INTERNATIONAL LABOUR OFFICE
STUDIES AND REPORTS
Series P (Seamen) No. 1
SEAMEN'S
ARTICLES OF AGREEMENT
COLLECTION OF LAWS AND REGULATIONS
ON THE ENGAGEMENT, DISMISSAL, REPATRIATION
AND DISCIPLINE OF SEAMEN
GENEVA
1926
CONTENTS
INTRODUCTION
GREAT BRITAIN
Merchant Shipping Act, 1894
Merchant Shipping Act, 1906
FRANCE
Law concerning the Safety of Maritime Navigation and the Regulation of Work on Board Merchant Vessels, 1907
Commercial Code
GERMANY
Seamen's Act, 1902
DENMARK
Seamen's Act, 1923
Act on the Engagement of Seamen, 1872
NORWAY
Seamen's Act, 1923
SWEDEN
Seamen's Act, 1922
FINLAND
Seamen's Act, 1924
NETHERLANDS
Commercial Code
BELGIUM
Commercial Code
Maritime Disciplinary and Penal Code, 1849
. . .
Rovai Order laying down the Duties of Maritime Superintendents,
" 1843
Royal Order respecting the Engagement of Seamen Abroad, 1914
Royal Order respecting Maritime Police, 1914
ITALY
Mercantile Marine Code
Regulations for the Carrying into Effect of the Provisions of the
Mercantile Marine Code, 1879
vu
1
2
56
71
72
81
89
90
117
118
135
139
140
155
156
175
176
195
196
211
212
217
228
231
233
239
240
261
IV
CONTENTS
SPAIN
277
Commercial Code
Royal Decree t o A p p r o v e the Regulations respecting the Engagem e n t of Crews for Merchant Vessels, 1925
Royal Decree Approving the Draft Penal Act for t h e Mercantile
Marine appended thereto, 1923
PORTUGAL
298
306
319
Commercial Code
Legislative Decree on Navigation, 1863
320
329
GREECE
331
Act relating t o Maritime Commerce, 1910
P e n a l and Disciplinary Code of the Mercantile Marine, 1923 . . . .
ROUMANIA
332
343
359
Commercial Code
Law on the Organisation of the Mercantile Marine
360
368
BULGARIA
377
Regulations concerning the Crews of M e r c h a n t Vessels of the Bulgarian Company
RUSSIA
Code: Merchant Shipping, 1924
Criminal Code of t h e Russian Federative Soviet-Republic
278
378
387
. . . .
U N I T E D STATES
United States Compiled S t a t u t e s , 1918: Merchant S e a m e n . . . .
CANADA
An Act respecting Shipping in Canada
A R G E N T I N E R E P U B L I C , P A R A G U A Y , AND U R U G U A Y
Commercial Code (Argentine Republic, P a r a g u a y )
Criminal Code (Argentine Republic)
Commercial Code (Uruguay)
BRAZIL
Commercial Code, 1850
Regulations relating to H a r b o u r Authorities, 1925
C H I L I , COLOMBIA, G U A T E M A L A
Commercial Code
COSTARICA
Commercial Code
C U B A , H O N D U R A S , M E X I C O , P E R U , SALVADOR
Commercial Code
Regulations of the Mercantile Marine a n d P o r t Authorities (Peru)
ECUADOR, VENEZUELA
Commercial Code
Maritime Police Regulations for the P o r t s of the Republic of
E c u a d o r , 1906
388
432
433
434
463
464
509
510
528
529
549
550
562
601
602
627
628
643
645
666
693
694
703
CONTENTS
V
HAITI, SAN DOMINGO
711
Commercial Code
712
PANAMA
721
Commercial Code, 1916
722
JAPAN
743
Commercial Code
Mariners'Act, 1899
*j.
The Detailed Regulations for the Enforcement of the Mariners' Act
Punishment of Seamen Act
INDIA
771
Merchant Shipping Act, 1923
772
AUSTRALIA
805
Navigation Act, 1912-1920
N E W ZEALAND
Shipping
Shipping
Shipping
Shipping
744
749
758
769
'.
8 06
853
and Seamen Act, 1908
and Seamen Amendment Act, 1909
and Seamen Amendment Act, 1911
and Seamen Amendment Act, 1913
854
884
887
890
INTRODUCTION
The preparation of the present collection of laws and regulations
on the engagement, dismissal, repatriation, and discipline of
seamen was undertaken by the International Labour Office at the
request of the Joint Maritime Commission.
It will be recalled that the International Labour Conference
at its Session at Genoa in 1920 adopted a resolution in favour of
the establishment of an international seamen's code, and also a
Recommendation inviting each of the Governments to embody in
a national code all its regulations relating to the work of seamen.
The discussions of the Conference brought out the fact that the
proposed work of codification, whether national or international,
would be much facilitated by a complete collection of the laws
and regulations governing seamen's conditions of work. For the
successful.drafting of an international seamen's code requires that
the rules common to a large number of countries should be sifted
out, while at the same time a knowledge of the nature and
growth of the different systems in force cannot but be of the
greatest value in preparing the national codes desired by the
Conference.
For these reasons, the Joint Maritime Commission, when considering the possibility of establishing an international seamen's
code, was naturally led to propose that the International Labour
Office should publish a complete collection of legislation on the
work of seamen. In the idea of the Commission the collection
was to cover all legislation in every country on the various aspects
of maritime labour: regulation of the actual work; regulation of
engagement and dismissal; enforcement of such regulations;
disciplinary provisions; legislation on repatriation; regulation of
social insurance; Acts, regulations and international agreements
concerning safety on board ship, etc.
Vili
INTRODUCTION
Such a collection must necessarily be the work of years, and the
work obviously had to be divided up. A suitable line of division
was suggested by the agenda of the Ninth Session of the Conference, at which maritime questions are to be discussed. On the
advice of the Joint Maritime Commission, the Governing Body of
the International Labour Office decided to place on the agenda
of this session " the international codification of the rules relating
to seamen's articles of agreement ", and the first part of the
collection accordingly deals with legislation on articles of agreement.
*
*
*
The first requirement was to make a detailed list of the laws
and regulations in force in each country. This task, which necessitated considerable research and the assistance of the Governments,.
has now been completed. The next was to select the texts to be
included in the collection — a selection which was complicated
by the difficulty of isolating legislative measures dealing solely
with engagement, dismissal, repatriation, and discipline. Wage
regulations, for instance, are often too closely connected with those
governing the articles of agreement to allow of a clear distinction.
Similarly, for the captain, who is both the representative and
employee of the shipowner and the head of the maritime expedition,
it is often very difficult to separate certain commercial provisions
from the rules of his articles of agreement properly so called.
Such provisions have therefore been taken into account in so far
as they could be considered to form part of the law on articles of
agreement.
Several countries have not yet enacted special legislation on the
work of seamen. All that could be done in their case was to
reproduce the few provisions affecting the engagement of seamen
to be found in more general laws, in particular in commercial
legislation.
Some maritime States are not represented in this collection.
As a rule the omission is due to the state of legislation in these
countries, as, for instance, in Esthonia, Latvia, and Lithuania,
where laws are being drafted to replace the former Russian legislation. In the Serb-Croat-Slovene Kingdom, too, pre-war legislation is still in force, but is shortly to be revised. For certain
INTRODUCTION
IX
countries — China, Persia, and Siam — it has not been possible
to find any laws of the kind in question.
A special note is necessary for France. It will be remembered
that a " Code of Seamen's Work " and a " Disciplinary and Penal
Code for the Mercantile Marine " a r e shortly to replace the many
laws at present in force. As this publication contains only actual
laws, it does not reproduce the texts of these two Codes, which,
although they have been adopted by the Chamber of Deputies,
are still in the form of Bills, requiring the approval of the Senate.
Hence all that has been done for France is to reproduce certain
provisions of the Commercial Code and the Act of 17 April 1907,
and the reader is referred to future issues of the Legislative Series
of the International Labour Office, in which the full texts oí these
two Codes will be published as soon as they are promulgated.
The preparation of the collection has brought out the fact t h a t
in certain countries the laws are very similar and sometimes even
identical. This is so for the four Northern European countries,
Denmark, Finland, Norway, and Sweden, and especially for several
States of Latin America, in which the very wording of the Acts
presents only slight differences. For these countries, the provisions of the Maritime or Commercial Codes relating to the engagement of seamen may be arranged in a certain number of groups,
within each of which the texts are practically identical. They are
as follows:
(1) Argentina, Paraguay x ;
(2) Chile, Colombia, Guatemala;
(3) Cuba, Honduras, Mexico (except certain passages),
Peru, Salvador;
(4) Ecuador, Venezuela;
(5) Haiti, San Domingo.
1
The Uruguayan Code is on the whole the same as those for Argentina
and Paraguay, but on certain points there are fairly considerable differences.
It may be added that for this first group the Acts are very similar to the
Spanish Commercial Code, which itself resembles the various laws subject
to the influence of the French Commercial Code.
X
INTRODUCTION
Under these conditions, an obvious proceeding was to prepare
for each group a single text combining those for all the countries
of the group. Over and above the advantage of reducing the size
of the publication and facilitating the work of research, there were
other arguments in favour of this method. The actual similarity
of the laws seemed of importance, and it was thought that by
combining them in a single text their similarities and differences
would be brought out more clearly. There are certain obvious
practical difficulties in preparing a text of this kind. The method
used is to print in ordinary type the text common to all the
countries of the group, and in italics the passages containing
differences, with an indication of the country or countries to
which each variant refers. Owing to the relatively small number
of differences, it is believed that this arrangement offers a satisfactory solution of the practical difficulties.
A few words should be added for the Spanish-speaking countries
not named above, whose laws have had to be given separately
in spite of certain similarities. Thus, the legislation of Panama
might be classified in the first group so far as regulations on officers
are concerned; in the third group for regulations on the captain;.
and in the fourth group for those on the crew. The Commercial
Code of Uruguay is very similar to those of the countries in the
first group, although there are certain important differences. The
Commercial Code of Costa Rica is analogous to those of groups (1)
and (4), but with considerable differences.
Finally, the Commercial Code of Nicaragua (12 March 1869) hasbeen amended by a number of Decrees, and the codification of all
these texts is at present in progress. For this reason, and also
on account of the difficulties met with in trying to procure the
amending Decrees, it was decided to omit the Nicaraguan legislation.
Special reference should be made to the interest taken in this
work in maritime and legal circles. As already explained, it is
intended only as a first stage, and the further publication of the
INTRODUCTION
XI
principal legislation on seamen's conditions of work will be carried
out as circumstances allow.
The Office is very much indebted to the Governments, organisations, and individuals who have assisted in the work. In particular,
special thanks are due to the British Shipping Federation and
to its legal adviser, Dr. William Roosegaard Bisschop, whose
assistance has been of very great value.
GREAT BRITAIN
British maritime law was codified by the Merchant Shipping Act
/of 1894, parts of which were amended by the Merchant Shipping Act
iof 1906. In pursuance of these Acts and the powers conferred on it,
the Board of Trade, which is responsible for the administration of the
mercantile marine, has issued orders and regulations relating to the
various sections of the Acts.
The extracts given below, however, cover only legislation properly
¿o called with respect to the articles of agreement, discharge, repatriation, and discipline of seamen. The inclusion of administrative
regulations would have added excessively to the bulk of this publication.
It may be added that Great Britain has ratified the Genoa (1920)
•Conventions " fixing the minimum age for admission of children to
(employment at sea" 1 and "concerning unemployment indemnity in
•ease of loss or foundering of the ship" 2, and the Geneva (1921)
Conventions " fixing the minimum age for the admission of young
persons to employment as trimmers or stokers" 2 and "concerning
'the compulsory medical examinations of children and young persons
.employed at sea" 2 .
