THE FOREIGN SEAMEN’S ACT.

New Zealander, Volume 9, Issue 717, 26 February 1853, Page 3

THE FOREIGN SEAMEN’S ACT.

(From the Sydney “ Empire," Jan. 12.)

The recent desertion of the whole crew of the Rajah Wallie reminds us of an important duty. Without entering into the particulars of that desertion, we are nevertheless furnished by it with an occasion of calling attention to the Act recently passed “ for more effectually preventing desertion and other misconduct of seamen belonging to foreign ships.” The Rajah Wallie with her crew comes under the jurisdiction of this Act. Whether the laws we have, affecting foreigners, be good or bad, it is indispensable that they should know this.

The Act before us is altogether new, and has no preamble, commencing its enactments without introductory reasons, although in the last clause it repeals the Act 10 Victoria, No. 8, relating to foreign seamen. By the first clause, any seamen belonging to a foreign ship in anj r part of the colony, may be apprehended, on the oath of the person in charge of the ship, by warrant from any Justice of the Peace, and place at the disposal of the particular consular authority belonging to the nation to which such ship belongs, or otherwise dealt with, if necessary, according to the subsequent provisions of the Act. The consular authority maj r request to have deserters put forcibly on board the ships to which they belong. Of course, the magistrates must be understood to be bound to fulfil such request, if it be made, and so to supersede all other measures incompatible with it.

For the following delinquencies, imprisonment with hard labour in any gaol or house of correction of the colony—For a first desertion, twelve weeks’ imprisonment, and for a second, si:c months ; for assisting master or other officer, twelve weeks ; for wilful disobedience to any lawful command of such master or officer, four weeks ; for continued neglect of duty under such wilful disobedience, twelve weeks ; for conspiracy with others to perpetrate such disobedience or neglect and to impede the departure of the ship, twelve weeks. It is, however, specially provided that these enactments shall not take away or abridge any powers which a master has over bis crew. And the periods of imprisonments may be shortened at the instance of the consular authority for the sake of getting the imprisoned seaman on board their ships, any Justice of the Peace being empowered to direct their discharge from prison for that purpose. Every Justice of the Peace is authorised, on the oath of’the master of a ship, to issue a warrant of search for a deserted seaman, on board any ship or othervessel where such seaman is supposed to be detained or secreted ; and the power extends to any house or other place on shore. But no warrant is to be issued, and no offence of the kind is to be deemed punishable, “ except at the instance, or with the express assent in writing” of the proper consular authority, unless such consular authority have signified to the Governor the desire of the nation to which it belongs that all cases provided for by this Act may be dealt with according to its enactments, and this general desire have been published under the authority of the Governor in the Government Gazette.

The offence of harbouring or employing deserters from Foreign ships is punishable under this Act, when proved to be wilful and cognizant of their desertion. Negligence of endeavour to ascertain -wliether seamen have tlieir proper discharge, is to be regarded as a part of the offence ; and an3 r attempt to induce desertion, by words, or actions more especially, falls under the penalty. The conviction is to be summary, before any Justice of the Peace, and for the first offence the punishment is to be, penalty- not exceeding £2O ; and for the second or any subsequent offence, penalty not less than £lO, nor more than £SO. The penalty not being paid, the offender may be imprisoned for any period not exceeding six months, with or without hard labour—the imprisonment to terminate on payment of penalty and costs.

No subscribing witnesses are necessary to prove the articles by which such seamen have been bound ; but a 'copy of them, certified under the hand of the proper consular authority, it is to be received as prima facie evidence of the engagement. The expenses of prosecutions of this sort are to bo defrayed by the consular authority, or agents who may be active in procuring such prosecutions. The proceedings are all to.be summary ; nor is any removal by certiorari or otherwise into the Supreme Court to be allowed; nor is any defect of warrant, or order, to invalidate proceedings, the only thing required being “ a good and valid conviction.”

Of course, it is impossible to suppose that this Act will meet every exigency which may arise in a state of things like that which at present exists here. The Act before us is, however, remarkably clear and simple, and free from ambiguity, and gives to foreign shipmasters as much protection and assistance as they can desire. But it ought not to be expected, that redress can be afforded where seamen’s articles are thoroughly inadequate to constitute a substantial agreement. Many instances of difficulty are of this very nature. It is only vexatious to attempt to enforce defective articles, as it consumes time, involves expense and trouble, and seldom leads to a happy result. Were we the master of a ship, and found our articles incapable of legal operation, we would abandon them rather than endure the annoyance of ineffectually enforcing them. In the drawing up of articles everything ought to be fair, clear, and intelligible to. the seamen. .There should be no doubt as to the nature of the duties the crew undertakes to discharge. No advantage should be taken. But when good articles are produced, and the proof is clear :t hat: the terms are within the scope of reason .and obligation,.it is,fit they should be enforced for example’s sake; and the law now passed puts it into the power of every colonial Magistrate to render valuable assistance in reference to foreign seamen, on being duly re- ; quested to do so. It is greatly to be hoped that the complaints \rith which Sydney has, for the whole petiod of the gold excitement, been disgraced with regard to the shipping interests, will be brought to an end. But it really depends much more on the disposition and prompt intelligence of the administrators of tho law, than upon the abstract excellence of whether those complaints shall cease. It is impossible to feel sure, in the existing state of the magistracy, whether the clearest provisions will be uniformly and confidently applied. A thorough discipline in common sense would benefit many of our justices of the peace. All that can be said in the present case is, that there is little room left for doubt in the Act of which we have how given an abstract. It is sufficiently comprehensive to cover any case of which we can conceive as connected with its proposed jurisdiction. But. something. likewise depends upon the honourable and harmonious, conduct of all parties concerned. It will never be possible to prevent disorder by the mere force of enactments, where all parties strive to take advantage of each other. Captains of vessels, should, , to a man, regard themselves as bound by the law ojT honour, riot to encourage desertion, or to hold out any inducements to the commission of that offence. It is positively dishonest to do so, and the action deserves universal scorn. Respectable. masters ■will abstain from such conduct, not merely on ; "• j ■ r . i , f ■ T , ■

account of the disgrace attached to it, but chiefly from its meanness, and its flagrant immorality. Were all parties to act up to this law of honour, it would contribute more than anything else to check the prevailing mischief. As to the people on shore with whom deserters from ships usually take refuge, they are generally of so low a character, so destitute of all the characteristics of social propriety, that any appeal to them would be utterly useless. They can only be left to the operation of the sixth clause of the present Act —and we truly hope they may feel its force.