Order in Council AMENDING ORDER IN COUNCIL UNDER THE MERCHANT SHIPPING ACT, 1894 (57 & 58 VICT. C. 60), PRESCRIBING THE FORM OF INDENTURE OF APPRENTICESHIP TO THE SEA FISHING SERVICE.

Publication Date:January 01, 1922
 
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1922No. 780

MERCHANT SHIPPING

ORDER IN COUNCIL AMENDING ORDER IN COUNCIL UNDER THE MERCHANT SHIPPING ACT, 1894 (57 & 58 VICT. C. 60), PRESCRIBING THE FORM OF INDENTURE OF APPRENTICESHIP TO THE SEA FISHING SERVICE.

PRESENT,

The King's Most Excellent Majesty in Council.

Whereas by Section 393 of the Merchant Shipping Act, 1894, it is (amongst other things) enacted that a boy under the age of 16 years shall not be taken to sea for the purpose of serving in any capacity connected with the sea fishing service unless he is bound by an Indenture of Apprenticeship or Agreement made in conformity with Part IV of the said Act:

And whereas by Section 395 of the said Act it is (amongst other things) enacted that Indentures of Apprenticeship to the sea-fishing service and Agreements with boys under the age of 16 years with respect to that service shall be in such form and contain such covenants, provisions, stipulations, endorsements and certificates as are prescribed by Order in Council made on the recommendation of the Board of Trade and that any directions given in the forms so prescribed shall be complied with:

And whereas by an Order in Council made on the recommendation of the Board of Trade dated the 10th day of February, 1915,(a) it was ordered and prescribed that on and after the 10th day of February, 1915, Indentures of Apprenticeship to the sea-fishing service should be in the form set forth in the Schedule thereto and should contain the covenants, provisions, stipulations, endorsements and certificates therein mentioned save and except that any Indentures of Apprenticeship to the sea-fishing service made before the Superintendent at the Port of Grimsby should either be in the said form set forth in the Schedule thereto and contain the said covenants, provisions, stipulations, endorsements and certificates therein mentioned or be in the form set forth in the Schedule to an Order in Council dated the 19th October, 1908,(b) and contain the covenants, provisions, stipulations, endorsements and certificates therein mentioned:

And whereas by an Order in Council made on the recommendation of the Board of Trade dated the 9th day of March, 1921,(c) it was ordered and prescribed that on and after the 9th day of March, 1921, Indentures of Apprenticeship to the sea-fishing service should be in the form set forth in the Schedule thereto and should contain the covenants, provisions, stipulations, endorsements and certificates therein mentioned save and except that any Indenture of Apprenticeship to the sea fishing service made before the Superintendent at the Port of Grimsby should either be in the form set forth in the Schedule thereto and contain the covenants,

(a) S.R. & O. 1915 No. 146 p. 285 above.

(b) S.R. & O. 1908 (No. 881) p. 640.

(c) S.R. & O. 1921 (No. 355) p. 563.

provisions, stipulations, endorsements and certificates therein mentioned or be in the form set forth in the Schedule to the said Order in Council dated the 19th day of October, 1908, and contain the covenants, provisions, stipulations, endorsements and certificates therein mentioned:

And whereas the Board of Trade have recommended that Indentures of Apprenticeship to the sea fishing service shall be either in the form set forth in the Schedule to the said Order in Council dated the 10th day of February, 1915, or in the form set forth in the Schedule hereto:

56 & 57 Vict. c. 66.

And whereas the provisions of Section 1 of the Rules Publication Act, 1893, have been complied with:

Now, therefore, His Majesty in exercise of the power vested in Him by the said recited Act and of all other powers in that behalf on the recommendation of the Board of Trade and by and with the advice of his Privy Council, doth hereby order and prescribe that Indentures of Apprenticeship to the sea fishing service made on and after the 14th day of July, 1922, shall either be in the form set forth in the Schedule hereto and contain the covenants, provisions, stipulations, endorsements and certificates therein mentioned or be in the form set forth in the Schedule to the said Order in Council dated the 10th day of February, 1915, and contain the covenants, provisions, stipulations, endorsements and certificates therein mentioned.

Almeric FitzRoy.

THE SCHEDULE REFERRED TO IN THE FOREGOING ORDER

PORT OF NO.

APPRENTICESHIP INDENTURE

SEA FISHING SERVICE

THIS INDENTURE made the day of 19 Between aged years, a native of in the County of (hereinafter called the Apprentice) of the one part, and of in the County of Owner of not less than Eight Sixty-fourth Shares in the Fishing Boat " " of the Port of (hereinafter called the Master) of the other part. Witnesseth that the Master (which term shall include the Executors Administrators and Assigns of the Master if consistent with the context) and the Apprentice hereby mutually covenant and agree to the terms conditions and stipulations set out in the body and upon the back of this Indenture.

Term.

1. The Apprentice binds himself Apprentice to the Master for the term of Four Years* from the date hereof, or such shorter period as may be agreed between the parties with the consent of the Superintendent and evidenced by his endorsement under the letter "D" on the back of this Indenture, subject to a Probationary period of as hereinafter more particularly mentioned unless the Superintendent is satisfied that the Apprentice has already had a satisfactory trial of Sea Service, and certifies accordingly in the margin hereof.

* NOTE.—This period may be varied at, or at any time after, its commencement by means of the provisions of Endorsement "D."

Duty of Apprentice.

2. During such time the Apprentice will faithfully serve his Master and his duly authorized agents or servants and obey his and their lawful commands and keep his secrets and when requisite give to his Master true accounts of his goods and money which may in any way come into the hands of the Apprentice. The Apprentice will not during the said term do any damage to his Master or his property nor will he consent to any such damage being done by others but will if possible prevent the same and give warning thereof, and will not embezzle waste or otherwise wrongfully deal with the goods of his Master nor frequent Taverns or Alehouses nor absent himself from his Master's service without leave.

Duty of Master.

3.—(a) The Master will during the said term of Apprenticeship use all proper means to teach the Apprentice or to cause him to be taught the business of a Seaman and Fisherman subject to the terms hereof and in particular the following provisions shall have effect, viz.:—

Technical Instruction.

(b) During the period of Service hereunder the Apprentice shall spend ashore for the purpose of advanced Technical Instruction at a local Technical School (if any) a period of two trips per annum in the case of Trawlers fishing distant waters and three trips per annum in the case of Trawlers fishing home waters. During any such appropriate period the Apprentice shall regularly attend such Technical School (if any) for his advanced Technical studies and the Master shall pay to his Parents or Guardians or the Welfare Officer of the Port (hereinafter defined) an extra sum at the rate of 10s. per week for his lodging or maintenance.

Medical Examination.

(c) The Apprentice shall from time to time periodically be medically examined and his eyesight tested by a duly qualified Medical man and/or opthalmic Surgeon to be approved by the Superintendent and he shall also undergo the Board of Trade Vision Test and if found unfit or defective shall subject to the approval of the Superintendent be discharged and this Apprenticeship Indenture shall forwith cease and be determined. The fees and expenses of such medical examination and eyesight testing shall be borne and paid for by the Master.

Outfit, &c.

4.—(a) The Master will during the said Term of Apprenticeship provide the Apprentice when at Sea with sufficient meat drink medicine and...

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