[principal sum] at the least And shall
and will at the time of the execution of
these presents deposit and leave with the
said commissioners their successors and
assigns the policy of insurance of the
said messuages dwelling-houses and
buildings and shall and will during the
continuance of this security as aforesaid
pay or cause to be paid such annual and
other premiums and duty and other sum
or sums of money as shall become pay-
able in order to keep effectual the said
policy of insurance and also shall and
will within fourteen days after each and
every of the said premiums or sums of
money as shall become payable in order
to keep the said policy of insurance
effectual deposit with the said commis-
sioners their successors or assigns the
receipt or receipts which I my heirs exe-
cutors or administrators shall have re-
ceived for the same And in default of
payment of the said premiums or sums
of money as aforesaid or depositing the
said receipts it shall be lawful for the
said commissioners their successors or
assigns at any time or times thereafter
to pay any premiums or duty or other
sum or sums of money for keeping the
said policy of insurance effectual or
otherwise for keeping the said messuages
and buildings insured against loss or
damage by fire in any sum or sums of
money not exceeding the said sum of
£
and that I my heirs executors
administrators or assigns will at all
times on demand pay unto the said
commissioners their successors or assigns
such sum or sums of money as they shall
pay or advance for any of the purposes
with interest for the same at the rate
aforesaid And that in the meantime
the same with interest as aforesaid shall
be and remain charged upon the said
piece or parcel of land messuages here-
ditaments and premises and the same
shall not be redeemable until full pay-
ment thereof respectively as well as of
the said sum of £
and the

interest thereon as aforesaid And it is
hereby declared that the said commis-
sioners their successors and assigns shall
hold the policy of insurance to be effected
as aforesaid in trust in the first place
for the better securing the said sum of
£
and the interest thereof and
the said moneys which shall have been
expended by them in and about such
insurance or insurances and the interest
thereon as aforesaid and subject thereto
in trust for me my heirs and assigns.

28 VICTORIA, No. 263.

SCHEDULE III.

FORM OF RELEASE OF MORTGAGE AND RECONVEYANCE.

[To be endorsed on the Mortgage Deed.]

WE the Commissioners of Savings Banks in the colony of Victoria in consideration
of the principal sum of
pounds lent by us to the within named

Section 33.

28 VICTORIA, on mortgage of the lands and hereditaments within referred to and this day repaid to No. 263. us together with all interest (if any) amounting to pounds now also paid by virtue of the Act within referred to do hereby release the said lands and hereditaments and the said his heirs and assigns of and from the said principal sum and all interest now due in respect of the same And we do hereby reconvey release and grant the same premises to the said [the mortgagor or representative if dead] his heirs and assigns To hold the same unto and to the use of the said free from such principal sum and all interest thereon. in the year of

Given under our common seal this
our Lord One thousand eight hundred and

day of

Section 38.

Section 38.

(Commissioners' seal.)

SCHEDULE IV.

FORM OF MORtgage Deed for loan to CORPORATION Of Melbourne or Geelong.
COLONY OF VICTORIA,

The Savings Banks Statute 1865.

By virtue of "The Savings Banks Statute 1865" we the mayor aldermen councillors
and citizens of the city of Melbourne [or otherwise as the case may be] in con-
sideration of the principal sum of
pounds lent to us by the
Commissioners of Savings Banks in the colony of Victoria for the purposes of the
said city [or town shire or borough] do hereby grant and assign unto the said com-
missioners and their successors all the rates and revenues arising accruing and to be
raised or collected by us from said city [or town shire or borough] TO HOLD the same
to the said commissioners and their successors until the said sum of
with
interest for the same at
per centum per annum shall be paid and satisfied
and the said principal sum shall be fully repaid to the said commissioners at or before
the end of
years from the date hereof.
Given under our common seal this
eight hundred and

day of

One thousand

[Signature of Mayor or President.] (Seal.)

SCHEDULE V.

FORM OF RELEASE TO CORPORATION OF MELBourne or Geelong.

[To be endorsed on Mortgage Deed.]

We the Commissioners of Savings Banks in the colony of Victoria in consideration of the principal sum of pounds lent by us to the within named corporation of the city of Melbourne [town shire or borough as the case may be] and now repaid to us together with pounds interest due thereon do hereby release the said corporation and the rates and revenues thereof from the said principal sum and interest and do hereby reassign and reconvey the said rates and revenues to the said corporation.

An Act to Consolidate the Law relating to Seamen.

[9th May 1865.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows :—

1. This Act shall come into operation on the first day of June Title of Act. in the year of our Lord One thousand eight hundred and sixty-five.

It shall be called and may be cited as "The Seamen Statute 1865;"

and the sections thereof are arranged in Parts as follow:

PART I.-Adoption of Imperial Act ss. 3-4.

PART II.-Water-Police ss. 5-6.

PART III.-Foreign Seamen ss. 7-16.
PART IV.-Arrest of Vessels ss. 17-19.

Acts.

2. The Acts mentioned in the Schedule hereto to the extent Repeal of existing to which such Acts are in and by such Schedule expressed to be schedule.

No. 245.

28 VICTORIA, repealed shall be and the same are hereby repealed, except as to anything done offences committed penalty or liability incurred privilege acquired license or certificate granted or appointment made under the said repealed Acts or any of them.

