Case of men left behind without
reason 83-
signed.
Case of men forced or wrongfully left ashore.
Case of men
left behind by reason of shipwreck,
10
On the whole as between the shipowner and the Government, I believe the reasoning applicable to the last two cases applies in this case also, and that the ship ought to pay the expenses of relieving the men and sending them home."
Nothing would so much check these desertions or reported desertions as the knowledge of this liability. But in order to encourage captains still further to stop and punish real desertion (for which the law gives ample facilities), I would, I think, relieve the owners from the liability in question where they could show that the men had been convicted of desertion, or that a competent court had refused payment of wages on the ground of desertion.
As regards wages in this case there will, in general, be no question. The man is non inventus, and nothing is paid at the foreign port. If after being reported a deserter he returns to his ship cadit quæstio.
As regards the relief of alleged deserters, the shipping officer must exercise some discretion. Real deserters ought to be treated in the same way as other misdoers, as suggested in the last two cases. If the man has not been really in fault he should be dealt with more considerately.
This must rest very
much with the shipping officer.
As regards the mode of enforcing liability the proceedings must be the same as in preceding cases.
8. The next case is that where men are left behind without any reason assigned.
In this case the shipowner should be liable to the full extent of all wages due and of expenses incurred in relieving and sending them home. And the master should be subject to a penalty as under 207 of the present Act.
9. The next case is that where the men are forced or wrongfully left ashore by the masters. In this case also the owner should be liable, and the master should be subject to a heavy penalty as under s. 206. of the present Act.
10. The last case is that where men are left abroad by reason of shipwreck.
In this case wages are payable to the time of shipwreck, and according to our present practice the wages are paid to the men, and the Government pays the expense of relieving them and sending them home. The wages should I think be still paid as heretofore.
It is a question whether, when paid to the shipping officer, they should not be chargeable by the Government for the men with expenses incurred. These men are not paupers, and there is, strictly speaking, no reason why they should be a charge on the general taxpayer.
As
It may be a question also whether it is not the best policy to charge the seaman. But as a matter of sentiment it goes against the grain to do so. regards the shipowner, it may perhaps also be said that according to the principles laid down above he ought to be liable to send home the men whom he takes out. The expense too would no doubt fall on the insurance. But I doubt if it is desirable to press the principle so far, and I think we may in these cases continue to pay the expenses as heretofore.
11
To sum up the above suggestions it is suggested Summary of
the above for consideration-
suggestions.
1. That shipowners and seamen should be at liberty to engage for any voyage, to terminate at any place they may agree upon.
2. That in the rules applicable to the discharge of seamen no difference should be made between a foreign and colonial port, except such as necessarily arises from the difference of national jurisdiction.
3. That no seaman shall be discharged or left behind at any foreign or colonial port, except with the cognizance of some officer appointed for the purpose; the fact to be certified by such officer on the articles.
4. That whenever a seaman is left at any foreign or colonial port such wages as may be due to him shall in all cases be paid to the said officer, to be by him applied as mentioned below.
5. That it shall be the duty of this officer to see that the seaman is employed, maintained, relieved, placed under medical care, or sent home, as the case may require, the expenses being paid as mentioned below.
6. That the expenses of relief, maintenance, and medical help be determined according to instructions issued by the Board of Trade, according to the circumstances of each place, but that a distinction be made between the case of men left behind without fault on their part and those left behind in consequence of their own fault; the former being treated with consideration, and the latter being supplied with the lowest necessaries, and obliged to take any employment whatever that may offer, or even in extreme cases refused relief altogether.
7. That men for whom employment cannot be found shall be sent either to their own country or to the country in which they were shipped; and that the shipping officer shall have, as at present, power to require British ships to take the men home, but that the money paid shall be, as nearly as may be, the actual cost of the passage at the market rate.
8. That the ship shall in all cases, except cases where the men have been convicted of desertion, or have been left behind on account of shipwreck, be liable to the Government for the above expenses, subject to the deduction of so much as may be recouped out of the men's wages under the rules mentioned below.
9. That the master, when leaving the men behind, shall, if practicable, deposit with the officer, either in money or by a bill on his owners, sufficient to pay for those expenses; and that in default, or for any excess, the Board of Trade or the local Government of the colony to which the ship may belong shall have ample powers to recover from the owners.
10. That any master shall have power to relieve himself and his owner from the above liabilities by providing for the seamen left behind, if able to serve, suitable employment, such employment to be, in the case of men left behind without fault on their part, employment as good as that which they have left, and in the case of men who have been in fault, any reasonable employment. The employment to be such in all cases as will prevent the seaman from
223
Case of men left behind without
reason 83-
signed.
