Section 11. Sections IX to XVI of the said Act I of 1859 shall not apply to ships Sections I X to X V I of[reg

11. Sections IX to XVI of the said Act I of 1859 shall not apply to ships Sections I X to X V I of[registered under Act X of ] [1841 (for prescribing the rules ] Act I of 1859 not to apply to be observed, im order that ships or vessels belonging to to ships registered under A C ~ x of 1841, under cer- Ports withir, the Territories wnder the Goues~nment of the tain circumstances. Bast India Co?npmy, or belonging to Native Princes or States, or their Subjects, may become entitled to the privileges of British ships wndev a proc'lamatior, of the -Governor-General of India in Council, made ir, pursuance of the Xtatute 3 mcl4 Victoria Chapter 56), and trading between Ports in India and the Coast of Arabia, when such ships are navigated and manned exclusively by Arabs, Lascars, or other Asiatic Masters and Seamen, or to ships of less than two hundred tons burden registered under the said Act X of 1841, and `PRICE TWO ANNAS.` ~ * . . ACT No. XQ OF 1863. and trading between any Port of tlie Settlement of Prince of Wales9 Island, Singapore and Malacca, and the Gulf of Siam, or the Eastern Archipelago, when such ships are navigated exclusively by Malays, Lascars, or other Asiatic >%asters and Seamen. 111, The Master of every ship, except ships of a burden not exceeding - - Agreements with Sea-[three hundred tons employed only in the Home-trade, ] men and others. shall enter into agreement with every Seaman and with every Native of India not being a Seaman whom he carries to sea from any Port in India as one of his crew, in the manner hereinafter mentioned ; and every such agreement sliall be in a form sanctioned by the Governor-General of India in Council, and shall be clated at the time of the first signature thereof, and shall be signed by the Naster before any seaman or other person aforesaid - siglis the same, and shall contain the following particulars as terms thereof; (that is to say)- 1.-The nature and, as far as practicable, the duration of the intended voyage or engagement. %.-The number and description of the crew, specifying how many are engaged as Sailors. 3.-The time at which each Seaman and each Native of India not being a Seaman is to be on board or to begin work. &,--The capacity in which each Seaman and each Native of India not being a Seaman is to serve. 5.-The amount of wages which each Seaman and each Native of India not being a Seaman is to receive. 6.-A scale of the provisions which -are to be fwnished to each Seaman and to each Native of India not being a Seaman. ?.-Any regulations as to conduct on board, and as to fines, short allowance of provisions, or other lawful punishments for misconduct, which have been sanctioned by the Government as regulations proper to be adopted, and which the parties agree to adopt. And * I And every such agreement shsll be so framed `as` to admit of stipulations to be adopted at the will of the Master and Seaman, and each Native of India not being a Seaman, in each case (not being inconsistent vith the provisions of this Act), as to advance of wages and supply of warla clothing, and may contain any other stipulations which are not contrary to law. Provided that, Proviso as to forms for[if ][the Master of any ship belonging to the United Hing- ] British Or Colollial ships. dom or any British possession has an agreement vith his crew, made in due form accorcling to the law of the place to which sue11 ship belongs, or in which her crew were engaged, and engages single Seaman, or ally Native of India not being a Seaman, in any Port in India, such Seaman or other person aforesaid may sign the agreement so made, and it shall not be necessary for such Seaman or other person aforesaid to sign an agreement under Proviso where Lascars, this Act.[Provided also that, in the case of Lasca~s or ] * &c., are shipped. other Native Seaman, and every Native of India not being a Seaman, when it shall be agreed that the service of any such Seaman or other person aforesaid shall end at any Port not in India, the agreement shall contain stipulations for providing for sucll Seaman ok other person aforesaid fit employment on board some other vessel bound to the Port at which he vas shipped, or such other Port as may be agreed on, or for providing for him a passage to some such Poi% as aforesaid free of charge, or on such other terms as may be agreed on; and eveiy such stipulation shall be signed by the owner of the vessel, or by the Master on his behalf. IV. Every Court having Admiralty Jurisdiction in India, and the prinCourt authorized to cipal Court of ordinary Criminal Jurisdiction at every Port make enquiry into charges in India where there is ' no Court having Admiralty against Masters, .Mates, and Engineers, and to reJurisdiction, is hereby authorized to investigate and try port to local Government. charges of incompetency or misconduct on the part of any Master, Mate, or Engineer of any ship, who shall have obtained his certificate from the Board of Trade, and to make enquiry as to shipwreck or other casualties affecting ships ; and if on such investigation it shall appear to any such Court as aforesaid, that the loss or abandonment of, or any serious damage to, any ship, or loss of life, has been caused by the wrongful act or default of any such Master, Mate, or Engineer, or that any such Master, Mate, or Engi. neer has been guilty of any gross act of misconduct, d~unkenness, or tyranny, such Court may suspend, for such period as it shall think fit, or may cancel, such certificate, whether of competency or service, of such Master, Mate, or Engineer, ancl ACT No. XV `OF 1863.