Recovery of expenses from owner. 1854, s. 229. or apprentice (m) whilst on board his ship (") shall be defrayed in like manner (6). (4.) If a seaman (7) or apprentice (m) is ill, and has, through the neglect of the master (n) or owner (p) of the ship, not been provided with proper provisions and water according to his agreement (9), or with such medicines (1), medical stores (r), anti-scorbutics (r), or accommodation (s), as are required by this Act, then the owner (p) or master (n), unless it can be proved that the illness has been produced by other causes (ss), shall be liable to pay all expenses (not exceeding on the whole three months' wages (n)) 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 (t), but this provision shall not affect any further liability of the master (n) or owner (p) for the neglect, or any other remedies (u) possessed by the seaman (n) or apprentice (m). (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 (m) who dies whilst on service, shall, if duly proved, be deducted (a) from the wages (n) of the seaman or apprentice (y). 208. (1.) If any of the expenses attendant on the illness, hurt, or injury of a seaman (n) or apprentice (m), which are to be paid under this Act (z) by the master (n) or owner (p), are paid by any British consular officer (a) or other person on behalf of the Crown, or if any other expenses in respect of the illness, hurt, or injury of any seaman (b) or apprentice (c) whose wages (b) 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 (b) of the ship (b). (2.) If the expenses are not so repaid, the amount thereof shall with costs be a charge upon the ship (b), and be recoverable from the master (b) or from the owner (e) 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 (ƒ). (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. carry 209.-(1.) Every foreign-going ship (b), having one Certain hundred persons or upwards on board, shall carry on ships to board as part of her complement some duly qualified medical medical practitioner, and if she does not the owner (e) shall for practievery voyage of the ship made without a duly qualified 1854, s. medical practitioner be liable to a fine not exceeding one hundred pounds (g). (2.) Nothing in this section shall apply to an emigrant ship within the meaning of the Third Part of this Act (h). tioners. 230. seamen, Vict. c. 124, s. 9. 210.-(1.) Every place in any British (i) ship (b) occupied Accommoby seamen (b) or apprentices (c), and appropriated to their dation for use, shall have for each of those seamen or apprentices a 30 & 31 space of not less than seventy-two cubic feet, and of not less than twelve superficial feet measured on the deck or floor of 31 & 32 that place, and shall be subject to the regulations in the 129, s. 3. Sixth Schedule to this Act, and those regulations shall have 36 & 37 effect as part of this section, and if any of the foregoings. 30. (b) Defined, § 742. (c) §§ 105-109. (d) §§ 170, s. 1, 189. (e) See note to § 58. (ƒ) §§ 164-166. (g) How recovered, §§ 680-684; how applicable, §§ 699, 716. (h) § 268. (i) Note to § 1. Vict. c. Vict. c. 85, Facilities for making complaint. 1854, s. 232. requirements of this section is not complied with in the case of any ship (k), the owner (1) of the ship shall for each offence be liable to a fine not exceeding twenty pounds (m). (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 (k) shall forfeit and pay to each seaman () or apprentice (n) lodged in that place the sum of one shilling (0) for each day during which, after complaint has been made to him by any two or more of the seamen (k) so lodged, it is not so kept free (0). (3.) Such fees as the Board of Trade fix shall be paid in respect of an inspection for the purposes of this section (p), not exceeding the fees specified in the Sixth Schedule to this Act. Facilities for making Complaint (q). 211.-(1.) If a seaman (k) or apprentice (n) whilst on board ship states to the master (k) of the ship (k) his desire to make a complaint to a justice of the peace, British consular officer (r), or officer in command of one of Her Majesty's ships, against the master (k) 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. (k) Defined, § 742. (1) Includes equitable owner; § 58, (m) How recovered, §§ 680-684; (0) No express means of recovering wages; §§ 164-166. (p) By a surveyor of ships (§ 724), under Regulation 3 of the Sixth Schedule to this Act. (q) For application, see Preliminary Note to this Part, and §§ 260266. (r) Int. Act, 1889, § 12, s. 20. (2.) If the master (t) of a ship (t) fails (u) without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceeding ten pounds (x). Protection Protection of Seamen from Imposition (y). 212. Subject to the provisions of this Act (z) an assign- of Seamen from Imment or sale of salvage (a) payable to a seaman (t) or position. apprentice (b) to the sea service made prior to the accruing Assignthereof shall not bind the person making the same; and a ment or power of attorney or authority for the receipt of any such salvage salvage shall not be irrevocable (c). sale of invalid. 1854, s. No debt 213. A debt exceeding in amount five shillings incurred 233. by any seaman (t) after he is engaged to serve shall not exceeding be recoverable until the service agreed for is concluded. 58. recov erable till voyage. Seamen's 214. (1.) A local authority herein-after mentioned (d) end of whose district (d) includes a seaport may, with the approval 1854, s. of the Board of Trade, make byelaws relating to seamen's 234. lodging-houses in their district (d), and those byelaws shall lodgingbe binding upon all persons keeping houses in which houses. seamen (t) are lodged and upon the owners thereof and 46 & 47 persons employed therein. (2.) The byelaws shall amongst other things provide for the 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 (e). (t) Defined, § 742. (u) Includes refusal; § 742. (x) How recovered, §§ 680–684; how applicable, §§ 699, 716. (y) As to application of these sec tions, see Preliminary Note to this Part, and §§ 260–266. (z) Cf. § 156, s. 2. (a) Cf. § 546. (b) §§ 105-109. This section does not apply to (e) See § 680, s. 2, and sub-s. 6, Vict. c. 41, s. 48. Penalty for overcharges by (3.) The byelaws shall come into force from a date therein named, and shall be published in the London Gazette (ƒ) and in one newspaper at the least circulating in the district, and designated by the Board of Trade. (4.) If the local authority (9) 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 (h) orders that in any district (g) 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 (i) from a date therein named, a person (k) acting in contravention of that order shall for each offence be liable to a fine not exceeding one hundred pounds (1). (6.) A local authority (g) 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 Health (Scotland) Act, 1867 (m), and the Acts amending the same, and in Ireland the local authority under the Public Health (Ireland) Act, 1878 (n), and the expression "district" means the area under the authority of such local authority. 215. If a person (k) demands or receives from a seaman (i) or apprentice (o) to the sea service payment in lodging- respect of his board or lodging in the house of that person house |