Laws Relating to Seamen

vessel, seaman, vessels, required, crew, sea, provisions, officers and able

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The ship-owner is required to provide the seaman with food according to a scale enacted by statute. Provision is made whereby seamen may complain to an officer of the navy, a consul of the United States, a shipping commissioner or chief officer of the customs, in case the provisions for the use of the crew are of bad quality or deficient in quantity, and there is further provision for the correcting of any failure on the part of the master to observe the law with respect to provisions and water. Vessels on foreign voyages and on voyages between the Atlantic and Pacific coasts are required to carry a sufficient quantity of lime and lemon juice or other antiscorbutics, which are to be served to the sea men according to the provisions of the statute. Such vessels are also required to be provided with a slop chest containing a com plement of clothing for each seaman employed, and also a full supply of tobacco and blankets. The contents of the slop chest are sold to seamen at a reasonable profit.

It is unlawful for the owner to send his vessel to sea in such unseaworthy condition that the life of any person is likely to be thereby endangered, unless he proves that he used all reasonable means to insure seaworthiness of the vessel, or that the sending of the vessel to sea in an unseaworthy condition was under the circumstances reasonable and justifiable. For the enforcement of these provisions there is further legislation by which inspection of the vessel may be obtained either at domestic ports or foreign ports, and for the discharge of the crew in case the vessel is unfit to go to sea.

The statutes also prescribe the number of cubic feet which must be allotted in the crew's quarters to each seaman, and regu late the lighting and ventilation. Merchant vessels which ordi narily make voyages of more than three days' duration between ports and which carry a crew of 12 or more seamen are required to have a compartment for hospital purposes, having at least one bunk for every 12 men, and not more than six bunks in any case. All merchant vessels constructed since March 3, 1897, and having more than ten men on deck, must have a washing place provided with at least one washing outfit for every two men of the watch. • Manning of Merchant Vessels.—Merchant vessels of more than zoo tons gross are required to divide their sailors into two watches, and their engine-room crew into three watches. While such a vessel is in a safe harbour seamen cannot be required to do unnecessary work on Sundays or on the following named days, New Year's Day, Fourth of July, Labour Day, Thanksgiving Day and Christmas Day. While in a safe harbour, nine hours, inclusive of the anchor watch, constitute a day's work.

Of each department of the crew 75% must be able to under stand any order made by the officers, and of the deck crew 65%, exclusive of licensed officers and apprentices, must be of a rat ing not less than able seamen. A person may be rated an able seaman and qualified for service as such on the seas who is 19 years of age, and who has had three years' service on deck. The requirements for able seamen on the Great Lakes are less.

In case of desertion or casualty resulting in the loss of one or more of the seamen, the master before proceeding to sea must ship others to take their places, if they are obtainable.

Officers on U.S. vessels must be citizens of the United States, and this applies to the chief engineer and assistant engineers of vessels propelled by steam who may be in charge of a watch. However, on foreign voyages vacancies may be filled by other wise properly qualified persons who are not citizens, until the first return of the vessel to its home port. The president of the United States is authorized in his discretion to suspend the pro , visions of law as to the citizenship of officers of American vessels. All officers, including the master and the engineers, are required to obtain licences from the Board of Steamboat Inspectors, and such licences are issued only after an examination into the quali fications of the applicant.

Remedies of Seamen in Cases of Injury in Course of Em ployment.—For every injury and illness incurred while in the service of the vessel and not due to his own vice, a seaman is entitled to the reasonable expenses of his maintenance and cure. This includes medical attention and board and lodging for a reason able period. In the construction of the reasonableness of the period, there is a tendency to allow a seaman maintenance and cure for that period during which physicians say that treatment can produce a cure. In addition thereto if the seaman's injury or illness is caused by the unseaworthiness of the vessel, or breach of the obligation to furnish good food and water, and prompt and proper medical attention, the seaman may recover damages. By virtue of the Merchant Marine Act of 1920, commonly known as the Jones Act, a seaman may recover against his employer if he is injured through the negligence of the employer or of any one employed by him. Likewise the representatives of a deceased seaman may recover damages against the employer if the death is caused by the unseaworthiness of the vessel or there is a breach of the obligation to furnish good food and provisions, or prompt and proper medical attention or, under the Jones Act, if the death is caused by the negligence of the employer or anyone employed by him.

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