All British ships not ing vessels an Official DIRECTIONS. Section 280. I. Masters of all British merchant ships (except ships employed exclusively in trading between ports on the coasts being coast of the United Kingdom), are bound by the Merchant Shipping must carry Act, 1854, section 280, to keep an official log book in the Log Book. form sanctioned by the Board of Trade; and such official log may, at the discretion of the master or owner of any ship, either be kept distinct from the ordinary ship's log, or be united therewith, provided all the blanks in the official log are duly filled up. Importance of keeping perly. The following are the provisions of the Act which relate to official log books: II. The importance of keeping this book properly, and duly the Log pro- making all the entries at the proper time, and with the strictest regard to form, cannot be too strongly impressed on ship masters. By neglecting to do so, they subject themselves to heavy penalties, and their owners to serious loss and inconvenience, and they prevent discipline from being maintained, as no fine or forfeiture can be deducted, and no punishment inflicted for any offence, unless the entries are properly made and attested. Section 281. time. III. Every entry in every official log shall be made as soon made in due as possible after the occurrence to which it relates, and if not made on the same day as the occurrence to which it relates, shall be made and dated so as to show the date of the occurrence and of the entry respecting it; and in no case shall any entry therein in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge be made more than twenty-four hours after such arrival. Section 282. Entries required in IV. Every master of a ship for which an official log book is hereby required shall make or cause to be made therein Official Log entries of the following matters; (that is to say,) Convictions. Offences. 1. Every legal conviction of any member of his crew, and the punishment inflicted: 2. Every offence committed by any member of his crew for which it is intended to prosecute, or to enforce a forfeiture, or to exact a fine, together with such statement concerning the reading over such entry, and concerning the reply (if any) made to the charge, as hereinbefore required: * * For a list of offences against discipline, and their punishments, see paragraph 8. 3. Every offence for which punishment is inflicted on board, Punishand the punishment inflicted: ments. etc., of crew. 4. A statement of the conduct, character, and qualifications Conduct, of each of his crew, or a statement that he declines to give an opinion on such particulars: 5. Every case of illness or injury happening to any member Illnesses and injuries. of the crew, with the nature thereof, and the medical treatment adopted (if any): 6. Every case of death happening on board, and of the Deaths. cause thereof: 7. Every birth happening on board, with the sex of the in- Births. fant, and the names of the parents: 8. Every marriage taking place on board, with the names Marriages. and ages of the parties: 9. The name of every seaman or apprentice who ceases to Quitting ship. be a member of the crew, otherwise than by death, with the place, time, manner, and cause thereof: men entering Navy. 10. The amount of wages due to any seaman who enters Wages of Her Majesty's Service during the voyage: 11. The wages due to any seaman or apprentice who dies Wages of during the voyage, and the gross amount of all deductions to be made therefrom: * deceased seamen. ceased men's 12. The sale of the effects of any seaman or apprentice who Sale of dedies during the voyage, including a statement of each effects. article sold, and of the sum received for it : • 13. Every collision with any other ship, and the circum- Collisions. stances under which the same occurred.+ V. The entries hereby required to be made in official log Section 283. Entries, how books shall be signed as follows; that is to say, every such to be signed. entry shall be signed by the master and by the mate or some other of the crew, and every entry of illness, injury, or death shall be also signed by the surgeon or medical practitioner on board (if any); and every entry of wages due to or of the sale of the effects of any seaman or apprentice who dies, shall be signed by the master and by the mate and some other member of the crew; and every entry of wages due to any seaman who enters Her Majesty's Service shall be signed *The 19th section of the Act imposes a penalty not exceeding treble the value of the money or effects not accounted for, or if such value is not ascertained, not exceeding 50l., for neglecting this entry. + The 328th section of the Act imposes a specific penalty of 201. for neglecting this entry. Section 284. by the master and by the seaman or by the officer authorised to receive the seaman into such service. VI. The following offences in respect of official log books respect of shall be punishable as hereinafter mentioned; (that is to Official Logs. Section 285. ficial Logs to in evidence. say,) 1. If in any case an official log book is not kept in the manner hereby required, or if any entry hereby directed to be made in any such log book is not made at the time and in the manner hereby directed, the master shall for each such offence incur the specific penalty herein mentioned in respect thereof, or where there is no such specific penalty, a penalty not exceeding five pounds: 2. Every person who makes or procures to be made or assists in making any entry in any official log book, in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge, more than twenty-four hours after such arrival, shall for each such offence incur a penalty not exceeding thirty pounds: 3. Every person who wilfully destroys or mutilates or renders illegible any entry in any official log book, or who wilfully makes or procures to be made or assists in making any false or fraudulent entry or omission in any such log book, shall for each such offence be deemed guilty of a misdemeanor. VII. All entries made in any official log book as hereinEntries in of- before directed shall be received in evidence in any proceedbe received ing in any court of justice, subject to all just exceptions. Section 243. VIII. Whenever any seaman who has been lawfully engaged, or any apprentice to the sea service, commits any or apprentices the following offences, he shall be liable to be punished summarily as follows (that is to say): Offences of seamen and and their punish ments. Desertion. 