RELIEF OF DISTRESSED SEAMEN

RELIEF OF DISTRESSED SEAMEN

18. This Order may be cited as the Mail Ships (Rules) Order in
Council, 1894.

4.-RELIEP OF DISTRESSED SEAMEN.

REGULATIONS 9th April, 1908.

made by the Board of Trade under s. 40 of the Merchant Shipping
Act, 1906, [6 Edw. VII c. 48.]

1. For the purpose of these Regulations, unless the context otherwise
requires :--





(1) The expression -proper authority nicans:-
(a) as respects a place out of His A-6jesty's dominions, the British
consular officer, or, If there is he such officer in the place, any two British
merchants resident at or near the place, or if there is only one British
increliant so resident, that British merchant ; and
(b) as respects a place in a British possession, the Governor of the
possession, or any person acting under his authordy; and
(e) as regards a place in the United Kingdom, a Superintendent of
Merchantile Alarille.

(2) The expression sseamen includes apprentices to the sea service
and every person (except inasters and pilots) employed or engaged in
any capacity on board any ship.

2. The persons entitled to be dealt with under these Regulations, and
who are hereinafter referred to as distressed seatilen, are :-
(a) Any scamen, whether subjects of His Majesty or not, who are
found in any place out of the United Kingdom, and have been ship-
wrecked from any British ship or any of flis Majesty's ships, or by
reason of having been (lise or left behind from any such ship in

any place out of the United Kimrdom, are in distress in that place ; or
(b) any seamen, being subjects of His Majesty, who have been

engaged by any person acting either is principat or agent to serve in a

ship belonging to the Government or to a subject or Citizen of .1 foreign
country are n distress in any place out of the United Kingdom.


3. If three months have elapsed since a seaman left his last ship
before lie applies to the proper autliority for relief lie shall not be
entitled to be dealt with under these Regulations


4. Stowaways and other persons not on the articles of a ship are not
entitled to relief Lialess they have been employed or engaged in some
capacity oil board the ship leaving them behind.


5. When the proper authority is satisfied (by medical certificate or
otherwise) that a seaulan is fit to work, no further relief should be
granted to him if lie reluses to accept reasonable employment.

6. in case of shipwreck the date oil which eacb member of the crew
will be entitled to relief may vary according to the time when he ceases
to beA employed in connection with the wreck.

7. -Distressed seamen arc to be relieved and maintained upon the most
reasonable terms possible but only until emplayinent can he found for
thein or arrangements made for their return to a proper return port.






8 Distrresed seamen may, if necessary, be supplied with clothing
and bedding, but in no greatel- quantity or of better quality than is
absolutely quired. Officers are to be furnished with clothing of the
sanic quality as that supplied to seamen. Medical advice and medicine
may be provided when necessary.

9. No definite period can be fixed during which a seaman should
receive relief, but in every case in which relief is continued for more
than a month a special report of the circumstances shall be furnished by
the proper authority to the Board of Trade.

10. Seamen who are in receipt of relief from .1 propei. authority and
are -unable. to ship or to find other employrnent shall be sent to a proper
return port as soon ,is practicable, but the proper authority at any place
en voitte to such return port shall, if possible, _obtain employment for the
searnan.

11. A proper return port may be either the port at which the. seaman
was shipped or a port in the countrv to which he belonus.

The question of the return port to which, and the route by which,
a seallmil should be Sent shall be decided by the proper authority who
shall have rcuard both to the convenience of the seaman and to the
expense involved, and also,that is the case, to the fact that a
British ship which is in want of men, to make up its complement is
about to proceed to a proper return port.

In the case of a seanian belonfrina to a British possession who has
been shipped andout of United Kingdom, the proper au
thority may treat a port in the United Kingdom, as a proper return port.

12. A seaman may be sent to a proper return port by any reasonable
rout~ either by sea or land or partly by sea and partly by land.

For the whole or any part of the route which is by sea, the proper
authority.shall place the seaman on board a British ship whcih is in want
of mell to make up its Complement, or, it that is not practicable, shall
provide the seaman. with a passago in a British ship in accordance with
reaulation No. 17.

13. Whenever there is no British ship in which a distressed seaman
can be sent either to a proper return port or to a port en route thereto,
the proper authority mav, if he conAders it desirable, secure a passage
for him on the best terms obtaillable.

If the passage be, not prepaid, application should be made by the,
master of the ship to the proper authority at the port to which the
seanian has been so conveyed.





14. In cases in which it is found impossible, to arrange for a scallian'S
return as prescribed in the two preceding regulations, the proper au-
thoriy may provide a seaman With money for his passage, and as to any
part of the route, which is by land, inay pay the expenses of his journey
and of his maintenance during the journey, or provide him with means
to pay those expenses.

15. The proper authority at the port where a seaman is originally re-
lieved having determined, as hereinbefore mentioned, the return port to
which (be seaman is entitled to he sent, should indicate that port on any
document issued for his conveyance to that port or to any place en
route to such return port.

Il) cases of distressed seamen who cannot be sent direct to their
proper return port, the proper authority -.it any place en route and in
the case of expenses required to be incurred in the United Kingdom,
the Superintendent of Mercantile Marine, the officer hereby nalned by
the Board of Trade for this purpose, may defray, on ~chalf of the
authority originally making arrangements for the distressed seaman's
return to a proper return port, any expenses on acount of tbat seaman
which the authority originally acting in respect of him could defray.

