boy put on board, specifying the day they embark; and he Form (C. 16) will also fill up, sign, and deliver to the master of the vessel in Appendix. an order in the Form (C. 16) in the Appendix. Expense, Treatment of men on board. S. 212. S. 245. Steps to be taken in case of refusal to take the men. S. 212. 85. The Consul is not to pay masters of merchant vessels bringing home distressed seamen, but is to inform them that upon their arrival at any port in the United Kingdom, they are to deliver the aforesaid order to the shipping master, having previously filled up and signed the declaration at the foot thereof. Proof will be required by the Shipping Master that the seamen have been landed, to enable him to sign the certificate to that effect. The order will be forwarded by the shipping master to the Registrar-General of Seamen, who will send it to the Board of Trade, and an order for payment will be made to the master or owner at the rate of 1s. a man per day for every man brought home who has not acted during the voyage as one of the crew of the vessel. When distressed seamen are sent home to any British possession abroad, by a Colonial or other vessel not bound to the United Kingdom, the order is to be delivered by the master, after making the required declaration to the Collector of Customs at the port, who will either take steps for paying it at once, or transmit it to the Registrar-General of Seamen, to be sent to the Board of Trade; and, in the latter case, payment will be authorized either in the Colony or in the United Kingdom, as the Master or Owner may by written order direct. In the case of foreign seamen sent to their own country, the same course will be pursued, except that the order will be delivered to Her Britannic Majesty's Consul there, instead of to the Collector of Customs. He will then pay the amount, and charge it in his accounts. 86. The Consul will point out to the master of the ship in which seamen are sent home, that he is bound, under a heavy penalty, to provide them with berths effectually protected against sea and weather, and that if this is not done, and if their subsistence and treatment is not what it should be, he will not be entitled to reimbursement. He will also point out that the men sent home are subject to the same rules of discipline as the crew. 87. As no prosecution can be instituted with success against the masters of merchant ships for refusing to take a scaman on board for a passage to a British port, without proper evidence, the Consul is in all such cases of refusal (unless there is some good reason for it) to make a formal re quisition to the master in writing, and to send a copy of such requisition to the Board of Trade, with the answer of the master (if any), and is also to see that the distressed seaman himself is present when the requisition is delivered to the master, and is to desire him, upon his subsequently obtaining a passage home, to call as soon as he arrives in this country, either upon the Registrar-General of Seamen in London, or, if he is at an outport, upon the Shipping Master there. The Consul will also give the seaman a letter addressed to the Secretary of the Board of Trade, containing a statement of the circumstances of the case, to be delivered to the Registrar or Shipping Master, as the case requires; on the outside of letter is to be written a direction instructing the bearer to leave his address with the Registrar or Shipping Master, and a duplicate of the letter is to be sent to the Board of Trade by the Consul, with the copy of the requisition and answer above referred to. emergency. 88. Whenever there are no British merchant vessels in Foreign ships may which distressed seamen can be sent home, and the Consul be used in thinks it desirable, in order to avoid delay and expense, to cases of engage a passage for them in foreign merchant vessels, he is at liberty to do so, but is in such cases to avoid, if practicable, making any payment beforehand for such passage, but to furnish the master with the requisite forms and information for his guidance in claiming payment from the Board of Trade. This may be done through the Foreign Consul at the port to which the vessel is bound, who will transmit the necessary forms to the Board of Trade, stating the date when the men were landed, and directions will then be given for the payment. expenses 89. In all cases where relief is given to seamen who have Recovery of been left behind by the master without full compliance with the provisions of the Act (see paragraphs 45 to 64), a separate account, in form (C. 18), in the Appendix, is to be forwarded in Appendix. with the vouchers, so as to enable the Board of Trade to recover the sums expended from the owners. Wages and Effects of deceased Seamen. account for 90. The Act makes careful provision for the collection and Master to distribution of the wages and effects of seamen and appren- wages and tices who, being engaged or sent home in a ship which is to effects of terminate her voyage in the United Kingdom, die before the during a voyage is completed. To effect this, it is provided, that in s. 194. K men dying voyage. In certain cases of death at sea, to demand the wages, &c. all such cases the master is to take charge of all money, clothes, and effects, which the deceased leaves on board; and if he thinks fit, to cause all or any of the said clothes and effects to be sold by auction at the mast or other public auction, and is thereupon to sign an entry in the official log-book containing the following particulars: (that is to say), (a). A statement of the amount of the money, and a description of the effects so left by the deceased: (b). In case of a sale, a description of each article sold, and the sum received for each: (c). A statement of the sum due to the deceased as wages, and the total amount of the deductions (if any) to be made therefrom; And is to cause such entry to be attested by a mate and by one of the crew. 91. If ships touch and remain 48 hours at a foreign port, the Consul will inquire whether any seaman or apprentice the Consul is has died during the voyage, or at the port, and will, if and receive necessary, call for the official log book, or other papers. It is the master's duty to report these particulars, but the Consul will take care nevertheless to make the inquiry. In Form (C. 15) in Appendix. cases where such a death has