the permission and against the orders of the master or person in charge of such ship, he shall be liable, (a) if he is unarmed at the time, for every such offence, to Unarmed. imprisonment for a term not exceeding three years, and Penalty. not less than six months; and, (b) if at the time armed with or carrying about his person Armed. any pistol, gun or other firearm, or offensive weapon, for every such offence, to imprisonment for any term not ex- Penalty. ceeding five years and not less than two years. R.S., c. 74, s. 86. offender. 276. The master or person in charge of such ship may take Arrest of any person so offending into custody and deliver him up forth- such with to any constable or peace officer, to be by him taken before any judge of the Superior Court of the province of Quebec, judge of the sessions of the peace, judge of a county court, or any stipendiary magistrate or police magistrate, to be dealt with according to the provisions of this Part. R.S., c. 74, s. 86. near a ship. 277. Every person found loitering near any ship, and not Loitering giving a satisfactory account of his business there, shall, on summary conviction, be liable, (a) if unarmed at the time, to a penalty not exceeding one Unarmed. hundred dollars and not less than fifty dollars, and im- Penalty. prisonment, with hard labour, for a term not exceeding twelve months and not less than three months; (b) if armed at the time with or carrying about his person Armed. any pistol, gun or other fire-arm or offensive weapon, to imprisonment for a term not exceeding three years and not Penalty. less than two years. R.S., c. 74, s. 87. detained 278. Any judge of the Superior Court of the province of Boat may be Quebec, judge of the sessions of the peace, justice of the peace, until penalty stipendiary magistrate or police magistrate, may order any boat is paid. or other water craft in or on which any such person is so found loitering, to be detained until payment of the penalty which such person is condemned to pay. penalty. 2. If such penalty is not paid before the expiration of the Sale of term of imprisonment to which such person has been condemned, boat to pay the boat so detained shall be sold by public auction, and the proceeds of the sale thereof shall be appropriated to the payment of the penalty. R.S., c. 74, s. 88. by lodging. 279. Every person who being on board any ship at any time Solicitations after her arrival from sea at any port in any of the provinces, house solicits any seaman to become a lodger at the house of any keepers. person letting lodgings for hire, or who takes from and out of such ship any chest, bedding or other effects of any seaman without the permission of the master or person in charge of such ship, shall, for every such offence, be liable, on summary conviction, to imprisonment with hard labour for a term not exceeding 1943 Penalty. Master replaced by a successor failing to deliver ship's papers. Penalty. Not keeping a log-book. Penalty. Making, etc.. entries in a exceeding ninety days and not less than sixty days: R.S., c. 74, s. 89. 280. Every master of any Canadian foreign sea-going ship who, during the progress of a voyage is superseded in any of the provinces, or, for any other reason, quits the ship, and is succeeded in the command by some other person, shall, if he fails to deliver to his successor the certificate of registry and the various documents relating to the navigation of the ship and to the crew thereof which are in his custody, incur a penalty not exceeding four hundred dollars. R.S., c. 74, s. 106. 281. The master of any Canadian foreign sea-going ship on which a log-book is not kept in the manner required by this Part, or in which, if kept, any entry in this Part directed to be made in such log-book is not made at the time and in the manner by this Part directed, shall, for each such offence, incur the specific penalty in this Part mentioned in respect thereof, and, where there is no specific penalty, a penalty not exceeding twenty dollars. R.S., c. 74, s. 111. 282. Every person who makes or procures to be made, or log-book assists in making any entry in any log-book in respect of any more than 24 occurrence happening previously to the arrival of the ship at the final port of discharge in any of the provinces more than twenty-four hours after such arrival shall, for each such offence, incur a penalty not exceeding one hundred dollars. R.S.; c. 74, hours after arrival. Penalty. Mutilating log-book. Penalty. Tavern neglecting s. 111. 283. Every person who wilfully destroys or mutilates or renders illegible any entry, or makes any false entry or omission in any such log-book, is guilty of an indictable offence. R.S., c. 74, s. 111. 284. The master or keeper of any tavern or house of public keeper, etc., entertainment, or house of ill-fame or any other house who refuses or neglects to comply, within the time specified therein, with any order in writing of any justice of the peace, made lodgers, etc. under the authority of this Part, commanding him to furnish such justice of the peace with a correct list of every person lodged or harboured in his house, stating his name and surname as far as known to such master or keeper of such tavern or other house of public entertainment or house of ill-fame, how long he has lodged in the said house, and the name of the ship on board whereof he has declared himself to have arrived at the port or place, or, who knowingly delivers a false account of any such person, shall incur a penalty of forty dollars for each such offence. R.S., c. 74, s. 120. Penalty. Obstructing 285. Any person being in or having charge of any tavern, officers try- inn, ale-house, beer-house, seaman's boarding-house or other house or place of entertainment, house of ill-fame, shop or other ing to enter place wherein liquors or refreshments are sold or reputed to