30 Sponge And Turtle Fisheries

• Author: Ralph Hone
• Pages: #1

CHAPTER 30.

SPONGE AND TURTLE FISHERIES.

ARRANGEMENT OF SECTIONS.

SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

   PART I.

   THE CONTRACT FOR THE VOYAGE.

3. AGREEMENTS TO BE MADE WITH CREW.

4. CONTENTS OF AGREEMENT.

5. AGREEMENT TO BE WITNESSED.

6. DECLARATION TO BE MADE BY WITNESS AND MASTER.

7. DUPLICATE TO BE DEPOSITED WITH CUSTOMS OFFICER.

8. SAVING FOR ENGAGEMENT OF ADDITIONAL CREW DURING VOYAGE.

9. FRAUDULENT OBTAINING OF ADVANCES.

   PART II.

   THE VOYAGE.

10. NUMBER OF CREW.

11. MASTER DISBANDING CREW.

12. NEGLECT OR REFUSAL OF MASTER TO PROCEED ON VOYAGE OR COMPLETE CREW.

13. POWER TO SUBSTITUTE MASTER.

14. SEAMEN DESERTING OR REFUSING TO JOIN SHIP.

15. POWER OF COURT TO SUSPEND PUNISHMENT.

16. PENALTY FOR IMPROPER APPREHENSION.

17. OFFENCES OF SEAMEN DURING VOYAGE.

18. APPROPRIATING STORES, CARGO, TACKLE OR MONEY.

    PART III.

    THE PROCEEDS OF THE VOYAGE.

19. PAYMENT FOR SPONGE AND TURTLE SHELL TO BE MADE IN MONEY ONLY.

20. UNLAWFUL SALE OR DISPOSITION OF PROCEEDS BY MASTER OR SEAMEN.

21. DISPOSAL BY OTHER PERSONS.

22. DUTY OF SELLERS TO MAKE ENQUIRY.

23. PURCHASE OR RECEIPT OF PROCEEDS OF VOYAGE UNLAWFULLY SOLD OR DISPOSED OF.

24. DUTY OF PURCHASERS TO MAKE ENQUIRIES.

    PART IV.

    PAYMENT OF SHARES OR WAGES.

25. SHARES TO BE PAID IN MONEY ONLY.

26. DUTY OF OWNER TO FURNISH ACCOUNTS.

    PART V.

    EMPLOYMENT OF CHILDREN.

27. EMPLOYMENT OF CHILDREN UNDER FOURTEEN PROHIBITED.

28. JURISDICTION OF COURT.

29. PROOF OF AGE.

30. REASONABLE BELIEF THAT CHILD OVER AGE A GOOD DEFENCE.

    PART VI.

    PROCEDURE AND PENALTIES.

31. ALL OFFENCES AGAINST ACT TRIABLE SUMMARILY.

32. PENALTIES FOR OFFENCES.

33. TECHNICAL INFORMALITIES OBVIATED.

34. POWER OF COURT TO ORDER FORFEITURE OF SHARES.

    SCHEDULE.

    FORM OF AGREEMENT.

    CHAPTER 30.

    SPONGE AND TURTLE FISHERIES.

    AN ACT RELATING TO THE SPONGE AND TURTLE FISHERIES.

    [18th April 1905.] 1. This Act may be cited as The Sponge and Turtle Fisheries Act.

2. In this Act, unless the context otherwise requires'court' means a magisterial court having jurisdiction under The Magistrates Act and the Acts passed in amendment thereof;

   'indictable offence' has the same meaning as in The Magistrates Act;

   'money' includes cheque, bill of exchange or other valuable security;

   'sale' includes barter and 'to sell' and 'to purchase' include to barter;

   'seaman' means any person, other than the master, who shall be engaged to serve in any capacity on board any vessel.

   PART I.

   THE CONTRACT FOR THE VOYAGE.

3. -(1) It shall not be lawful for the master of any vessel engaged in the sponge and turtle fishery of the Colony to carry any person from the Port of Nassau or from any place in the Colony at which there is a justice of the peace on a sponging or turtling voyage in any capacity whatsoever unless he shall have first entered into an agreement in writing with such person in accordance with the form given in the Schedule to this Act.

   (2) Any master who shall carry any person on a sponging or turtling voyage in breach of this section shall be guilty of an offence against this Act.

   18 of 1905.

   4 of 1906.

   12 of 1908.

   Short title.

   Interpretation.

   Ch. 36.

   Agreements to be made with crew.

   Schedule.

   (3) This section shall not apply to any vessel under five tons measurement.

   Contents of 4.-(1) Every such agreement shall contain a true agreement, statement of the various particulars set out in the form Schedule. of agreement given in the Schedule to this Act.

   (2) Any party to any such agreement, and any person preparing any such agreement who shall with intent to defraud insert therein a false statement of any material particular or who shall with intent to defraud fail to insert therein any material particular, shall be guilty of an offence against this Act.

   Agreement 5.-(1) Every such agreement shall be signed by to be witnessed, the master and seamen in the presence of some witness.

   (2) It shall be the duty of every person witnessing any such agreement clearly to explain the same to every seaman, and to satisfy himself that such seaman understands the purport and meaning of the engagement he enters into and the terms under which he is bound.

   (3) In any proceedings under this Act it shall not be necessary for the production in evidence of any such agreement that the signature of the attesting witness should first be proved, but every signature to any such agreement purporting to be the signature of an attesting witness shall be presumed to be genuine until the contrary is shown.

   Declaration 6.-(1) It shall be the duty of the master of every to be made by witness vessel about to proceed on a sponging or turtling and master, voyage in respect of which an agreement has been signed under this Act, and also of every person witnessing any such agreement to appear before a justice of the peace or a customs officer of higher rank than a tidewaiter and make declaration that the said agreement has been explained to the seamen signing the same.

   (2) Any person who shall wilfully make default in complying with the provisions of this section shall be guilty of an offence against this Act.

   (3) If any declaration made under this section shall to the knowledge of the person making it be false in any material particular, the person making it shall be guilty of an offence against this Act.

   (4) In any proceedings in which it shall be necessary to show that any agreement under this Act has been declared to before a justice of the peace or customs officer, the signature of a justice of the peace or customs officer to a certificate of such declaration attached to the agreement shall be sufficient evidence of the making of such declaration, and every signature purporting to be the signature of a justice of the peace or customs officer to such certificate shall be deemed to be genuine until the contrary is proved.

7. -(1) Every agreement under this Act shall be Duplicate to executed, witnessed and declared to in duplicate and itte hueoste one part thereof shall be retained by the owner or agent officer.

   of the vessel and deposited by him within a reasonable time or on demand with the chief customs officer of the port from which the vessel shall sail.

   (2) Any owner or agent who shall refuse on demand by or on behalf of such customs officer to deposit with him any agreement entered into in accordance with this Act shall be liable to a penalty of ten pounds.

8. Nothing hereinbefore contained shall be Saving for deemed to preclude any master from engaging any enaiionacrew additional seamen for the voyage after the...