twelve months such weekly payment not to exceed five dollars: Provided that in case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the sealer's average weekly earnings before the injury, and the average weekly amount which he is earning or able to earn in some suitable employment or business after the injury. When any weekly payment has continued for not less than six months the liability therefor may, on the application of the owner of the ship, be redeemed by the payment of a lump sum, to be settled, in default of agreement, by the Supreme Court or a Judge thereof, and such lump sum may be ordered to be invested or otherwise applied in manner similar to that provided in respect of sums payable under the Workmen's Compensation Act: Provided that said weekly payments and lump sum together shall not exceed one thousand dollars.

(4) Any sealer suffering injury as aforesaid, and where death results from the injury, his dependents may proceed in the Supreme Court either by a personal action against the owner of the ship or by an action in rem against the ship on the Admiralty side of the Court, for the recovery of compensation as aforesaid, and shall have a lien therefor upon the ship and her cargo in like manner and with the same priority as in the case of claims for seamen's wages. All compensation recovered under this Chapter by dependents of an injured sealer shall be invested and distributed in manner similar to that provided with respect to sums payable under the Workmen's Compensation Act. The costs of all proceedings for the recovery of compensation under this Chapter shall be in the discretion of the Court or Judge.

(5) No claim for compensation shall arise under this Chapter in any case in which the injury is attributable to the serious and wilful misconduct of the sealer himself, or in which the injury was suffered while he was absent from his ship on private business or for pleasure, and not in the course of his employment as a sealer.

(6) Where a sealer has given notice under section 40 of this Chapter he shall, if so required by the owner of the ship, submit himself for examination by a duly qualified medical practitioner provided and paid by such owner, and if he re

fuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceedings under this Chapter in relation to compensation, shall be suspended until such examination has taken place.

(7) Any sealer receiving weekly payments under this Chapter shall, if so required by the owner of the ship, from time to time. submit himself for examination by a duly qualified medical practitioner, provided and paid by such owner. If the sealer refuses to submit himself to such examination, or in any way obstructs the same, his right to such weekly payment shall be suspended until such examination has taken place.

40. Proceedings for the recovery of compensation for injury shall not be maintainable unless notice of the injury has been given as soon as practicable after the happening thereof, and before the sealer has left the ship after the conclusion of the voyage, and unless the claim for compensation with respect to such injury has been made within six months from the date of the occurrence of the injury or, in case of death, within six months of the time of death and within two years from the date of the injury; provided always that

(1) The want of notice or any defect in or inaccuracy in such notice shall not be a bar to the maintaining of such proceedings if it is found in the proceedings for the settlement of the claim that the ship is not, or would not, if an amended notice were then given and the hearing postponed, be prejudiced in its defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from the Colony or other reasonable cause; and

(2) The failure to make a claim within the period above specified shall not be a bar to the maintenance of such proceedings if it is found that the failure was occasioned by mistake, absence from the Colony or other reasonable cause.

41. If the Governor in Council, after taking steps to ascertain the views of the owner and crew of the ship, is satisfied that any scheme of compensation, benefit or insurance for the sealing crew of any ship, whether or not such scheme includes other ships and their crews, provides compensation not less favourable to the sealers and their dependents

than the compensation provided in section 39 of this Chapter, and that when the scheme provides for contribution by the sealers, it confers benefits at least equivalent to those contributions, in addition to the benefits to which sealers would have been entitled under this Chapter, and that a majority of the sealers to whom the scheme is applicable are in favour of such a scheme, the owner of the ship may contract with any af the sealers employed by him that the provisions of such scheme shall be substituted for the provisions of this Chapter, and thereupon the ship and its owner, except as hereinafter provided, shall be liable only in accordance with such scheme; but, save as aforesaid, this Chapter shall apply notwithstanding any contract to the contrary made after the commencement of this Chapter.

42. In every case in which a sealer shall die while on the articles of his ship, it shall be the duty of the owner of such ship, at his own cost, to cause the body of such sealer to be decently coffined and conveyed to such sealer's home.

43. It shall be the duty of the second-hand and master-watches of each ship to sell to the highest bidder the crew's share of the seals brought in by such ship: Provided that if such second-hand or master-watches fail to perform the duty hereby imposed upon them a majority of the said crew may appoint an agent to perform such duty in their stead. Any agreement made under this section by such second-hand, master-watches or agent, shall be in writing, and shall for all purposes be absolutely final and binding between the parties after the ship has begun discharging her seals.

44. No person shall be liable to any penalty or forfeiture provided by this Chapter unless some prosecution, action, or suit in respect of the offence committed shall be commenced against such person within the space of six months after the commission of such offence. All penalties by this Chapter provided may be recovered in a summary manner before a Stipendiary Magistrate or a Justice.

45. Any person against whom a penalty exceeding fifty dollars has been awarded or whose certificate has been suspended under any of the provisions of this Chapter may appeal to the Supreme Court in St. John's or on Circuit, by giving notice of such appeal within one week of his conviction, and entering into sufficient security to the satisfaction of a Stipendiary Magistrate or a Justice to prosecute such appeal without de

46. Except as hereinbefore otherwise provided one-fourth of all penalties recovered under this Chapter shall be payable to the person suing for the same and the other three-fourths thereof to the Marine Disasters Fund.

47. This Chapter may be cited for all purposes as "The Seal Fishery Act."

1. The word "sealer" in this Chapter shall mean any person who shall sign, and enter into service on a sealing voyage under the agreement required by Chapter 130, section 1 of these Consolidated Statutes, entitled "Of Masters and Servants."

2. The word "supplies" in this Chapter shall mean any goods or cash advanced to any sealer to be paid for out of his share of the proceeds of any sealing voyage. The word "supplier" shall mean any person who shall advance any goods or cash to any sealer to be paid for as aforesaid.

3. No sealer shall be liable or compellable to pay for supplies to any greater amount than his share of the proceeds of the voyage, on account of which such supplies are advanced, any contract to the contrary notwithstanding.

4. All actions taken by any supplier to recover any amount due by a sealer for supplies, shall be brought within six months next after the advance of such supplies and not after.

5. The share or wages of any sealer shall not be liable to attachment under mesne or final process, save and except for supplies under this Chapter.