« السابقةمتابعة »
Volunteering into the Nary.
Merchant Shipping (Part III. Masters and Seamen.)
vance paid and not duly earned.
Master of such Ship shows to the Satisfaction of the Admiralty that he has paid or properly rendered himself liable to pay an Advance of Wages to or on account of such Seaman, and that such Seaman has not at the Time of quitting his Ship duly earned such Advance by. Service therein, and, in the Case of such Liability as aforesaid, if such Owner or Master actually satisfies the same, it shall be lawful for the Admiralty to pay to such Owner or Master so much of such Advance as has not been duly earned, and to deduct the Sum so paid from the Wages of the Seaman earned or to be earned in the Naval Service of Her Majesty.
If new Scainen CCXVII. If, in consequence of any Seaman so leaving his are engaged Ship without the Consent of the Master or Owner thereof, it instead of the
becomes necessary for the Safety and proper Navigation of the men, the said Ship to engage a Substitute or Substitutes, and if the Owner may Wages or other Remuneration paid to such Substitute or Substiapply for Re. payment of
ne tutes for subsequent Service exceed ihe Wages or Remuneration any extra Ex- which would have been payable to the said Seaman under his pelise he has Agreement for similar Service, the Master or Owner of the said been put to a
Ship may apply to the Registrar of the High Court of Admiralty in England for a Certificate authorizing the Repayment of such Excess; and such Application shall be in such Form, and shall be accompanied by such Documents, and by such Statements, whether on Oath or otherwise, as the Judge of the said Court-from Time to Time directs.
Application CCXVIII. The said Registrar shall, upon receiving any such how to be Application as aforesaid, give Notice thereof in Writing, and of lecided cu, und Amount the Sum claimed, to the Secretary to the Admiralty, and of Repayment shall proceed to examine the said Application, and may call how to be as
be as- upon the Registrar General of Seamen to produce any Papers certainel.
in his Possession relating thereto, and may call for further Evidence; and if the whole of the Claim appears to him to be just, he shall give a Certificate accordingly; but if he considers that such Claim or any Part thereoi is not just he shall give Notice of such bis Opinion in Writing under his Hand to the Person making the said Application or his Attorney or Agent; and is within Sixteen Days from the giving of such Notice such Person does not leave or cause to be left at the Office of the Registrar of the said Court a written Notice demanding that the said Application shall be referred to the Judge of the said Court, ihen the said Registrar shall finally decide thereon, and certify accordingly; but if such Notice is left as aforesaid, then the said Application shall stand referred to the said Judge in his Chambers, and his Decision thereon shall be final, and the said Registrar shall certify the same accordingly; and the said Registrar and Judge respectively shall in every Proceeding under this Act lave full Power to
administer Merchant Shipping (Part III. Masters and Scamen.)
Volunteering into the Nacy.
administer Oaths and to exercise all the ordinary Powers of the Court, as in any other Proceeding within its Jurisdiction; and the said Registrar' or Judge (as the Case may be) may, if he thinks fit, allow for the Costs of any Proceeding under this Act any Sum not exceeding Five Pounds for each Seaman so quitting his Ship as aforesaid ; and such Sum shall be added to the Sum allowed, and shall be certified by the said Registrar accordingly.
CCXIX. Every Certificate so given shall be sent by Post or Accountant otherwise to the Person making the Application, his Attorney General to or Agent, and a Copy thereof shall be sent to the Accountant per General of the Navy; and such Accountant General shall, tained. upon Delivery to him of the said original Certificate, together with a Receipt in Writing purporting to be a Receipt from the Master or Owner making the Application, pay to the Person delivering the same out of the Monjes applicable to the Naval Service of Her Majesty, and granted by Parliament for the Purpose, the Amount mentioned in such Certificate; and such Certificate and Receipt shall absolutely discharge the said Accountant General and Her Majesty from all Liability in respect of the Monies so paid or of the said Application.
CCXX. Every Person who, in making or supporting any Penalty for such Applications as aforesaid to the Registrar of the High Forgery and
false RepreCourt of Admiralty, forges, assists in forging, or procures to be sentations in forged, or fraudulently alters, assists in fraudulently altering, or support of procures to be fraudulently altered, any Document, and every such Appli Person who in making or supporting any such Application presents or makes use of any such forged or altered Document, or who in making or supporting any such Application makes or gives, or assists in making or giving, of procures to be made or given, any false Evidence or Representation, knowing the same to be false, shall be deemed guilty of a Misdemeanor.
Provisions, Health, and Accommodation.
Prorisions, Health, and
AccommoCCXXI. Any Three or more of the Crew of any British da'ion. Ship may complain to any Officer in command of any of Her — Majesty's Ships, or any British Consular Oficer, or any Ship
P Provisious and ping Niaster, or any Chief Officer of Customs, that the Pro- Water on visions or Water for the Use of the Crew are at any Time of Complaint bad Quality, unfit for Use, or deficient in Quantity ; and such bade. Officer may thereupon examine the said Provisions or Water, or cause them to be examined; and if on Examination such Provisions or Water are found to be of bad Quality and unft for Use, or to be deficient in Quantity, the Person making such Examination shall signify the same in Writing to the Master of the Ship; and if such Master does not 'thereupon
Merchant Shipping (Part III. Masters and Seamen.)
