Merchant Shipping (Part III. Masters and Seamen.)

is of opinion that in any Ship hereby required to carry such Articles as aforesaid the same or any of them are deficient in Quantity or Quality, or are placed in improper Vessels, he shall signify the same in writing to the Chief Officer of Customs of the Port where such Ship is lying, and also to the Master, Owner, or Consignee thereof, and thereupon the Master of such Ship, before proceeding to Sea, shall produce to such Chief Officer of Customs a Certificate under the Hand of such Medical Inspector or of some other Medical Inspector, to the Effect that such Deficiency has been supplied or remedied, or that such improper Vessels have been replaced by proper Vessels, as the Case may require; and such Chief Officer of Customs shall not grant a Clearance for such Ship without the Production of such Certificate, and if such Ship attempts to go to Sea without a Clearance, may detain her until such Certificate is produced; and if such Ship proceeds to Sea without the Production of such Certificate, the Owner, Master, or Consignee thereof shall incur a Penalty not exceeding Twenty Pounds.

Provisions, Health, and Лесотто. dution.

CCXXVII. Any Person who sells or supplies any Medicines, Penalty for Medical Stores, Lime or Lemon Juice, of bad Quality, for the selling bad Drugs for Use of any Ship, shall for each such Offence incur a Penalty Ships. not exceeding Twenty Pounds.

CCXXVIII. The following Rules shall be observed with Expense of respect to Expenses attendant on Illness and Death; (that is Medical Atto say,)

tendance and Subsistence in case of Illness,

in case of

(1.) If the Master or any Seaman or Apprentice receives and of Burial
any Hurt or Injury in the Service of the Ship to which Death, how to
he belongs, the Expense of providing the necessary be defrayed.
Surgical and Medical Advice, with Attendance and
Medicines, and of his Subsistence until he is cured, or
dies, or is brought back to some Port in the United
Kingdom, if shipped in the United Kingdom, or if
shipped in some British Possession to some Port in such
Possession, and of his Conveyance to such Port, and
the Expense (if any) of his Burial, shall be defrayed by
the Owner of such Ship, without any Deduction on that
Account from the Wages of such Master, Seaman, or
Apprentice:

(2.) If the Master or any Seaman or Apprentice is on
account of any Illness temporarily removed from his
Ship for the Purpose of preventing Infection, or other-
wise for the Convenience of the Ship, and subsequently
returns to his Duty, the Expense of such Removal and
of providing the necessary Advice with Attendance and

Medicines

Provisions, Health, and Ассоттоdation.

Expenses, if paid by Con

sul to be recoverable

from Owner.

Certain Ships

dical Practi

tioners.

Merchant Shipping (Part III. Masters and Seamen.)

Medicines and of his Subsistence whilst away from the
Ship, shall be defrayed in like Manner:

(3.) The Expense of all Medicines and Surgical or Me-
dical Advice and Attendance given to any Master,
Seaman, or Apprentice 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 or Apprentice who dies whilst en Service, shall, if duly proved, be deducted from the Wages of such Seaman or Apprentice.

CCXXIX. If any such Expenses in respect of the Illness, Injury, or Hurt of any Seaman or Apprentice, as are to be borne by the Owner, are paid by any Consular Officer or other Person on behalf of Her Majesty, or if any other Expenses in respect of the Illness, Injury, or lurt of any Seaman or Apprentice whose Wages are not accounted for to such Officer under the Provisions herein-before contained in that Behalf are so paid, such Expenses shall be repaid to such Officer or other Person by the Master of the Ship, and if not so repaid, the Amount thereof, with Costs, shall be a Charge upon the Ship, and be recoverable from the said Master or from the Owner of the Ship for the Time being as a Debt due to Her Majesty, and shall be recoverable either by ordinary Process of Law or in the Manner in which Seamen are hereby enabled to recover Wages; and in any Proceeding for the Recovery thereof the Production of a Certificate of the Facts, signed by such 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 such Consular Officer or other Person as aforesaid.

