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Pt. II.

(2.) Nothing in this section shall apply to an emigrant ship 210. within the meaning of the Third Part of this Act (b).

(«) For definition of "foreign-going thip," gee s. 742.

(A) See s. 268, definition of "emigrant ship"; s. 303 as to medical practitioners.

By 8. 303, sub-s. (4), where a medical practitioner is carried on board an emigrant ship, he is to be "rated on the ship's articles." Though there is no similar provision in the case of other ships, it would seem that a medical practitioner carried under B. 209 as part of a chip's complement is a "teaman" within the definition of s. 742, and must, therefore, under s. 113, sign the agreement with the crew.

210. — (1.) Every place in any British ship occupied by Accommodaseamen or apprentices (a), and appropriated to their use, shall have tI0U for for each of those seamen or apprentices a space of not less than ,-„. & ' „. seventy-two cubic feet (b) and of not less than twelve superficial 0. 124,8. 9; feet measured on the deck or floor of that place, and shall he 36 & 37 Vict, subject to the regulations in the Sixth Schedule to this Act (r), °- 85>8- 30-l and those regulations shall have effect as part of this section, and if any of the foregoing requirements of this section is not complied with in the case of any ship, the owner of the ship shall for each offence be liable to a fine not exceeding twenty pounds.

(2.) Every place so occupied and appropriated shall be kept free from goods and stores of any kind not being the personal property of the crew in use during the voyage, and if any such place is not so kept free, the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of one shilling for each day during which, after complaint has been made to him by any two or more of the seamen so lodged, it is not so kept free.

(3.) Such fees as the Board of Trade fix shall be paid in respect of an inspection for the purposes of this section, not exceeding the fees specified in the Sixth Schedule to this Act.

(») Seamen and apprentices here includes lascars serving on a British ship trading between this country and India or Australia; aud the Merchant Seaman I India) Act, No. 13 of 1876, does not apply. Pminmlar and Oriental Steam Navigation Co. v. The King, 70 L. J. K. B. 845; [1901] 2 K. B. 680.

(A) This sub-section is now amended (except as to lascars) by the if. S. A. 190G, s. 64 (7. r.), which provides that vessels registered after tho passing of the M. S. A. 1906, and not building on 1st January, 1907, and not being fishing boats or of not more than 300 tons burden, must provide for seamen aud apprentices (not being lascars) a space of not less than 120 cubiu feet and of not loss than 15 superficial feet measured on the deck or floor.

As to inclusion of mess and bath rooms and washing spaces, see ibid, sub-s. (2\ From this exception of lascars and the decision in I'. $■ O. S. N. Co. v. The King, supra, it appears that the accommodation for lascars in ships built after the passing of M. S. A. 1906, will be that specified in s. 210 without amendment.

(<•) Spaces certified under the regulations of the Sixth Schedule are deducted from the register tonnage of a ship (see s. 79, sub-s. (I) (a) (i)), and are included in the tonnage of a steamship for the purposes of limitation of liability (see the proviso to sub-s. (2) (a) of 8. 503, and M. S. A. 1906, B. 69).

Pt. II. 211—214.

FaciiiticsTor Facilities for Making Complaint.

making com- m .

plaint. 211.—(1.) If a seaman or apprentice ■whilst on board ship

[1854, a. 232.] states to the master of the ship his desire to make a complaint to a justice of the peace, British consular officer, or officer in command of one of Her Majesty's ships, against the master or any of the crew, the master shall, so soon as the service of the ship will permit,—

(a.) if the ship is then at a place where there is such a justice or officer as aforesaid, after such statement; and

(b.) if the ship is not then at such a place, after her first arrival at such a place

allow the complainant to go ashore or send him ashore in proper custody, or, in the case of complaint to a naval officer, to the ship of such officer, so that he may be enabled to make his complaint.

(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.

Protection of Seamen from Imposition.

See also B. 139, for rule as to payment of British seamen in foreign money; s. 140, sub-s. (2), restrictions on advance notes; s. 156, sub-s. (1), recovery of wnges; s. 157, wages not dependent on freight; s. 195, sub-s. (2), as to volunteering into Navy; and generally M. S. A. 1906, Parts IV. and V.

Ascignment 212. Subject to the provisions of this Act an assignment or or tale of sal- Bale 0f salvage payable to a seaman or apprentice to the sea Jim 233 1 serv^ce ma(ie prior to the accruing thereof shall not bind the ^ '' person making the same; and a power of attorney or authority for the receipt of any such salvage shall not be irrevocable.

See also the provisions of s. 156, sub-s. (1), as to abandonment of right to salvage, and the saving in sub-s. (2) thereof.

