presented for payment, and shall credit the produce thereof to the account of the seaman. (3.) An officer who receives any such bill shall not be subject to any liability in respect thereof, except for the safe custody thereof until sent to the Accountant-General as aforesaid. (4.) The wages (k) of the seaman shall not be paid to him until the time at which he would have been entitled to receive the same if he had remained in the service of the ship (k) which he has quitted for the purpose of entering Her Majesty's service. (5.) If the owner (1) or master (k) of the ship shows to the satisfaction of the Admiralty, that he has paid or properly rendered himself liable to pay, an advance (m) of wages to or on account of the seaman (k), and has satisfied that liability, and that the seaman has not at the time of quitting his ship duly earned the advance by service. therein, the Admiralty may pay to the owner or master (k) so much of the advance as had not been duly earned, and deduct the sum so paid from any wages (k) of the seaman (k) earned or to be earned in the naval service of Her Majesty. (6.) Where in consequence of a seaman (k) so leaving his ship and entering Her Majesty's service, it becomes necessary for the safety and proper navigation of the ship to engage any substitute, and the wages or other remuneration paid to the substitute for subsequent service exceed the wages or remuneration which would have been payable to the seaman under his agreement (n) for similar service, the master (k) or owner (1) of the ship may apply to the High Court for a certificate authorizing the repayment of the excess, and the application shall be made and the certificate granted in accordance with rules of court (0). (k) Defined, § 742. (1) Would include an equitable owner liable to pay wages. to § 58. (m) § 140. (n) § 113. See note (0) This provision is substituted for the elaborate procedure contained in § 218 of the Act of 1854. Rules of court have been (Dec. 10, 1894) made directing as follows: 3. (1.) Any application to the High Court under § 197 of the Act shall be made to the Admiralty Registrar, and shall be in such form and shall be accompanied by such documents and by such statements, whether on oath or otherwise, as the President of (7.) The certificate (p) shall be sent to the applicant or his solicitor or agent, and a copy thereof shall be sent to the Accountant-General of the Navy; and the AccountantGeneral shall, upon delivery to him of the original certificate together with a receipt in writing purporting to be a receipt from the applicant, pay to the person delivering the certificate, out of the moneys granted by Parliament for Navy services, the amount mentioned in the certificate; and the certificate and receipt shall absolutely discharge the Accountant-General and Her Majesty from all liability in respect of the moneys so paid or of the application thereof. (8.) If any person in making or supporting any application under this section (a.) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered, any document; or (b.) presents or makes use of any document so forged or fraudulently altered; or (2.) The registrar shall on receiving the application, give written notice thereof and of the sum claimed to the Admiralty, and shall proceed to examine the application, and shall, if necessary, apply to the RegistrarGeneral of Shipping and Seamen to produce any papers in his possession relating thereto, and may call for further evidence. (3.) If the registrar considers that the whole of the claim is just, he shall give a certificate accordingly; but if he considers that the claim or any part thereof is not just, he shall give notice of his opinion, in writing under his hand, to the person making the application, or his solicitor or agent. (4.) If within 16 days from the giving of the last-mentioned notice the person to whom the notice is given does not cause to be left at the Admiralty Registry a written notice demanding that the application be referred to the judge, the registrar shall finally decide thereon, and certify accordingly. (5.) If the notice is left as aforesaid, the application shall stand referred to the judge in chambers, and his decision thereon shall be final, and the registrar shall certify the same accordingly. (6.) The judge and registrar shall in any proceeding under these Rules have full power to administer oaths, and to exercise all the ordinary powers of the court, as in any other proceeding within its jurisdiction; and the judge or registrar (as the case may be) may, if he thinks fit, allow for the costs of any such proceeding any sum not exceeding £5 for each seaman in respect of whom application is made; and that sum I shall be added to the sum authorized to be repaid under the Act, and shall be certified by the registrar accordingly. 