1
The Act ratifying this Convention was published in the Legislative Series
•of 2the International Labour Office. See L. S. 1920 — G. B. 9.
The ratification Act of 31 July 1925 was published in the Legislative
iSeries.of the International Labour Office. See L. S. 1925 — G.B. 5.
2
GREAT BRITAIN
Merchant Shipping Act, 1894
[57
& 58 VICT., CH.
60]
PART II
MASTERS AND SEAMEN
Certificates of Competency
Certificates
tency"toebe
officer/of
ships."
92. (1) Every British foreign-going ship and every British
home-trade passenger ship, when going to sea from any place in
tne
United Kingdom, and every foreign steam ship carrying
passengers between places in the United Kingdom, shall be provided with officers duly certificated under this Act according tcthe following scale :
(a) In any case with a duly certificated master;
(b) If the ship is of one hundred tons burden or upwards with
at least one officer besides the master holding a certificatenot lower than that of
(i) mate in the case of a home-trade passenger ship;
(ii) second mate in the case of a foreign-going sailing ship.
of not more than two hundred tons burden; and
(iii) only mate in the case of any other foreign-going ship ^
(c) If the ship is a foreign-going ship, and carries more than one
mate, with at least the first and second mates duly certificated;
(d) If the ship is a foreign-going steam ship of one hundred.
nominal horse-power or upwards, with at least two engineers
one of whom shall be a first-class and the other a first-class.
or second-class engineer duly certificated;
(e) If the ship is a foreign-going steam ship of less than onehundred nominal horse-power or a sea-going home-trade.
passenger steam ship, with at least one engineer who is a
first-class or second-class engineer duly certificated.
(2) If any person
(a) having been engaged as one of the above-mentioned officersgoes to sea as such officer without being duly certificated; or(b) employs a person as an officer, in contravention of this.
section, without ascertaining that the person so serving is;
duly certificated,
that person shall be liable for each offence to a fine not exceeding;
fifty pounds.
MERCHANT SHIPPING ACT, 1894
3
(3) An officer shall not be deemed duly certificated, within the
meaning of this section, unless he is the holder for the time being
of a valid certificate of competency under this Act of a grade
appropriate to his station in the ship, or of a higher grade.
93. (1) Certificates of competency shall be granted, in accordance with this Act, for each of the following grades; that is to say,
Master of a foreign-going ship ;
First mate of a foreign-going ship:
Second mate of a foreign-going ship ;
Only mate of a foreign-going ship ;
Master of a home-trade passenger ship;
Mate of a home-trade passenger ship ;
First-class engineer;
Second-class engineer.
(2) A certificate of competency for a foreign-going ship shall be
deemed to be of a higher grade than the corresponding certificate
for a home-trade passenger ship, and shall entitle the lawful holder
thereof to go to sea in the corresponding grade in the last-mentioned ship; but a certificate for a home-trade passenger ship
shall not entitle the holder to go to sea as master or mate of a
foreign-going ship.
[Sections 94 and 95 repealed by Merchant Shipping (certificates)
Act, 1914, which substitutes the following:]
94. (1) For the purpose of granting certificates of competency
as masters or mates to persons desirous of obtaining such certificates, examinations shall be held at such places as the Board
of Trade direct.
(2) The Board of Trade may appoint times for the examinations,
and may appoint, remove, and reappoint examiners to conduct
the examinations, and determine the remuneration of those examiners, and may regulate the conduct of the examinations and
the qualification of the applicants, and may do all such acts and
things as they think expedient for the purpose of the examinations.
Grades of
certificates
of competency.
Examinations for certificates of
competency
as masters
or mates.
96. (1) For the purpose of granting certificates of competency
as engineers to persons desirous of obtaining the same, examinations shall be held at such places as the Board of Trade direct.
(2) The Board of Trade may appoint times for the examinations,
and may appoint, remove, and re-appoint examiners to conduct
the same and determine the remuneration of those examiners, and
may regulate the conduct of the examinations and the qualification of the applicants and may do all such acts and things as they
think expedient for the purpose of the examinations.
Engineers'
certificates of
competency.
98. (1) The Board of Trade shall, subject as hereinafter mentioned, deliver to every applicant who is duly reported by the
examiners to have passed the examination satisfactorily, and to
have given satisfactory evidence of his sobriety, experience, ability,
and general good conduct on board ship, such a certificate of
competency as the case requires.
Grant of
certificates
on passing
examination.
4
GREAT
BRITAIN
(2) The Board of Trade may in any case in which a report
appears to them to have been unduly made, remit the case either
to the examiners who made the report or to any other examiners,
and may require a re-examination of the applicant, or a further
inquiry into his testimonials and character, before granting him
a certificate.
Certificates
of service
(or naval
officers.
99. (1) A person who has attained the rank of lieutenant, sublieutenant, navigating lieutenant, or navigating sub-lieutenant in
Her Majesty's Navy, or of lieutenant in Her Majesty's Indian
Marine Service, shall be entitled to a certificate of service as
master of a foreign-going ship without examination.
(2) A person who has attained the rank of engineer or assistant
engineer in Her Majesty's Navy or Indian Marine Service, shall
be entitled without examination, if an engineer, to a certificate of
service as first-class engineer, and if an assistant engineer to a
certificate of service as second-class engineer.
(3) A certificate of service shall differ in form from a certificate
of competency, and shall contain the name and rank of the person
to whom it is delivered, and the Board of Trade shall deliver a
certificate of service to any person who proves himself to be
entitled thereto..
(4) The provisions of this Act (including the penal provisions)
shall apply in the case of a certificate of service as they apply in the
case of a certificate of competency, except that the provisions
allowing a holder of a certificate of competency as master of a
foreign-going ship to go to sea as master or mate of a home-trade
passenger ship shall not apply.
Form and
record of
certificate.
100. (1) All certificates of competency shall be made in duplicate, one part to be delivered to the person entitled to the certificate
and one to be preserved.
(2) Such last-mentioned part of the certificate shall be preserved,
and a record of certificates of competency and the suspending,
cancelling, or altering of the certificates and any other matter
affecting them shall be kept, in such manner as the Board of Trade
direct, by the Registrar-General of Shipping and Seamen or by
such other person as the Board of Trade direct.
(3) Any such certificate and any record under this section shall
be admissible in evidence in manner provided by this Act.
Loss of
certificate.
101. If a master, mate, or engineer proves to the satisfaction of
the Board of Trade that he has, without fault on his part, lost or
been deprived of a certificate already granted to him, the Board of
Trade shall, and in any other case may, upon payment of such fee
(if any) as they direct, cause a copy of the certificate to which, by
the record kept in pursuance of this Act, he appears to be entitled,
to be certified by the Registrar-General of Shipping and Seamen, or
other person directed to keep the record, and to be delivered to
him; and a copy purporting to be so certified shall have all the
effect of the original.
MERCHANT SHIPPING ACT, 1 8 9 4
5
102. Where the legislature of any British possession provides colonial cerfor the examination of, and grant of certificates of competency competency.
to, persons intending to act as masters, mates, or engineers on
board ships, and the Board of Trade report to Her Majesty that
they are satisfied that the examinations are so conducted as to be
equally efficient with the examinations for the same purpose in the
United Kingdom under this Act, and that the certificates are
granted on such principles as to show the like qualifications and
competency as those granted under this Act, and are liable to be
forfeited for the like reasons and in the like manner, Her Majesty
may by Order in Council
(i) declare that the said certificates shall be of the same force
as if they had been granted under this Act; and
(ii) declare that all or any of the provisions of this Act, which
relate to certificates of competency granted under this Act,
shall apply to the certificates referred to in the Order; and
(iii) impose such conditions and make such regulations with
respect to the certificates, and to the use, issue, delivery,
cancellation, and suspension thereof, as Her Majesty may
think fit, and impose fines not exceeding fifty pounds
for the breach of those conditions and regulations.
103.
(1) The master of a foreign-going ship
Production
of certificates
(a) on signing the agreement with the crew before a superin- of comtendent shall produce to him the certificates of competency superintenwhich the master, mates, and engineers of the ship are by (lentthis Act required to hold; and
(b) in the case of a running agreement shall also, before the
second and every subsequent voyage, produce to the superintendent the 'certificate of competency of any mate or
engineer then first engaged by him who is required by this
Act to hold a certificate.
(2) The master or owner of every home-trade passenger ship
of more than eighty tons burden shall produce to some superintendent within twenty-one days after the thirtieth of June and
the thirty-first of December in every year the certificates of competency which the master, mates, and engineers of the ship are
by this Act required to hold.
(3) Upon the production of the certificates of competency, the
superintendent shall, if the certificates are such as the master,
mates, and engineers of the ship ought to hold, give to the master
a certificate to the effect that the proper certificates of competency
have been so produced.
(4) The master shall, before proceeding to sea, produce the
superintendent's certificate to the chief officer of customs, and the
ship may be detained until the certificate is produced.
104.
If any person
J
r
Forgery, etc
of certificate
(a) forges or fraudulently alters, or assists in forging or fraudu- °L com "
lently altering, or procures to be forged or fraudulently
GREAT BRITAIN
altered, any certificate of competency, or an official copy
of any such certificate; or
(b) makes, assists in making, or procures to be made, any
false representation for the purpose of procuring either for
himself or for any other person a certificate of competency;
or
(c) fraudulently uses a certificate or copy of a certificate of
competency which has been forged, altered, cancelled or
suspended, or to which he is not entitled; or
(d) fraudulently lends his certificate of competency or allows
it to be used by any other person,
that person shall in respect of each offence be guilty of a misdemeanour.
Apprenticeship to the Sea Service
Assistance
given by
superintendents as to
apprenticeship.
105. All superintendents shall give to persons desirous of
apprenticing boys to or requiring apprentices for the sea service,
such assistance as may be in their power, and may receive from
those persons such fees as the Board of Trade fix, with the Concurrence, so far as relates to pauper apprentices in England, of the
Local Government Board, and so far as relates to pauper apprentices in Ireland, of the Local Government Board for Ireland.
Apprenticesnips of
paupers in
Great
Britain and
Ireland.
106. Subject to the special provisions of this Act, apprenticeships to the sea service made by a board of guardians or persons
having the authority of a board of guardians shall, if made in
Great Britain, be made in the same manner and be subject to the
same laws and regulations as other apprenticeships made by
such boards or persons; and if made in Ireland, be subject to the
following regulations :
(a) The board of guardians or other persons in any poor law
union may put out and bind as apprentice to the sea service
any boy who, or whose parent, is receiving relief in the
union, and who has attained the age of twelve years, and
is of sufficient health and strength, and consents to be
bound;
(b) If the cost of relieving the boy is chargeable to an electoral
division of a poor law union, then (except where paid
officers act in place of guardians) he shall not be so bound
unless the consent in writing of the guardians of that division, or of a majority of them, if more than one, is first
obtained, and that consent shall, if possible, be endorsed
on the indenture;
(c) The expenses incurred in the binding and outfit of any such
apprentice shall be charged to the poor law union or
electoral division, as the case may be, to which the boy or
his parent is chargeable at the time of his being apprenticed ;
(d) All indentures made in a poor law union may be sued on
by the board of guardians of the union, or persons having
MERCHANT SHIPPING ACT, 1 8 9 4
7
the authority of such board, by their name of office; and
actions so brought shall not abate by reason of any death
or change in the persons holding office, but such an action
shall not be commenced without the consent of the Local
Government Board for Ireland;
{e) The amount of the costs incurred in any such action, and
not recovered from the defendant, may be charged as the
expenses incurred in binding out the apprentice.
107. Every indenture of apprenticeship to the sea service Attestation
made in the United Kingdom by a board of guardians, or persons appreiuîcehaving the authority of a board of guardians, shall be executed snlDby the boy and the person to whom he is bound in the presence of
and shall be attested by two justices of the peace, and those
justices shall ascertain that the boy has consented to be bound
and has attained the age of twelve years and is of sufficient
health and strength, and that the person to whom the boy is
bound is a proper person for the purpose.
