Laws Relating to Seamen

Duties of Masters and Seamen.

The duties of the seamen are to obey the master in all lawful matters relating to the naviga tion of the ship and to resist enemies, to encourage him in which he may become entitled to prize money under 22 and 23 Car. II. c. II (see PRIzE). Any services beyond these would fall under the head of salvage service, and be recompensed accordingly.

There are certain offences for which the seaman is liable to be summarily punished under the Act of 1894. They comprise deser tion, neglect or refusal to join his ship or absence without leave, quitting the ship without leave before she is placed in security, wilful disobedience to a lawful command, either on one occasion or continued, assault upon a master or mate, combining to disobey lawful commands or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, wilful damage to the ship, or embezzlement of or wilful damage to her stores or cargo and smuggling.

A seaman is punishable at common law for piracy and by statute for piracy and offences against the Slave Trade Acts. A riotous assembly of seamen to prevent the loading or unloading of any ship or to prevent others from working is an offence under 33 Geo. III. c. 67. By the Merchant Shipping Act 1894 a seaman is not entitled to the rating of "A.B." unless he has served four years before the mast, or three years or more in a registered decked fishing vessel and one year at sea in a trading vessel.

Remedies for Wages.

The remedies of the seaman for wages are a plaint in a county court or an action in rem in the admiralty division of the high court (in Scotland in the court of session), a colonial court of admiralty, or a county court having admiralty jurisdiction. A seaman has also a right to take summary pro ceedings before justices, naval courts, or superintendents of mercantile marine offices. The master has now the same remedies as the seaman for his wages, under which are included disburse ments made on account of the ship. At common law he had only a personal action against the owner. He has the additional advan tage of being able to insure his wages, which a seaman cannot do.

A

county court having admiralty jurisdiction may entertain claims for wages where the amount claimed does not exceed f i5o (County Courts [Admiralty Jurisdiction] Act 1868, s. 3). Wages cannot be attached. They may be forfeited or reduced by mis

conduct, such as desertion and smuggling. In actions in all courts of admiralty jurisdiction the seaman has a maritime lien on the ship and freight, ranking next after claims for salvage and damage. The amount recoverable summarily before justices is limited to £50. Orders may be enforced by distress of the ship and her tackle. Proceedings must be taken within six months.

Where a seaman is discharged before a superintendent in Great Britain his wages must be paid through or in the presence of the superintendent, and in the case of home-trade ships may be so paid if the master or owner so desire. The master must in every case deliver either to the superintendent or to the seaman a full account, in a form approved by the Board of Trade, of the wages and of all deductions therefrom ; such deductions will only be allowed if they have been entered by the master during the voyage in a book kept for that purpose, together with a statement of the matters in respect of which they are made. Where a seaman is left abroad on the ground of his unfitness or inability to proceed on the voyage, the account of wages must be delivered to the superintendent, chief officer of customs, consular officer, or mer chants, from whom the master obtains the certificate without which he may not leave the seaman behind.

The scale of provisions must be entered in the agreement with the crew, and compensation made for short or bad provisions, and means are provided whereby the crew can raise complaints. In addition, in the case of ships trading or going from any British port through the Suez canal or round the Cape of Good Hope or Cape Horn, the provisions and water are put under inspection by the Board of Trade, and if they are deficient, the ship may be detained until the defects are remedied. By the act of 1906 a certificated cook must be provided for foreign-bound ships. If a seaman receives hurt or injury in the service of the ship, the expense of medical attendance and maintenance, together with the cost of bringing him home, is to be borne by the owner of the ship, and cannot be deducted from wages. By the Workmen's Compensation Act 1925 masters, seamen and apprentices are entitled to compensation in respect of personal injuries or their dependants in case of death.