3. Provisions for Preserving the Health of Seamen, and for their Relief when falling Sick at Sea, or hurt in the Performance of their duty. [By the ancient marine ordinances, if a mariner falls sick during a voyage, or is hurt in the performance of his duty, he is to be cured at the expense of the ship, but not if he receives an injury in the pursuit of his own private concerns (e)]. Similar provisions have been made by British legislation in favour of merchant seamen (f). Every foreign-going ship having a hundred persons on board must, under a penalty upon the owner in default of 1007. for every voyage, carry, as one of her complement, a physician, surgeon, or apothecary, duly authorized by law to practise (g). A sufficient supply of medicines and medicaments suitable to accidents and diseases arising on sea voyages must be kept constantly on board any ship navigating between the United Kingdom and foreign parts (h), under a penalty upon the master or owner of 201. Lime or lemon juice is to be kept on board, and served out to the crew of every ship, except those bound to European ports, or ports in the Mediterranean Sea, and certain other places, at prescribed rates and intervals (i). Any person who supplies medicines, &c., of bad quality for the use of any ship is liable to a penalty not exceeding 20l. (k). The Board of Trade issues and publishes scales of medicines, &c., suitable for different ships and voyages, and also sanctions books containing instructions for dispensing the same (). On complaint of any three of the crew to any officer in command of any of Her Majesty's ships, or any British consular officer, or any superintendent of a mercantile marine office, or chief officer of customs, such officers may cause a survey to be held on the provisions and water supplied for the ship's use; and if, after their bad quality, unfitness for use, or insufficiency, is signified in writing by the surveying officer to the master of the ship, he continues to use them, or neglects to supply others, he is liable to a penalty of 201., and the result of such survey is to be entered by the surveyors on the official log, and a report thereof made to the Board of Trade (m). The owner is liable to an action by the seamen to recover compensation for any damage they may have sustained by reason of the insufficiency of medicines or provisions (n). Chap. 6. (e) [Laws of Oleron, art. 6; of Wisbuy, art. 18; of the Hanse Towns, art. 39, &c. See Cleirac on the laws of Oleron]. Pant v. Eden, 6 T. R. 325 n. (f) 17 & 18 Vict. c. 104, s. 228; 30 & 31 Vict. c. 124, s. 7. (g) 17 & 18 Vict. c. 104, s. 230. As to passenger ships, see post, ch. 8 of this Part. (h) 30 & 31 Vict. c. 124, s. 4. (i) Sect. 224. As to the supply of lime (k) 30 & 31 Vict. c. 124, s. 5. (n) Couch v. Steel, 23 L. J. Q. B. 121; Part III. 4. Regulations for the Protection of Seamen from Imposition. No person, not being the owner, master, or mate of the ship, or bona fide servant in constant employ of the owner, or a superintendent of a mercantile marine office, may, under a penalty of 201. for each seaman or apprentice, engage or supply any seaman or apprentice to be entered on board any ship in the U.K., unless he is licensed to do so by the Board of Trade. The like penalty is, in addition, if licensed, to the forfeiture of his license, enacted against any person who employs any unlicensed person, other than such as are above excepted, to engage or supply any seaman or apprentice or who knowingly receives on board any seaman or apprentice contrary to the provisions of this Act (a). And any person who demands or receives, directly or indirectly, from any seaman, or apprentice, or person seeking employment as such, any other remuneration than the fees authorized by the Act for providing him with employment, is liable to a penalty of 5l. (b). Every person not being in Her Majesty's service, or duly authorized by law, who goes on board any ship about (c) to arrive at her place of discharge without the permission of the master, is liable to a penalty of 201., and may be taken into custody by the master and delivered to a constable to be taken before a magistrate (d). A penalty of 51. is also imposed on any one who, on board any merchant ship, within twenty-four hours after her arrival in port, solicits any seaman to lodge in the house of any lodging-house keeper, or who takes out of the ship, without the personal direction of the seaman and the leave of the master, any effects belonging to a seaman (e); and any person who demands or receives payment from any seaman or apprentice for a longer period than his actual board and residence, or who does not return on demand any of his money, documents, or effects, or their value, after deducting what is due for board and lodging, or absconds therewith, is liable to a penalty not exceeding 10l. above the value of the property after this deduction (f). The Merchant Shipping Acts also contain provisions for ensuring suitable accommodation in the ship for seamen (g). And the master is bound, under a penalty of 10., to allow any seaman or apprentice to go ashore, or to send him ashore in proper custody, who states his desire to make a complaint to a justice of the peace, consular officer, or naval officer in command of any of Her Majesty's ships, against the master or any of the crew (h). No wages due or accruing to any seaman or apprentice are subject to attachment or arrestment (a) Sect. 147. (b) Sect. 148. (c) Attwood v. Case, 1 Q. B. D. 137. (d) Sect. 237. (e) Sect. 238. (f) Sects. 235, 236. (g) 30 & 31 Vict. c. 124, s. 9. from any court; and every payment of wages, shall be valid, not- Chap. 6. withstanding any sale or assignment of, or attachment, incumbrance, or arrestment on them (i). No assignment or sale of wages, or of salvage, prior to the accruing thereof, is binding on the party making the same; and no power of attorney, or authority for the receipt of wages or salvage, is irrevocable (k). Nor is any debt exceeding 58. in amount by any seaman, after he has engaged to serve, recoverable until the agreed service is concluded (1). 