108. (1) Every indenture of apprenticeship to the sea service special proshall be executed in duplicate and shall be exempt from stamp Ippîentlce'-0
sn| t 0 tDe
dutv
p
J-
(2) Every indenture of apprenticeship to the sea service, made
in the United Kingdom, and every assignment or cancellation
thereof, and, where the apprentice bound dies or deserts, the fact
of the death or. desertion, shall be recorded.
:
(3) For the purpose of the record
'
(a) a person to whom an apprentice to the sea service is bound
shall within seven days of the execution of the indenture
take or transmit to the Registrar-General of Shipping and
Seamen, or to a superintendent, the indenture executed in
duplicate, and the Registrar-General or superintendent
shall keep and record the one indenture and endorse on the
other the fact that it has been recorded and re-deliver it to
the master of the apprentice;
(b) the master shall notify any assignment or cancellation of
the indenture, or the death or desertion of the apprentice, to
the Registrar-General of Shipping and Seamen, or to a
superintendent, within seven days of the occurrence, if it
occurs within the United Kingdom; or, as soon as circumstances permit, if it occurs elsewhere.
(4) If any person fails to comply with any requirement of this
section, he shall for each offence be liable to a fine not exceeding
ten pounds.
109. (1) The master of a foreign-going ship shall, before
carrying an apprentice to sea from a port in the United Kingdom
cause the apprentice to appear before the superintendent before
whom the crew are engaged, and shall produce to the superintendent the indenture by which the apprentice is bound, and every
assignment thereof.
sea service.
production
^ s'uplìrÌnten«lent before
foreign- "
g 0 l n 8 9h,p-
8
GREAT BRITAIN
(2) The name of the apprentice, with the date of the indenture
and of the assignments thereof, if any, and the names of the ports
at which the same have been registered, shall be entered on the.
agreement with the crew.
(3) If the master fails without reasonable cause to comply
with any requirement of this section he shall for each offence be
liable to a fine not exceeding five pounds.
Licences to supply Seamen
Licence for
supply for
seamen.
110. The Board of Trade may grant to such persons as the
Board think fit licences to engage or supply seamen or apprenticesfor merchant ships in the United Kingdom, and any such licence^
shall continue for such period, and may be granted and revoked on
such terms and conditions as the Board think proper.
Penalty for
engaging
seamen
without
licence.
111. (1) A person shall not engage or supply a seaman or
apprentice to be entered on board any ship in the United Kingdom.
unless that person either holds a licence from the Board of Trade'
for the purpose, or is the owner or master or mate of the ship,.
or is bona fide the servant and in the constant employment of theowner, or is a superintendent.
(2) A person shall not employ for the purpose of engaging or
supplying a seaman or apprentice to be entered on board any ship
in the United Kingdom any-person, unless that person either
holds a licence from the Board of Trade for the purpose or is the
owner or master or mate of the ship, or is bona fide the servant
and in the constant employment of the owner, or is a superintendent.
(3) A person shall not receive or accept to be entered on board
any ship any seaman or apprentice, if that person knows that the=
seaman or apprentice has been engaged or supplied in contravention
of this section.
(4) If a person acts in contravention of this section, he shall
for each seaman or apprentice in respect of whom an offence is
committed be liable to a fine not exceeding twenty pounds, and
if a licensed person, shall forfeit his licence.
112. (1) A person shall not demand or receive directly or indirectly from a seaman or apprentice to the sea service, or from
a person seeking employment as a seaman or apprentice to the
sea service, or from a person on his behalf, any remuneration
whatever for providing him with employment other than any fees
authorised by this Act.
(2) If a person acts in contravention of this section, he shall
for each offence be liable to a fine not exceeding five pounds.
Penalty for
receiving
remuneration from
seamen for
engagement.
Engagement of Seamen
Agreements
with crew.
113. (1) The master of every ship, except ships of less than
eighty tons registered tonnage exclusively employed in trading
between different ports on the coasts of the United Kingdom, shall
MERCHANT SHIPPING ACT, 1 8 9 4
9
enter into an agreement (in this Act called the agreement with the
crew) in accordance with this Act with every seaman whom he
carries to sea as one of his crew from any port in the United
Kingdom.
(2) If a master of a ship carries any seaman to sea without
entering into an agreement with him in accordance with this Act,
the master in the case of a foreign-going ship, and the master or
owner in the case of a home-trade ship, shall for each offence be
liable to a fine not exceeding five pounds.
114. (1) An agreement with the crew shall be in a form
approved by the Board of Trade, and shall be dated at the time of
the first signature thereof, and shall be signed by the master before
a seaman signs the same.
(2) The agreement with the crew shall contain as terms thereof
the following particulars:
(a) either the nature, and, as far as practicable, the duration
of the intended voyage or engagement, or the maximum
period of the voyage or engagement and the places or parts
of the world, if any, to which the voyage or engagement is
not to extend;
(b) the number and description of the crew, specifying how
many are engaged as sailors;
(c) the time at which each seaman is to be on board or to begin
work;
(d) the capacity in which, each seaman is to serve ;
(e) the amount of wages which each seaman is to receive;
(/) a scale of the provisions which are to be furnished to each
seaman ;
(g) any regulations as to conduct on board, and as to fines,
short allowance of provisions, or other lawful punishment
for misconduct which have been approved by the Board
of Trade as regulations proper to be adopted, and which
the parties agree to adopt.
(3) The agreement with the crew shall be so framed as to admit
of such stipulations, to be adopted at the will of the master and
seaman in each case, whether respecting the advance and allotment
of wages or otherwise, as are not contrary to law.
(4) If the master of a ship registered at a port out of the United
Kingdom has an agreement with the crew made in due form
according to the law of that port or of the port in which her crew
were engaged, and engages single seamen in the United Kingdom,
those seamen may sign the agreement so made, and it shall not
then be necessary for them to sign an agreement in the form
approved by the Board of Trade.
Form, period,
and conditions of
agreements
with crew.
115. The following provisions shall have effect with respect to
the agreements with the crew made in the United Kingdom in
the case of foreign-going ships registered either within or without
the United Kingdom:
Special provisions ss to
agreements
forV|gnr-ew °'
going ships.
10
GREAT
BRITAIN
(1) The agreement shall (subject to the provisions of this Act
as to substitutes) be signed by each seaman in the presence
of a superintendent;
(2) The superintendent shall cause the agreement to be read
over and explained to each seaman, or otherwise ascertain
that each seaman understands the same before he signs
it, and shall attest each signature ;
(3) When the crew is first engaged the agreement shall be signed
in duplicate, and one part shall be retained by the superintendent, and the other shall be delivered to the master, and
shall contain a special place or form for the descriptions and
signatures of substitutes or persons engaged subsequently
to the first departure of the ship;
(4) Where a substitute is engaged in the place of a seaman
who duly signed the agreement, and whose services are
within twenty-four hours of the ship's putting to sea lost by
death, desertion, or other unforeseen cause, the engagement
shall, when practicable, be made before a superintendent,
and, when not practicable, the master shall, before the ship
puts to sea, if practicable, and if not, as soon afterwards
as possible, cause the agreement to be read over and explained to the substitute, and the substitute shall thereupon sign the same in the presence of a witness, and the
witness shall attest the signature;
(5) The agreements may be made for a voyage, or if the voyages
of the ship average less than six months in duration may be
made to extend over two or more voyages, and agreements
so made to extend over two or more voyages are in this Act
referred to as running agreements;
(6) Running agreements shall not extend beyond the next
following thirtieth day of June or thirty-first day of
December, or the first arrival of the ship at her port of
destination in the United Kingdom after that date, or the
discharge of cargo consequent on that arrival;
(7) On every return to a port in the United Kingdom before
the final termination of a running agreement, the master
shall make on the agreement an endorsement as to the
engagement or discharge of seamen, either that no engagements or discharges have been made, or are intended to be
made before the ship leaves port, or that all those made
have been made as required by law, and if a master wilfully
makes a false statement in any such endorsement, he shall
for each offence be liable to a fine not exceeding twenty
pounds ;
(8) The master shall deliver the running agreement so endorsed
to the superintendent, and the superintendent shall, if the
provisions of this Act relating to agreements have been
complied with, sign the endorsement and return the
agreement to the master;
MERCHANT SHIPPING ACT, 1 8 9 4
11
(9) The duplicate running agreement retained by the superintendent on the first engagement of the crew shall either be
transmitted to the Registrar-General of Shipping and
Seamen immediately, or kept by the superintendent until
the expiration of the agreement, as the Board of Trade
direct.
116. The following provisions shall have effect with respect to
the agreements with the crew of home-trade ships for which an
agreement with the crew is required under this Act:
(1) Agreements may be made either for service in a particular
ship or for service in two or more ships belonging to the
same owner, but in the latter case the names of the ships
and the nature of the service shall be specified in the
agreement ;
<(2) Crews or single seamen may, if the master think fit, be
engaged before a superintendent in the same manner as they
are required to be engaged for foreign-going ships, but if the
engagement is not so made, the master shall, before the ship
puts to sea, if practicable, and if not, as soon after as
possible, cause the agreement to be read and explained to
each seaman, and the seaman shall thereupon sign the same
in the presence of a witness, and the witness shall attest
the signature;
(3) An agreement for service in two or more ships belonging
to the same owner may be made by the owner instead of by
the master; and the provisions of this Act with respect to
the making of the agreement shall apply accordingly;
(4) Agreements shall not, in the case of ships of more than
eighty tons burden, extend beyond the next following
thirtieth day of June or thirty-first day of December or the
first arrival of the ship at her final port of destination in the
United Kingdom after that date or the discharge of cargo
consequent on that arrival : Provided that the owner or his
agent may enter into time agreements in forms sanctioned by
the Board of Trade with individual seamen to serve in any
one or more ships belonging to such owner,- and those
agreements need not expire on the thirtieth day of June
or the thirty-first day of December, and a duplicate of every
such agreement shall be forwarded to the Registrar-General
of Shipping and Seamen within forty-eight hours after it has
been entered into.
Special provisions as to
agreements
with crew of
home-trade
ships.
117. (1) The master of every foreign-going ship whose crew
has been engaged before a superintendent shall, before finally
leaving the United Kingdom, sign, and send to the nearest
superintendent, a full and accurate statement, in a form approved
by the Board of Trade, of every change which takes place in his
«rew before finally leaving the United Kingdom, and that statement shall be admissible in evidence in manner provided by this
Act.
Changes In
crew of
foreign-going
ship to be
reported.
12
GREAT
BRITAIN
(2) If a master fails without reasonable cause to comply with
this section, he shall for each offence be liable to a fine not exceeding
five pounds.
Certificate
as to agreements with
crew of
foreign-going
ships.
Certificate
as to agreements with
crew of
home-trade
ships.
118. (1) In the case of a foreign-going ship, on the dueexecution of an agreement with the crew in accordance with thisAct, and also, where the agreement is a running agreement, on
compliance by the master, before the second and every subsequent
voyage made after the first commencement of the agreement,,
with the provisions of this Act respecting that agreement, the
superintendent shall grant the master of the ship a certificateto that effect.
(2) The master of every foreign-going ship shall, before proceeding to sea, produce to the officer of customs that certificate,.
and any such ship may be detained until the certificate is produced.
(3) The master of every foreign-going ship shall, within fortyeight hours after the ship's arrival at her final port of destination
in the United Kingdom or upon the discharge of the crew, whichever first happens, deliver his agreement with the crew to the
superintendent, and the superintendent shall give the master a
certificate of that delivery; and an officer of customs shall not.
clear the ship inwards until the certificate of delivery is produced,.
and if the master fails without reasonable cause so to deliver theagreement with the crew, he shall for each offence be liable to a
fine not exceeding five pounds.
