Page:Encyclopædia Britannica, Ninth Edition, v. 21.djvu/633

Rh SEAMEN 607 other Acts, such as the Chain Cables and Anchors Acts, enforcing a minimum strength of cables and anchors, and the Passenger Acts, under which a proper supply of life-boats and life-buoys must be provided. The duties of the seamen appear to be to obey the master in all lawful matters relating to the navigation of the ship and to resist enemies, to encourage him in which he may become entitled to prize money under 22 and 23 Car. II. c. 11 (see PRIZE). Any services beyond these would fall under the head of salvage service and be recompensed accordingly. There are, certain offences for which the seaman is liable to be summarily punished tinder the Act of 1854. They comprise desertion, neglect or refusal to join his ship or absence without leave, quitting the ship without leave before she is placed in security, wilful disobedience to a lawful command, either on one occasion or continued, assault upon a master or mate, combining to disobey lawful commands or to neglect duty or to impede the navigation of the ship or the progress of the voyage, wilful damage to the ship, or embezzlement of or wilful damage to her stores or cargo, and smuggling. The punish- ment varies from forfeiture of all or part of his wages to twelve weeks' imprisonment (s. 243, as amended by the Merchant Seamen Act, 1880). A master, seaman, or apprentice who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction, or serious damage of the ship or to immediately endanger the life or limb of any person belonging to or on board of the 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 the ship from immediate loss, destruc- tion, or serious damage, or for preserving any person belonging to or on board of the ship from immediate danger to life or limb, is guilty of a misdemeanour (s. 239). A seaman is also punishable at common law for piracy and by statute for piracy and offences against the Slave Trade Acts. A riotous assembly of seamen to prevent the loading or unloading of any ship or to prevent others from working is an offence under 33 Geo. III. c. 67 (see RIOT). Deserters from Portuguese ships are punishable by 12 and 13 Viet. c. 25, and from any foreign ship by 15 and 16 Viet. c. 26, of course by virtue of conventions with Portugal and other foreign powers. The rating of seamen is now regulated by the Merchant Seamen Act, 1880. By that Act a seaman is not entitled to the rating of " A.B." unless he has served four years before the mast, or three years or more in a registered decked fishing vessel and one year at sea in a trading vessel (43 and 44 Viet. c. 16, s. 7). The Act of 1854 enabled contributions to seamen's refuges and hospitals to be charged upon the mercantile marine fund. As a matter of fact, however, there appears to be no grant in support of seamen's hospitals out of any public funds. The principal seamen's hospital is that at Green- wich, established in 1821 and incorporated by 3 and 4 Will. IV. c. 9 under the name of "The Seaman's Hospital Society." Up to 1870 this hospital occupied the old "Dreadnought" at Greenwich, but in that year it obtained the old infirmary of Greenwich Hospital from the admiralty at a nominal rent, in return for which a certain number of beds are to be at the disposal of the admiralty. The hospital is supported by voluntary contributions, including those of many foreign Governments, and has between its foundation and the end of 1884 relieved no less than 253,629 seamen of all nations. There is also a dispensary for seamen at the London Docks, and a floating hospital at Cardiff, equally supported by voluntary con- tributions. At one time there was an enforced contribution of six- pence a month from the pay of masters and seamen towards the funds of Greenwich Hospital, levied under the powers of some of the Greenwich Hospital Acts. The payment of these contributions enabled them to receive annuities from the funds of the hospital. These "Greenwich Hospital sixpences," however, became the source of very considerable irritation and have now been discontinued. In their place a purely voluntary seamen's provident fund has been established, its object being to persuade seamen to subscribe six- pence a month towards the seamen's hospital. The remedies of the seaman for wages are an ordinary action in the Queen's Bench Division or plaint in a county court, an action til rcm or in personam in the Admiralty Division of the High Court (in Scotland in the Court of Session), a Vice- Admiralty Court, or a county court having admiralty jurisdiction, or summary proceed- ings before justices, naval courts, or superintendents of mercantile marine offices. The master has now the same remedies as the sea- man for his wages, under which are included all disbursements made on account of the ship. At common law he had only a personal action against the owner. He has the additional advan- tage of being able to insure his wages, which a seaman cannot do. A common law action for wages is seldom brought, the statutory remedies being more convenient. By the Admiralty Court Act, 1861, the High Court of Justice (Admiralty Division) has juris- diction over any claim by a seaman of any ship for wages earned by him on board the ship, whether the same be due under a special contract or otherwise (24 Viet. c. 10, s. 10). This section has been liberally construed and held to apply to such persons as a surgeon, purser, pilot, carpenter, and steward. The court can entertain claims by foreign seamen