Part 3 of "Merchant Shipping

PART I.-ADOPTION OF IMPERIAL ACT.

3. The provisions of the Third Part of an Act of the Imperial Parliament called "The Merchant Shipping Act 1854" relating to masters and seamen are hereby applied and adapted to all British See 30 & 31 Vict. ships registered at trading with or being at any place within the

Act 1854" adopted.

c. 124.

287

Adoption of Acts
amending and
repealing the

Third Part of
"Merchant Ship-

jurisdiction of the Government of Victoria and to the owners masters mates and crews thereof, by virtue of the power in that behalf contained in section CCLXXXVIII. of the said Act.

4. The provisions of sections thirteen to twenty-four both inclusive of an Act of the Imperial Parliament called "The Merchant Shipping Act Amendment Act 1862" by which the provisions hereinping Act 1854." before adopted are amended are hereby applied and adapted to all British ships registered at trading with or being at any place within the jurisdiction of the Government of Victoria and to the owners masters mates and crews thereof; as also the provisions of any Act of the Imperial Parliament which may be hereafter passed amending or repealing the provisions of the said Third Part of "The Merchant Shipping Act 1854" or of any amendment thereof. It shall not be lawful for any person summarily convicted by any justice under any of the provisions by this Part of this Act adopted to appeal from such conviction to any court of general sessions of the peace.

Vessels may be boarded and searched.

Penalty for wil

fully obstructing or resisting per

seamen.

PART II.-WATER POLICE.

5. Any superintendent or officer of water police or any justice or constable may, with such assistance as may be required, enter on board and search any vessel entering or being within any port or harbor of Victoria, when and so often as he shall have reasonable ground for believing such search to be necessary in the execution of his duty.

6. If the master of any vessel or any other person shall resist or wilfully obstruct any superintendent of water police justice officer sons in search of of customs water-policeman constable or any of their respective assistants whilst searching for or endeavouring to secure any seaman or other person on board or reasonably suspected to be on board such vessel or in any house or place on shore, or shall rescue or attempt to rescue or assist any such seaman or other person, every such person so offending shall upon conviction before any two justices forfeit and pay for every such offence a penalty not exceeding twenty pounds for the first offence, and not less than ten nor more than fifty pounds for a second or subsequent offence; and in case of nonpayment thereof any two justices may commit the person so offending to any gaol for any term not exceeding six months with or without hard labor unless such penalty and all costs shall be sooner paid; and all penalties under this section shall be paid to and form part of the "police reward fund."

PART III.-FOREIGN SEAMEN.

7. In the construction of this Part of this Act the word "vessel" shall mean any navigable ship or boat of whatever construction and whether moved by wind steam or any other power; the word "consul" shall include consul vice-consul or other consular officer or agent; the words "foreign vessels" shall include all vessels not belonging to any British possession; and the word "seaman' shall include every person (except masters pilots and apprentices) employed or engaged in any capacity on board any vessel.

28 VICTORIA, No. 245.

Interpretation of terms.

vessels may be

8. If any seaman belonging to any foreign vessel in any port seamen deserting harbor roadstead or river of Victoria or otherwise within the limits from foreign thereof shall desert from such vessel or otherwise abscond or absent apprehended. himself from his duty, or shall be charged with having committed any of the offences hereafter in the next section enumerated, any justice upon information on oath of the master mate or other person having charge of such vessel may issue his warrant for the apprehension of such seaman; and thereupon at the request of such master mate or other person informing as aforesaid may order such seaman to be put forcibly on board the vessel to which he may belong, or may deal with such seaman as hereinafter is provided, or may place such seaman at the disposal of the consul of the nation or state to which such vessel shall belong.

soned with hard

9. Every seaman of any foreign vessel in any port harbor road- Such seamen stead or river of Victoria or otherwise within the limits thereof who may be imprishall commit any of the offences hereinafter mentioned shall, upon labor. conviction thereof before any two justices, be liable to be imprisoned with hard labor in any gaol in Victoria for periods not exceeding the periods hereinafter respectively assigned to the said offences (that is to say) :

(1.) For assaulting any master or other officer of such vessel, For assaulting. a period of twelve weeks:

(II.) For wilful disobedience to any lawful command of the Disobedience. master or other officer of such vessel, a period of four

weeks:

obedience or

(III.) For continued wilful disobedience to such lawful com- Continued dismands or for continued wilful neglect of his duty as a neglect of duty. seaman of such vessel, a period of twelve weeks:

neglect.

(IV.) For combining with any of the crew of the vessel to Combining to
which he belongs to disobey the lawful commands of his disobey or
officers or to neglect his duty as a seaman or to impede
the discharge loading or departure of the vessel or the
progress of the voyage, a period of twelve weeks:

(v.) For desertion from the vessel to which he belongs, a Desertion.
period of twelve weeks for the first offence and a period

of six months for any subsequent desertion :

other mis

(VI.) For drunkenness or other misconduct disabling any Drunkenness or
such seaman for the discharge of his duty, a period of conduct.
four weeks for the first offence and a period of eight
weeks for any subsequent offence:

Provided that nothing herein contained shall take away or abridge
any powers which a master of any such vessel has over his crew, or