No debt ex- 213. A debt exceeding in amount five shillings incurred by

ceeding 5». any geaman after he is engaged to serve shall not be recoverable

rill°endofe until the service (a) agreed for is concluded.

voyage. . . ^ t length of service, see s. 116.

[1854, s. 234.] w e

Seamen'B 214.—(1.) A local authority hereinafter mentioned whose

h°ouseiS" district includes a seaport may, with the approval of the Board [1883, s. 48.] °f Trade, make byelaws relating to seamen's lodging-houses in their district, and those byelaws shall be binding upon all persons keeping houses in which seamen are lodged and upon the owners thereof and persons employed therein.

Pt. n.

(2.) The byelaws shall, amongst other things, provide for the 215.

licensing, inspection, and sanitary conditions of seamen's lodging-

houses, for the publication of the fact of a house being licensed, for the due execution of the byelaws, for preventing the obstruction of persons engaged in securing that execution, for the preventing of persons not duly licensed holding themselves out as keeping or purporting to keep licensed houses, and for the exclusion from licensed houses of persons of improper character, and shall impose sufficient fines not exceeding fifty pounds for the breach of any byelaw (a).

(3.) The byelaws shall come into force from a date therein named, and shall be published in the London Gazette and in one newspaper at the least circulating in the district, and designated by the Board of Trade.

(4.) If the local authority do not within a time in each case named by the Board of Trade make, revoke, or alter, any byelaws under this section, the Board of Trade may do so.

(5.) Whenever Her Majesty in Council orders that in any district or any part thereof none but persons duly licensed in pursuance of byelaws under this section shall keep seamen's lodging-houses or let lodgings to seamen from a date therein named, a person acting in contravention of that order shall for each offence be liable to a fine not exceeding one hundred pounds (4).

(6.) A local authority may defray all expenses incurred in the execution of this section out of any funds at their disposal as sanitary authority, and fines recovered for a contravention of this section or of any byelaw under this section shall be paid to such authority and added to those funds.

(7.) In this section the expression "local authority" means in the administrative county of London the county council, and elsewhere in England the local authority under the Public Health Acts, and in Scotland the local authority under the Public 30 & 31 Viet. Health (Scotland) Act, 1867 (c), and the Acts amending the * Ml; 41*42 same, and in Ireland the local authority under the Public 1C''c'52Health (Ireland) Act, 1878, and the expression "district" means the area under the authority of such local authority.

This section reproduces the provisions of s. 48 of tho Merchant Shipping (Fishing Boats) Act, 1883, hut extends their operation to Scotland, in which country 43 & 44 Vict. c. 16, s. 9, hitherto remained iu force.

The byelaws sanctioned under this power are too numerous to be here cited.

(a) As to recovery of fines under byelaws, see s. C80, sub-s. (2).

(4) Sec Orders iu Council as to Penarth, 23rd Nov. 1863; Barry and Cadoxton, 28th May, 1894 (Loud. Gaz., 28th Nov. 1893, 1st June, 1894); Newport, 3rd Feb. 1898, St. R. & 0. 1898, No. 127 (Loud. Gaz. 8th Feb.); Salford, 27th March, 1905, St. R. & O. 1905, No. 356 (Lend. Gaz. 28th March), and the saving in s. 715.

(c) Now Public Health (Scotland) Act, 1897: see ibid. s. 196, Sched., and Interpretation Act, 1889, s. 38.

215. If a person demands or receives from a seaman or Penalty for apprentice to the sea service payment in respect of his board or overonar?e8

Pt. II. 216—218. lodging in the house of that person for a longer period than the h 1;)d .—\— seaman or apprentice has actually resided or boarded therein, housekeepers, that person shall for each offence be liable to a fine not exceeding [1854, s. 235.] ten pounds.

Tenuity for 216.—(1.) If a person receives or takes into his possession or

detaining under his control any money or effects of a seaman or apprentice

effects. to the sea service, and does not return the same or pay the value

[1851,8. 236.] thereof, when required by the seaman or apprentice, subject to

such deduction as may be justly due to him from the seaman or

apprentice in respect of board or lodging or otherwise, or

absconds therewith, he shall for each offence be liable to a fine

not exceeding ten pounds.

(2.) A court of summary jurisdiction may, besides inflicting a fine, by summary order direct the amount of the money, or the value of the effects, subject to such deduction as aforesaid (if any), or the effects themselves, to be forthwith paid or delivered to the seaman or apprentice.

"Effects " includes clothes and documents. See s. 742.

In The Srcrilar;/ of the Jloardof Trade T- Sund/iolm (1879), 4 Asp. M. L. C. 19G; 41 L. T. 409, the Secretary of the Board of Trade was convicted under the section here re-enacted for deducting from a seaman's wages the expenses of attendance in hospital abroad and of subsistence and passage home in a case of illness caused by bad provisions supplied to the crew.

