manned or from any other cause, that the life of any person is likely to be endangered thereby, unless he proves that her going to sea or on such voyage in such unseaworthy state was, under the circumstances, reasonable and justifiable; and for the purpose of giving such proof he may give evidence in the same manner as any other witness.

No prosecution under this Article shall be instituted except by or with the consent of the Minister of Marine and Fisheries.'

3

2 ARTICLE 620.

BEEACH OF DUTY BY SEAMEN TO EMPLOYERS.

[Every seaman who has been lawfully engaged, and every apprentice to the sea service, commits an offence and is liable, upon summary conviction therefor, to the consequences stated in the schedule hereto, who

(a.) deserts his ship [i.e. leaves the ship without intention to return and without just cause];

4

5

(b.) neglects or refuses, without reasonable cause, to join his ship, or is absent without leave at any time within twenty-four hours of the ship's sailing from any port, either at the commencement or during the progress of any voyage, or is absent at any time without leave and without sufficient reason from his ship or from his duty, in a manner not amounting to desertion, or not treated as such by the master;

(c.) quits the ship without leave after her arrival at her port of delivery and before she is placed in security;

1 As to penalty for overcrowding steamboats see R. S. C. c. 78, ss. 51, 52.

2 S. D. Art. 396.

3 Any seaman lawfully engaged or bound to any ship registered in any of the Provinces of Quebec, Nova Scotia, New Brunswick, Prince Edward Island or British Columbia, and who has duly signed an agreement as required by this Act, or any apprentice who has executed indentures to the sea service in any of the said Provinces; R. S. C. c. 74, s. 91; 17 & 18 Vict. c. 104, s. 243.

4 [Two Sisters, 2 W. Rob. 125; 24 L. J. (Q.B.) 12.]

5 Or to proceed to sea or on any voyage in his ship.

[(d.) wilfully disobeys any lawful command;

(e.) continues wilfully to disobey lawful commands, or continues wilfully to neglect duty;

(f) assaults any master or mate:

(g.) combines with any other or others of the crew to disobey lawful commands, or to neglect duty, or to impede navigation of the ship or the progress of the voyage;

(h.) wilfully damages the ship, or embezzles or wilfully damages any of her stores or cargo;

1

(i) commits any act of smuggling whereby loss or damage is occasioned to the master or owner.2

2 Provision is made for the punishment of like offences in respect to Government vessels by R. S. C. c. 71, s. 8. And by seamen on inland waters by R. S. C. c. 75, s. 18.

3 The punishments, which are those prescribed in R. S. C. c. 74, s. 91, differ from those prescribed in 17 & 18 Vict. c. 104, s. 243 only in fixing a minimum term of imprisonment. 4" The United Kingdom" in 17 & 18 Vict. c. 104, s. 243; "any of the said Provinces " i.e. (Quebec, Nova Scotia, New Brunswick, Prince Edward Island and British Columbia) in R. S. C. c. 74, s. 91.

1 ARTICLE 621.

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

[Every master of, or seaman or apprentice belonging to, any British 3 ship commits a misdemeanor who by 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. *

5 ARTICLE 622.

BREACH OF DUTY TO OTHER SHIP IN CASE OF A COLLISION.

In every case of collision between two vessels, it is the duty of the master or person in charge of each vessel, if and in so far as he can do so without danger to his own vessel, crew, and passengers (if any), to stay by the other vessel until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers (if any), such assistance as may be practicable, and as may be necessary in order to save them from any danger caused by the collision; and

1 S. D. Art. 397.

2 R. S. C. c. 74, s. 90; 17 & 18 Vict. c. 104, s. 239.

3 Any ship registered in any of the Provinces of Quebec, Nova Scotia, New Brunswick, Prince Edward Island or British Columbia; R. S. C. c. 74, s. 90.

4 For like offences by seamen on inland waters, see R. S. C. c. 75, s. 17; and by pilots in charge of vessels, see R. S. C. c. 80, s. 74.

5 S. D. Art. 398.

R. S. C. c. 79, ss. 10, 11; 36 & 37 Vict. c. 85, s. 16.

also to give the master or person in charge of the other vessel the name of his own vessel, and of her port of registry, or of the port or place to which she belongs, and also the names of the ports and places from which and to which she is bound.

If he fails to do so, and no reasonable cause for such failure is shewn, the collision is, in absence of proof to the contrary, deemed to have been caused by his wrongful act, neglect, or default. Every master or person in charge of a British vessel who fails, without reasonable cause, to render such assistance, or give such information as aforesaid, is guilty of a misdemeanor.]