Provisions, Health, and Accoinmo. dation.
provide other proper Provisions or Water in lieu of any so signified to be of a bad Quality and unfit for Use, or does not procure the requisite Quantity of any so signified to be insufficient in Quantity, or uses any Provisions or Water which have been so signified as aforesaid to be of a bad Quality and unfit for Use, he shall in every such Case incur a Penalty not exceeding Twenty Pounds; and upon every such Examination as aforesaid the Officers making or directing the same shall enter a Statement of the Result of the Examination in the Official Log, and shall send a Report thereof to the Board of Trade, and such Report, if produced out of the Custody of such Board or its Officers, shall be received in Evidence in any legal Proceeding.
Forfeiture for CCXXII. If the Officer to whom any such Complaint as last frivolous
aforesaid is made certifies in such Staternent as aforesaid that Complaint.
there was no reasonable Ground for such Complaint, each of the Parties so complaining shall be liable to forfeit to the Owner out of his Wages a Sum not exceeding One Week's Wages.
Allowance for short or bad Provisions.
CCXXIII. In the following Cases, (that is to say,)
(1.) If during a Voyage the Allowance of any of the Pro
visions which any Seaman has by his Agreement stipulated for is reduced (except in accordance with any Regulations for Reduction by way of Punishment contained in the Agreement, and also except for any Time during which such Seaman wilfully and without sufficient Cause resuses or neglects to perform his Duty, or is lawfully under Confinement for Misconduct, either on board or on shore);
(2.) If it is shown that any of such Provisions are or have
during the Voyage been bad in Quality and unfit for
The Seaman shall receive by way of Compensation for such Reduction or bad Quality, according to the Time of its Continuance, the following Sums, to be paid to him in addition to and to be recoverable as Wages; (that is to say,)
(1.) If his Allowance is reduced by any Quantity not ex
ceeding One Third of the Quantity specified in the
Agreement, a Sum not exceeding Fourpence a Day; (2.) If his Allowance is reduced by more than One Third of such Quantity, Eightpence a Day;
Merchant Shipping (Part III. Masters and Seamen.)
Provisions, Health, unde Accommodation.
(3.) In respect of such bad Quality as aforesaid, a Sum
not exceeding One Shilling a Day:
But if it is shown to the Satisfaction of the Court before which the Case is tried that any Provisions the Allowance of which has been reduced could not be procured or supplied in proper Quantities, and that proper and equivalent Substitutes were supplied in lieu thereof, the Court shall take such Circumstances into consideration, and shall modify or refuse Compensation as the Justice of the Case may require.
CCXXIV. The following Rules shall be observed with Medicines, respect to Medicines, Medical Stores, and Anti-scorbutics ; Lime, or (that is to say,)
Vinegar, to be (1.) The Board of Trade shall from Time to Time issue provided and. and cause to be published a Scale of Medicines and be
kept on board Medical Stores suitable to Accidents and Diseases arising on Sea Voyages:
(2.) The Owner of every Ship navigating between the
United Kingdom and any Place out of the same shall
(3.) The Master or owner of every Foreign-going Ship
(except those bound to European Ports or to Ports in
serve out the Lime or Lemon Juice or other such
Merchant Shipping (Part III. Masters und Seamen.)
Provisions, Health, and Accoinmo: dation.
And if in any such Ship as aforesaid such Medicines, Medical
Masters to CCXXV. Every Master shall keep on board proper Weights keep Weights and Measures as
s and Measures for the Purpose of determining the Quantities of on board. the several Provisions and Articles served out, and shall allow
the same to be used at the Time of serving out such Provisions and Articles in the Presence of a Witness whenever any Dispute arises about such Quantities, and in default shall for every Offence incur a Penalty not exceeding Ten Pounds.
Boardof Trade CCXXVI. Any Local Marine Board may, upon being reaud Local quired by the Board of Trade so to do, appoint and remove a Boards may appoint Iué
Medical Inspector of Ships for the Port, and may fix his Respectors of muneration, such Remuneration to be subject to the Control of Medicines, the Board of Trade ; and at Ports where there are no Local who are to see that Ships are Marine Boards the Board of Trad properly pro- such Inspectors, and fix llieir Remuneration; and it shall be vided.
the Duty of such Inspectors to inspect the Medicines, Medical Stores, Lime or Lemon Juice, or other Articles, Sugar and Vinegar, required to be kept on board any such Ships as aforesaid ; and such Inspection, if made at Places where there are Local Marine Boards, shall be made under their Direction, and also in any special Cases under the Direction of the Board of Trade, and if made at Places where there are no Local Marine Boards, shall be made under the Direction of the Board of Trade; and such Medical Inspectors shall for the Purposes of such Inspection have the same Powers as the Inspectors appointed by the Board of Trade under the First Part of this Act; but every such Inspector, if required by timely Notice in Writing from the Master, Owner, or Consignee, shall make his Inspection Three Days at least before the Ship proceeds to Sea, and if the Result of the Inspection is satisfactory shall not again make Inspection before the Coinmencement of the Voyage, unless he has Reason to suspect that some of the Articles inspected have been subsequently removed, injured, or destroyed; and whenever any such Medical Inspector