By sect. 114 of the Merchant Shipping Act, 1862, it is recited that doubts have been entertained whether local marine boards have the power of determining a quorum, and it is declared that the power given by the Merchant Shipping Act, 1854, to all local marine boards of regulating the mode in which their meetings are to be held and their business conducted includes the power of determining a quorum, but that for the future such quorum shall never consist of less than three members. By sect. 111 of the Merchant Shipping Act, 1854, the owners of foreign going ships and home trade passenger ships registered at any sea port are entitled to vote at the election of members of these boards (c). The boards are bound by sect. 119 to keep minutes of their proceedings and to make returns, if required, to the Board of Trade; their acts are not invalidated by irregularities in the elections, or by reason of the want of qualification of their members, or by irregularities and errors in the lists of voters (s. 118); and the Board of Trade has, by sects. 120 and 121, а registered at the sea port (see ante, p. 16), together with any certified extracts or returns (see sect. 94) from the books of the Registrar-General of Shipping and Seamen which may be necessary. By sect. 115 of the same act, the expenses of making, printing and revising these lists must be certified by the justices; and these expenses and the expenses of elections may be allowed and paid by the Board of Trade. By sects. 116 and 117, every person whose name appears in the revised list of voters is qualified to vote at the election of members of the local marine board; and all persons qualified to vote and continuing to be owners of the requisite amount of tonnage (and such persons only) are qualified to be elected and to act as members of the board. (c) By the same section every registered owner of not less than two hundred and fifty tons in the whole of such shipping has, at every election, one vote for each member for every two hundred and fifty tons owned by him, so that his votes for any one member do not exceed ten. The section lays down the following rules for the purpose of ascertaining the qualification of the electors. In the case of a ship registered in the name of one person, he is to be deemed to be the owner; and in the case of a ship registered in distinct and several shares in the names of more persons than one, the tonnage is to be apportioned among the owners, as nearly as may be, in proportion to their respective shares, and each of them is to be deemed to be the owner of the tonnage so apportioned to him; and in the case of a ship or shares of a ship registered jointly without severance of interest, in the names of more persons than one, the tonnage is (if sufficient, either alone or together with other tonnage owned by the joint owners, to give a qualification to each of them) to be apportioned equally between the joint owners, and each of them is to be deemed to be the owner of the equal share apportioned to him; but if the tonnage is not so sufficient, the whole of it is to be deemed to be owned by such of the joint owners resident or having a place of business at the port or within seven miles thereof as is first named on the register. In making this apportionment, any portion may be struck off so as to obtain a divisible amount; and the whole amount of tonnage owned by each person, whether in ships or shares of or interests in ships, must be added together, and if sufficient, constitutes his qualification. discretionary power of interference with and control over the acts and appointments of the boards. The provisions of the Merchant Shipping Act, 1854, as to MERCANTILE mercantile marine offices, are as follows (d) : By sect. 122, in all sea ports in the United Kingdom in which there is a local marine board, the board is bound to establish a mercantile marine office or offices, and may for that purpose, subject to the provisions of the act, procure the requisite premises, and appoint, and from time to time remove and reappoint the superintendents of these offices, with any necessary deputies, clerks and servants. The board may also regulate the mode of conducting business at these offices, and it has, subject to the powers of the Board of Trade, a complete control over the same. All acts done before duly appointed deputies are as valid as if done before a superintendent. By sect. 123, the sanction of the Board of Trade is necessary so far as regards the number of the superintendents of these offices, and the amount of their salaries and wages and other expenses. The Board of Trade has the immediate control of the offices, so far as regards the receipt and payment of money at them. All superintendents and their deputies, clerks and servants must, before entering upon their duties, give such security as the Board of Trade may require; and if in any case the Board of Trade has reason to believe that any superintendent, deputy, clerk or servant does not properly discharge his duties, it may cause the case to be investigated, and may remove him from his office, and appoint another person in his place. MARINE mercantile The duties of the superintendents of mercantile marine offices Superinrelate chiefly to the following matters:-By the Merchant tendents of Shipping Act, 1854, s. 124, they are required to afford facili- marine offices. ties for engaging seamen by keeping registries of their names. and characters, to superintend and facilitate the engagement (d) These offices were first established by the 13 & 14 Vict. c. 93. It has been already mentioned that sect. 15 of the M. S. Act, 1862, provides that the old terms "shipping offices" and "shipping masters" shall no longer be used, and that these offices and officers shall be termed "mercantile marine offices" and "mercantile ma rine office superintendents." This sec- Powers of Board of Trade with respect to mercantile marine offices. and discharge of seamen (e), the making of apprenticeships, and to provide means for securing the presence on board at the proper times of the men who are engaged (ƒ). These officers, whose duties are of an important character, are entitled to demand fees according to a fixed scale. By sect. 125, they may refuse to proceed with any engagements or discharges unless the fees are first paid (g); and by sect. 126, owners or masters, who are bound to pay these fees in the first instance, may reimburse themselves in part by retaining from the wages of all persons (except apprentices) sums of money not exceeding certain sums fixed by the act (). It is however provided by sect. 126, that if the sum which the owner is entitled to deduct exceeds in any case the amount of