happened, and the Consul after inquiry finds that the vessel is not returning immediately to the United Kingdom, and that payment of the wages and effects of the deceased, if delayed until such return, will retard settlement of the claims of relatives beyond the time at which such settlement might be completed if the property were remitted by the Consul, he will require from the master the payment of the wages either in cash or by bill on the owners, and the delivery of the effects (or of An the proceeds of the effects, if sold) of the deceased. account in the Form (C. 15) in the Appendix must be delivered by the master to the Consul, who will examine it by comparing it with the agreement and official log book, and will allow such deductions from wages only as he is satisfied are just and lawful. The Consul will notice and point out, if necessary, the heavy penalties to which masters are liable should they make default in accounting for the wages, etc., and if default is made, he will report the case to the Board of Trade, and indorse on the articles of the ship a notice thereof. S. 196. Expenses at tendant on 92. The rules for determining whether expenses attendant death. on illness or death are to be borne by the owner or to be illness or deducted from the wages of the seaman will be found in s. 228. section 228. With regard to burial expenses, it is to be observed that the sum to be deducted must be reasonable. The sums actually charged are often exorbitant, and the Consul will therefore be careful to disallow so much of any such charge as is not reasonable and necessary. charge on 93. A master has no power at law to detain a seaman's Advance no effects in order to cover advances made to him; and no such effects. deduction will be allowed by the Board of Trade, except in cases where the effects consist of articles supplied by the Master, which are still unpaid for, or of money detained as a set-off against the advances. S. 195. 94. Upon receipt of the money and effects, the Consul will Consul to indorse upon the agreement of the ship, and sign a certificate give receipt. or receipt, stating the sum of money and articles received by him. The account in the Form (C. 15) he will transmit with Form (C. 15) his accounts to the Board of Trade. He will also in all in Appendix. cases certify on the agreement of the ship, either that he has or has not demanded and received such wages and effects. with. 95. In general, it will be desirable that the effects of Effects, how deceased seamen enumerated in the Form (C. 15) and deli- to be dealt vered to the Consul should be sold by him; and when this Forms (C. 15) and (C. 17) is done, the proceeds must be added to the amount of wages in Appendix. entered on the Form; there may, however, be special cases, in which it is desirable for the benefit of relatives that certain effects should be sent home, and in such cases the Consul will endeavour to send them free of expense, and with as little delay as possible. They are to be addressed to the shipping-master at the port in the United Kingdom to which the vessel in which they are sent is bound, with a Form (C. 17) in the Appendix filled up and directed to the shipping-master. Money and effects of seamen belongBritish ship 96. When any seaman belonging to any British ship which is to terminate her voyage in the United Kingdom, dies (at the port) leaving money or effects on shore, the Consul is to ing to a claim and receive such money and effects, and to sell the dying at the effects, except in such special cases as are referred to above port. (paragraph 95), and to transmit full particulars of the sale Form (C. 14) in Appendix. to the Board of Trade. He will credit the proceeds and the money left (if any) in his account current under the head of proceeds of effects of seamen dying at the port. For every S. 195, 197. Wages and effects of sea within the Consulate. S. 197. Forms (C. 14), (C. 15), and (C. 26), in Appendix. seaman so dying, a separate account should be made out in Form (C. 14) in the Appendix, showing the amount received for wages and effects, and the amount disbursed for expenses, and should be sent to the Board of Trade. This account must be sent in all cases, whether any balance remains due to the estate of the deceased seaman or not. 97. Subject and without prejudice to the provision made men dying by the foregoing Instructions for the cases therein mentioned, the Consul will also in every case in which any British seaman, in whatever service he may have been engaged, dies either on board or on shore within the limits of the Consulate, do his utmost to claim, receive, remit, and account for the wages and effects. In cases where the men are discharged, he will act as mentioned above (paragraphs 45 to 64). In cases in which seamen die without having been discharged, whilst their ship is still at the port, he will act in like manner, so far as circumstances permit: In other cases, he will do his utmost to obtain all the money and effects which belong to the men, and are at the place, and he will then deal with, and remit and account for them in precisely the same manner, so far as circumstances permit. In all cases, all money received must be entered in his accounts with the Board of Trade, under the proper head, and a separate form (C.14) or (C. 15), as the case may be, must be sent for each man, whether any balance remains due to his estate or not. An account of the proceeds of the sale of the effects belonging to and money in possession of such seamen is to be sent to the Board of Trade quarterly. See Form (C. 25) in Appendix. Seamen's Estates and effects of Masters. 98. The Consul will observe and point out to parties who are interested, that in order to entitle persons claiming under a seaman's will to demand his effects from the Board of Trade, it must be shown that the will, if executed on board ship, was executed in the presence of and attested by the master or mate, and if on shore, in the presence of certain official persons mentioned in the Act. 99. The foregoing instructions relate to all persons employed in the service of any British ships, except masters. Their effects, if they die in foreign ports, are to be treated in the same manner as those of other British subjects. If, however, they have Certificates of Competency or Service, these should be sent to the Registrar-General of Scamen, Custom-house, London. |