against a foreign ship, on notice being given to the consul of the foreign country. If he protest, the court has a discretion to determine whether the action shall pro- ceed or not. A claim for wages in the High Court must be brought within six years (4 and 5 Anne, c. 3, s. 17). The Vice-Admiralty Court Act, 1863, gives jurisdiction in claims for wages irrespective of amount to vice-admiralty courts. A county court having admir- alty jurisdiction ma}' entertain claims for wages where the amount claimed does not exceed 150 (31 and 32 Viet. c. 71, s. 3). The jurisdiction of the inferior court is protected by the proviso that, if the action be brought in the High Court for a claim not exceed- ing 150, the plaintiff may be condemned in costs, and will not be entitled to costs if he recover less than this sum, unless the judge certifies that it was a proper case to be heard in the High Court (s. 9). In actions in all courts of admiralty jurisdiction the seaman has a maritime lien on the ship and freight, ranking next after claims for salvage and damage. The amount recoverable summarily before justices is limited to 50. Orders may be en- forced by distress of the ship and her tackle. Proceedings must be taken within six months. A naval court on a foreign station may determine questions as to wages without limit of amount. As a rule a seaman cannot sue abroad for wages due for a voyage to terminate in the United Kingdom. The superintendent of a mercantile marine office has power to decide any question whatever between a master or owner and any of his crew which both parties in writing agree to submit to him. These summary remedies are all given by the Act of 1854. The Merchant Seamen Act, 1880, further provides that, where a question as to wages is raised before a superintendent, if the amount in question does not exceed 5, the superintendent may adjudicate finally, unless he is of opinion that a court of law ought to decide it. The same Act extends the provisions of the Employers and Workmen Act, 1875, to seamen. The Act of 1875 itself specially excluded them. A county court or court of summary jurisdiction (the latter limited to claims not exceeding 10) may under the Act of 1875 determine all disputes between an employer and workman arising out of their relation as such. The jurisdiction of courts of summary jurisdiction is pro- tected by the enactment of the Act of 1854 that no proceeding for the recovery of wages under 50 is to be instituted in a superior court unless either the owner of the ship is bankrupt, or the ship is under arrest or sold by the authority of such court, or the justices refer the case to such court, or neither owner nor master is or resides within 20 miles of the place where the seaman is put ashore (s. 189). It should be noticed that claims upon allotment notes may be brought in all county courts and before justices without any limit as to amount (s. 169). In Scotland the sheriff court has concurrent jurisdiction with justices in claims for wages and upon allotment notes. l Fishermen. The regulations respecting fishermen are contained chiefly in the Sea Fisheries Acts, 1868 and 1883, and in the Mer- chant Shipping (Fishing- Boats) Act, 1883. The Sea Fisheries Act of 1868 constituted a registry of fishing-boats, and that of 1883 gave powers of enforcing the provisions of the Acts to sea-fishery officers. The Merchant Shipping (Fishing-Boats) Act was passed in consequence of the occurrence of some cases of barbarous treat- ment of boys by the skippers of North Sea trawlers. The Act pro- vides, inter alia, that indentures of apprenticeship are to be in a certain form and entered into before a superintendent of a mercantile marine office, that no boy under thirteen is to be employed in sea- fishery, that agreements with seamen on a fishing-boat are to con- tain the same particulars as those with merchant seamen, that running agreements may be made in the case of short voyages, that reports of the names of the crew are to be sent to a superintendent of a mercantile marine office, and that accounts of wages and cer- tificates of discharge are to be given to seamen. No fishing-boat is to go to sea without a duly certified skipper. Provision is also made for special reports of cases of death, injury, ill-treatment, or punishment of any of the crew, and for inquiry into the cause of such death, &c. Disputes between skippers or owners and seamen are to be determined at request of any .of the parties concerned by a superintendent. For special privileges of fishermen in the use of the seashore, see RIPARIAN LAWS. They are also exempt from Trinity House dues. There are numerous police provisions con- tained in various Acts of Parliament dealing with the breach of fishery regulations. These provisions act as an indirect protection to honest fishermen in their employment. The rights of British fishermen in foreign waters and foreign fishermen in British waters are in many cases regulated by treaty, generally confirmed in the United Kingdom by Act of Parliament. A royal fund for widows and orphans of fishermen has recently been formed, the nucleus of the fund being part of the profits of the Fisheries Exhibition held in London in 1883. United States. The law of the United States is in general accord - 1 See the works on merchant shipping, such as those of Abbott, Maclachlan, Maude and Pollock ; Roscoe, Admiralty Law and Practice ; Williams and Bruce, Admiralty Practice ; also Roscoe, Modern Legislation for Seamen and for Safety at Sea, 1885.