Pt. II. 201-203.

Weights and

measures on

201.-(1.) The master of a ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served out, and shall allow the same to be used at the time of serving out the provisions and [1854, s. 225.] articles in the presence of a witness whenever any dispute arises about the quantities.

board.

Inspection of medicines, medical stores, and anti-scorbu

tics.

(2.) If the master of a ship fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding ten pounds.

202.-(1.) It shall be the duty of the medical inspector of ships for the port appointed under this Part of this Act to inspect the medicines, medical stores, and anti-scorbutics with which a ship is required by this Part of this Act to be provided.

(2.) For the purpose of that inspection a medical inspector of [1854, s. 226.] ships shall have all the powers of a Board of Trade inspector under this Act (a), and shall act, if appointed by a local marine board, under the direction of that board (except in special cases in which the Board of Trade require an inspection to be made), and, if appointed by the Board of Trade, under the direction of the Board of Trade.

Medical

inspection of

seamen.

[30 & 31 Vict.

c. 124, s. 10.]

(3.) The medical inspector of ships shall make his inspection three clear days at least before the ship proceeds to sea, if reasonable notice in writing for the purpose is given to him by the master, owner, or consignee, and, where the result of the inspection is satisfactory, shall not make another inspection before the ship proceeds to sea, unless he has reason to suspect that any of the articles inspected have been subsequently removed, injured, or destroyed.

(4.) If the medical inspector of ships is of opinion that the articles inspected are deficient in quantity or quality, or are placed in improper vessels, he shall give notice in writing to the chief officer of customs of the port where the ship is lying, and also to the master, owner, or consignee thereof, and the master of the ship before proceeding to sea shall produce to the chief officer of customs a certificate under the hand of the same or some other medical inspector of ships, that the default found by the inspector has been remedied, and if that certificate is not so produced, the ship shall be detained (b) until the certificate is produced, and if the ship proceeds to sea, the owner, master, or consignee of the ship shall, for each offence, be liable to a fine not exceeding twenty pounds.

(a) See ss. 729, 730, as to powers, &c. of inspectors.

(b) For provisions as to enforcing detention, see s. 692.

203.-(1.) A medical inspector of seamen appointed under this Part of this Act shall, on application by the owner or master of any ship, examine any seaman applying for employ

ment in that ship, and give to the superintendent a report under his hand stating whether the seaman is in a fit state for duty at sea, and a copy of the report shall be given to the master or owner (a).

(2.) The applicant for that medical examination shall pay to the superintendent such fees (b) as the Board of Trade direct, and those fees shall be paid into the Mercantile Marine Fund (c). (a) Forms of application and of report are issued by the Board of Trade. (b) The fee has been fixed at two shillings.

(c) See s. 676, sub-ss. (1) (1) and (2), and notes thereto as to payments into that Fund.

Pt. II.

204–206.

204.-(1.) The local marine board (a) at a port may, upon Appointment being required by the Board of Trade to do so, appoint and of medical inspectors. remove a medical inspector of ships for the port, and subject to the control of the Board of Trade may fix his remuneration, and 30 & 31 Vict.' [1854, s. 226; at any port where there is no local marine board, the Board of c. 124, s. 10.] Trade may appoint and remove a medical inspector of ships and may fix his remuneration.

(2.) The local marine board, and at a port where there is no such local marine board the Board of Trade, may appoint and remove a medical inspector of seamen, and that inspector shall be paid out of the Mercantile Marine Fund such remuneration as the Board of Trade direct.