1. For desertion he shall be liable to imprisonment for any period not exceeding twelve weeks, with or with out hard labour, and also to forfeit all or any part of the clothes and effects he leaves on board, and all or any part of the wages or emoluments which he has then earned, and also, if such desertion takes place abroad, at the discretion of the Court, to forfeit all or any part of the wages or emoluments he may earn in any other ship in which he may be employed until his next return to the United Kingdom, and to satisfy any excess of wages paid by the master or owner of sea, absence hours before absence 2. For neglecting or refusing, without reasonable cause, to Neglecting join his ship, or to proceed to sea in his ship, or for to join, or to or refusing absence without leave at any time within twenty-four proceed to hours of the ship's sailing from any port, either at within 24 the commencement or during the progress of any sailing, and voyage, or for absence at any time without leave and without without sufficient reason, from his ship or from his leave. duty not amounting to desertion, or not treated as such by the master, he shall be liable to imprisonment for any period not exceeding ten weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding the amount of two days' pay, and in addition for every twenty-four hours of absence, either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute. without cured. se 3. For quitting the ship without leave after her arrival at Quitting her port of delivery, and before she is placed in se- leave before curity, he shall be liable to forfeit out of his wages a ship is sum not exceeding one month's pay. 4. For wilful disobedience to any lawful command he shall Act of disbe liable to imprisonment for any period not exceeding four weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit out of his wages a sum not exceeding two days' pay. obedience. disobedience. 5. For continued wilful disobedience to lawful commands, Continued or continued wilful neglect of duty, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour, and also, at the discretion of the Court, to forfeit for every twentyfour hours' continuance of such disobedience or neglect either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute. officers. 6. For assaulting any master or mate, he shall be liable to Assault imprisonment for any period not exceeding twelve weeks, with or without hard labour. 7. For combining with any other or others of the crew to Combining disobey lawful commands, or to neglect duty, or to to disobey. on Wilful damage and embezzlement. Act of smug gling caus ing loss to owner. impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour. 8. For wilfully damaging the ship, or embezzling or wilfully damaging any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal in amount to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for any period not exceeding twelve weeks, with or without hard labour. 9. For any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay to such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage; and the whole or a proportionate part of his wages may be retained in satisfaction or on account of such liability, without prejudice to any further remedy. Section 244. IX. Upon the commission of any of the offences enumeEntry of offences to be rated in the last preceding section, an entry thereof shall be made in Off over or a copy given to the of any, to be also entered. cial Log, and made in the official log book, and shall be signed by the to be read master, and also by the mate or one of the crew; and the offender, if still in the ship, shall, before the next subsequent fender, and arrival of the ship at any port, or if she is at the time in port his reply, if before her departure therefrom, either be furnished with a copy of such entry or have the same read over distinctly and audibly to him, and may thereupon make such reply thereto as he thinks fit; and a statement that a copy of the said entry has been so furnished, or that the same has been so read over as aforesaid, and the reply (if any) made by the offender, shall likewise be entered and signed in manner aforesaid; and in any subsequent legal proceeding the entries hereinbefore required shall, if practicable, be produced or proved, and in default of such production or proof the Court hearing the case may, at its discretion, refuse to receive evidence of the offence. Section 256. spect of X. If any seaman commits any act of misconduct for fences in re- which, under the stipulations in his agreement, he has subjected himself to a fine, and if it is intended to enforce such fine, an entry thereof shall be made in the official log book, and a copy of such entry shall be furnished, or the same shall be read over to the offender, and an entry of such stipulations in agree ments must be attested and read over to offender. |
