(to be procured as hereinafter mentioned), which ticket the said master is hereby required to retain (except in the cases hereinafter provided) until the service of such seaman shall have terminated, and at the termination of such service the said master shall return the register ticket to him."1

There is a special form of agreement for vessels proceeding to foreign places, in which case also the master must, within twenty-four hours after his arrival, present the agreement, or a certified duplicate of it, to the collector or comptroller of customs, who retains it till the wages are paid, and then transmits it to the registrar. The ship cannot be cleared inwards till this provision is complied with.2 There is also a special form for fishing-vessels, and those trading with the Channel Islands, or the coast of the continent between Brest and the Elbe. These agreements are not to extend beyond the subsequent 30th June, or 31st December, or the next arrival of the vessel; and the master must, within twenty-one days after these respective dates, transmit every intermediate agreement, or a certified copy of it, to the collector or comptroller. There are separate pecuniary penalties against the master for the omission of any of the above regulations. If a seaman, after having signed an agreement for a voyage, refuses to proceed with the ship, he may be brought before a justice of peace, and on complaint on oath may be committed to the house of correction for a period not exceeding thirty days. For temporary absence, a mariner forfeits two days' wages, and six days' wages for every twenty-four hours of such absence, or the expense of paying a substitute, at the option of the master; "and in case any seaman, while he shall belong to the ship, shall, without sufficient cause, neglect to perform such his duty as shall be reasonably required of him by the master, or other person in command of the ship, he shall be subject in a like forfeiture in respect of every such offence, and of every twenty-four hours' continuance thereof." 6 A seaman actually deserting forfeits all his wages and all effects he may leave on board, and becomes liable to a summary action for any higher rate of wages paid to a substitute.?

Recovery of Wages.-There are statutory provisions for the payment of wages. In the coasting trade wages must be paid within two days after the termination of the agreement, or the time of discharge, whichever may first happen.

17 & 8 Vict. c. 112, § 2.-2 Ibid. § 3.3 Ibid.- Ibid. § 4.-5 Ibid. § 6.— Ibid. § 7.--7 Ibid. § 9.

In the foreign trade they are payable within three days after the termination, or seven days after discharge, whichever may first happen; the seaman at the time of discharge being entitled to one-fourth of the balance. The amount of two days' pay is forfeited by the delay of each day, where the whole delay does not exceed ten days. These provisions do not apply to vessels in the Northern Whale Fishery, or in adventures in which the seamen are remunerated by shares. There are summary methods for recovering arrears of wages not exceeding £20. Whenever a seaman has been discharged for three days, on proving to a justice of peace that delay to pay his wages interferes with his fulfilling a new engagement, he may obtain an order for immediate payment, under a penalty, against the owners, of £5.2 In ordinary cases, a justice of peace, on complaint, and proof by perusal of the agreement and examination of witnesses, after having cited the master, or some owner, may direct immediate payment; and, on failure to comply within two days, the amount is levied by distress and sale against the party, or by execution on the vessel and her apparel.3

These statutory regulations do not deprive the seaman of his ordinary legal remedies; but it is specially provided that no action for a sum not exceeding £20 is to proceed in any of the superior courts of law, unless the owners be bankrupt, or the ship be under arrest, or neither the owner nor master resides at the place where the service has terminated, or the magistrate refers the question to a higher court. The mariner's right at ordinary law to receive wages depends to a certain extent on the successful termination of the voyage. It is said to be a general rule that no wages are due where no freight is earned by the vessel, or that "freight is the mother of wages;" but the rule depends on the circumstances which have prevented freight from being earned. Where these have arisen from the acts or negligence of the owners or master, or of persons with whom they have contracted for a cargo, the wages are not lost. Capture defeats the right of the seamen, which revives on recapture. Entire loss by shipwreck defeats the claim; but if any part of the cargo is saved, and freight earned by it, the seaman will have a claim for a proportional part of his wages; and it has been held in England, that seamen are entitled to wages from the proceeds of any parts of the vessel which their

17 & 8 Vict. c. 112, § 11.-2 Ibid. 14.-3 Ibid. § 15.-4 Ibid. § 5.- Ibid.

exertions are the means of preserving. Wages are not suspended during embargo or hostile detention.I

Master. The master, being one of the parties on whom is thrown the direction and responsibility of the contracts for the use of the ship, his position is considered in another place (p. 278). With regard to his wages, he is in the general case in the position of an ordinary agent or overseer, but by the act he is entitled to all the rights and remedies to which the ordinary mariners are entitled, if the owners become bankrupt or insolvent.2

Apprentices. Every merchant ship of the burden of 80 tons and upwards must have a certain number of apprentices. Their smallest proportional number is thus regulated: for 80 and under 200 tons, one; for 200 and under 400, two; for 400 and under 500, three; for 500 and under 700, four. Where the tonnage is 700 and upwards, there must be five. The apprentices must be British subjects, and at the period of their entry between twelve and seventeen years of age. A master neglecting the rules as to the apprentices forfeits £10 for each.3 The justices of peace in the vicinity of any port have authority to adjudicate in claims and complaints by apprentices. When an apprentice has a complaint to make, the master must send him on shore with a trusty person, and in default becomes liable to a penalty of £10. There are special regulations for the apprenticeship of pauper children, which, from their phraseology, do not appear to apply to Scotland.5

The merchant seamen's act has provisions for the registration of seamen, rules for the provisioning of the vessel, and medical attendance, &c.; together with certain specific regulations for the conduct and authority of the master, which properly belong to the subject of Marine Police.