"Or the ejects themselves."—These words were new.

As to summary proceedings, see ss. 081 et teq.

Penalty for 217. If within twenty-four hours after the arrival of a ship

solicitations a^ a p^ jn fjj0 United Kingdom, a person then being on board

housekeepers, the ship solicits a teaman to become a lodger at the house of a

[1854, s. 238.] person letting lodgings for hire, or takes out of the ship any

effects of a seaman, except under the personal direction of the

seaman, and with the permission of the master, he shall for each

offence be liable to a fine not exceeding five pounds.

Penalty for 218. Where a ship is about to arrive, is arriving, or has

bjfn5°v arrived at tho end of her voyage, and any person, not being in without 'P Her Majesty's service or not being duly authorised by law (a) permission for the purpose—

leave6 8eamen (a.) goes on board the ship, without the permission of the [1854, B.237- master, before the seamen lawfully leave the ship at

43 & 44 Vict.' the end of their engagement, or are discharged

c. 16, s. 5.] (whichever last happens); or,

(b.) being on board the ship, remains there after being warned to leave by the master, or by a police officer, or by any officer of the Board of Trade or of the Customs,

that person shall for each offence be liable to a fine not exceeding twenty pounds, or, at the discretion of the court (£), to imprisonment for any term not exceeding six months; and the master of the ship or anjr officer of the Board of Trade Pt. II.

may take him into custody, and deliver him up forthwith to a 219. constable to be taken before a court capable of taking cognizance of the offence.

M. S. A. 1854, s. 237, applied only to a ship before her arrival in dock or at place of discharge. The words were widened by the Act of 1880, probably in consequence of the decision in Attwood v. Case (1875), 45 L. J. 51. C. '20; 1 Q. B. D. 134. As to foreign ships, see a. 219 and notes thereon.

(a) Some instances of persons being authorised to go on board ships for specified purposes are to be found in Harbours, Docks and Piers Clauses Act, 1847, s. 44; Public Health Act, 1875, ss. 110, 125, 132; Explosives Act, 1875, s. 17; the Petroleum Act, 1871, s. 13; Diseases of Animals Act, s. 44 ; Foreign Enlistment Act, 1870, s. 23; Customs Consolidation Act, 1876, s. 47; M. S. A. 1894, ss. 536, 684, 685, 692, 696. As to proof of authorisation, see s. 6ii7.

Exceptions need not be specified or negatived in any complaint, see s. 697.

(4) The maximum punishment being more than three months' imprisonment, a person charged with an offence under this section has, by reason of the Summary Jurisdiction Act, 1879, s. 17, a right to demand a trial by jury. Bex Y. Goldberg, 73 L. J. K. B. 970; [1904] 2 K. B. 866.

219. Whenever it is made to appear to Her Majesty that Application the Government of a foreign country- of previous3"

(a.) has provided that unauthorised persons going on board section to

British ships which are about to arrive or have arrived foreign ships.

within its territorial jurisdiction shall be subject to [43 & 44 Vict.

provisions similar to those of the last-preceding section c' 's"

which are applicable to persons going on board British

ships at the end of their voyages; and (b.) is desirous that the provisions of the said section shall

apply to unauthorised persons going on board ships

of that foreign country within British territorial

jurisdiction, Her Majesty in Council may order that those provisions shall apply to the ships of that foreign country, and have effect as if the ships of that country arriving, about to arrive, or having arrived at the end of their voyage, were British ships («).

The provisions of s. 218 are applied by virtue of Orders in Council under the power here reproduced, and the saving in s. 745, to the ships of Italy, 2nd Mur. 1881; Norway and Sweden, 25th Oct. 1881; Germany, 30lh Nov. 1882 ; United States, 22nd May, 1883; Austria-Hungary, 17th Oct. 1884; Denmark, 15th Sept. 1887; Belgium, 23rd July, 1889. See Appendix, p. 585.

As to Orders in Council generally, see s. 738.

(u) The last paragraph of this section means that a foreign ship coming into British territorial waters is to be treated as if she were a British ship arriving, about to arrive, or having arrived at the end of her voyage. Consequently it is unlawful for a person without the leave of the master to go on board a foreign ship which has arrived in territorial waters, although in fuct she is not arriving, or about to arrive, nor has arrived at the end of her voyage, for which tho crew signed articles: Ilex v. Abrahams (or Solicitor to Board of Trade v. Abrahams), 76 L. J. K. B. 972; [1904] 2 K. B. 859.

Provisions as to Discipline.

Application of these sections.—In Leary v. Lloi/d (1860), 29 L. J. M. C. 194; 3 E. & B. 178, it was held that the sections of M. 8. A. 1854, under the head "Discipline" (1894, ss. 220 et seq.), referred only to British ships: and that

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