(a) See ss. 244, 245, as to local marine boards.

of medical

regulations

205. The governor of a British possession shall have the Appointment power in that possession(a.) of appointing medical inspectors of seamen, of charging inspector, and fees for medical examinations by those inspectors, and as to supply of determining the remuneration to be paid to those of antiinspectors; and, (b.) subject to the laws of that possession, to make regulations [30 & 31 Viet. concerning the supply in that possession of anti-scor- c. 124, ss. 6, butics for the use of ships, and anti-scorbutics duly 10.] supplied in accordance with those regulations shall be deemed to be fit and proper for the use of ships.

scorbutics in colonies.

for crew of

206.-(1.) In the case of ships trading or going from any Inspection of port of the United Kingdom through the Suez Canal, or round provisions the Cape of Good Hope or Cape Horn, the barrels of beef and and water pork, the preserved meat and vegetables in tins, and the casks certain ships. of flour or biscuits, intended for the use of the crew of any such [55 & 56 Vict. ship shall be inspected by such officer (a) and in such manner as c. 37, ss. 3 rules under this section direct, but before shipment whenever -6.] practicable, and, if in the opinion of the inspecting officer they are fit for that use, that officer shall certify the same accordingly in manner directed by such rules.

(2.) The inspecting officer may at any time proceed on board any such ship to ascertain whether the stores and water provided

Pt. II. 207.

Expenses of medical attendance in case of illness.

[1854, s. 228; 30 & 31 Vict. c. 124, s. 7.]

have been duly inspected, or, if not, whether they are of a quality fit for the use of the crew of the ship, and if he finds the same not to have been inspected, and to be deficient in quality, the ship shall be detained (b) until the defects are remedied to his satisfaction.

(3.) No fee for an inspection under this section shall be levied on the ship.

(4.) The Board of Trade may make rules for carrying into effect this section, but all such rules shall be laid before Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next meeting of Parliament, and shall not come into operation until they have lain for forty days before both Houses of Parliament during the session of Parliament (c).

(5.) The Board of Trade may appoint officers for the purposes of any inspection under this section (d), and may, with the concurrence of the Treasury, assign them remuneration to be paid out of moneys provided by Parliament.

(a) An inspecting officer may inspect any provisions or water intended for the use of the crew of any British ship, not provided by the crew themselves, which is going from any port of the United Kingdom and for which an agreement is required by this Act. See M. S. A. 1906, s. 26. As to inspection on complaint by crew, see ante, s. 198.

(b) For provisions as to enforcing detention, see s. 692.

(c) For the Rules now (1st June, 1907) in force, dated 11th March, 1893, see Appendix, p. 583; and as to saving thereof, see s. 745.

(d) The appointment is now in effect for the purposes also of M. S. A. 1906, s. 26, q. v.

207.-(1.) If the master of, or a seaman or apprentice belonging to, a ship receives any hurt or injury in the service of the ship, the expense of providing the necessary surgical and medical advice and attendance and medicine, and also the expenses of the maintenance of the master, seaman, or apprentice until he is cured, or dies, or is brought back, if shipped in the United Kingdom, to a port of the United Kingdom, or if shipped in a British possession to a port of that possession, and of his conveyance to the port, and in case of death the expense (if any) of his burial, shall be defrayed by the owner of the ship, without any deduction on that account from his wages.

(2.) If the master or a seaman or apprentice is on account of any illness temporarily removed from his ship for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expense of the removal and of providing the necessary advice and attendance and medicine and of his maintenance while away from the ship shall be defrayed in like manner.

(3.) The expense of all medicines, surgical and medical advice, and attendance, given to a master, seaman, or apprentice whilst on board his ship shall be defrayed in like manner.

(4.) If a seaman or apprentice is ill and has, through the neglect of the master or owner of the ship, not been provided with proper provisions and water according to his agreement, or with such medicines, medical stores, anti-scorbutics, or accommodation, as are required by this Act, then the owner or master, unless it can be proved that the illness has been produced by other causes shall be liable to pay all expenses (not exceeding on the whole three months' wages) properly and necessarily incurred by reason of the illness either by the seaman himself or by the Crown or any parochial or local authority on his behalf, and those expenses may be recovered as if they were wages duly earned, but this provision shall not affect any further liability of the master or owner for the neglect, or any other remedies possessed by the seaman or apprentice.

(5.) In all other cases any reasonable expenses duly incurred by the owner for any seaman in respect of illness, and also any reasonable expenses duly incurred by the owner in respect of the burial of any seaman or apprentice who dies whilst on service, shall, if duly proved, be deducted from the wages of the seaman or apprentice.

