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MERCHANT SHIPPING ACT 1894 - SECT 390



390.(1) The Board of Trade may fix the fees to be payable upon engagements or
discharges of members of the crews of fishing boats when effected before a
superintendent; and a superintendent may refuse to proceed with any such
engagement or discharge unless the fee payable thereon has first been paid.

(2) All fees so paid shall be carried to the credit of the Mercantile Marine
Fund.]

S.391 rep. by 1970 c.36 s.100 sch.5

(2) If a boat goes to sea contrary to this section, the owner thereof shall
for each offence be liable [on conviction on indictment to a fine and on
summary conviction to a fine not exceeding #1,000].(a)having been engaged to
serve as skipper or second hand of a fishing boat, being a trawler of
twenty-five tons tonnage and upwards, serves as skipper or second hand of that
boat without being duly certificated; or

(b)employs any person as skipper or second hand of such a boat without
ascertaining that he is duly certificated;

(4) A skipper or second hand shall not be deemed duly certificated for the
purpose of this section unless he holds a certificate under this Part of
this Act appropriate to his station in the boat or to a higher station.

(5) Where the skipper of such a boat is absent from his boat a superintendent
may, on the request of the owner of the boat, and on being satisfied that the
absence is due to an unavoidable cause, authorise the second hand of the boat
to act, for a period not exceeding one month, as the skipper of the boat
during the skipper's absence, and the second hand when acting under that
authority shall for the purposes of this section be deemed to be a duly
certificated skipper.][


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© 1894 Crown Copyright

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