SECT. 7.—Statutory Remedies in Disputes between Employers and Employed.

By the act for increasing the powers of justices in questions between master and servant, any justice may, on oath of a master or steward, apprehend a manufacturing apprentice, hear the complaint, and award punishment by forfeiture of wages, or imprisonment not exceeding three months." The act does not (it would appear) apply to apprentices

1

4

Holt, 266-294, Abbot, 638-644. B. C. I. 513, 518.-27 & 8 Vict. c. 112, § 16.- Ibid. § 37.- Ibid. § 43.5 Ibid. § 32, et seq.- 4 Geo. IV c. 34, § 1. 6 Geo. III. c. 25, § 1.

paying more than £25 as apprentice fee. It has, by a subsequent act, been declared to extend to cases where no apprentice fee is paid. The justice may settle any disputes as to apprentices' wages not exceeding £10.3 In the case of any Farm-servant, Artificer, Calico-printer, Handicraftsman, Miner, Collier, Keelman, Pitman, Glassman, Potter, or other labourer, refusing, if hired by signed written contract, to commence, or (whether there be writing or not) deserting his service, or committing any misconduct, the hirer or his steward may complain on oath to a justice, who, on investigation, may abate the workman's wages, or imprison him for a period not exceeding three months, or discharge him.+ To facilitate the recovery of the wages of such workmen in case of the non-residence of their employers, justices, on their complaint, may summon the steward or foreman, award the wages (provided they do not exceed £10), and on nonpayment within twenty-one days, levy the sum by distress and sale.-N. B. It has to be observed that the act 4th Geo. IV. c. 34, is part of a series of statutes which have been said to be applicable only to England, as they are involved with the operation of the English poor law with reference to parish-apprentices. In several cases, however, it has been taken for granted that the act of 4th Geo. IV. c. 34, applies to Scotland. How far the previous enactments may be put in force here is a matter of doubt.

Truck System.-The act for abolishing the truck system applies to Miners, Quarriers, Saltmakers, Brickmakers, Cutlers, and other workers of Metals, Japanners, Tanners, and Hemp, Woollen, Cotton, and Silk Manufacturers. It renders void all contracts where the engagement is not to pay in the current coin, or where there is a stipulation as to how the wages are to be spent. It is illegal to remunerate the artificer with goods, and such goods cannot be set off against any claim he may make for full wages.' Any employer transgressing is liable to a penalty, viz. for the first offence not less than £5 or more than £10, for the second not less than £10 or more than £20, and for the third not exceeding £100. A first or second offence may be tried before any two justices, a third comes properly within the jurisdiction of the Sheriff or the Court of Justiciary.12

10

14 Geo. IV. c. 29, § 1.- 5 & 6 Vict. c. 7.-3 4 Geo. IV. c. 34, § 2.4 Ibid. § 3. Ibid. § 4.-6 Tait's J. P. 4.-7 Frame & Co. v. Campbell, 9th June 1836. White, 21st November 1836, 1 Sw. 344.- 1 & 2 Wm. IV. c. 37, § 19.-9 Ibid. §§ 1, 2.-10 Ibid. §§ 3, 4, 5.- Ibid. § 9.-19 Ibid.

M

Arbitration.-Disputes between a master and workman may be referred by any writing under their hands to the final and summary determination of any justice of the peace or magistrate, within whose jurisdiction the party complained against resides. The disputes which may be so referred are, 1st, Disputes as to the price of work, whether arising as to payment of wages, hours of work, injury done to the work, delay in finishing it, or bad materials; 2d, Where workmen are employed at any new pattern which may require them to purchase any new implements, or alter their old ones, and the parties cannot agree as to compensation; 3d, Disputes as to the dimensions and quality of goods, or, in case of cotton manufacture, the yarn thereof, or the quantity and quality of the wool thereof;" 4th, Disputes regarding the remuneration for pieces of goods of any extraordinary length; 5th, Disputes in the cotton manufacture as to the manufacture of cravats, shawls, policat, romal, and other handkerchiefs, and the number to be contained in a piece; and, 6th, Disputes arising from the particular trade or manufacture, or relative contracts, which cannot be otherwise settled. Complaints as to bad materials may be made within three weeks, all others must be made within two. If the parties do not agree so to refer the dispute, either of them may complain that the other refuses to settle it; the justice may then summon the party, and, on his not appearing, or not removing the cause of complaint, the justice may be enjoined to nominate referees, consisting of not fewer than four or more than six persons, one-half master manufacturers, or agents, or foremen, and the other half workmen,--the master choosing one from the former, and the workman one from the latter half. If the arbiters cannot decide within three days, they are to refer the matter back to the magistrate, whose decision is final. The acts provide for the enforcement of any other method of arbitration which parties may agree to adopt. It is part of this system that if the workman require it, the manufacturer is bound to deliver to him, with the raw materials, a note" or "ticket" of work. In the general case, it may be in such form as the parties may agree on; but a particular statutory form is prescribed for the silk manufacture, and it is provided that the ticket when in that form is evidence between the parties of the matters set forth in it.2

15 Geo. IV. c. 96. 7 Wm. IV, and 1 Vict. c. 67. 8 & 9 Vict. c. 128.28 & 9 Vict. c. 128.