119. (1) The master or owner of a home-trade ship of morethan eighty tons burden shall within twenty-one days after the
thirtieth day of June and the thirty-first day of December in every
year deliver or transmit to a superintendent in the United Kingdom
every agreement with the crew made for the ship within six monthsnext preceding those days respectively.
(2) The superintendent on receiving the agreement shall give
the master or owner of the ship a certificate to that effect, and the
ship shall be detained unless the certificate is produced to the
proper officer of customs.
(3) If the master or owner fails without reasonable cause to
comply with this section, he shall for each offence be liable to a
fine not exceeding five pounds.
Copy of
agreement
to be made
accessible
to crew.
120. (1) The master shall at the commencement of every
voyage or engagement cause a legible copy of the agreement with
the crew (omitting the signatures), to be posted up in some part
of the ship which is accessible to the crew.
(2) If the master fails without reasonable cause to comply with
this section, he shall for each offence be liable to a fine not
exceeding five pounds.
Forgery, etc.
of agreements with
crew.
121. If any person fraudulently alters, makes any false entry
in, or delivers a false copy of, any agreement with the crew, that
person shall in respect of each offence be guilty of a misdemeanour,
and if any person assists in committing or procures to be committed
MERCHANT SHIPPING ACT, 1 8 9 4
13
any such offence, he shall likewise in respect of each offence be
guilty of a misdemeanour.
122. Every erasure, interlineation, or alteration in any agreement with the crew (except additions made for the purpose
of shipping substitutes or persons engaged after the first departure
of the ship) shall be wholly inoperative, unless proved to have been
made with the consent of all the persons interested in the erasure,
interlineation, or alteration, by the written attestation (if in Her
Majesty's dominions) of some superintendent, justice, officer of
customs, or other public functionary, or elsewhere, of a British
•consular officer, or where there is no such officer, of two respectable
British merchants.
123. In any legal or other proceeding a seaman may bring
forward evidence to prove the contents of any agreement with the
•crew or otherwise to support his case, without producing, or
.giving notice to produce, the agreement or any copy thereof.
124. (1) With respect to the engagement of seamen abroad,
the following provisions shall have effect:
Where the master of a ship engages a seaman in any British
possession other than that in which the ship is registered or at a
port in which there is a British consular officer, the provisions of
this Act respecting agreements with the crew made in the United
Kingdom shall apply subject to the following modifications:
(a) in any such British possession the master shall engage the
seaman before some officer being either a superintendent or,
if there is no such superintendent, an officer of customs;
{b) at any such port having a British consular officer, the master
shall, before carrying the seaman to sea, procure the sanction
of the cons'ular officer, and shall engage the seaman before
that officer;
(c) the officer shall endorse upon the agreement an attestation
to the effect that the agreement has been signed in his
presence and otherwise made as required by this Act, and
also, if the officer is a British consular officer, that it has his
sanction, and if the attestation is not made the burden of
proving that the engagement was made as required by this
Act shall lie upon the master.
(2) If a master fails to comply with this section he shall be
liable for each offence to a fine not exceeding five pounds.
Alterations
in agreements with
crew.
Seamen not
to be hound
to proti uce
agreement.
Engagement
of seamen in
colonial and
foreign
ports.
Agreements with Lascars
125. (1) The master or owner of any ship, or his agent, may Agreements
enter into an agreement with a lascar, or any native of India, Wlth ,asoare binding him to proceed either as a seaman or as a passenger:
(a) to any port in the United Kingdom, and there to enter into
a further agreement to serve as a seaman in any ship which
may happen to be there, and to be bound to any port in
British India; or
14
GREAT BRITAIN
(6) to any port in the Australian colonies, and there to enter
into a further agreement to serve as a seaman in any
ship which may happen to be there, and to be bound to
the United Kingdom or to any other part of Her Majesty'sdominions.
(2) The original agreement shall be made in such form, and
contain such provisions, and be executed in such manner, and
contain such conditions for securing the return of the lascar or
native to his own country and for other purposes, as the GovernorGeneral of India in Council or the Governor in Council of any
Indian Presidency in which the agreement is made may direct.
(3) Where any lascar or native bound by the original agreement
is, on arriving in the United Kingdom or one of the said colonies
as the case may be, required to enter into such further agreement
as aforesaid, some officer appointed for the purpose in the United
Kingdom by a Secretary of State in Council of India, or in any
such colony by the Governor of the colony, may, on the payment
of such fee not exceeding ten shillings, as a Secretary of State
in Council of India or the Governor may direct, certify
(a) that the further agreement is a proper agreement in all
respects for the lascar or native to make, and is in accordance with the original agreement; and
(b) that the ship to which the further agreement relates is in
all respects a proper shipior the lascar or native to serve
in and also where the ship is in one of the said Australian
colonies, that it is properly supplied with provisions; and
(c) that there is not, in his opinion, any objection to the full
performance of the original agreement;
and thereupon the lascar or native shall be deemed to be engaged
under the further agreement and to be for all purposes one of the
crew of the ship to which it relates, and the lascar or native shall,
notwithstanding a refusal to enter into the further agreement, be
liable to the same consequences, and be dealt with in all respects
in the same manner, as if he had voluntarily entered into the same.
(4) The master of every ship arriving at a port in the United
Kingdom, which has or during any part of her voyage has had on
board a lascar or any native of India either as one of her crew or
otherwise shall exhibit to the officer of customs, or to such person
as the Board of Trade may authorise in that behalf, a statement
containing a list and description of all lascars, or natives of India
who are, or have been, so on board, and an account of what
has become of any lascar or native of India who at any time during
the voyage has been, but is not then, on board, and the ship
shall not be cleared inwards until the statement is exhibited,
and if the master fails to exhibit such statement he and the
owner of the ship shall be liable jointly and severally to a fine
not exceeding ten pounds for every lascar or native .of India in
respect of whom the failure takes place.
(5) Nothing in this section shall affect any provisions which
are unrepealed of the Act of the fourth year of the reign of King
MERCHANT SHIPPING ACT, 1894
15
George the Fourth, chapter eighty, intituled "An Act to consolidate and amend the several laws now in force with respect to
trade within the limits of the charter of the East India Company,
and to make further provision with respect to such trade".
Rating of Seamen
12G. (1) A seaman shall not be entitled to the rating of A.B., Hating of
that is to say, of an able-bodied seaman, unless he has served at soamen sea for three years before the mast, but the employment of fishermen in decked fishing vessels registered under the First Part of
this Act shall only count as sea service up to the period of two
years of that employment; and the rating of A.B. shall only be
granted after at least one year's sea service in a trading vessel in
addition to two or more years' sea service on board of decked
fishing vessels so registered.
(2) The service may be proved by certificates of discharge, by
a certificate of service from the Registrar-General of Shipping
and Seamen (granted by the Registrar on payment of a fee not
exceeding sixpence), specifying in each case whether the service
was rendered in whole or in part in steam ship or in sailing ship,
or by other satisfactory proof.
Discharge of Seamen
127. (1) When a seaman serving in a British foreign-going
ship, whether registered within or without the United Kingdom, is
on the termination ol his engagement discharged in the United
Kingdom, he shall, whether the agreement with the crew be an
agreement for the voyage or a running agreement, be discharged
in manner provided by this Act in the presence of a superintendent.
(2) If the master or owner of a ship acts in contravention of
this section, he shall for each offence be liable to a fine not
exceeding ten pounds.
(3) If the master or owner of a home-trade ship so desire, the
seamen of that ship may be discharged in the same manner as
seamen discharged from a foreign-going ship.
Discharge
before
superintendent.
128. (1) The master shall sign and give to a seaman discharged
from his ship, either on his discharge or on payment of his wages,
a certificate of his discharge in a form approved by the Board of
Trade, specifying the period of his service and the time and place
of his discharge, and if the master fails so to do he shall for each
offence be liable to a fine not exceeding ten pounds.
(2) The master shall also, upon the discharge of every certificated officer whose certificate of competency has been delivered
to and retained by him, return the certificate to the officer, and if
without reasonable cause he fails so to do he shall for each offence
be liable to a fine not exceeding twenty pounds.
Certificate of
discharge
and return of.
certificate to
officer on
discharge.
16
Reports of
seaman's
character.
False or
.forged
certificate of
discharge or
report of
•character.
GREAT BRITAIN
129. (1) Where a seaman is discharged before a superintendent,
the master shall make and sign, in a form approved by the Board of
Trade, a report of the conduct, character, and qualifications of the
seaman discharged, or may state in the said form that he declines
to give any opinion upon such particulars, or upon any of them,
and the superintendent before whom the discharge is made shall, if
the seaman desires, give to him or endorse on his certificate of
discharge a copy of such report (in this Act referred to as the
report of character).
(2) The superintendent shall transmit the reports to the Registrar-General of Shipping and Seamen, or to such other person as the
Board of Trade may direct, to be recorded.
130. If any person
(a) makes a false report of character under this Act, knowing
the same to be false; or
(h) forges or fraudulently alters any certificate of discharge or
report of character or copy of a report of character; or
(c) assists in committing, or procures to be committed, any of
such offences as aforesaid; or
(d) fraudulently uses any certificate of discharge or report of
character or copy of a report of character which is forged or
altered or does not belong to him,
he shall in respect of each offence be guilty of a misdemeanour.
Payment of Wages
Payment of
wages before
•superintendent.
131. (1) Where a seaman is discharged before a superintendent in the United Kingdom, he shall receive his wages through or
in the presence of the superintendent, unless a competent court
otherwise direct, and if in such a case the master or owner of a ship
pays his wages within the United Kingdom in any other manner,
he shall for each offence be liable to a fine not exceeding ten
pounds.
(2) If the master or owner of a home-trade ship so desires, the
seamen of that ship may receive their wages in the same manner
as seamen discharged from a foreign-going ship.
Master to
deliver
account of
•wages.
132. (1) The master of every ship shall before paying off or
discharging a seaman deliver at the time and in the manner
provided by this Act a full and true account, in a form approved
by the Board of Trade, of the seaman's wages, and of all deductions
to be made therefrom on any account whatever.
(2) The said account shall be delivered
(a) where the seaman is not to be discharged before a superintendent, to the seaman himself not less than twenty-four
hours before his discharge or payment off; and
(¿>) where the seaman is to be discharged before a superintendent, either to the seaman himself at or before the time of his
leaving the ship, or to the superintendent not less than
twenty-four hours before the discharge or payment off.
MERCHANT SHIPPING ACT, 1894
17
(3) If the master of a ship fails without reasonable cause to
comply with this section, he shall for each offence be liable to
.a fine not exceeding five pounds.
133. (1) A deduction from the wages of a seaman shall not be Deductions
allowed unless it is included in the account delivered in pursuance ofs'eamen6.8
of the last preceding section, except in respect of a matter happening
after the delivery.
(2) The master shall during the voyage enter the various matters
in respect of which the deductions are made, with the amounts of
the respective deductions, as they occur, in a book to be kept for
that purpose, and shall, if required, produce the book at the time of
the payment of wages, and also upon the hearing before any competent authority of any complaint or question relating to that
payment.
134. In the case of foreign-going ships (other than ships Time of
employed on voyages for which seamen by the terms of their wages6"
•agreement are wholly compensated by a share in the profits of g^nfgrse¿?p¿
the adventure):
(a) The owner or master of the ship shall pay to each seaman on
account, at the time when he lawfully leaves the ship at the
end of his engagement, two pounds, or one-fourth of the
balance of wages due to him, whichever is least; and shall
pay him the remainder of his wages within two clear days
(exclusive of any Sunday, fast day in Scotland, or Bank
holiday) after he so leaves the ship;
'(b) If the seaman consents, the final settlement of his wages
may be left to a superintendent under regulations of the
Board of Trade, and the receipt of the superintendent shall
in that case operate as if it were a release given by the
seaman in accordance with this Part of this Act;
•(c) In the event of the seaman's wages or any part thereof not
being paid or settled as in this section mentioned, then.
unless the delay is due to the act or default of the seaman.
or to any reasonable dispute as to liability, or to any other
cause not being the wrongful act or default of the owner
or master, the seaman's wages shall continue to run and
be payable until the time of the final settlement thereof.