the fee, the excess must be paid by him to the superintendent, in addition to the fee. By sect. 128, at places where no separate mercantile marine office is established, the Board of Trade may, with the consent of the Commissioners of Customs, cause the business of a mercantile marine office to be conducted at the Custom House, under an officer of customs; the Board may, by sect. 129, also appoint any superintendent or other person connected with any sailors' home in the port of London to act as a superintendent of such an office under the act. In the last-mentioned case, the superintendent is responsible directly to the Board of Trade, and not to the local marine board of the port. By the Merchant Shipping Act, 1873, s. 10, the Board of Trade may, instead of conducting the business of a mercantile marine office at a custom house, procure buildings and appoint the necessary clerks and servants for conducting the business. Sect. 130 of the Act of 1854 vests in the Board of Trade a dispensing power, with respect to transactions which the act requires to take place before a mercantile marine office superin (e) The M. S. Act, 1854, sect. 109, rendered the provisions of the act with reference to the shipping and discharge of seamen in the United Kingdom, applicable to all sea going British ships, wherever registered, and to the owners, masters, and crew of those ships; but see now the M. S. Act, 1862, s. 13, and post, p. 186, note (x). (f) As to the duties of the mercantile marine superintendents with regard to the Naval Reserve, see the Naval Reserve Act, 1859 (22 & 23 Vict. c. 40), s. 17, supra, p. 169. For their duties with regard to seamen's savings banks, see 19 & 20 Vict. c. 41, s. 2, App. p. ccxi., and post, p. 233. (g) See, as to these fees, The M. S. Act, 1854, Sched. Table P., App. p. clx, and note (), "Forms," No. 21, and "Forms," No. 55, and note («). (h) See The M. S. Act, 1854, Sched. Table Q. tendent. It also enables the Board to dispense from time to time with the transaction before a superintendent, or in a mercantile marine office, of any matters required by the act to be so transacted. vice under money to be By sect. 16 of the Merchant Shipping Act, 1862, it is pro- Person in servided that any person appointed to any office or service by or local marine under any local marine board, is to be deemed a clerk or servant board fraudulently diswithin the meaning of the 24 & 25 Vict. c. 96, s. 68 (i); and posing of that if any such person fraudulently applies or disposes of any guilty of emchattel, money, or valuable security received by him, while em- bezzlement. ployed in such office or service for or on account of any local marine board, or any other public board or department, to his own use, or any other purpose than that for which the same was paid, entrusted to, or received by him, he is to be deemed guilty of embezzlement. The same consequence follows if any such person fraudulently withholds, retains, or keeps back any such chattel, money, or valuable security, contrary to any lawful directions or instructions, which he is required to obey in relation to such office or service. The powers and duties of the superintendents of mercantile marine offices, with reference to the engagement and discharge of seamen and settlement of claims for wages, will be mentioned in a later part of this Chapter (k). CREW. The general duties of the crew are best described in the words DUTIES OF THE of the agreement which the master and crew of every ship, except ships of less than eighty tons register solely employed in the coasting trade, are bound to execute before the commencement of the voyage. The crew must conduct themselves in an orderly, faithful, honest, and sober manner, and must be at all times diligent in their respective duties; they are also bound to obey the lawful commands of the master, and of their superior officers, in everything relating to the ship, and the (i) This section provides that in cases of embezzlement by a clerk or servant, he is to be deemed to be guilty of feloniously stealing from his master or employer, although the money, chattel, or security embezzled was never received into the master or employer's possession, otherwise than by the actual possession of the clerk or servant. In indictments for offences M.P. under s. 16 of the M. S. Act, 1862, the (k) See infra, pp. 194-202, 231 232. N BREACHES OF Disobedience. stores and cargo, whether on board the ship, in boats, or on shore (1). They must bring to their work competent skill and knowledge; and their first duty is a cheerful obedience to all lawful orders. They must, at all seasons, and under all difficulties, use their utmost exertions to preserve the ship and cargo. In the event of shipwreck, the right of self-preservation even is subordinate to this duty; for they are bound to remain by the ship, and the master, as long as he deems it possible that she may be saved (m). To this general statement of the duties of the mariners it must be added that they are, in many senses, as has been said by Molloy (n), "the servants of the master, for whose miscarriages he must answer, and whom he may correct as the usage is at sea," and that their duties do not cease on the safe arrival of the ship in port, until they have assisted in the mooring of her, and in the delivery of the cargo (o). We proceed to consider more in detail the breach of these duties, by disobedience, desertion, mutiny, and other misconduct. Disobedience to a lawful command is not justified by an intemperate, or discourteous exercise of authority (p). · Although seamen cannot be required to perform duties belonging to a character in which they have not contracted to serve, or requiring a skill which they have not professed, it is clear that, subject to this limitation, no refusal to perform any of the inferior services of the ship, or any portion of the work not generally allotted to the persons upon whom it is sought to be imposed, would be justifiable, even although the order might be harsh and, under the circumstances, unreasonable; for the Courts of law look with a necessary and wise indulgence upon the exercise of the powers (7) See infra, p. 198, and the forms of agreement sanctioned by the Board of Trade, under the M. S. Act, 1854, s. 149; and the M. S. Act, 1872, s. 16; Appendix, "Forms," Nos. 24, 25, 25A, 25B, 25c. The forms of agreement issued under the earlier statutes were substantially similar with respect to the duties of the crew. The Board of Trade have issued forms of agreement applicable to ships engaged in the northern and southern whale fisheries. (m) The Neptune, 1 Hagg. 236; The Warrior, Lush. 481. See also The (n) B. 2, c. 3, s. 13; see also Bac. |