be tavern, etc. sold, whether legally or illegally, who refuses, or, after due demand, fails to admit into the same, or offers any obstruction to his admission thereto, any police officer or constable required under the provisions of this Part to give assistance to the master or any mate, or the owner, ship's husband or consignee of any ship in apprehending with or without a warrant any seaman or apprentice duly engaged to serve in such ship and neglecting or refusing to proceed to sea therein, or found otherwise absenting himself therefrom without leave, shall for every such offence, incur a penalty not exceeding fifty dollars and not Penalty. less than ten dollars. R.S., c. 74, s. 124. Discipline. ship or life. 286. Every master of, or any seaman or apprentice belong- Misconduct ing to, any ship registered in any of the provinces, who by endangering wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction or serious damage of such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such ship, or who, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board of such ship from immediate danger to life or limb, is guilty of an indictable offence. R.S., c. 74, s. 90. Penalty. apprentices. 287. Any seaman who has been lawfully engaged or bound Offences by to any ship registered in any of the provinces, under a duly seamen and signed agreement as required by this Part, and any apprentice who has executed indentures to the sea service in any of the provinces, shall be liable, on summary conviction, (a) for desertion, to imprisonment for any term not exceed- Desertion. ing twelve weeks and not less than eight weeks with 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, if such desertion takes place abroad, at the discretion of the court, to forfeit all or any part of the wages or emolu- Penalty. ments he earns in any other ship in which he is employed until his next return to any of the provinces, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated. to be paid to him; (b) for neglecting or refusing, without reasonable cause, to Neglecting or join his ship or to proceed to sea, or on any voyage in his refusing to ship, or for absence without leave at any time within proceed to 1945 join, or to twenty-four sea. twenty-four hours of the ship's sailing from any port either at the commencement or during the progress of any voyage, or for absence at any time without leave and without sufficient reason, from the ship or from his duty not amounting to desertion or not treated as such by the master, to imprisonment for any term not exceeding ten weeks and not less than four weeks, with or without hard labour; and also, in 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; (c) for quitting the ship without leave after her arrival in (d) for wilful disobedience to any lawful command, to im- (g) for combining with any other or others of the crew to (i) for any act of smuggling of which he is convicted and 1946 his his wages retained in satisfaction or on account of such liability, without prejudice to any further remedy. R.S., c. 74, s. 91. log-book. 288. Upon the commission of any of the offences enumer- Entry of ated in the last preceding section, an entry thereof shall be offence in made in the log-book, and shall be signed by the master and also by the mate or one of the crew. read to (if any) 2. The offender, if he is still in the ship, shall, before the Entry to be next subsequent arrival of the ship at any port, or, if she is offender and at the time in port, before her departure therefrom, either be his reply furnished with a copy of such entry or have the same read entered in over distinctly and audibly to him, and may thereupon make log-book. 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, and the reply, if any, made by the offender shall likewise be entered and signed in manner aforesaid. 3. In any legal proceeding, such entries shall, if practicable, Evidence of be produced or proved, and, in default of such production or entries. proof, the court hearing the case may, in its discretion, refuse to receive evidence of the offence. R.S., c. 74, s. 92. others sub discipline. 289. Every seafaring person whom the master of any Seamen and Canadian foreign sea-going ship is, under the authority of any get to penAct of the Parliament of the United Kingdom or of any Act alties for of the Parliament of Canada, compelled to take on board and breach of convey, and every person who goes to sea in any such ship without the consent of the master or owner or other person entitled to give such consent shall, so long as he remains in such ship, be subject to the same laws and regulations for preserving discipline and to the same penalties and punishments for offences constituting or tending to a breach of discipline, to which he would be subject if he was a member of the crew and had signed the agreement. R.S., c. 74, s. 93. apprehend warrant. 290. Whenever, either at the commencement or during the Master or progress of any voyage, any seaman or apprentice neglects or owner may refuses to proceed to sea in any ship registered in any of the deserters provinces in which he is duly engaged to serve, or is found without otherwise absenting himself therefrom without leave, the master or any mate, or the owner, ship's husband or consignee may in any place in any of the provinces, with or without the assistance of the local police officers or constables, who shall give such assistance if required, arrest him without first procuring a warrant; and may thereupon, in any case, and shall, in case such seaman so requires, and it is practicable, convey him. before some court capable of taking cognizance of the matter, to be dealt with according to law; and may for the purpose of conveying him before such court, detain him in custody for a period not exceeding twenty-four hours, or, if he does not so |