CO129-135 - Public Offices & Others - 1868 — Page 226

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being shortly in distress at the place, and the shipping officer to be judge whether it is suitable and proper employment.

11. That where the seaman is discharged without fault on his part his wages shall be retained by the shipping officer so long only as he remains unemployed at the port, and shall, whenever he obtains perma- nent employment, either at sea or in the country, or is sent home, either be paid to the seaman himself, or remitted home for the benefit of himself, his relations, or friends, as he may desire.

12. That any master who fails to comply with the above provisions, or who wrongfully forces or leaves a seaman ashore, be subject to heavy penalties.

13. That in such cases the payment shall be made without deduction of any kind, unless the seaman refuses to accept reasonable employment when offered, in which cases the expenses incurred on his behalf subsequently to such refusal may be deducted from the wages.

14. That to provide for the case of sickness the following general rule be adopted in addition to those contained in s. 228. of the Merchant Shipping Act:

That where a seaman is ill, and it is shown that the owner or master bas made default in providing proper provisions, accommodation, medicines, or anti-scorbutics, the owner shall be liable for all expenses incurred in relieving, curing, or sending home the seaman, without any deduction from his wages.

15. That in cases where seamen are left behind on account of sickness, the extent, if any, to which the seaman's wages shall be liable for expenses incurred on his behalf shall be determined by the above rules, and that the balance of wages, if any, in the hands of the shipping officer, shall be paid to or on behalf of the seaman in the same way as in the case of seamen voluntarily discharged.

16. That s. 290. of the Merchant Shipping Act be repealed, and that all magistrates and naval courts at foreign courts have the power, when appealed by either party, to decide whether a seaman should be discharged, and what wages are due to him, and also to decide whether, looking to the question whether master or seaman is most in fault, the wages due should be applied wholly or in part towards expenses to be incurred on behalf of the seaman in exoneration or part exoneration of the owner, or should belong entirely to the seaman himself. All such wages to be paid to the shipping officer, and applied by him according to the decision, and in case of payment to the seaman in manner above mentioned.

17. That where seamen are left behind in gaol, their wages, which in this as in other cases are to be paid to the shipping officer, shall, in default of any direction to the contrary by the court which sends the seaman to prison, be applied pro tanto towards expenses incurred for the seaman, and the balance only paid over to or for him; such payment to be made in manner above mentioned. But that the court which sends the seaman to gaol shall have power to modify this rule in favour of the seaman,

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where they think the master wholly or partially in fault.

18. That where men are left behind on account of alleged desertion, the whole expenses of relieving and sending home these men (there being no wages paid) shall be borne by the ship, except in the case in which the master prosecutes and convicts the

seaman.

19. That in case of shipwreck the whole of the wages be paid and applied by the shipping officer for the benefit of the seaman in manner above men- tioned. And that all expenses incurred be borne by the Government.

Some of these suggestions are doubtful, and some will meet with great opposition; but they are thrown

out for consideration.

The following are the various suggestions made by II.-Reply to the Indian Government, which to some extent support Indian Let- the above suggestions.

SUGGESTIONS FROM INDIA.

1. Owners and masters of ships whose crews sign

for voyages out to be compelled to find them means

of getting home.

2. Captains who leave men in gaol to deposit money to pay for passage home (if only in cases where their misconduct is attributable to the captains).

ters.

907/65.

3. To modify s. 190. of Merchant Shipping Act, 2437/66. which prevents a seaman suing for wages abroad, unless discharged, or able to prove ill usage warrant- ing apprehension of danger to life. Par. 5. Sanitary

Commission to Bengal Government; Pur, 5. Bengal Government to Indian Government.

4. To make an arrangement with United States under the Foreign Deserters Act, 1852, so as to enable the United States Consul to arrest deserters from United States ships. Par. 12. Sanitary Commission to Bengal Government; Par. 14. Bengal Government to Indian

Government.

5. Registration of seamen arriving, Par. 6. Sanitary Commission. Satisfactorily answered, Par. 6. Bengal

Government to Indian Government.

6. Medical help and attendance.

A local matter,

and apparently well treated by local authorities. Par. 11 Bengal Government to Indian Government,

7. Vagrancy law. A local matter, and so treated, 8. Boarding houses. Suppression or regulation of. also a local matter, and well treated.

9. River Magistrate, or rather Police Superin- tendent. Par. 10. Sanitary Commission; strongly objected to by Bengal Government, par. 13.

10. Strengthening shipping master by trans- ferring duties to Customs. Bengal Government to Indian Government, par. 15. This is done. Indian Government to Home Government, par. 3.

N.B. In this correspondence the Bengal Government assume that the shipping master has power to refuse sanction to discharge.

Bengal Government and Indian Government 4494/66. suggest that it should be made clear by law that masters leaving seamen in India must provide them with employment, or with a passage home. This is

19308.

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