and sending home, and a seaman (h) shall not have any right to be relieved, maintained, or sent home except in the cases and to the extent and on the conditions provided by those regulations. for main of dis 1854, s. 191.-(1.) The following authorities, that is to say, Provisions governors (i) of British possessions (k), British consular tenance officers (1), and other officers of Her Majesty in foreign and relief countries shall, and, in places where there are no such tressed officers, any two resident British merchants, or if there is seamen. only one British merchant so resident that merchant, 11. may in accordance with and on the conditions pre- 18 & 19 scribed by the distressed seamen regulations (m), provide s. 16. for the maintenance, until a passage home can be procured, of the following seamen (h) and apprentices (n) (who are in this Act included in the term distressed seamen) namely,— (a.) seamen (u) and apprentices (n) to the sea service, whether subjects of Her Majesty or not, who by reason of having been discharged or left behind abroad or shipwrecked from any British (o) ship (h), or any of Her Majesty's ships, are in distress in any place abroad; and (b.) seamen (h) and apprentices (n) to the sea service, being subjects of Her Majesty, who have been engaged by any person acting either as principal or agent to serve in a ship (h) belonging to the Government or to a subject or citizen of a foreign country, and are in distress in any place abroad. (2.) For the purpose of providing a distressed seaman (p) with a passage home, the authority shall put him on board a British (o) ship (h) bound either to the United Kingdom or to the British possession (k) to which the seaman (h) belongs (as the case requires), which is in want of men to make up its complement; or if there is no such ship, then the authority shall provide the seaman Vict. c. 19, Masters of ships com pelled to take dis tressed seamen. 1854, s. 212. with a passage home as soon as possible in any ship (r), British (s) or foreign, bound as aforesaid. (3.) The authority shall endorse on the agreement with the crew (t) of the ship, if a British (s) ship, on board of which a distressed seaman (u) is placed, the name of every person so placed on board with any particulars directed by the distressed seamen regulations (x) to be endorsed. (4.) The authority shall be paid in respect of the expenses of the maintenance and conveyance of distressed seamen (u) such sums as the Board of Trade may allow, and those sums shall, on the production of the bills of disbursements, with the proper vouchers, be paid as hereinafter provided (y). 192.-(1.) The master (r) of every British (s) ship (r) so bound as aforesaid (2) shall receive on board his ship, and afford a passage and maintenance to all distressed seamen (u) whom he is required under this Act (u) to take on board his ship, not exceeding one for every fifty tons burden, and shall during the passage provide every such distressed seaman (u) with a proper berth or sleeping place, effectually protected against sea and weather (a). (2.) On the production of a certificate, signed by the authority by whose directions any such distressed seaman (u) was received on board, specifying the number and names. of the distressed seamen (u) and the time when each of them was received on board, and on a declaration made by the master (r) before a justice of the peace (b), and verified by the Registrar-General of Shipping and Seamen (c), stating the number of days during which each distressed seaman (u) has received maintenance (d), and stating the full complement of his crew and the actual number of seamen (r) and apprentices employed on board his ship, and every variation in that number, whilst the distressed seaman (u) received (r) Defined, § 742. (u) § 191, s. 1. (x) § 190. (y) § 193. (z) § 191, s. 2. (a) As to the discipline of such seamen, see § 237. (b) May be made before a commissioner for oaths; § 698. (c) § 251. (d) § 192, s. 1. maintenance (d), the master (e) shall be entitled to be paid, in respect of the maintenance and passage (d) of every seaman (e) or apprentice (f) so conveyed, maintained, and provided for by him, exceeding the number (if any) wanted to make up the complement of his crew, such sum per diem as the Board of Trade allow. (3.) If any master (e) of a British (g) ship (e) fails (h) without reasonable cause to comply with this section in the case of any seaman (e) or apprentice (ƒ), he shall for each offence be liable to a fine not exceeding one hundred pounds (i). of ex 193.