CCXXX. Every Foreign-going Ship having One hundred to carry Me Persons or upwards on board shall carry on board as Part of her Complement some Person duly authorized by Law to practise as Physician, Surgeon, or Apothecary; and in default the Owner shall for every Voyage of any such Ship made without such Medical Practitioner incur a Penalty not exceeding One hundred Pounds: Provided that nothing herein contained shall in anywise affect any Provision contained in the "Passengers. Act, 1852," concerning the Carriage of Medical Practitioners by the Class of Ships therein named Passenger Ships, nor shall any such Passenger Ship, if not thereby required to carry a Medical Practitioner, be hereby required to do so. CCXXXI.

Merchant Shipping (Part III. Masters and Seamen.)

CCXXXI. The following Rules shall be observed with respect to Accommodation on board; (that is to say,)

Provisions,
Health and
Accommo-
dation.

Place appro

priated to Seamen to

Man;

(1.) Every Place in any Ship occupied by Seamen or have a certain
Apprentices, and appropriated to their Use, shall have Space for each
for every such Seaman or Apprentice, if they sleep in
Hammocks, a Space of not less than Nine Superficial and to be pro-
perly con-
Feet, and if they do not sleep in Hammocks, à Space structed and
of not less than Twelve Superficial Feet, measured on kept clear.
the Deck or Floor of such Place:

(2.) Every such Place shall either be Six Feet in Height
from Deck to Deck, or shall have for every Seaman and
Apprentice, if they sleep in Hammocks, a Space of not
less than Fifty-four Cubic Feet, and if they do not sleep.
in Hammocks, a Space of not less than Seventy-two
Cubic Feet:

(3.) Every such Place shall be kept free from Stores or
Goods of any kind, not being the personal Property of
the Crew in use during the Voyage:

(4.) Every such Place shall be properly caulked, and in all other respects securely and properly constructed and well ventilated:

And if any such Place in any Ship is not in the whole sufficiently large to give such space for each seaman and apprentice as herein-before required, or is not properly caulked and in all other respects securely and properly constructed and well ventilated, the Owner shall for every such Failure to comply with the Provisions of this Section incur a Penalty not exceeding Twenty Pounds; and if any such Space as aforesaid is not kept free from Goods and Stores as aforesaid, the Master shall for every such Failure to comply with the Provisions of this Section incur a Penalty not exceeding Ten Pounds.

Power of making Complaint.

Power of making Complaint.

allowed to go

Justice.

CCXXXII. If any Seaman or Apprentice whilst on board any Ship states to the Master that he desires to make Complaint Seamen to be to a Justice of the Peace, or Consular Officer, or Naval Officer ashore to in command of any of Her Majesty's Ships, against the Master make Com or any of the Crew, the said Master shail, if the Ship is then plaint to a at a Place where there is a Justice or any such Officer as aforesaid, so soon as the Service of the Ship will permit, and if the Ship is not then at such a Place, so soon after her first Arrival at such a Place as the Service of the Ship will permit, allow such Seaman or Apprentice to go ashore or send him ashore in

proper

Power of making Complaint.

Protection of

Seamen from
Imposition.

Sale of aud

Charge upon

invalid.

Merchant Shipping (Part III. Masters and Seamen.)

proper Custody so that he may be enabled to make such Complaint, and shall, in default, incur a Penalty not exceeding Ten Pounds.

Protection of Seamen from Imposition.

CCXXXIII. No Wages due or accruing to any Seaman or Apprentice shall be subject to Attachment or Arrestment from Wages to be any Court; and every Payment of Wages to a Seaman or Apprentice shall be valid in Law, notwithstanding any previous Sale or Assignment of such Wages, or of any Attachment, Incumbrance, or Arrestment thereon; and no Assignment or Sale of such Wages or of Salvage made prior to the accruing thereof shall bind the Party making the same; and no Power of Attorney or Authority for the Receipt of any such Wages or Salvage shall be irrevocable.

No Debt exceeding 5s. recoverable till End of Voyage. Penalty for Overcharges by Lodging. house Keepers.

Penalty for

detaining Seamen's Effects.

Persons not to go on board

before the final

Arrival of
Ship without
Permission.

CCXXXIV. No Debt exceeding in Amount Five Shillings, incurred by any Seaman after he has engaged to serve, shall be recoverable until the Service agreed for is concluded.

