Merchant Seamen Act 1728
| Jurisdiction | UK Non-devolved |
| Citation | 1728 c. 36 |
| Year | 1728 |
(2 Geo. 2) C A P. XXXVI.
'WHEREAS the Welfare and Riches of this Kingdom greatly depend on the Trade and Navigation thereof, the same being of great Use and Benefit, and tending very much to enrich the Subjects thereof, upon which great Numbers of the Artificers and Manufacturers Livelihoods wholly depend; and whereas, for several Years last past, the Navigation carried on by the Merchants to Parts beyond the Seas, hath been and doth still remain under very great Difficulties and Expences, by the Uncertainty they labour under by Seamen and Mariners, who ship themselves on board Merchant Ships, and after they have so done, neglect their Duty, and will not remain on board their Ships or Vessels to discharge their Duty; and very often when Ships and Vessels come to be cleared out, in order to proceed on their respective Voyages, the Seamen refuse to proceed with them, without coming to new Agreements for increasing their Wages, and many of them will leave their Ships and Vessels and not proceed on their Voyages, which puts the owners of such Ships and Vessels to great Trouble and Charges to get other Sailors or Mariners in their Stead, and often is a Means to overset the Voyages of such Ships and Vessels, to the great Prejudice of the Owners and Freighters of the Goods on board the said Ships and Vessels; and yet such Seamen and Mariners, after they have committed such Offences and Disorders, will bring Actions again the Owners or Masters of the said Ships and Vessels for the Recovery of their Wages, from the Time their shipping themselves unto the Time they quit the said Ships and Vessels: And whereas many the said Seamen and Mariners will neglect their Duty when on board at Sea, and desert their Ships and Vessels in foreign Parts, which puts the said Owners of Ships and Vessels to very great Difficulties and Expences, to get others in their Stead, to bring their Ships and Vessels home; and afterwards such Seamen and Manners insist on recovering their Wages, notwithstanding their voluntary Desertion; all which is a great Discouragement to Trade and Navigation:' Therefore, in order to prevent such Practices for the future, may it please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, Thatfrom and after the twenty-fourth Day ofJune one thousand seven hundred and twenty-nine, it shall not be lawful for any Master or Commander of any Ship or Vessel bound to Parts beyond the Seas, to carry any Seaman or Mariner, except his Apprentice or Apprentices, to Sea, from any Port or Place where he or they were entered or shipt, to proceed on any Voyage to Parts beyond the Seas, without first coming to an Agreement or Contract with such Seamen or Mariners for their Wages, which Agreement or Agreements shall be made in Writing, declaring what Wages each Seaman or Mariner is to have respectively during the whole Voyage, or for so long Time as he or they shall ship themselves for; and also to express in the said Agreement or Contract the Voyage for which such Seaman or Mariner was shipt, to perform the same; and in case any Master or Commander of any Ship or Vessel shall carry out any Seaman or Mariner, except his Apprentice or Apprentices, upon any Voyage to Parts beyond the Seas, without first entring into such Agreement or Contract as aforesaid, and he and they signing the same, such Master or Commander shall forfeit and pay the Sum of five Pounds for every such Seaman or Mariner which he shall carry to Sea, without entring into such Agreement in Writing as aforesaid, to the Use of Hospital, to be recovered upon Information on the Oath of one or more Witness or Witnesses, before any one or more of his Majesty's Justice or Justices of the Peace, who are hereby authorized and required to issue out his or their Warrant or Warrants to bring before him or them such Master or Commander of any such Ship or Vessel; and in case he or they refuse to pay such Penalty or Forfeiture as aforesaid, to grant his or their Warrant or Warrants, to levy the same by Distress and...
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