5. Offence of Master improperly discharging Mariners abroad, forcing them on Shore, or wrongfully leaving them behind; and Provisions for the Relief of Seamen abandoned, shipwrecked, captured, or cast away. As to the offences of abandoning seamen, or discharging them abroad; of wrongfully putting them on shore, or leaving them behind on shore, or at sea, without the sanction of the British authorities or representatives (m), the reader is referred to the clauses of the Act of Parliament. Provisions will there also be found respecting the payment of wages to seamen lawfully left behind (n); for the recovery of the expenses incurred by British governors, consuls, or merchants, in the subsistence of seamen and apprentices, shipwrecked, discharged, or left behind, in foreign ports, and for their conveyance home in ships bound for Great Britain (0). 6. Regulations for the Registration of Merchant Seamen. The "General Register and Record Office of Seamen," established in the port of London, is under the control of the Board of Trade, which is empowered to appoint and remove the registrar-general, his clerks and assistants; to regulate their salaries, and direct that the business of the register office at the outports may be done at the mercantile marine office, or at the Custom-house of such outports, by a superintendent of a mercantile marine office, or officer of customs appointed by it (p). The registrar-general is to keep a register of all persons who serve in ships subject to the provisions of the Act (q). To enable him to do so, the master of every foreign-going ship of which the crew is discharged in the United Kingdom, and of every home-trade ship, must make out a list, in a form sanctioned by the (i) Sect. 233. (k) Ibid. (1) Sects. 234. (m) Sects. 207, 208. (n) Sect. 209. The Rajah of Cochin, (P) Sect. 271. (q) Sect. 272. Part III. Board of Trade, stating the number and date of the ship's register, and her registered tonnage; the length and nature of the voyage or employment; the names, ages, places of birth, qualities on board last ship or employments of all the crew, including master and apprentices, and the dates and times of their joining the ship; the names of those who have died or ceased to belong to the ship, or who have been maimed or hurt, with the times, places, causes, and circumstances thereof; the wages due to, and the clothes and effects belonging to those who have died, and the mode in which they have been dealt with, and for what money sold; every marriage, with the date thereof, and the names and ages of the parties (a). These lists are required, under a penalty of 57. upon the master in the case of a home-trade ship, to be delivered half-yearly to a superintendent of a mercantile marine office; and in case of a foreign-going ship, within 48 hours after the ship's arrival at her final port of destination in the U. K., or upon the discharge of the crew, whichever first happens, to the superintendent of the mercantile marine office before whom the crew is discharged; and such superintendent shall grant certificates of such delivery, without the production of which no officer of customs shall clear inwards any foreign-going ship, or grant clearance or transire to any home-trade ship, but may detain them until such certificates are produced (b). The master or owner of any ship which by transfer or change of employment ceases to be a foreign-going or a home-trade ship, and of any ship which is lost or abandoned, is required, under penalties, to transmit or deliver such lists to the superintendent of the mercantile marine office of the port to which the ship has belonged (c). After these lists have been kept by the superintendents for such time as may be necessary for the settlement of any business, or any other proper purpose, they are to be forwarded to the registrar-general to be by him recorded and preserved. He is to allow any person to inspect them on payment of a moderate fee, produce them when required for purposes of evidence, and grant certified copies of them, which are to have the same effect in evidence as the originals (d). The collector and comptroller of customs at every port in the United Kingdom is required to send half-yearly to the registrar-general of seamen a list of ships registered there, and of ships whose registers have been cancelled, or transferred there, since the preceding return (e). The master of every ship, wherever registered, except ships whose business for the time being is to carry passengers, is required, within forty-eight hours after her arrival at any foreign port, or port of a British possession at which she remains so long, to deliver to a British consular officer or officer of customs, the agreement with the crew, and all indentures and assignments of apprenticeship (f). Those officers are to keep such docu ments during the ship's stay, endorse on the agreement the neglect of Chap. 6. any required forms or transgression of existing laws, and having returned the documents to the master within a reasonable time before his departure, with a certificate endorsed on the agreement of the time when they were delivered and returned, to transmit a copy of such endorsement of neglect or transgression, with the fullest information he can collect respecting it, to the registrar-general of seamen (g). Any master failing so to deliver such document, shall incur for every such default a penalty of 201., and in any prosecution for such penalty it shall lie upon the master either to produce the certificate of the consular officer or officer of customs herein before required, or to prove that he duly obtained the same, or that it was impracticable for him so to do (h). |