135. (1) The master or owner of.every home-trade ship shall Time of
pay to every seaman his wages within two days after the termina- wagesTo'r"
tion of the agreement with the crew, or at the time when the hn5,m|"trade
seaman is discharged, whichever first happens.
(2) If a master or owner fails without reasonable cause to make
payment at that time, he shall pay to the seaman a sum not
exceeding the amount of two days' pay for each of the days during
which payment is delayed beyond that time, but the sum payable
•shall not exceed ten days' double pay.
(3) Any sum payable under this section may be recovered as
•wages.
2
18
GREAT BRITAIN
Settlement
of wages.
136. (1) Where a seaman is discharged and the settlement of
his wages completed, before a superintendent, he shall sign in the
presence of the superintendent a release, in a form approved by
the Board of Trade, of all claims in respect of the past voyage or
engagement; and the release shall also be signed by the master
or owner of the ship, and attested by the superintendent.
(2) The release, so signed and attested, shall operate as a mutual
discharge and settlement of all demands between the parties
thereto in respect of the past voyage or engagement.
(3) The release shall be retained by the superintendent, and on
production from his custody shall be admissible in evidence ia
manner provided by this Act.
(4) Where the settlement of a seaman's wages is by this Actrequired to be completed through or in the presence of a superintendent, no payment, receipt, or settlement, made otherwise
than in accordance with this Act shall operate as or be admitted as.
evidence of the release or satisfaction of any claim.
(5) Upon any payment being made by a master before a superintendent, the superintendent shall, if required, sign and give tothe master a statement of the whole amount so paid; and the statement shall as between the master and his employer be admissible
as evidence that the master has made the payments therein
mentioned.
Decision of
questions by
superintendents.
137. (1) Where in the case of a foreign-going ship a question
as to wages is raised before a superintendent between the master
or owner of the ship and a seaman or apprentice, and the amount,
in question does not exceed five pounds, the superintendent may,.
on the application of either party, adjudicate, and the decision of
the superintendent in the matter shall be final ; but if the superintendent is of opinion that the question is one which ought tobe decided by a court of law, he may refuse to decide it.
(2) Where any question, of whatever nature and whatever theamount in dispute, between a master or owner and any of his.
crew is raised before a superintendent, and both parties agree in
writing to submit the same to him, the superintendent shall hearand decide the question so submitted ; and an award made by him.
upon the submission shall be conclusive as to the rights of the
parties, and the submission or award shall not require a stamp ; and,
a document purporting to be the submission or award shall be
admissible as evidence thereof.
Power of
superintendent to
require production of
ship's papers.
138. (1) In any proceeding under this Act before a superintendent relating to the wages, claims, or discharge of a seaman,
the superintendent may require the owner, or his agent, or the
master, or any mate or other member of the crew, to produce any
log-books, papers, or other documents in his possession or power
relating to a matter in question in the proceeding, and may require
the attendance of and examine any of those persons, being then.
at or near the place, on the matter.
MERCHANT SHIPPING ACT, 1894
19
(2) If any person so required fails, without reasonable cause,
to comply with the requisition, he shall for each offence be liable
to a fine not exceeding five pounds.
139. Where a seaman has agreed with the master of a British
ship for payment of his wages in British sterling or any other
money, any payment of, or on account of, his wages if made in any
other currency than that stated in the agreement, shall, notwithstanding anything in the agreement, be made at the rate of
exchange for the money stated in the agreement, for the time
being current at the place where the payment is made.
Rule as to
British"
fore?«" '"
money.
Advance and Allotment of Wages
140.
(1)—(a) Where an agreement with the crew is required Advance
to be made in a form approved by the Board of Trade, the restricted.
agreement may contain a stipulation for payment to or on
behalf of the seaman, conditionally on his going to sea in
pursuance of the agreement, of a sum not exceeding the
amount of one month's wages payable to the seaman under
the agreement; and
(b) Stipulations for the allotment of a seaman's wages may be
made in accordance with this Act.
(2) Save as aforesaid an agreement by or on behalf of the
employer of a seaman for the payment of money to or on behalf
of the seaman conditionally on his'going to sea from any port in
the United Kingdom shall be void, and any money paid in
satisfaction or in respect of any such agreement shall not be
deducted from the seaman's wages, and a person shall not have
any right of action, suit, or set-off against the seaman or his
assignee in respect of any money so paid or purporting to have
been so paid.
1
141. (1) Any stipulation made by a seaman at the commence- Regulations
ment of a voyage for the allotment of any part of his wages ^en" notes.
during his absence shall be inserted in the agreement with the
crew, and shall state the amounts and times of the payments to
be made.
(2) Where the agreement is required to be made in a form
approved by the Board of Trade, the seaman may require that a
stipulation be inserted in the agreement for the allotment by means
of an allotment note, of any part (not exceeding one-half) of his
wages in favour either of a near relative or of a savings bank.
1
Merchant Shipping (Seamen's Allotment) Act, 1911, provides as
follows:
"By agreement with the master an allotment note may be granted
to a seaman providing for
(a) payment of a greater sum than one-half of the wages;
(ft) payment at a period earlier than one month from the date of the
agreement with the crew and at intervals more frequent than one
month."
See also Merchant Shipping Act, 1906, section 62.
20
GREAT BRITAIN
(3) Allotment notes shall be in a form approved by the Board
of Trade.
(4) For the purposes of the provisions of this Act with respect
to allotment notes
(a) the expression "near relative" means one of the following
persons, namely, the wife, father, mother, grandfather,
grandmother, child, grandchild, brother, or sister of the
seaman;
(b) the expression "savings bank" means a seamen's savings
bank under this Act, or a trustee savings bank, or a post
office savings bank.
Allotments
through
savings
banks.
142. (1) An allotment in favour of a savings bank shall be
made in favour of such persons and carried into effect in such
manner as may be prescribed by regulations of the Board of Trade.
(2) The sum received by a savings bank in pursuance of an
allotment shall be paid out only on an application made, through
a superintendent of the Board of Trade, by the seaman himself,
or, in case of his death, by some person to whom his property, if
under one hundred pounds in value, may be paid under this Act.
Right of
suing on
allotment
notes.
143. (1) The person in whose favour an allotment note under
this Act is made may, unless the seaman is shown, in manner in
this Act specified, to have forfeited or ceased to be entitled to the
wages out of which the allotment is to be paid, recover the sums
allotted, when and as the same are made payable, with costs from
the owner of the ship with respect to which the engagement was
made, or from any agent of the owner who has authorised the
allotment, in the same court and manner in which wages of
seamen not exceeding fifty pounds may be recovered under this
Act; provided that the wife of a seaman, if she deserts her
children, or so misconducts herself as to be undeserving of
support from her husband, shall forfeit all right to further
payments under any allotment made in her favour.
(2) In any proceeding for such recovery it shall be sufficient
for the claimant to prove that he is the person mentioned in the
note, and that the note was given by the owner or by the master
or some other authorised agent; and the seaman shall be presumed
to be duly earning his wages, unless the contrary is shown to the
satisfaction of the court, either
(a) by the official statement of the change in the crew caused
by his absence, made and signed by the master, as by this
Act is required; or
(b) by a certified copy of some entry in the official log-book to
the effect that he has left the ship ; or
(c) by a credible letter from the master of the ship to the same
effect; or
(d) by such other evidence as the court in their absolute discretion consider sufficient to show satisfactorily that the
seaman has ceased to be entitled to the wages out of which
the allotment is to be paid.
MERCHANT SHIPPING ACT, 1894
21
Seamen's Money Orders and Savings Banks
145. (1) Facilities shall be given for remitting the wages and
other money of seamen and apprentices to the sea service to their
relatives or other persons by means of seamen's money orders,
issued by superintendents in accordance with this Act.
(2) The Board of Trade may make regulations concerning
seamen's money orders, and in particular may specify in those
regulations the time and mode of payment, and the persons by
or to whom the same are to be paid; and all such regulations,
while in force, shall be binding upon all persons interested or
claiming to be interested in the orders as well as upon the officers
employed in issuing or paying the same.
Remittance
wageVetc?
°y seamen's
moii6y
orders.
Rights of Seamen in respect of Wages
155. A seaman's right to wages and provisions shall be taken
to begin either at the time at which he conimences work or at the
time specified in the agreement for his commencement of work or
presence on board, whichever first happens.
156. (1) A seaman shall not by any agreement forfeit his lien
on the ship, or be deprived of any remedy for the recovery of his
wages, to which in the absence of the agreement he would be
entitled, and shall not by any agreement abandon his right to
wages in case of the loss of the ship, or abandon any right that he
may have or obtain in the nature of salvage; and every stipulation
in any agreement inconsistent with any provision of this Act shall
be void.
(2) Nothing in this section shall apply to a stipulation made
by the seamen belonging to any ship, which according to the
terms of the agreement is to be employed on salvage service, with
respect to the remuneration to be paid to them for salvage services
to be rendered by that ship to any other ship.
157. (1) The right to wages shall not depend on the earning
of freight: and every seaman and apprentice who would be entitled
to demand and recover any wages, if the ship in which he has
served had earned freight, shall, subject to all other rules of law
and conditions applicable to the case, be entitled to demand and
recover the same, notwithstanding that freight has not been
earned: but in all cases of wreck or loss of the ship, proof that the
seaman has not exerted himself to the utmost to save the ship,
cargo, and stores, shall bar his claim to wages.
(2) Where a seaman or apprentice who would, but for death, be
entitled by virtue of this section to demand and recover any
wages, dies before the wages are paid, they shall be paid and applied in manner provided by this Act with respect to the wages
of a seaman who dies during a voyage.
158. Where the service of a seaman terminates before the date
contemplated in the agreement, by reason of the wreck or loss of
the ship, or of his being left on shore at any place abroad under a
Right to
wages, etc.
when to
begin.
Right to recover wages,
and salvage
not to be
forfeited.
Wages not
to depend on
freight
Wages on
termination
of service by
wreck or
illness.
22
GREAT BRITAIN
certificate granted as provided by this Act of his unfitness or
inability to proceed on the voyage, he shall be entitled to wages
up to the time of such termination, but not for any longer
period.
Wages not
to accrue
during refusal to work
or imprisonment.
159. A seaman or apprentice shall not be entitled to wages for
any time during which he unlawfully refuses or neglects to work,
when required, whether before or after the time fixed by the
agreement for his commencement of such work, nor, unless the
court hearing the case otherwise directs, for any period during
which he is lawfully imprisoned for any offence committed by
him.
Forfeiture of
wages, etc.
of seaman
when illness
caused by his
own default
160. Where a seaman is by reason of illness incapable of
performing his duty, and it is proved that the illness has been
caused by his own wilful act or default, he shall not be entitled to
wages for the time during which he is by reason of the illness
incapable of performing his duty.
Costs of procuring
punishment
may be deducted from
161. Whenever in any proceeding relating to seamen's wages
it is shown that a seaman or apprentice has in the course of the
voyage been convicted of an offence by a competent tribunal, and
rightfully punished for that offence by imprisonment or otherwise,
the court hearing the case may direct any part of the wages due to
the seaman, not exceeding three pounds, to be applied in reimbursing any costs properly incurred by the master in procuring the
conviction and punishment.
Compensation to
seamen
improperly
discharged.