Sect. 207 is repealed by the M. S. A. 1906, s. 85, Sched. II., and the subject of the repealed section is now dealt with by the following s. 34 of the M. S. A. 1906.

34.-(1.) If the master of, or a seaman belonging to, a ship receives any hurt or injury in the service of the ship, or suffers from any illness (not being venereal disease, or an illness due to his own wilful act or default or to his own misbehaviour), the expense of providing the necessary surgical and medical advice and attendance and medicine, and also the expenses of the maintenance of the master or seaman until he is cured, or dies, or is returned to a proper return port, and of his conveyance to the port, and in the case of death the expense (if any) of his burial, shall be defrayed by the owner of the ship, without any deduction on that account from his wages.

(2.) If the master or a seaman is on account of any illness temporarily removed from his ship for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expense of the removal and of providing the necessary advice and attendance and medicine, and of his maintenance while away from the ship shall be defrayed in like manner.

(3.) The expense of all medicines, surgical and medical advice, and attendance, given to a master or seaman whilst on board his ship shall be defrayed in like manner.

(4.) In all other cases any reasonable expenses duly incurred by the owner for any seaman in respect of illness, and also any reasonable expenses duly incurred by the owner in respect of the burial of any seaman who dies whilst on service, shall, if duly proved, be deducted from the wages of the seaman.

For notes on this section, see post, p. 489.

Pt. II. 207.

Pt. II.

208-209.

Recovery of

expenses

from owner.

208.-(1.) If any of the expenses attendant on the illness, hurt, or injury of a seaman or apprentice, which are to be paid under this Act by the master or owner, are paid by any British consular officer or other person on behalf of the Crown, or if any [1854, s. 229.] other expenses in respect of the illness, hurt, or injury of any seaman or apprentice whose wages are not accounted for under this Act to that officer, are so paid, those expenses shall be repaid to the officer or other person by the master of the ship.

Certain ships to carry

(2.) If the expenses are not so repaid, the amount thereof shall with costs be a charge upon the ship, and be recoverable from the master or from the owner of the ship for the time being, as a debt to the Crown, either by ordinary process of law or in the same court and manner as wages due to seamen.

(3.) In any proceeding for such recovery, a certificate of the facts, signed by the said officer or other person, together with such vouchers (if any) as the case requires, shall be sufficient proof that the said expenses were duly paid by that officer or other person.

Sect. 208 was repealed by the M. S. A. 1906, s. 85, Sched. II., and the subject of the repealed section is now dealt with by the following s. 35 of M. S. A. 1906.

35.-(1.) If any of the expenses attendant on the illness, hurt, or injury of a seaman, which are to be paid under the Merchant Shipping Acts by the master or owner, are paid by any authority on behalf of the Crown, or if any other expenses in respect of the illness, hurt, or injury of any seaman whose wages are not accounted for under the Merchant Shipping Acts to that authority, are so paid, those expenses shall be repaid to the authority by the master or owner of the ship.

(2.) If the expenses are not so repaid, the amount thereof shall with costs be a charge upon the ship, and be recoverable from the master or from the owner of the ship for the time being, or where the ship has been lost from the person who was the owner of the ship at the time of the loss, or where the ship has been transferred to some person not being a British subject, either from the owner for the time being or from the person who was the owner of the ship at the time of the transfer, as a debt to the Crown, either by ordinary process of law or in the court and in the manner in which wages may be recovered by seamen.

(3.) In any proceeding for such recovery, a certificate of the facts, signed by the said authority, together with such vouchers (if any) as the case requires, shall be sufficient proof that the said expenses were duly paid by that authority.

For notes on this section, see post, p. 490.

209.—(1.) Every foreign-going ship (a), having one hundred persons or upwards on board, shall carry on board as part of her medical prac- complement some duly qualified medical practitioner, and if she does not the owner shall for every voyage of the ship made [1854, 8. 230.] without a duly qualified medical practitioner be liable to a fine not exceeding one hundred pounds.

titioners.