Any misconduct endangering the ship, or life or limb, is considered a misdemeanour; as also any wilful breach of duty, by reason of drunkenness or any other cause, which might tend to the immediate loss, destruction, or serious damage of the ship, or of the life or limbs of any persons, engaged in her. Certain offences may be summarily punished on arrival in port, such as wilfully damaging the ship, or embezzling or wilfully damaging any of her stores or cargo, assaulting the master or mate, wilful disobedience to lawful commands, or combining with any other or others of the crew to disobey these commands, neglect duty, or with impeding the navigation of the ship or the progress of the voyage. All such matters may be summarily dealt with, by inflicting punishment of from one to three months’ confinement with or without hard labour.
Institution of Naval Courts abroad.
Naval Courts are also instituted abroad, for hearing complaints with regard to either seamen or masters, and for dealing with them in a summary manner. These courts are constituted of from three to five members, and consist of officers of her Majesty’s Navy, of rank not below that of lieutenant, of a consular officer, and of the master of a British ship; but, if there should happen to be no ships-of-war in the harbour, the Consul has power to nominate any other disinterested master or merchant to act as a member of such court.
Among the more important sections of the Act, I must not omit that referring to the clause enjoining masters of ships to keep a log-book of a prescribed form, known as the “official log.” In this book the master is ordered to enter, not merely the daily course and position of the ship, but all occurrences on board as to the conduct of the crew; any disobedience of orders or neglect of duty; an entry is further required to be made of the death, injury, or illness of any seaman and of the time when he left the ship, should he have done so without leave. This official log the master has to deliver, on his return to port, to the Collector of Customs before an entry of his ship can be obtained; and in the case of any ship being sold abroad, the master or transferrer thereof must deliver or transmit it, duly made up to the time of transfer, to the shipping master or Collector of Customs, at the port to which the ship previously belonged. Penalties of from 5l. to 20l. are inflicted upon the master or owner for not keeping the log in proper form, or for neglecting to make the necessary entries.
When a seaman is discharged from a vessel by mutual consent, either abroad or at the termination of the voyage, the master must give him a certificate of character, in a form sanctioned by the Board of Trade, specifying his qualifications; but in cases where the seaman has proved incompetent or negligent in his duty, the master may decline to give him this certificate, so far as regards his character.[137]
Special inspectors to be appointed by the Board of Trade, if need be.
Power is further taken by the Board of Trade to institute a special investigation, wherever there is reason to apprehend that any serious accident, occasioning loss of life or property, has been sustained, or that any of the provisions of the Act, or of any other Act relating to merchant shipping or merchant sailors, has been grossly neglected or disobeyed; and, for that purpose, to appoint local inspectors or any other competent persons, to inquire into and report thereupon. These inspectors have power to go on board and examine the ship and any papers relating to the voyage, and may call for the production of evidence; and penalties are inflicted for obstructing any of them in the execution of this duty. Various other clauses, for the protection alike of the owner, master, and seamen, are to be found in the Act, which extends to all British possessions at home or abroad, including India. A schedule is attached, regulating the scale of fees to be charged for the examination of masters and mates, and for the engagement and discharge of crews.[138]
Act of 1851, regulating Merchant Seaman’s Fund, &c.
I have frequently, in the course of this work, had occasion to refer to the Merchant Seaman’s Fund, established by 20 Geo. II., cap. 38, as also by 4 & 5 Will. IV., cap. 52, and by 6 Will. IV., cap. 15. As this fund had been grossly mismanaged, an Act was passed in 1851 (8th August) to provide for the winding it up, and for its better management in future. Consequently all the previous Acts relating to it, together with various amending Acts, were swept away, and the general supervision of the business of winding-up the fund was placed in the hands of the Board of Trade, or of such persons as that Board might appoint. By the previous Act all masters and mates of ships were required to subscribe from 1s. 6d. to 2s., and all seamen 1s. per month toward the fund, of which 6d. went to Greenwich Hospital. But the Act of 1851 rendered it no longer obligatory on their part to do so. Those persons, however, who voluntarily continued their subscriptions were to be entitled to pensions in old age, or when otherwise rendered unfit for their duties; and provision was, likewise, made for the widows and children of such persons. These subscriptions the shipping masters appointed under the Mercantile Marine Act of 1850 are authorized to receive, and all moneys and properties forming part of, or belonging to, the Merchant Seaman’s Fund are transferred to the Board of Trade. No master or seaman who had not contributed to the fund before the passing of this Act is allowed to contribute thereto, or to establish any claim for pension or other relief for himself, or for his wife or children; so that the benefits to be derived are confined, exclusively, to those who had hitherto subscribed, and who voluntarily continued their subscriptions after the passing of the Act of 1851; the Commissioners of her Majesty’s Treasury are further authorized to pay, out of the Consolidated Fund, such sums as may be necessary, in addition to the voluntary subscriptions, for the necessary expenditure, and to make good the deficiency; they are also to pay to this fund the unclaimed wages and effects of deceased seamen; and all fines levied for neglect of duty or otherwise are appropriated for the same purpose.
The Board of Trade is authorized to determine and regulate the principles and conditions on which relief is to be granted under the Act, and to make such regulations and by-laws as may be necessary for the receipt and distribution of the fund. The Board has also to render annually to Parliament an account of the receipts and disbursements of the previous year, under several heads; the amount of money in hand, and any sums which may be outstanding; the number of pensioners—distinguishing between men, women, and children, and between different scales of pensions, and the total amount of pensions in each class, together with that of the salaries and expenses of management.