162. If a seaman, having signed an agreement, is discharged
otherwise than in accordance with the terms thereof before the
commencement of the voyage, or before one month's wages are
earned, without fault on his part justifying that discharge, and
without his consent, he shall be entitled to receive from the
master or owner, in addition to any wages he may have earned,
due compensation for the damage caused to him by the discharge
not exceeding one month's wages, and may recover that compensation as if it were wages duly earned.
Restriction
on sale of,
and charge
upon, wages.
163. (1) As respects wages due or accruing to a seaman or
apprentice to the sea service
(a) they shall hot be subject to attachment or arrestment from
any court;
(b) an assignment or sale thereof made prior to the accruing
thereof shall not bind the person making the same;
(c) a power of attorney or authority for the receipt thereof
shall not be irrevocable; and
(d) a payment of wages to the seaman or apprentice shall be
valid in law, notwithstanding any previous sale or assignment of those wages, or any attachment, incumbrance, or
arrestment thereof.
(2) Nothing in this section shall affect the provisions of this
Act with respect to allotment notes.
MERCHANT SHIPPING ACT, 1894
23
Mode of recovering Wages
164. A seaman or apprentice to the sea service, or a person
duly authorised on his behalf, may as soon as any wages due to
him, not exceeding fifty pounds, become payable, sue for the same
before a court of summary jurisdiction in or near the place at
which his service has terminated, or at which he has been discharged, or at which any person on whom the claim is made is
or resides, and the order made by the court in the matter shall
be final.
165. A proceeding for the recovery of wages not exceeding
fifty pounds shall not be instituted by or on behalf of any seaman
or apprentice to the sea service in any superior court of record
in Her Majesty's dominions, nor as an Admiralty proceeding in
any court having Admiralty jurisdiction in those dominions,
•except:
(i) where the owner of the ship is adjudged bankrupt; or
(ii) where the ship is under arrest or is sold by the authority
of any such court as aforesaid; or
{iii) whore a court of summary jurisdiction acting under the
authority of this Act, refers the claim to any such court;
or
{iv) where neither the owner nor the master of the ship is or
resides within twenty miles of the place where the seaman
or apprentice is discharged or put ashore.
Summary
f0r°wagesf
Restrictions
w'ages.8 ° r
166. (1) Where a seaman is engaged for a voyage or engage- wages not
ment which is to terminate in the United Kingdom, he shall not abroad'tn'6
be entitled to sue in any court abroad for wages, unless he is certain cases.
discharged with such sanction as is required by this Act, and with
the written consent of the master, or proves such ill-usage on
the part or by authority of the master, as to warrant reasonable
apprehension of danger to his life if he were to remain on board.
(2) If a seaman on his return to the United Kingdom proves
that the master or owner has been guilty of any conduct or default which but for this section would have entitled the seaman
to sue for wages before the termination of the voyage or engagement, he shall be entitled to recover in addition to his wages such
compensation not exceeding twenty pounds as the court hearing
the case thinks reasonable.
167. (1) The master of a ship shall, so far as the case permits, Remedies of
have the same rights, liens, and remedies for the recovery of his wagesViswages as a seaman has under this Act, or by any law or custom, bursement»,
(2) The master of a ship, and every person lawfully acting as
master of a ship, by reason of the decease or incapacity from
illness of the master of the ship, shall, so far as the case permits,
have the same rights, liens, and remedies for the recovery of
disbursements.or liabilities properly made or incurred by him on
account of the ship as a master has for the recovery of his wages.
24
GREAT BRITAIN
(3) If in any Admiralty proceeding in any court having Admiralty jurisdiction touching the claim of a master in respect of wages,.
or of such disbursements, or liabilities as aforesaid, any right
of set-off or counter-claim is set up, the court may enter into
and adjudicate upon all questions, and settle all accounts then
arising or outstanding and unsettled between the parties to the
proceeding, and may direct payment of any balance found to be
due.
Power of Courts to rescind Contracts
Power of
court to
rescind
contract
between
owner or
master and
seaman or
apprentice.
168. Where a proceeding is instituted in or before any court
in relation to any dispute between an owner or master of a ship
and a seaman or apprentice to the sea service, arising out of or
incidental to their relation as such, or is instituted for the purpose
of this section, the court, if, having regard to all the circumstances
of the case, they think it just to do so, may rescind any contract
between the owner or master and the seaman or apprentice, or any
contract of apprenticeship, upon such terms as the court may think
just, and this power shall be in addition to any other jurisdiction
which the court can exercise independently of this section.
Property of Deceased Seamen
Property of
seamen who
die during
voyage.
Dealing
with and
account of
property of
seamen who
die during
voyage.
169. (1) If any seaman or apprentice to the sea service belonging to a British ship the voyage of which is to terminate
in the United Kingdom, whether a foreign-going or a home-trade
ship, dies during that voyage, the master of the ship shall take
charge of any money or effects belonging to the seaman or apprentice which are on beard the ship.
(2) The master may, if he think fit, cause any of the effects
to be sold by auction at the mast or otherwise by public auction.
(3) The master shall enter in the official log-book the following
particulars:
(a) a statement of the amount of the money and a description
of the effects;
(b) in case of a sale, a description of each article sold, and the
sum received for each;
(c) a statement of the sum due to the deceased for wages and
of the amount of deductions (if any) to be made from the
wages.
(4) The entry shall be signed by the master and attested by
a mate and some other member of the crew.
(5) The said money, effects, proceeds of sale of effects, and
balance of wages, are in this Act referred to as the property of
the seaman or apprentice.
170. (1) Where a seaman or apprentice dies as aforesaid and
the ship before coming to a port in the United Kingdom touches
and remains for forty-eight hours at some port elsewhere, the
master shall report the case to the British consular officer at such
MERCHANT SHIPPING ACT, 1894
25
port, or if the port is in a British possession, to the officer of customs there, and shall give to the officer any information he requires as to the destination of the ship and probable length of
the voyage.
(2) That officer may, if he thinks it expedient, require.the property to be delivered and paid to him, and shall thereupon give
to the master a receipt thereof, and endorse under his hand upon
the agreement with the crew such particulars with respect thereto
as the Board of Trade require.
(3) The receipt shall be produced by the master to a superintendent within forty-eight hours after his arrival at his port of
destination in the United Kingdom.
(4) Where a seaman or apprentice dies as aforesaid and the
ship proceeds at once to a port in the United Kingdom without
touching and remaining as aforesaid at a port elsewhere, or the
consular officer or officer of customs does not require the delivery
and payment of the property as aforesaid, the master shall, within forty-eight hours after his arrival at his port of destination
in the United Kingdom, deliver and pay the property to the
superintendent at that port.
(5) In all cases where a seaman or apprentice dies during the
progress of a voyage or engagement, the master shall give to the
Board of Trade, or to the superintendent or officer to whom delivery and payment is made as aforesaid, such account in such form
as they respectively require of the property of the deceased.
(6) A deduction claimed by the master in such account shall
not be allowed unless verified, if an official log-book is required
to be kept, by an entry in that book made and attested as required
by this Act, and also by such other vouchers (if any) as may
reasonably be required by the Board of Trade or by the superintendent or officer to whom the account is given.
(7) A superintendent in the United Kingdom shall grant to a
master, upon due compliance with such provisions of this section
as relate to acts to be done at the port of destination, a certificate
to that effect; and an officer of customs shall not clear inwards a
foreign-going ship without the production of that certificate.
171. (1) If the master of the ship fails to comply with the
provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice, or to making in the
official log-book the proper entries relating thereto, or to procuring the proper attestation of those entries as required by this Act,
or to the payment or delivery of the property, he shall be accountable for the property to the Board of Trade, and shall pay and
deliver the same accordingly, and shall in addition for each offence
be liable to a fine not exceeding treble the value of the property
not accounted for, or if such value is not ascertained not exceeding
fifty pounds.
(2) If any such property is not duly paid, delivered, or accounted
for by the master, the owner of the ship shall pay, deliver, and
account for the same, and such property shall be recoverable from
Penalty for
non-compliance with
provisions as
to property
of deceased
seamen.
26
GREAT
BRITAIN
him accordingly, and if he fails to account for and deliver or pay
the same, he shall in addition to his liability for the same be liable
to a fine not exceeding treble the value of the property not accounted for, delivered, or paid over, or, if such value be not
ascertained, not exceeding fifty pounds.
(3) The property may be recovered in the same court and
manner in which the wages of seamen may be recovered under
this Act.
Property of
deceased
seamen left
abroad but
not on board
ship.
172. If any seaman or apprentice to the sea service belonging
to a British ship the voyage of which is to terminate in the United
Kingdom, or who has within six months preceding his death
belonged to any such ship, dies at any place out of the United
Kingdom, leaving any money or effects not on board the ship
to which he belonged at the time of his death or to which he
last belonged before his death, the chief officer of customs in the
case of a British possession, and in other cases the British consular
officer at or near the place, shall claim and take charge of such
money and effects, and such money and effects shall be deemed
to be property of a deceased seaman or apprentice within the
meaning of this Part of this Act.
Dealing with
property ol
deceased
seamen by
officers
abroad.
173. (1) A chief officer of customs in a British possession and
a British consular officer may, as he thinks fit, sell any of the
property ot a deceased seaman or apprentice delivered to him or
of which he takes charge under this Act, and the proceeds of any
such sale shall be deemed to form part of the said property.
(2) Every such officer shall quarterly, or at such times as the
Board of Trade require, remit the property in such manner, and
shall render such accounts in respect thereof as the Board of Trade
require.
Recovery of
wages, etc.
of seamen
lost with
their ship.
174. (1) Where a seaman or apprentice is lost with the ship
to which he belongs the Board of Trade may recover the wages
due to him from the owner of the ship, in the same court and in
the same manner in which seamen's wages are recoverable, and
shall deal with those wages in the same manner as with the wages
of other deceased seamen and apprentices under this Act.
(2) In any proceeding for the recovery of the wages, if it is
shown by some official return produced out of the custody of the
Registrar-General of Shipping and Seamen, or by other evidence,
that the ship has twelve months or upwards before the institution
of the proceeding left a port of departure, she shall, unless it is
shown that she has been heard of within twelve months after
that departure, be deemed to have been lost with all hands on
board, either immediately after the time she was last heard of, or
at such later time as the court hearing the case may think probable.
(3) Any duplicate agreement or list of the crew made out, or
statement of a change of the crew delivered, under this Act, at
the time of the last departure of the ship from the United Kingdom, or a certificate purporting to be a certificate from a consular
or other public officer at any port out of the United Kingdom,
MERCHANT SHIPPING ACT, 1894
27
stating that certain seamen and apprentices were shipped in the
ship from the said port, shall, if produced out of the custody of
the Registrar-General of Shipping and Seamen, or of the Board
of Trade, be, in the absence of proof to the contrary, sufficient
proof that the seamen and apprentices therein named as belonging
to the ship were on board at the time of the loss.
175. If a seaman or apprentice to the sea service dies in the
United Kingdom, and is at the time of his death entitled to claim
from the master or owner of a ship in which he has served any
•effects or unpaid wages, the master or owner shall pay and deliver
or account for such property to the superintendent at the port
where the seaman or apprentice was discharged or was to have
been discharged, or to the Board of Trade, or as that Board direct.
Property of
seamen
dying at
home.
176. (1) Where any property of a deceased seaman or apprentice comes into the hands of the Board of Trade, or any agent of
that Board, the Board of Trade, after deducting for expenses
incurred in respect of that seaman or apprentice or of his property
such sum as they think proper to allow, shall, subject to the
provisions of this Act, deal with the residue as follows:
(a) If the property exceeds in value one hundred pounds, they
shall pay and deliver the residue to the legal personal
representative of the deceased;
(b) If the property do not exceed in value one hundred pounds,
the Board may as they think fit either pay or deliver the
residue to any claimant who is proved to their satisfaction
to be the widow or a child of the deceased, or to be entitled
to the personalty of the deceased either under his will (if
any) or any statute of distribution or otherwise, or to be
a person entitled to take out representation, although no
such representation has been taken out, and shall be
thereby discharged from all further liability in respect of
the residue so paid or delivered; or
(c) They may, if they think fit, require representation to be
taken out, and pay and deliver the residue to the legal
personal representative of the deceased.
