Encyclopaedia Britannica > Volume 21, ROT-Siam

607
SEAMEN
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 under 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 ov 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
in rem 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 may 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.1
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; Boscoe, Admiralty Law and Practice; Williams and
Bruce, Admiralty Practice ; also Boscoe, Modern Legislation for Seamen and for
Safety at Sea, 1885.