CCXXXV. If any Person demands or receives from any Seaman or Apprentice to the Sea Service Payment in respect of his Board or Lodging in the House of such Person for a longer Period than such Seaman or Apprentice has actually resided or boarded therein, he shall incur a Penalty not exceeding Ten Pounds.

CCXXXVI. If any Person receives or takes into his Possession or under his Control any Monies, Documents, or Effects of any Seaman or Apprentice to the Sea Service, and does not return the same or pay the Value thereof, when required by such Seaman or Apprentice, subject to such Deduction as may be justly due to him from such Seaman or Apprentice in respect of Board or Lodging or otherwise, or absconds therewith, he shall incur a Penalty not exceeding Ten Pounds, and any Two Justices may, besides inflicting such Penalty, by summary Order direct the Amount or Value of such Monies, Documents, or Effects, subject to such Deduction as aforesaid, to be forthwith paid to such Seaman or Apprentice.

CCXXXVII. Every Person who, not being in Her Majesty's Service, and not being duly authorized by Law for the Purpose, goes on board any Ship about to arrive at the Place of her Destination, before her actual Arrival in Dock or at the Place of her Discharge, without the Permission of the Master, shall for every such Offence incur a Penalty not exceeding Twenty Pounds; and the Master or Person in charge of such Ship may take any such Person so going on board as aforesaid into Custody, and deliver him up forthwith to any Constable or Peace Officer,

Merchant Shipping (Part III. Masters and Seamen.)

Officer, to be by him taken before a Justice or Justices or the Sheriff of the County in Scotland, and to be dealt with according to the Provisions of this Act.

Protection of
Seamen fram

Imposition.

House

CCXXXVIII. If, within Twenty-four Hours after the Arrival Penalty for of any Ship at any Port in the United Kingdom, any Person Solicitations then being on board such Ship solicits any Seaman to become by Lodginga Lodger at the House of any Person letting Lodgings for Hire, Keepers. or takes out of such Ship any Effects of any Seaman, except under his personal Direction, and with the Permission of the Master, he shall for every such Offence incur a Penalty not exceeding Five Pounds.

CCXXXIX. Any Master of or any Seaman or Apprentice be- Misconduct longing to any British Ship who by wilful Breach of Duty, or by endangering Neglect of Duty, or by reason of Drunkenness, does any Act tend- Ship or Life or Limb, a ing to the immediate Loss, Destruction, or serious Damage of such Misdemeanor. Ship, or tending immediately to endanger the Life or Limb of any Person belonging to or on board of such Ship, or who by wilful Breach of Duty, or by Neglect of Duty, or by reason of Drunkenness, refuses or omits to do any lawful Act proper and requisite to be done by him for preserving such Ship from immediate Loss, Destruction, or serious damage, or for preserving any Person belonging to or on board of such Ship from immediate Danger to Life or Limb, shall for every such Offence be deemed guilty of a Misdemeanor.

to remove

CCXL. Any Court having Admiralty Jurisdiction in any of Power of AdHer Majesty's Dominions may, upon Application by the Owner miralty Courts of any Ship being within the Jurisdiction of such Court, or by Master. the Part Owner or Consignee, or by the Agent of the Owner,

or by any certificated Mate, or by One Third or more of the Crew of such Ship, and upon Proof on Oath to the Satisfaction of such Court that the Removal of the Master of such Ship is necessary, remove him accordingly; and may also, with the Consent of the Owner or his Agent, or the Consignee of the Ship, or if there is no Owner or Agent of the Owner or Consignee of the Ship within the Jurisdiction of the Court, then without such Consent, appoint a new Master in his Stead; and may also make such Order, and may require such Security in respect of Costs in the Matter, as it thinks fit.

CCXLI. If the Board of Trade or any Local Marine Board Power to inhas reason to believe that any Master or Mate is from Incom- vestigate petency or Misconduct unfit to discharge his Duties, the Board Cases of alleg of Trade may either institute an Investigation or may direct teney and the Local Marine Board at or nearest to the Place at which it Misconduet.

may

ed Incompe