(2) Every person to whom any such residue is so paid or
delivered shall apply the same in due course of administration.
Payment
over of property of
deceased
seamen by
Board of
Trade.
177. (1) Where a deceased seaman or apprentice has left a
will the Board of Trade may refuse to pay or deliver the abovementioned residue:
(a) If the will was made on board ship, to any person claiming
under the will, unless the will is in writing, and is signed or
acknowledged by the testator in the presence of, and is
attested by, the master or first or only mate of the ship;
and
{b) If the will was not made on board ship, to any person
claiming under the will, and not being related to the testator by blood or marriage, unless the will is in writing, and
Dealing with
deceased
seaman's property when
he leaves a
will.
28
GREAT
BRITAIN
is signed or acknowledged by the testator in the presence
of, and is attested by, two witnesses, one of whom is a
superintendent, or is a minister of religion officiating in
the place in which the will is made, or, where there are
no such persons, a justice, British consular officer, or an
officer of customs.
(2) Whenever the Board of Trade refuse under this section to
pay or deliver the residue to a person claiming under a will the
residue shall be dealt with as if no will had been made.
claims by
creditors.
178. (1) A creditor shall not be entitled to claim from the
Board of Trade the property of a deceased seaman or apprentice,.
or any part thereof, by virtue of representation obtained as creditor.
(2) A creditor shall not be entitled by any means whatever to
obtain payment of his debt out of the property, if the debt accrued more than three years before the death of the deceased,,
or if the demand is not made within two years after the death..
(3) The demand shall be made by the creditor delivering to
the Board of Trade an account in writing in a form approved by
the Board, stating the particulars of his demand and the place
of his abode, and signed by him and verified by a statutory
declaration.
(4) If before the demand is made, any claim to the property
of the deceased made by any person has been allowed, that Board
-shall give notice to the creditor of the allowance of the claim.
(5) If no claim has been allowed, the Board of Trade shall
investigate the creditor's account, and may for that purpose
require him to prove the same, and to produce all books, accounts,.
vouchers, and papers relating thereto; and if by means of them
the creditor satisfies the Board of Trade of the justice of the
demand, either in the whole or in part, the same shall be allowed
and paid accordingly, so far as the property then in the hands
of the Board of Trade will extend for that purpose, and the Board
of Trade shall thereby be discharged from all further liability in
respect of money so paid ; but if the Board are not satisfied as ta
the claim, or if such books, accounts, vouchers, or papers asaforesaid are not produced, and sufficient reason is not given for
their non-production, the demand shall be disallowed.
(6) In any case whatever the Board of Trade may delay the
investigation of any demand made by a creditor for the payment.
of his debt for one year from the time of the first delivery of the
demand ; and if in the course of that time a claim to the property
of the deceased is made by any person as widow, next of kin, or
legatee, and allowed by the Board of Trade under this Act, the
Board of Trade may pay and deliver the same to that person.
(7) Where the property has been paid and delivered by the
Board of Trade to any person as a widow, next of kin, or legatee
of the deceased, whether before or after the demand made by the
creditor, the creditor shall have the same rights and remedies
MERCHANT SHIPPING ACT, 1 8 9 4
29
against that person as if he had received the property as the legal
personal representative of the deceased.
179. Where no claim to the property of a deceased seaman
or apprentice received by the Board of Trade is substantiated
•within six years after the receipt thereof the Board may in their
absolute discretion, if any subsequent claim is made, either allow
or refuse the claim, and, subject to the allowance of any such
•claim, shall apply such property in manner provided by Part
Twelve of this Act (relating to the Mercantile Marine Fund).
180. If any person, for the purpose of obtaining, either for
himself or for any other person, any property of any deceased
seaman or apprentice to the sea service,
(a) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently
altered any document purporting to show or assist in showing any right to such property; or
(b) makes use of any document which has been so forged or
fraudulently altered as aforesaid; or
(c) gives or assists in giving, or procures to be given, any false
evidence, knowing the same to be false; or
(d) makes or assists in making, or procures to be made, any
false representation, knowing the same to be false; or
(e) assists in procuring any false evidence or representation
to be given or made, knowing the same to be false,
that person shall for each offence be liable to penal servitude for
a term not exceeding five years, or to imprisonment for a term
not exceeding two years with or without hard labour, or on
summary conviction to imprisonment with or without hard labour
for any period not exceeding six months.
181. Where a seaman invalided or discharged from any of
Her Majesty's ships is sent home in a merchant ship, and dies
during the voyage, the provisions of this Act respecting the property of deceased seamen shall apply, with this qualification,
that the property shall be delivered, paid over, and disposed of
in such manner as the Accountant-General of Her Majesty's
Navy directs.
Dealing vvil li
unclaimed
properly of
deceased
seaman.
Forgery of
documents,
etc., for
purpose of
obtaining
property of
deceased
seamen.
Property of
seamen
discharged
from Royal
Navy.
Reimbursement of Relief to Seamen's Families
182. (1) Whenever, during the absence of any seaman on a
voyage, his wife, or any of his children or step-children, becomes
chargeable to any union or parish in the United Kingdom, that
union or parish shall be entitled to be reimbursed, out of the
wages of the seaman earned during the voyage, any sums properly
expended during his absence in the maintenance of those members
of his*lamily or any of them, so that the sums do not exceed the
following proportions of his wages; (that is to say,)
(a) if only one of those members is chargeable, one-half of the
wages ;
Relief to
seamen'1»
families to be
chargeable
on a certain
propon ion of
their wages.
30
GREAT
BRITAIN
(b) if two or more of those members are chargeable, two-thirds
of the wages.
(2) If during the absence of the seaman any sums have been.
paid by the owner of his ship to or on behalf of any such member
as aforesaid, under an allotment note made by the seaman in
favour of the member, any claim for reimbursement as aforsaid
shall be limited to the excess (if any) of the proportion of the
wages herein-before mentioned over the sums so paid.
Notice to
owner, and
enforcement
of charge.
183. (1) For the purpose of obtaining such reimbursement as
aforesaid, the board of guardians in a poor law union in England
or Ireland, and the inspector of the poor in any parish in Scotland,
may give to the owner of the ship in which the seaman is serving
a notice in writing stating the proportion of the seaman's wages
upon which it is intended to make a claim, and requiring the
owner to retain such proportion in his hands for a period to be
therein mentioned, not exceeding twenty-one days from the time
of the seaman's return to his port of discharge, and also requiring
the owner immediately on the seaman's return to give notice in
writing thereof to the board or inspector.
(2) The owner, after receiving any such notice, shall retain the
said proportion of wages, and give notice of the seaman's return
accordingly, and shall likewise give to the seaman notice of the
intended claim.
(3) The board or inspector may, upon the seaman's return,
apply to a court of summary jurisdiction having jurisdiction in
the union.or parish for an order for reimbursement; and that
court may make a summary order for the reimbursement to the
whole extent claimed, or to such lesser amount as the court,
under the circumstances, think fit; and the owner shall pay to
the board or inspectoi out of the seaman's wages the amount so
ordered to be paid by way of reimbursement, and shall pay the
residue of the wages to the seaman.
(4) If no order for reimbursement is obtained within the period
mentioned in the notice given to the owner as aforesaid, the
proportion of wages to be retained by him shall immediately on
the expiration of that period and without deduction be payable
to the seaman.
Destitute Seamen
Penalty on
ships leaving
seamen in
distress in
184. (1) If any person being a native of any country in Asia
or Africa, or of any island in the South Sea or the Pacific Ocean,
or
°f a n y ° t n e r country not having a consular officer in the United
Kingdom, is brought to the United Kingdom in a ship, British
the United
Kingdom.
or foreign, as a seaman, and is left in the United Kingdom, and
within six months of his being so left becomes chargeable^upon
the poor rate, or commits any act by reason whereof he is liable
to be convicted as an idle and disorderly person, or any other
act of vagrancy, the master or owner of the ship, or in case of a
foreign ship the person who is consignee of the ship at the time
31
MERCHANT SHIPPING ACT, 1 8 9 4
of the seaman being so left as aforesaid, shall be liable to a fine
not exceeding thirty pounds, unless he can show that the person
left as aforesaid quitted the ship without the consent of the
master, or that the master, owner, or consignee, has afforded
him due means of returning to his native country, or to the country
in which he was shipped.
(2) The court inflicting the fine may order the whole or any
part of the fine to be applied towards the relief or sending home
of the person left.
185. (1) It shall be the duty of the Secretary of State in
Council of India to take charge of and send home or otherwise
provide for all lascars or other natives of India who are found
destitute in the United Kingdom.
(2) If any such destitute person is relieved and maintained by
a board of guardians in a poor law union in England or Ireland,
or by the inspector of the poor in any parish in Scotland, the board
or inspector may give notice thereof in writing to the Secretary
of State in Council of India specifying, so far as is practicable, the
following particulars; namely:
(a) the name of the person relieved or maintained; and
(¿>) the part of India of which he professes to be a native ; and
(c) the name of the ship in which he was brought to the United
Kingdom; and
(d) the port abroad from which the ship sailed, and the port
in the United Kingdom at which the ship arrived when he
was so brought to the United Kingdom, and the time of
the arrival.
(3) The Secretary of State in Council of India shall repay to the
board of guardians or inspector out of the revenues of India all
moneys duly expended by them or him in relieving or maintaining the destitute person after the time at which the notice
is given, and any money so paid or otherwise paid by the said
Secretary of State, on account of the relief or maintenance or
passage home of the destitute person, shall be a joint and several
debt due to the said Secretary of State from the master and owner
of the ship by which the destitute person was brought to the
United Kingdom.
(4) This section shall apply only to such lascars or other natives
of India as have been brought to the United Kingdom either as
seamen, or for employment as seamen, or for employment by
the owner of the ship bringing them.
Relief of
destitute
lascars.
Volunteering into the Navy
195. (1) A seaman may leave his ship for the purpose of
forthwith entering the naval service of Her Majesty, and in t h a t
case shall not by reason of so leaving his ship be deemed to have
deserted therefrom, or otherwise be liable to any punishment or
forfeiture whatever.
J
x
1
1
f
i-
i
i
•
Seamen
?eaveetheir
ships in on
navy.
t 0
e Q
ter
t D
32
Money and
effects ot
seamen
volunteering
into navy.
Wages of
seamen received into
navy.
GREAT
BRITAIN
(2) A stipulation introduced into any agreement whereby a
seaman is declared to incur a forfeiture or be exposed to a loss
in case he enters the naval service of Her Majesty shall be void,
and if a master or owner causes any such stipulation to be so introduced he shall for each offence be liable to a fine not exceeding
twenty pounds.
196. (1) If a seaman, without having previously committed
an act amounting to and treated by the master as desertion,
leaves his ship in order to enter the naval service of Her Majesty,
and is received into that service, the master shall deliver to him
his effects on board the ship, and shall pay, subject to all just
deductions the proportionate amount of his wages down to the
time of his entering Her Majesty's service, to the officer authorised
to receive the seaman into that service, either in money or by bill
drawn upon the owner, and payable at sight to the order of the
Accountant-General of the Navy; and the receipt of that officer
shall be a discharge for the money or bill so given; and the bill
shall be exempt from stamp duty.
(2) If the master fails so to deliver the seaman's effects, or to
pay his wages, as by this section required, he shall, in addition
to his liability to deliver and pay the same, be liable for each
offence to a fine not exceeding twenty pounds.