Case of men forced or wrongfully left ashore.
Case of men
left behind by reason of shipwreck,
10
On the whole as between the shipowner and the Government, I believe the reasoning applicable to the last two cases applies in this case also, and that the ship ought to pay the expenses of relieving the men and sending them home."
Nothing would so much check these desertions or reported desertions as the knowledge of this liability. But in order to encourage captains still further to stop and punish real desertion (for which the law gives ample facilities), I would, I think, relieve the owners from the liability in question where they could show that the men had been convicted of desertion, or that a competent court had refused payment of wages on the ground of desertion.
As regards wages in this case there will, in general, be no question. The man is non inventus, and nothing is paid at the foreign port. If after being reported a deserter he returns to his ship cadit quæstio.
As regards the relief of alleged deserters, the ship- ping officer must exercise some discretion. Real deserters ought to be treated in the same way as other misdoers, as suggested in the last two cases. If the man has not been really in fault he should be dealt with more considerately.
This must rest very
much with the shipping officer.
As regards the mode of enforcing liability the proceedings must be the same as in preceding cases.
8. The next case is that where men are left behind without any reason assigned.
In this case the shipowner should be liable to the full extent of all wages due and of expenses incurred in relieving and sending them home. And the master should be subject to a penalty as under 207 of the present Act.
9. The next case is that where the men are forced or wrongfully left ashore by the masters. In this case also the owner should be liable, and the master should be subject to a heavy penalty as under s. 206. of the present Act.
10. The last case is that where men are left abroad by reason of shipwreck.
In this case wages are payable to the time of shipwreck, and according to our present practice the wages are paid to the men, and the Government pays the expense of relieving them and sending them home. The wages should I think be still paid as heretofore.
It is a question whether, when paid to the shipping officer, they should not be chargeable by the Government for the men with expenses incurred. These men are not paupers, and there is, strictly speaking, no reason why they should be a charge on the general taxpayer.
As
It may be a question also whether it is not the best policy to charge the seaman. But as a matter of sentiment it goes against the grain to do so. regards the shipowner, it may perhaps also be said that according to the principles laid down above he ought to be liable to send home the men whom he takes out. The expense too would no doubt fall on the insurance. But I doubt if it is desirable to press the principle so far, and I think we may in these cases continue to pay the expenses as heretofore.
11
To sum up the above suggestions it is suggested Summary of
the above for consideration-
suggestions.
1. That shipowners and seamen should be at liberty to engage for any voyage, to terminate at any place they may agree upon.
2. That in the rules applicable to the discharge of seamen no difference should be made between a foreign and colonial port, except such as necessarily arises from the difference of national jurisdiction.
3. That no seaman shall be discharged or left behind at any foreign or colonial port, except with the cognizance of some officer appointed for the purpose; the fact to be certified by such officer on the articles.
4. That whenever a seaman is left at any foreign or colonial port such wages as may be due to him shall in all cases be paid to the said officer, to be by him applied as mentioned below.
5. That it shall be the duty of this officer to see that the seaman is employed, maintained, relieved, placed under medical care, or sent home, as the case may require, the expenses being paid as mentioned below.
6. That the expenses of relief, maintenance, and medical help be determined according to instructions issued by the Board of Trade, according to the circumstances of each place, but that a distinction be made between the case of men left behind without fault on their part and those left behind in conse quence of their own fault; the former being treated with consideration, and the latter being supplied with the lowest necessaries, and obliged to take any employment whatever that may offer, or even in extreme cases refused relief altogether.
7. That men for whom employment cannot be found shall be sent either to their own country or to the country in which they were shipped; and that the shipping officer shall have, as at present, power to require British ships to take the men home, but that the money paid shall be, as nearly as may be, the actual cost of the passage at the market rate.
8. That the ship shall in all cases, except cases where the men have been convicted of desertion, or have been left behind on account of shipwreck, be liable to the Government for the above expenses, subject to the deduction of so much as may be recouped out of the men's wages under the rules mentioned below.
9. That the master, when leaving the men behind, shall, if practicable, deposit with the officer, either in money or by a bill on his owners, sufficient to pay for those expenses; and that in default, or for any excess, the Board of Trade or the local Government of the colony to which the ship may belong shall have ample powers to recover from the owners.
10. That any master shall have power to relieve himself and his owner from the above liabilities by providing for the seamen left behind, if able to serve, suitable employment, such employment to be, in the case of men left behind without fault on their part, employment as good as that which they have left, and in the case of men who have been in fault, any reasonable employment. The employment to be such in all cases as will prevent the seaman from
223
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