438 INTERNATIONAL LAWS FOR THE 



more, he can condone the offence by paying the mu- 

 nificent sum of 5^. to the Mercantile Marine Fund. This 

 agreement would prevent an owner from shipping another 

 hand, and charging the cost to the offender, if he has any- 

 thing due to him, as is sometimes the case. It would make 

 men more independent of their agreement than ever to 

 know that the full extent of their liability for causing a 

 fishing vessel and crew to lose a night's work was only $s. 

 The same remarks apply to No. 2, for which the same 

 amount of fine is inflicted, for " not returning on board at the 

 expiration of leave." This is as bad as the ordering by the 

 Act of 1880, that for these offences a man, who, as a rule, 

 has no effects, should be sued for damages. By agreeing to 

 these fines an owner legally contracts himself out of any 

 benefit he might be able to derive from any legislation, 

 which does or may exist purposely to deal with " neglecting 

 to join," &c., and even if a man had effects, the owner could 

 not recover damages, as the agreement would be put for- 

 ward that the offender was to be punished with a fine of 

 5J-. All the other penalties are for minor offences, 

 and may be passed over without comment, except Nos. 6 

 and 9. No. 6 orders a fine of 5^. "for sleeping or gross 

 negligence while on the look-out." The other the same 

 fine for " man on watch failing to exhibit lights at 

 proper time." Let them be weighed. On the one side 

 there is a careless or reckless man threatened with a five- 

 shilling fine ; on the other, the lives of from five to twelve 

 men on one vessel only placed in jeopardy. Surely this 

 is too great a difference to be tolerated ! Then follow 

 some instructions to masters, and after that comes a form of 

 agreement. The first thing that attracts the eye is the old 

 formal space left for pounds and ounces of provisions to 

 be supplied every day in the week. As far as the fishing in- 



