15. And be it further enacted by the authority aforesaid, That in all cases where disputes shall arise concerning the wages of any such seaman or fisherman, the hirer or employer shall be obliged to produce the contract or agreement in writing, herein-before directed to be entered into with every such seaman or fisherman.
All fish and oil liable to the payment of wages.
16. And be it further enacted by the authority aforesaid, That all the fish and oil which shall be taken and made by the person or persons who shall hire or employ such seaman or fisherman shall be subject and liable, in the first place, to the payment of the wages of every such seaman or fisherman.
Penalty on seamen or fishermen absenting themselves from their employers without leave.
17. And be it further enacted by the authority aforesaid, That in case any such seaman or fisherman shall at any time wilfully absent himself from his duty or employ, without the leave and consent of his hirer or employer, or shall wilfully neglect or refuse to work according to the true intent and meaning of such contract or agreement, he shall, for every day he shall so absent himself, or neglect or refuse to work as aforesaid, forfeit two days pay to such hirer or employer; and if any such seaman or fisherman shall wilfully absent himself from his said duty or employ for the space of five days, without such leave as aforesaid, he shall be deemed a deserter, and shall forfeit to such hirer or employer all such wages as shall at the time of such desertion be due to him, (except so much as is herein-before directed to be reserved and retained for the purpose of paying his passage home); and it shall and may be lawful to and for the governor of Newfoundland, or his surrogates, or the commissary of the vice admiralty court for the time being, or for any justice of the peace in Newfoundland, to issue his or their warrant or warrants to apprehend every such deserter, and on the oath of one or more credible witness or witnesses to commit him to prison, there to remain until the next court of session which shall be holden in pursuance of the commission of the said governor for the time being; and if found guilty of the said offence at such session, it shall and may be lawful to and for the said court of session, to order such deserter to be publickly whipped as a vagrant, and afterwards to be put on board a passage ship, in order to his being conveyed back to the country whereto he belongs.
Disputes, and all offences, to be determined by the court of session, etc. at Newfoundland.
18. And be it further enacted by the authority aforesaid, That all disputes which shall arise concerning the wages of every or any such seaman or fisherman, and all offences which shall be committed by every hirer or employer of such seaman or fisherman, against this act, shall and may be enquired into, heard, and determined, and the penalties and forfeitures thereby incurred shall and may be recovered in the court of session herein-before mentioned, or in the court of vice admiralty having jurisdiction in the said island of Newfoundland.
Act 6 Anne, respecting sailors employed in trading ships, etc. in America not liable to be impressed, repealed.
19. And whereas by an act of parliament, passed in the sixth year of the reign of her late Majesty Queen Anne, intituled, An act for the encouragement of the trade to America, it is amongst other things enacted, That no mariner or other person who shall serve on board, or be retained to serve on board any privateer, or trading ship or vessel, that shall be employed in any part of America, nor any mariner or other person being on shore in any part thereof, shall be liable to be impressed or taken away by any officer or officers of or belonging to any of her Majesty’s ships of war, impowered by the lord high admiral, or any other person whatsoever, unless such mariner shall have before deserted from such ship of war: and whereas the said privilege or exemption so given by the said act to mariners serving on board ships or vessels employed in any of the seas or ports of the continent of America, or residing on shore there, is prejudicial to the fisheries carried on by his Majesty’s subjects of Great Britain and Ireland, and others his Majesty’s dominions in Europe, and has proved an encouragement to mariners belonging thereto to desert in time of war, or at the appearance of a war, to the British plantations on the said continent of America; be it therefore enacted by the authority aforesaid, That the said clause, so far as it relates to the exempting of mariners or other persons serving, or retained to serve, in any ship or vessel in the seas or ports of the continent of America, or other persons on shore there, from being impressed, be and the same is hereby repealed.