` the Court shall report; the same to the local Government within whose s such Court is situated. Provided that no certificate shall be cancelled or suspended, unless a copy of the Report, or a statement of the case upon which the investigation is made, shall have been furnished to the bwner of the certificate before the cornmencenent of the investigation. Provided also that the Report of such Court is confirmed by the Governor or other person administering' the local Government wherein such Court is held. V. Every Court by which any investigation or trial is held under the last preceding Section. sl~alll, at the concli~sion. of the case, Pr0cedlu.e of such C~uurL. or as soon afterwards as possible, state in open Court the decision to which they mag have come withrespect to cancelling or suspending certificates, and shall in all cases send a full Report upon the case with the evidence to the Board of Trade, and shall also, if they determine to cancel or suspend any certificate, forward such certificate to the Board of Trade with TTI. If the local Government, on the information of any Shipping Master, ~~~~l ~ ~m?y QS on any other ground, has reason to believe that any ~ ~ ~ s ~ ~ ~ direct investigation in Master or Mate who has obtained a certificate of comcases of incompetency and misconduct. petency or service from such Government, or from any other local Government, is, from incompetency or misconduct, unfit to discharge his duties, it may direct any Board or officer at or near to the place at which it may be convenient for the parties and witnesses to atiend, to institute an investigation ; and thereupon such Board or officer shall conduct the investigation into such charge of incompetency or misconduct, and shall, on the conclusion of the investigation, make a Report upon the case to the local Government which ordered the investigation. VII.[For the purpose of any such cnquiry undcr Scction ][IV ][or Bectioa ] Potvess of Court, kc.,[TI, ][the Court, Board, ][OF ][offioor may aummon the Master, ] in making anqulry. Mate, or Engineer, as the case may be, to appear, and shall give him full opportuliity of making a defence, either in person or otherwise, and may summon and examine wilnesses, aud may make such order with respect to the costs of w~ch investigation, and may require such security for costs, as such Court, Board, or officer may deem j ~ ~ s t , Every order in re- ACT No. XV `OF` 1863. spect of costs under this Section may be enforced in like manner as a fine may be enforced by a Magistrate in the Port where such investigation is held. VIII. The local Government may suspend or cancel the certificate (whether of competency -or service) granted by such Local Government may cancel or suspend dertifi- local Government, or by any other local Government, cates in certain cases. under t l ~ e said Act I of 1859, to any ,&Taster or Mate, in the following cases ; (that is to say)- Clwse 1. If upon any investigation conducted under the provisions of Sections C, CI and CII of Act I of 1859, it is reported Loss, abandonment, or serious damage by defa~lt that the loss or abandonment of, or serious damage . of llaster or Mate. to, any ship, or loss of life, has been caused by his arong- ful act or default. Clause 2. If upon any investigation held under Section VI of this Act, the Master or Mate shall be reported to be iacornpetent, Incompetency, gross misconduct, drunkenness, or or t~ have been guilty of any gross act of misconduct, tyranny of Master orMate. drunkenness, or tyranny. Clausc 3. If upon any invcatigatiofi held under the provisions of the Or after other investi-[Merchant Shipping Act, 1854, or the Merchant Ship- ] gations. ping Amendment Act, 1862, or upon any investigation made by a Naval Court constituted as is provided by any law for the time being in force, or upon any investigation made by any Court or tribunal authorized or hereafter to be authorized by the legislative authority in any British possession to make enquiry into charges of incompetency or misconduct on the part of Masters or Mates of ships, or as to shipwreck or other casualties affecting ships, it is reported that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrollgful act or default ; or that he has been guilty of any gross act of misconduct, drunkenness, or tyranny. Provided always that, in the case of any Report by any such last-mentioned Court, or tribunal, the Report shall have been confirmed by the Governor or person administering the Government of such possession. 0 Clause `4.` If' he has been superseded by the order of any Admiralty Court, or of any Naval Court constituted as provided by Supersession. the Merchant Shipping Act, 1854, or any other law for the time being in force. Clause 5. QZ'amse 5. If he is shown to have been convicted[of ] Conviction of any offence. t any offence. IX.[Every Master, Mate, or Engineer ,whose certi6cate is cancelled ] or suspended under the provisions of this Act, shall Master; Xate, or:Engineer to deliver up his ~erti. deliver it to the Shipping Master, or to such other person ficate. Penalty otherwise. `as` the Court or the local Government which cancelled or suspended the certificate shall dillect, and in default shall, for each offence, incur a penalty not exceeding five hundred rupees. Provided that if the local - Provision for report to[Government which cancels or suspends ][a ][certifi~ate of a ] other local Governments. Master or Mate is not the local Government that granted - the same, the local Government which so cancels or suspends the certificate shall report the proceedings, and the fact of cancelment or suspension, to the local Government which granted such certificate. Provided also that it shall be competent to any local Government at any subsequent time to grant to any person whose certificate has been cancelled a new certificate of the same or of any lower grade. \ X. Nothing in this Act shall be held to affect the powers of removal Saving of powers vest-[vested by Section CCXL of the Merchant Shipping ] in oortnin Admiralty Aot of 18511, or Seution LXSX of the mid Act I of 1859, `in` Oourts having Admiralty Jurisdictivn in India. The said powers may be exercised by the principal Court of Ordinary Criminal Same powers may be[[Jurisdiction at any Port in India wliere there is no ]] exercised by Chief CrimiCourt having Admiralty Jurisdiction, if the Master or nal Court in Indian Port, in Indian Port, Indian Port, where there is no Admi. Mate shall have received his certificate from any local ralty Court. Government. Saving of powers vest~a in oortnin Admiralty CuurLs. The said powers may be exercised by the principal Court of Ordinary Criminal Same powers may be[[Jurisdiction at any Port in India wliere there is no ]] exercised by Chief CrimiCourt having Admiralty Jurisdiction, if the Master or nal Court in Indian Port, in Indian Port, Indian Port, where there is no Admi. Mate shall have received his certificate from any local ralty Court. XI. This Act shall be read and taken as part of the said Act I of 1859. ~ cto be taken as part t of a c t I of 1859. ' i