-(1.) Where any expenses on account of any Recovery such distressed seaman (k) or apprentice (f) as follows, namely: to a penses of relief of distressed seamen. left 1854, s. part 18 & 19 213. (a.) Any seaman (e) or apprentice (f) belonging British ship (g), who has been discharged or behind abroad, without full compliance on the of the master with the provisions in that behalf in Vict. c. 19, this Act contained (1); (b.) A subject of Her Majesty, who has been engaged to serve in a ship (e) belonging to the Government or to a subject or citizen of a foreign country, either for his maintenance, necessary clothing, conveyance home, or, in case of death, for his burial, or otherwise in accordance with this Act are incurred by or on behalf of the Crown, or are incurred by the Government of a foreign country, and repaid to that Government by or on behalf of the Crown, those expenses, together with the wages (e), if any, due to the seaman (e) or apprentice (ƒ), shall be a charge upon the ship (e), whether British (g) or foreign, to which such distressed seaman (k) or apprentice belonged, and shall be a debt to the Crown from the master (e) of the ship, or from the owner of the ship for the time. being, and also, if the ship be a foreign ship, from the (d) § 192, s. 1. (e) Defined, § 742. (f) §§ 105-109. (g) See note to § 1. (h) Includes refusal; § 742. (i) How recovered, §§ 680-684; how applicable, §§ 699, 716. (k) § 191, s. 1. (1) §§ 186-189. 8. 16. Payment of ex penses out person, whether principal or agent, who engaged the seaman (m) or apprentice (n) for service in the ship (o). (2.) The debt, in addition to any fines which may have been incurred (p), may be recovered by the Board of Trade on behalf of the Crown either by ordinary process of law, or in the court and manner in which wages may be recovered by seamen (q). (3.) In any proceeding for such recovery (q) the production of the account (if any) of the expenses furnished in accordance with this Act (r) or the distressed seamen regulations (s), and proof of payment of the expenses by or on behalf of the Board of Trade, shall be sufficient evidence that the expenses were incurred or repaid under this Act by or on behalf of the Crown (†). 194. All expenses paid under this Act (t) by or on behalf of the Crown for the relief of distressed seamen (u), shall of mercan- be paid out of the Mercantile Marine Fund (r), and all sums received or recovered towards those expenses shall be carried to that fund (x). tile marine fund. Vict. c. 55, the Navy. allowed to Volunteering into the Navy (y). 195.-(1.) A seaman (m) may leave his ship (m) for the purpose of forthwith entering the naval service of Her Seamen Majesty, and in that case shall not by reason of so leaving leave their his ship be deemed to have deserted therefrom (z), or ships in otherwise be liable to any punishment or forfeiture whatever (a). order to enter the navy. 1854, s. 214. (2.) A stipulation introduced into any agreement whereby a seaman (m) is declared to incur a forfeiture or be exposed to a loss in case he enters the naval service of Her Majesty shall be void, and if a master (m) or owner (b) causes any such stipulation to be so introduced he shall for each offence be liable to a fine not exceeding twenty pounds (c). of seamen navy. 215. 196.—(1.) If a seaman (d), without having previously Money committed an act amounting to and treated by the master and effects as desertion (e), leaves his ship (d) in order to enter the volunteernaval service of Her Majesty, and is received into that ing into service, the master (d) shall deliver to him his effects on 1854, s. board the ship, and shall pay, subject to all just deductions (f), the proportionate amount of his wages (d) down to the time of his entering Her Majesty's service, to the officer authorized to receive the seaman (d) into that service (g), either in money or by bill drawn upon the owner, and payable at sight to the order of the AccountantGeneral of the Navy; and the receipt of that officer shall be a discharge for the money or bill so given; and the bill shall be exempt from stamp duty. (2.) If the master (d) fails (h) so to deliver the seaman's effects, or to pay his wages (d), as by this section required, he shall, in addition to his liability to deliver and pay the same, be liable for each offence to a fine not exceeding twenty pounds (c). (3.) If any such bill be not duly paid when presented, the Accountant-General of the Navy or the seaman (d) on whose behalf the bill is given, may sue thereon, or may recover the wages (d) due by all or any of the means by which wages (d) due to seamen are recoverable (i). 197.-(1.) Where the wages (d) of a seaman (d) received into Her Majesty's naval service are paid in money, the money shall be credited in the ship's ledger to the account of the seaman. (2.) Where the wages are paid by bill, the bill shall be noted in the ship's ledger, and sent to the AccountantGeneral of the Navy, who shall cause the same to be (c) How recovered, §§ 680-684; how applied, §§ 699, 716. (d) Defined § 742. (e) § 221; and see The Amphitrite (1832), 2 Hagg. 403. (ƒ) § 132. (g) To be entered in the official Wages of event navy. seamen received into 1854, ss. 215-220. |