CO129-135 - Public Offices & Others - 1868 — Page 222

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Foreign and time when there was much more distinction between Colonial them than there is now, and when, labour in the Puris. colonies being always in demand, there was little fear of captains willingly leaving their crews behind there. The present case shows that there is as much risk of this evil in India as in any foreign port, and there can be no doubt that at the present time we ought to have the same law for a seaman discharged in France, in the United States, or in China, as for one discharged in Malta, at Quebec, or in India, although the administrators of the law may be different.

Different cases in which men are left abroad. Different liability of shipowner in consequence. Different modes in which the money to be paid by or on behalf of the ship should be applied.

For the purpose of judging what our rules should be, it will be convenient to consider the different cases and circumstances under which men may be left abroad, the pecuniary liability to which in each case the ship which leaves them should be subject, and the mode in which the money to be paid by or on behalf of the ship should be applied.

The following are the different cases in which men are left abroad :—

1. Where they are discharged abroad under the terms of the contract as contained originally in the articles of the ship:

2. Where they are discharged abroad, without any stipulation to that effect in the articles, by mutual consent of master and seaman :

3. Where the men are left abroad by reason of the sale of the ship to foreigners, of the breaking up of the ship, or other act of the owners:

4. Where the men are left abroad on account of sickness :

5. Where they are discharged by order of a naval court or magistrate :

6. Where, without being so discharged, they are imprisoned for some offence, and are left in gaol:

7. Where they have deserted or are stated by the master to have deserted:

8. Where they are left abroad without any reason assigned:

9. Where they are forced or wrongfully left ashore by the master:

10. Where they are left abroad by reason of shipwreck.

The various liabilities in paying or providing for the men to which the ship may be subject are as follows:

1. Payment of wages.

2. Payment of a sum sufficient to defray the expense of maintaining the man and sending him home.

3. Finding a man employment in another ship.

The mode in which the payments may be made by which pay the ship are- ment in respect of these liabilities may be made.

1. By payment to the seaman himself.

2. By payment to the shipping master or officer who is charged with the duty of looking after the man.

3. By payment to the Board of Trade of expenses incurred on behalf of the man.

The liability of the ship, and the mode in which payment should be made, may vary according to the different cases and circumstances under which seamen are left abroad, and we will consider each of those cases separately.

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abroad ac- 1. Cases where men are discharged abroad under Case of men the terms of the original contract as contained in the discharged articles. cording to In this case the ship must be liable in the first articles. instance to pay wages earned to the time of discharge, together with such other sums (if any) as may be stipulated for in the articles. These payments are due to the man himself.

Further, supposing the articles to have been entered into in the United Kingdom, there can be no doubt that the ship should be liable to the additional obligation of sending the seaman back to the United Kingdom, and maintaining him till he is so sent. This obligation is due partly to the seaman himself, partly to the Government which may have to take charge of him if he is left behind. It ought to cease if the master of the ship, on discharging the seaman, provides him with employment of a nature as good as that in which he has been employed, and of such length and character as will prevent him from being within any short period of time left upon the hands of the Government. The ship should not, for instance, be released from liability to send the man home by the offer to the seaman of an unhealthy employment, say to the West Coast of Africa, or of some few weeks employment in the country in which he is discharged. On the other hand, the liability of the ship should be at an end if the master procures the seaman employment on a voyage home, or on some other voyage equally good in point of health, wages, and duration. How to draw this distinction satisfactorily is not an easy task, and I see nothing for it but to leave a great deal of discretion with the Colonial or Consular Officer before whom the discharge is effected.

Supposing, however, that the man has not been engaged in this country, but in some foreign or colonial port, it becomes a question to what country or place the ship should be bound to send him. It would not do to send him to this country in all cases, as he might not be at home here, e.g., as in the case of Lascars engaged in India. In this case the obligation of the ship might perhaps be to send him either to his own native country or to the country or place in which he was shipped, such obligation to be discharged as before by finding him equivalent employment.

The next question is as to the mode in which the above payments should be made by the ship. Naturally it would seem that the wages ought to be paid to the seaman himself; and if he were able and willing to take care of himself it would also seem right that any money paid for his maintenance and passage home should be paid to himself, to be used for his own advantage. But as it is certain that in many, if not in most cases, any money paid to himself would be squandered amongst crimps and prostitutes, and that he himself would then be left on the hands of Government, it deserves consideration whether any different plan can be adopted. The following suggestions are thrown out for consideration. The objections to which they are open are

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