Provisions.—For the benefit of seamen it has been enacted that every vessel bound on a voyage across the Atlantic, shall have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of wholesome ship bread, and one hundred pounds of salted flesh meat, over and above the stores of master or passengers, and the live stock. And if the crew of any vessel not so provided shall be put upon short allowance of water, flesh, or bread, such seaman shall recover from the master double wages for every day he was so allowanced.[163] The same rule applies to other voyages than those across the Atlantic, and the amount of provisions stowed below must be in proportion to the length of the voyage, compared with one across the Atlantic.[164] It also applies to seamen shipped in foreign ports, as well as to those shipped in the United States.[165] It has been thought that if the articles enumerated cannot be procured, the master may substitute other wholesome provisions; but it is doubtful whether even this will free him from the penalty; at least it will not unless he can show that it was impossible to procure them at the last port of departure.[166]
Besides this special enactment, a seaman may always recover damages of a master who unnecessarily and wantonly deprives him of sufficient food and nourishment.[167] If, however, the short allowance is caused by inevitable accident, without any fault of the master or owner, or is a matter of fair discretion in a case of common danger, the master is not liable. Another law of the United States provides that if any master or other officer shall wilfully and without justifiable cause withhold suitable food and nourishment from a seaman, he shall be fined not exceeding $1000 and imprisoned not exceeding five years.[168] The master may at any time, at his discretion, put the crew upon an allowance of water and eatables; but if it is a short allowance, he must be able to give a justifying reason.
Sickness. Medicine-chest.—Every vessel of one hundred and fifty tons or upwards, navigated by ten or more persons in all, and bound on a voyage beyond the United States, and every vessel of seventy-five tons or upwards, navigated by six or more persons in the whole, and bound from the United States to any port in the West Indies, is required to have a chest of medicines, put up by an apothecary of known reputation, and accompanied by directions for administering the same. The chest must also be examined at least once a year, and supplied with fresh medicines.[169]
In case of dispute, the owner must prove the sufficiency of the medicine-chest. It does not lie with the seaman to prove its insufficiency.[170]
If a vessel has a suitable medicine-chest on board, it would seem that the ship is not to be charged with the medicines and medical advice which a seaman may need. But the ship is still liable for the expenses of his nursing, care, diet, and lodging.[171] Accordingly, if a seaman is put on shore at a hospital or elsewhere, for his cure, the ship is chargeable with so much of the expense as is incurred for nursing, care, diet, and lodging; and unless the owner can specify the items of the charge, and show how much was for medical advice, and how much for other expenses, he must pay the whole.[172] The seaman is to be cured at the expense of the ship, of a sickness or injury sustained in the ship's service;[173] but if he contracts a disease by his own fault or vices, the ship is not chargeable.[174] A sick seaman is entitled to proper nursing, lodging, and diet. If these cannot be had, or are not furnished on board the vessel, he is entitled to be taken on shore to a hospital, or to some place where these can be obtained. It is often attempted to be shown that the seaman was put on shore at his own request. This is no defence. He is entitled to be put on shore if his disease requires it; and it is seldom that proper care can be taken of a seaman on board ship.[175]
If a seaman requires further medicines and medical advice than the chest and directions can give, and is not sent ashore, it would seem that the ship ought to bear the expense; but this point has never been decided.[176] If the medicine-chest can furnish all he needs, the ship is exempted.[177]
Hospital Money.—Every seaman must pay twenty cents a month, out of his wages, for hospital money. This goes to the establishment and support of hospitals for sick and disabled seamen.[178]
Relief in Foreign Ports.—If a vessel is sold in a foreign port and her crew discharged, or if a seaman is discharged with his own consent, he can receive two months' extra wages of the consul, who must obtain it of the master.[179] This applies only to the voluntary sale of the vessel, and not when the sale is rendered necessary by shipwreck. If, however, after the disaster the vessel might have been repaired at a reasonable expense and in a reasonable time, but the owner chooses to sell, the two months' pay is due. To escape the payment, the owner must show that he was obliged to sell.[180]
It is also the duty of the consuls to provide subsistence and a passage to the United States for any American seamen found destitute within their districts. The seamen must, if able, do duty on board the vessel in which they are sent home, according to their several abilities.[181]
The crew of every vessel shall have the fullest liberty to lay their complaints before the consul or commercial agent in any foreign port, and shall in no respect be restrained or hindered therein by the master or any officer, unless sufficient and valid objection exist against their landing. In which case, if any seaman desire to see the consul, the master must inform the consul of it forthwith; stating, in writing, the reason why the seaman is not permitted to land, and that the consul is desired to come on board. Whereupon the consul must proceed on board and inquire into the causes of complaint.[182]