Various laws for the protection of seamen, 1846 to 1854.
In 1846, and again in 1848, further Acts were passed having the same laudable object in view, and these, with all the other Acts, including the important Act of 1850, to which I have already referred at length,[244] were carefully revised and improved by the great Act of 1854, and by subsequent measures. Nor have the health and interests of seamen, as well as the preservation of their lives from shipwreck, been overlooked in this mass of legislation. In 1835, a register office for seamen and apprentices was established, but the system, not answering the objects in view, was abolished in 1853. By the Acts of 1844[245] and 1845[246] seamen were enabled to recover their wages summarily, and they were, for the first time, protected from imposition at the hands of crimps. By these laws, all merchant ships were required to carry a sufficient supply of medicine, as also of lime-juice for the use of the crew; and, by the Act of 1854, the proceedings for the recovery of wages were made still more summary, so that, under our present maritime laws, seamen have special remedies for the recovery of their wages, together with a lien on the ship not granted to any other class of the community. Beyond the advantages of savings-banks and money-order offices, specially for their use, a system has been established, through the medium of the shipping offices and the consulates abroad, under which, seamen, when paid off, can remit their wages without expense to their relatives at any port in the United Kingdom.[247]
Agitation about “unseaworthy ships,” 1855.
Further provisions for the benefit of seamen,
In 1855, a question arose very similar to that which has recently arisen regarding “unseaworthy ships,” as to whether seamen could be compelled to go to sea in them. The opinion of the law-officers of the Crown taken by the Board of Trade was given in favour of the seaman’s right to refuse to sail in such vessels, and this opinion, having been sent to the magistrates at the seaports, has ever since been acted on, though it has been frequently abused by unprincipled seamen, who have alleged unseaworthiness as an excuse for being relieved from their engagements, more especially in cases where they have received a payment of wages in advance, or where they have thought they could improve their position. Nor did the efforts of the Board of Trade, the permanent officers of which have been frequently charged with neglecting the interests of seamen, here end. In 1864, that Board, aware of the difficulty seamen accused of desertion might have in proving unseaworthiness, recommended the Home Office to inform the magistrates that, in all such cases, their surveyors would be at the disposal of the magisterial bench for the purposes of survey, so that seamen might have, at the expense of the community, what no other class is allowed, easy and ready means of inquiring into their complaints by officers remunerated by the Crown, and, consequently, an economical and prompt dispensation of justice.
1867,
In 1867, another Act was passed, specially for the benefit of seamen, known as the Health Act,[248] which made further provision for the inspection and safe custody of lime-juice or other anti-scorbutics, and for serving these out in proper quantities and with regularity to the crews of merchant ships. Provision was also made in this Bill, compelling shipowners to bear all expenses connected with a seaman’s illness, when not brought about by his own fault or misconduct, and for securing him increased and improved accommodation on board ship.
1869, 1870.
Nor did the good intention of the Government and its regard for the interests of seamen end even here. In the Merchant Shipping Code Consolidation Bill,[249] first introduced on the 9th August, 1869, by Mr. Lefevre, on behalf of Government, there is a provision (Clause 278) enabling seamen, charged with desertion or other crimes, to demand and obtain an official survey of the ship from which they have thought it expedient to quit without leave!—a provision so very liberal in their favour as to resemble, on the part of the Government, almost encouragement of the offence of desertion. In this Bill we have also a clause (334) which, for the first time in our legislation, requires every shipmaster to make an official record of the draught of water of the vessel under his charge when leaving port. And the Bill, when again introduced in 1870, repeated, with modifications still further in favour of seamen charged with desertion, their power to demand “impartial survey;” while it enables the officers of the Board of Trade to take and record the draught of water of any sea-going ship, and makes it a misdemeanour on the part of any shipowner who sends his ship to sea in an unseaworthy state, for which he may be criminally punished.
Mr. Samuel Plimsoll, M.P.