A.D. 1878. makes any false claim, or any proof, declaration, or statement of account which is untrue in any material particular.

SECTION 280.

BREACHES OF EMPLOYER'S DUTY TO SEAMEN-LEAVING SEAMEN BEHIND.

Everyone shall be guilty of an indictable offence, and shall upon 5 conviction thereof be liable to imprisonment;

(a.) Who, being the master or other person belonging to any British ship, wrongfully forces on shore and leaves behind, or otherwise wilfully and wrongfully leaves behind, in any place on shore or at sea, in or out of Her Majesty's dominions, any seaman or apprentice 10 belonging to such ship before the completion of the voyage for which such person was engaged, or the return of the ship to the United Kingdom; or,

(b.) Who being the master of a British ship

(i.) Discharges any seaman or apprentice in any place situate in 15
any British possession abroad (except the possession in which he
was shipped) without previously obtaining the sanction in
writing endorsed on the agreement of some public shipping
master, or other officer duly sanctioned by the local govern-
ment in that behalf, or (in the absence of any such functionary) 20
of the chief officer of customs resident at or near the place where
the discharge takes place:

(ii.) Discharges any seaman or apprentice at any place out of Her
Majesty's dominions without previously obtaining the sanction
so endorsed as aforesaid of the British consular officer there or 25
(in his absence) of two respectable merchants resident there:
(iii.) Leaves behind any seaman or apprentice at any place situate
in any British possession abroad, on any ground whatever,
without previously obtaining a certificate in writing so endorsed
as aforesaid from such officer or person as aforesaid, stating 30
the fact and the cause thereof, whether such cause be unfitness
or inability to proceed to sea, or desertion or disappearance:
(iv.) Leaves behind any seaman or apprentice at any place out of
Her Majesty's dominions, on shore or at sea, on any ground
whatever, without previously obtaining the certificate endorsed 35
in manner and to the effect last aforesaid of the British con-
sular officer there, or, in his absence, of two respectable
merchants, if there is any such at or near the place where the
ship then is.

The said functionaries must, and the said merchants may, examine A.D. 1878. into the grounds of such proposed discharge, or into the allegation of such unfitness, inability, desertion, or disappearance as aforesaid in a summary way, and may for that purpose, if they think fit so 5 to do, administer oaths, and may either grant or refuse such sanction or certificate as appears to them to be just.

Upon the trial of any person for any of the offences in this section mentioned, the burden of producing the sanction or certificate above mentioned, or proving that he had obtained the same pre10 viously to having discharged or left behind such seaman or apprentice, or that it was impracticable for him to obtain such sanction or certificate, shall be upon the persons charged.

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SECTION 281.

BREACHES OF SHIPOWNER'S DUTY TO SEAMEN- -SENDING UNSEAWORTHY
SHIPS TO SEA.

Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to imprisonment:

(a.) Who sends or attempts to send or is party to sending or attempting to send a British ship to sea in such unseaworthy state 20 that the life of any person is likely to be thereby endangered, unless he proves that he used all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to sea in such unseaworthy state was under the circumstances reasonable and justifiable;

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(b.). Who being a master of a British ship knowingly takes the same to sea in such unseaworthy state that the life of any person is likely to be thereby endangered, unless he proves that her going to sea in such unseaworthy state was under the circumstances reasonable and justifiable..

Any person accused of any of the offences aforesaid may, for the purpose of giving such proof as is required of him, give evidence in the same manner as any other witness.

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SECTION 282.

BREACH OF DUTY OF SEAMEN TO EACH OTHER OR OTHER PERSONS
ON BOARD.

Every master of, or seaman or apprentice belonging to, any British ship shall be guilty of an indictable offence, and shall be liable upon conviction thereof to imprisonment, who by wilful breach

A.D. 1878. 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 drunk- 5 enness, 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.

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Subject to the provisions of this Act Her Majesty may at any time, by and with the advice of the Lord Chancellor, the Lord Chief Justice of England, and the other judges of the High Court, or of the greater number of them (of whom the Lord Chancellor and the 20 Lord Chief Justice of England shall be two), cause to be prepared rules providing

(a.) For the regulation of proceedings incidental to the trial of cases in the High Court either upon an order made to change the place of trial to the High Court from some other court, or upon a criminal information, or upon the finding of a bill by the grand jury of Middlesex; and it shall be lawful by such rules to abolish trials at bar, and to substitute therefor such other mode of trial as may be thought proper.

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(b.) For the regulation of all matters relating to proceedings before 30 the Court of Appeal in Criminal Cases not hereby provided for,

(c.) Generally for the regulation of any matters relating to the practice and procedure of the superior courts and courts of quarter session in criminal matters, for which provision is not expressly made by this Act.

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SECTION 284.

CIVIL REMEDY NOT TO BE SUSPENDED BY FACT THAT ACT IS A CRIMINAL

OFFENCE.

From the passing of this Act no civil remedy which any person 5 may have against any other person for any act or omission shall be suspended or in any way affected by the fact that such act or omission amounts to a criminal offence; but if upon any civil proceeding it appears to the court that the act or omission for which the action is brought amounts to a criminal offence, the court may give 10 the same directions and take the same measures for the prosecution of the defendant as are herein-after authorised with regard to persons who appear to the court to have committed perjury. The word court has the same meaning in this section as in section 323.

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SECTION 285.

PROCEEDINGS AGAINST PERSONS ACTING UNDER THIS ACT.

The following rules shall be observed as to all actions and prosecutions commenced against any person for anything done in pursuance of this Act.

(a.) The case shall be tried in the county where the thing complained of was done, unless the person proceeded against consents to its being tried elsewhere, and the power herein-after given to the High Court to order the place of trial to be changed shall not extend to any such prosecution.

(b.) The action or prosecution must be commenced within six months after the thing complained of is done.

(c.) Notice in writing of the plaintiff's intention to bring such action, and of the cause thereof, must be given to the defendant at least one month before its commencement.

(d.) The defendant may plead in general that the thing complained of was done in pursuance of this Act, and upon that plea may prove any special matter in his defence.

(e.) The defendant may tender a sum of money to the plaintiff by way of amends before the action is brought, or pay a sum of money 35 into court after it is brought, and if such amends appear upon the trial to be sufficient, the plaintiff shall not be entitled to recover.

(f) If the defendant becomes entitled to recover costs from the plaintiff, he shall recover his full costs as between solicitor and

A.D. 1878.

A.D. 1878. 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 drunk- 5 enness, 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.

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Subject to the provisions of this Act Her Majesty may at any time, by and with the advice of the Lord Chancellor, the Lord Chief Justice of England, and the other judges of the High Court, or of the greater number of them (of whom the Lord Chancellor and the 20 Lord Chief Justice of England shall be two), cause to be prepared rules providing

(a.) For the regulation of proceedings incidental to the trial of cases in the High Court either upon an order made to change the place of trial to the High Court from some other court, or upon a 25 criminal information, or upon the finding of a bill by the grand jury of Middlesex; and it shall be lawful by such rules to abolish trials at bar, and to substitute therefor such other mode of trial as may be thought proper.

(b.) For the regulation of all matters relating to proceedings before 30 the Court of Appeal in Criminal Cases not hereby provided for,

(c.) Generally for the regulation of any matters relating to the practice and procedure of the superior courts and courts of quarter session in criminal matters, for which provision is not expressly made by this Act.

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