16. The proper authority shall, whenever practicable, endorse upon
the agreement of any British ship in which distressed sealnell are to be
conveyed, either to a proper return port or to a port en route to such
port, the naine of each man put on board, specifying the day he embarks,
and shall also fill Up, sign, and delivere to the Inastel. of such ship an
order in a form approved by the Board of Trade (hereinafter called a
Q4 conveyance order), sliowin g thereon either the port to which, or the

country to a port in which. the sean-an is entitled to be sent.

17. The inaster of every British ship, to whatever port it may be
bound, is required to receive on board his ship and afford a passage
and maintenance to all distressed seamen, in compliance with the
conveyance order issued by the proper authority, not exceeding one
for every 50 tons burden, 'and shall during the passage provide every
such distressed seaman with a proper berth or sleeping place, effectually
C5
protected against sea and weather.

On arrival at the port to which a seaman has been so conveyed the
inaster shall produce the conveyance order to the proper authority, and
on satisfying him that the seaman has been so conveyed, maintained, and
provided for by him in excess of the number, if any, wanted to make up
the complement of his crew, shall be paid at the following rates, viz.
for a certificated officer or apprentice, 4 shillings and 6 pence a day





for other members of a crew, 3 shillings a day
for a lascar, 1 shilling and 6 pence a day.

If conveyed in vessels the property of the same owners as those to
which the persons conveyed have belonged, only half the above rates
should be paid.

18. Unless superior accommodation and subsistence be provided, the
rates payable for certificated officers and apprentices will be the same as
for the other inembers of a crew.

19. Whenever a ship with distressed seamen on board, who have
been rescued or picked up at sea, arrives at a port,, the proper authority
may pay the master of the ship for their subsistence at the rates herein-
before mentioned.

20. Expenses under these Regulations must not be incurred for
foreign seamen, after seving on a Brituish ship, when in their own
countries or in the Colonies of their own countries.

21. In order to provide for the passage to a proper return port of a
distressed scanian suffering from niental derangement, the proper

authority, with the object of ensuring that requisite care and attendance
shall be given to the seaman durino, the voyage, may make a special
arranueinent with a master agreeing to pay, if necessary, such sum for
the passage in addition to the usual allowance as may appear fair and
reasonable. under the circumstances. A copy of the agreement so
entered into should in every- case be forwarded to the Board of Trade
as soon as possible, and also, in aily ease where it is desirable to send
the seanian to a foreign port or to a port in a British possession,
whether en route or otherwise, to the proper authority at that port.

In the case of a seaman arriving under such circumstances at his port,
the proper authority may in addition to the usual allowance pay to the
master the aniount of the extra passago money on production of such an
agreement, and upon being satisfied that the seaman has received the
and attenda
special care , and stipulated for. An itninediate advice of
such a payment, together with the original agreement and the receipt of

the master for the passage money, should be sent to the Board of Trade.

22. Whenever a Dassage to a proper return port is required for a
distressed seanian at a port infected at the time with cholera, yellow
fever, or plague, or for a distressed seaman who has suffered from any
of those complaints, whether the port from which he is sent be an in-
fected port or not, a certificate should be obtained by the proper authority
from a duly qualified medical practitioner that he is not a source of





danger to others. The certificate should state the nature of the disease
from which the distressed seaman has suffered, and should be given to
the master of the conveying ship for production, if necessary, to medical
and sanitary authorities at other ports, and should be retained by him
until the distressed seaman reaches his proper return port, or, in the case
of a seaman conveyed to an intermediate port, the certificate shall be
delivered with the conveyance order to the proper authority at such port.

23. In the case of a seaman discharged or left behind suffering from
venereal disease or any illness due to his own wilful act or default or to
his own misbehaviour, who has to be dealt with under these Regulations,
the expense of providing necessary surgical and medical advice and
attendance and medicine, and also the expenses of the maintenance
of such seaman until lie is cured, or dies, or is returned to a proper
return port, and of his conveyance to such port, and in the case of death
the expense (if any) of his burial shall be niet as far as possible out of
his wages.
Definitions. Regulations. Persons who may be relieved. [s. 41.] Limitation of time. Stow aways. Relief to be discontinued in certain circumstances. Wrecked seamen. Nature of relierf. Regulations. Clothing and medical expenses. Period of relief. Disposal of distressed seamen. Proper return port. [ss. 45, 47.] Mode of providing for return. [s.46.] Conveyance by foreign ships. Regulations. Expenses of journey [s. 46.] Return port to be specified. Action of proper authority at places en route. [s. 46.] Endorsement on agreement and issue of conveyance order obligation of masters of british ships to convey seamen. [s. 48.] Rates of passage. Regulations. Certificated officers and apprentices. Rescued seamen. Foreign seamen. Seamen mentally deranged. Seamen at infected ports. Regulations. Certain cases of illness.

Definitions. Regulations. Persons who may be relieved. [s. 41.] Limitation of time. Stow aways. Relief to be discontinued in certain circumstances. Wrecked seamen. Nature of relierf. Regulations. Clothing and medical expenses. Period of relief. Disposal of distressed seamen. Proper return port. [ss. 45, 47.] Mode of providing for return. [s.46.] Conveyance by foreign ships. Regulations. Expenses of journey [s. 46.] Return port to be specified. Action of proper authority at places en route. [s. 46.] Endorsement on agreement and issue of conveyance order obligation of masters of british ships to convey seamen. [s. 48.] Rates of passage. Regulations. Certificated officers and apprentices. Rescued seamen. Foreign seamen. Seamen mentally deranged. Seamen at infected ports. Regulations. Certain cases of illness.

https://oelawhk.lib.hku.hk/items/show/1054

1912

v3

6