4. These Rules may be cited as "The Rules of the Supreme Court (Merchant Shipping), 1894.” See Appendix, 2. (p) Sub-s. 6. Provisions, Health, and Ac commoda tion. Com to pro (c.) gives, assists in giving, or procures to be given, any that person shall in respect of each offence be guilty of a Provisions, Health, and Accommodation (r). 198.-(1.) If three or more of the crew (s) of a British (t) ship (u) consider that the provisions or water for the use of the crew are at any time of bad quality, unfit for use, or plaints as deficient in quantity, they may complain thereof to any of the following officers, namely, an officer in command of one of Her Majesty's ships, a British consular officer (x), a superintendent (y), or a chief officer of customs (u), and the officer may either examine the provisions or water complained of or cause them to be examined. visions or water. 1854, ss. (2.) If the officer, or person making the examination, finds that the provisions or water are of bad quality and unfit for use, or deficient in quantity, he shall signify it in writing (2) to the master (u) of the ship (u), and if the master of the ship does not thereupon provide other proper provisions or water in lieu of any so signified to be of bad quality and unfit for use, or does not procure the requisite quantity of any provisions or water so signified to be deficient in quantity, or uses any provisions or water so signified to be of bad quality and unfit for use, he shall for each offence be liable to a fine not exceeding twenty pounds (q). (3.) The officer directing, or the person making, the examination shall enter a statement of the result of the (q) Procedure, $$ 680-684; fine how applicable, §§ 699, 716. (r) As to application of this part, see Preliminary Note to Part II., and §§ 260-263. (8) "Crew" is not defined. See discussion of its meaning in notes to §§ 113, 114. (t) Note to § 1. (x) Int. Act, 1889, § 12, s. 20. (z) Includes "print;" Int. Act 1889, § 20. examination in the official log-book (a), and send a report thereof to the Board of Trade, and that report shall be admissible in evidence in manner provided by this Act (b). Allowance for short or bad pro (4.) If the said officer certifies in that statement that there was no reasonable ground for the complaint, each of the complainants shall be liable to forfeit (c) to the owner out of his wages (d) a sum not exceeding one week's wages. 199. In either of the following cases; (that is to say,) (i.) if during a voyage the allowance of any of the provisions for which a seaman (d) has by his agreement (e) visions. stipulated is reduced (ƒ) (except in accordance with any 223. regulations for reduction by way of punishment contained in the agreement with the crew (e), and also except for any time during which the seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore); or (ii.) if it is shown that any of those provisions are or have during the voyage been bad in quality and unfit for use; the seaman (d) shall receive, by way of compensation for (a.) if his allowance is reduced by not more than (c.) in respect of bad quality as aforesaid, a sum But if it is shown to the satisfaction of the court (d) before 1854, s. Regulations re specting butics, &c. 30 & 31 Vict. c. 124, ss. 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 those circumstances into consideration, and shall modify or refuse compensation as the justice of the case requires (h). 200.-(1.) The Board of Trade shall issue scales of medicines and medical stores suitable for different classes medicines, of ships (i) and voyages, and shall also prepare or sanction anti-scor- books containing instructions for dispensing the same. (2.) The owner (k) of every ship (i) navigating between the United Kingdom and any place out of the same shall 4 and 5. provide and cause to be kept on board a supply of medicine and medical stores according to the scale appropriate to the ship (1), and also the said books (1) or one of them. (3.) The master (i) or owner (k) of every such ship (m), except in the case of (a.) ships bound to European ports (i) or ports (i) in the Mediterranean Sea; and (b.) such ships or classes of ships bound to ports (i) on the eastern coast of America, north of the thirty-fifth degree of north latitude, and to any islands or places in the Atlantic Ocean north of the same limit as the Board of Trade may exempt; shall provide and cause to be kept on board a sufficient quantity of anti-scorbutics in accordance with the regulations in the Fifth Schedule to this Act (n), and those regulations shall have effect as part of this section, and the master (i) shall serve out the anti-scorbutics to the crew according to the said regulations, and if a seaman (i) or apprentice (0) refuses or neglects to take the anti-scorbutics when served out, that fact shall be entered in the official log-book (p), and the entry shall be signed by (h) The court may also give (1) § 200, s. 1. (m) § sub-s. 2. (n) In British possessions, see § 205 (b.). (0) §§ 105-109. (p) §§ 239, 240. |