β¨ Shipping Legislation Text
and eighty-first section of the principal Act,
and shall be signed by the master and by the
mate or some other of the crew, and also by
the Surgeon or Medical Practitioner on board,
if any.
And if in any such ship as aforesaid such medicines,
medical stores, book of instructions, lime or lemon
juice, sugar, or anti-scorbutics as are hereinbefore
required, are not provided, packed, and kept on board
as hereinbefore required, the owner or master shall
be deemed to be in fault, and shall for each default
incur a penalty not exceeding twenty pounds, unless
he can prove that the non-compliance with the above
provisions, or any of them, was not caused through
any inattention, neglect, or wilful default on his part;
and if the lime or lemon juice and sugar or other
anti-scorbutics are not served out in the case and
manner hereinbefore directed, or if entry is not made
in the official log in the case and manner hereinbefore
required, the master shall be deemed to be in fault,
and shall for each default incur a penalty not exceed-
ing five pounds, unless he can prove that the non-
compliance with the above provisions, or any of them,
did not arise through any neglect, omission, or wilful
default on his part; and if in any case it is proved
that some person other than the master or owner is
in default in any case under this section, then such
other person shall be liable to a penalty not exceed-
ing twenty pounds.
Penalty for selling, &c., medicines, &c., of bad quality.
5. Any person who manufactures, sells, or keeps
or offers for sale any such medicines or medical
stores as aforesaid which are of bad quality, shall for
each such offence incur a penalty not exceeding
twenty pounds.
Power to Governors, &c., to make regulations as to supply of
lime or lemon juice, &c.
6. In any British possession out of the United
Kingdom the Governor or officer administering the
Government for the time being shall, subject to the
laws of such possession, have power to make regula-
tions concerning the suppy within such possession of
lime or lemon juice and anti-scorbutics for the use
of ships; and any lime or lemon juice or anti-
scorbutics duly supplied in accordance with any such
regulations shall be deemed to be fit and proper for
the use of ships.
Seaman's expenses in case of illness through neglect of owner
or master to be paid by them.
7. Whenever it is shown that any seaman or
apprentice who is ill has, through the neglect of the
master or owner, not been provided with proper food
and water according to his agreement, or with such
accommodation, medicines, medical stores, or anti-
scorbutics as are required by the principal Act or by
this Act, then, unless it can be shown that the illness
has been produced by other causes, the owner or
master shall be liable to pay all expenses properly
and necessarily incurred by reason of such illness
(not exceeding in the whole three months wages),
either by such seaman himself, or by Her Majesty's
Government, or any officer of Her Majesty's Govern-
ment, or by any parochial or other local authority
on his behalf, and such expenses may be recovered in
the same way as if they were wages duly earned:
Provided that this enactment shall not operate so as
to affect any further liability of any such owner or
master for such neglect, or any remedy which any
seaman already possesses.
Forfeiture of wages, &c., of seaman when illness caused by his
own default.
8. Where a seaman is by reason of illness incapa-
ble of performing his duty, and it is proved that
such illness has been caused by his own wilful act
or default, he shall not be entitled to wages for the
time during which he is by reason of such illness
incapable of performing his duty.
Place appropriated to seamen to have a certain space for each
man, and to be properly constructed and kept clear.
9. The following rules shall be observed with
respect to accommodation on board British ships
(that is to say) :β
(1.) Every place in any ship occupied by seamen
or apprentices, and appropriated to their use,
shall have for every such seaman or apprentice
a space of not less than seventy-two cubic
feet, and of not less than twelve superficial
feet, measured on the deck or floor of such
place.
(2.) Every such place shall be such as to make
the space aforesaid available for the proper
accommodation of the men who are to occupy
it, shall be securely constructed, properly
lighted and ventilated, properly protected
from weather and sea, and as far as practicable
properly shut off and protected from effluvium
which may be caused by cargo or bilge water.
(3.) No such place as aforesaid shall be deemed
to be such as to authorize a deduction from
registered tonnage, under the provisions here-
inafter contained, unless there is or are in the
ship one or more properly constructed privy
or privies for the use of the crew; such privy
or privies to be of such number and of such
construction as may be approved by the
surveyor hereinafter mentioned.
(4.) Every such place shall, whenever the ship
is registered or re-registered, be inspected by
one of the surveyors appointed by the Board
of Trade under Part IV. of the principal Act,
who shall, if satisfied that the same is in all
respects such as is required by this Act, give
to the Collector of Customs a certificate to.
that effect, and thereupon such space shall be
deducted from the register tonnage.
(5.) No such deduction from tonnage as afore-
said shall be authorized unless there is per-
manently cut in a beam, and cut in or painted
on or over the doorway or hatchway of every
such place, the number of men which it is
constructed to accommodate, with the words
"Certified to accommodate seamen."
(6.) Every such place shall be kept free from
stores or goods of any kind, not being the
personal property of the crew in use during
the voyage.
(7.) Upon any complaint concerning any such
place as aforesaid, one of the surveyors
appointed by the Board of Trade may inspect
such place, and if he finds that any of the
provisions of this Act with respect to the
same are not complied with he shall report
the same to the Collector of Customs at the
port where the ship is registered, and there-
upon the registered tonnage shall be altered,
and the deduction aforesaid in respect of space
disallowed, unless and until it shall be certified
by such surveyor, or by some other surveyor
appointed by the Board of Trade, that the
provisions of the Act in respect of such place
are fully complied with.
(8.) If any such place in any ship is not kept free
from goods and stores as aforesaid, the master
shall be deemed to be in fault, and shall for
every such failure to comply with the provisions
of this section forfeit and pay to each seaman
lodged in such place the sum of one shilling
a day for each day after complaint made to
him by any two or more of such seamen during
which any goods or stores, not being the per-
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β¨ LLM interpretation of page content
π Provisions regarding Seamen's Health, Provisions, and Ship Accommodation (Sections 5-9)
π Transport & CommunicationsShipping, Seamen, Medical stores, Accommodation standards, Penalties, Board of Trade, Master, Owner
NZ Gazette 1868, No 18