(3) If any such bill be not duly paid when presented the Accountant-General of the Navy or the seaman on whose behalf
the bill is given, may sue thereon, or may recover the wages due
by all or any of the means by which wages due to seamen are
recoverable.
197. (1) Where the wages of a seaman received into Her
Majesty's naval service are paid in money, the money shall be
credited in the ship's ledger to the account of the seaman.
(2) Where the wages are paid by bill, the bill shall be noted in
the ship's ledger, and sent to the Accountant-General of the
Navy, who shall cause the same to be presented for payment, and
shall credit the produce thereof to the account of the seaman.
(3) An officer who receives any such bill shall not be subject to
any liability in respect thereof, except for the safe custody thereof
until sent to the Accountant-General as aforesaid.
(4) The wages of the seaman shall not be paid to him until the
time at which he would have been entitled to receive the same if
he had remained in the service of the ship which he has quitted
for the purpose of entering Her Majesty's service.
(5) If the owner or master of the ship shows to the satisfaction
of the Admiralty that he has paid, or properly rendered himself
liable to pay, an advance of wages to or on account of the seaman,
and has satisfied that liability, and that the seaman has not at
the time of quitting his ship duly earned the advance by service
therein, the Admiralty may pay to the owner or master so much
of the advance as had not been duly earned, and deduct the sum
so paid from any wages of the seaman earned or to be earned in
the naval service of Her Majesty.
MERCHANT SHIPPING ACT, 1894
33
(6) Where in consequence of a seaman so leaving his ship and
entering Her Majesty's service it becomes necessary for the safety
•and proper navigation of the ship to engage any substitute, and the
wages or other remuneration paid to the substitute for subsequent service exceed the wages or remuneration which would have
been payable to the seaman under his agreement for similar service, the master or owner of the ship may apply to the High Court
for a certificate authorising the repayment of the excess, and the
application shall be made and the certificate granted in accordance with rules of court.
(7) The certificate shall be sent to the applicant or his solicitor
or agent, and a copy thereof shall be sent to the AccountantGeneral of the Navy; and the Accountant-General shall, upon
•delivery to him of the original certificate together with a receipt
in writing purporting to be a receipt from the applicant, pay to
the person delivering the certificate, out of the moneys granted
by Parliament for Navy services, the amount mentioned in the
certificate ; and the certificate and receipt shall absolutely discharge
the Accountant-General and Her Majesty from all liability in
respect of the moneys so paid or of the application thereof.
(8) If any person in making or supporting any application under
this section
(a) forges or fraudulently alters, or assists in forging or fraudulently altering, or procures to be forged or fraudulently
altered, any document; or
(b) presents or makes use of any document so forged or fraudulently altered; or
(c) gives, assists in giving, or procures to be given, any false
evidence, knowing the same to be false; or
(d) makes, assists in making, or procures to be made, any false
representation, knowing the same to be false,
that person shall in respect of each offence be guilty of a mis•demeanour.
Provisions, Health, and Accommodation
198. (1) If three or more of the crew of a British ship consider complaint»
that the provisions or water for the use of the crew are at any time visfons'or
of bad quality, unfit for use, or deficient in quantity, they may water.
complain thereof to any of the following officers, namely, an officer
in command of one of Her Majesty's ships, a British consular
•officer, a superintendent, or a chief officer of customs, and the
officer may either examine the provisions or water complained of
or cause them to be examined.
. (2) If the officer, or person making the examination, finds that
the provisions or water are of bad quality and unfit for use, or
deficient in quantity, he shall signify it in writing to the master
of the ship, and if the master of the ship does not thereupon provide
other proper provisions or water in lieu of any so signified to be
•of bad quality and unfit for use, or does not procure the requisite
3
34
GREAT BRITAIN
quantity of any provisions or water so signified to be deficient in
quantity, or uses any provisions or water so signified to be of bad
quality and unfit for use, he shall for each offence be liable to
a fine not exceeding twenty pounds.
(3) The officer directing, or the person making, the examination
shall enter a statement of the result of the examination in the
official log-book, and send a report thereof to the Board of Trade,
and that report shall be admissible in evidence in manner provided
by this Act.
(4) If the said officer certifies in that statement that there w a s
no reasonable ground for the complaint, each of the complainants.
shall be liable to forfeit to the owner out of his wages a sum not.
exceeding one week's wages.
Allowance
for short orj
199. i n either of the following cases (that is to say):
a
\
j i
sionsPr0Vl"
W ^ during a voyage the allowance of any of the provisions for
which a seaman has by his agreement stipulated is reduced
(except in accordance with any regulations for reduction
by way of punishment contained in the agreement with the
crew, and also except for any time during which the seaman
wilfully and without sufficient cause refuses or neglectsto perform his duty, or is lawfully under confinement for
misconduct either on board or on shore); or
(ii) if it is shown that any of those provisions are or have duringthe voyage been bad in quality and unfit for use ;
the seaman shall receive, by way of compensation for that reduction, or bad quality, according to the time of its continuance, the
following sums, to be paid to him in addition to, and to be recoverable as, wages (that is to say) :
(a) if his allowance is reduced by not more than one third of
the quantity specified in the agreement, a sum not exceeds
ing fourpence a day;
(b) if his allowance is reduced by more than one-third of that
quantity, eightpence a day;
(c) in respect of bad quality as aforesaid, a sum not exceeding
one shilling a day.
But if it is shown to the satisfaction of the court before whom the
case is tried that any provisions, the allowance of which has been
reduced, could not be procured or supplied in proper quantities,.
and that proper and equivalent substitutes were supplied in lieu.
thereof, the court shall take those circumstances into consideration
and shall modify or refuse compensation as the justice of the case
requires.
weights and
boardUreS ° n
201. (1) The master of a ship shall keep on board proper
weights and measures for determining the quantities of the several.
provisions and articles served out and shall allow the same to be.
used at the time of serving out the provisions and articles in the
presence of a witness whenever any dispute arises about the
quantities.
MERCHANT SHIPPING ACT, 1894
35
(2) If the master of a ship fails without reasonable cause to
comply with this section, he shall for each offence be liable to a fine
not exceeding ten pounds.
203. (1) A medical inspector of seamen appointed under this
Part of this Act shall, on application by the owner or master
of any ship, examine any seaman applying for employment in that
ship, and give to the superintendent a report under his hand
stating whether the seaman is in a fit state for duty at sea, and a
copy of the report shall be given to the master or owner.
(2) The applicant for that medical examination shall pay to the
superintendent such fees as the Board of Trade direct, and those
fees shall be paid into the mercantile marine fund.
Medical Inspection or
seamen.
204. (1) The local marine board at a port may, upon being
required by the Board of Trade to do so, appoint and remove a
medical inspector of ships for the port, and subject to the control
of the Board of Trade may fix his remuneration, and at any port
where there is no local marine board, the Board of Trade may
appoint and remove a medical inspector of ships and may fix his
remuneration.
(2) The local marine board and at a port where there is no
such local marine board the Board of Trade, may appoint and
remove a medical inspector of seamen, and that inspector shall
be paid out of the mercantile marine fund such remuneration as
the Board of Trade direct.
Appointment ol
medical Inspectors.
205. The governor of a British possession shall have the power
in that possession
(a) of appointing medical inspectors of seamen, of charging fees
for medical examinations by those inspectors, and of determining the remuneration to be paid to those inspectors ; and,
(6) subject to the laws of that possession, to make regulations
concerning the supply in that possession of anti-scorbutics
for the use of ships, and anti-scorbutics duly supplied in
accordance with those regulations shall be deemed to be fit
and proper for the use of ships.
Appointment or
medical
inspector,
and regulations as
to supply
or antiscorbutics
in colonies.
206. (1) In the case of ships trading or going from any port
of the United Kingdom through the Suez Canal or round the Cape
of Good Hope or Cape Horn, the barrels of beef and pork, the
preserved meat and vegetables in tins, and the casks of flour or
biscuits, intended for the use of the crew of any such ship shall be
inspected by such officer and in such manner as rules under this
section direct, but before shipment whenever practicable; and, if in
the opinion of the inspecting officer they are fit for that use, that
officer shall certify the same accordingly in manner directed by
such rules.
(2) The inspecting officer may at any time proceed on board any
such ship to ascertain whether the stores and water provided have
been duly inspected, or, if not ; whether they are of a quality fit for
the use of the crew of the ship, and if he finds the same not to have
inspection or
and'watèr
f rc e
° ¿ ^in
ships.
36
GREAT BRITAIN
been inspected, and to be deficient in quality, the ship shall be
detained until the defects are remedied to his satisfaction.
(3) No fee for an inspection under this section shall be levied on
the ship.
(4) The Board of Trade may make rules for carrying into effect
this section, but all such rules shall be laid before Parliament
within three weeks after they are made, if Parliament be then
sitting and if Parliament be not then sitting, within three weeks
after the beginning of the then next meeting of Parliament, and
shall not come into operation until they have lain for forty days
before both Houses of Parliament during the session of Parliament.
(5) The Board of Trade may appoint officers for the purposes of
any inspection under this section, and may, with the concurrence
of the Treasury, assign them remuneration to be paid out of moneys
provided by Parliament.
Facilities for making Complaint
Facilities for
plain?.8 Com"
211. (1) If a seaman or apprentice whilst onboard ship states
to the master of the ship his desire to make a complaint to a justice
of the peace, British consular officer, or officer in command of
one of Her Majesty's ships, against the master or any of the crew
the master shall, so soon as the service of the ship will permit,
(a) if the ship is then at a place where there is such a justice
or officer as aforesaid, after such statement, and
(b) if the ship is not then at such a place, after her first arrival
at such a place
allow the complainant to go ashore or send him ashore in proper
custody, or, in the case of complaint to a naval officer, to the ship
of such officer, so that he may be enabled to make his complaint.
(2) If the master of a ship fails without reasonable cause to
comply with this section, he shall for each offence be liable to a
fine not exceeding ten pounds.
Provisions as to Discipline
Misconduct
endangering
life or ship.
220. If a master, seaman, or apprentice belonging to a British
ship, by wilful breach of duty or by neglect of duty or by reason
of drunkenness,
(a) does any act tending to the immediate loss, destruction, or
serious damage of the ship, or tending immediately to
endanger the life or limb of a person belonging to or on
board the ship ; or
(b) refuses or omits to do any lawful act proper and requisite to
be done by him for preserving the ship from immediate loss,
destruction, or serious damage, or for preserving any person
belonging to or on board the ship from immediate danger to
life or limb,
he shall in respect of each offence be guilty of a misdemeanour.
MERCHANT SHIPPING ACT, 1 8 9 4
37
221. If a seaman lawfully engaged, or an apprentice to the Desertion
and absence
sea service, commits any of the following offences he shall be liable without
leave
to be punished summarily as follows:
(a) If he deserts from his ship he shall be guilty of the offence
of desertion and be liable to forfeit all or any part of the
effects he leaves on board, and of the wages which he has
then earned, and also, if the desertion takes place abroad,
of the wages he may earn in any other ship in which he may
be employed until his next return to the United Kingdom,
and to satisfy any excess of wages paid by the master or
owner of the ship to any substitute engaged in his place at
a higher rate of wages than the rate stipulated to be paid
to him; and also, except in the United Kingdom, he shall
be liable to imprisonment for any period not exceeding
twelve weeks with or without hard labour;
(b) If he neglects, or refuses without reasonable cause, to join
his ship, or to proceed to sea in his ship, or is absent without
leave at any time within twenty-four hours of the ship's
sailing from a port, either at the commencement or during
the progress of a voyage, or is absent at any time without
leave and without sufficient reason from his ship or from
his duty, he shall, if the offence does not amount to desertion, or is not treated as such by the master, be guilty of
the offence of absence without leave, and be liable to forfeit
out of his wages a sum not exceeding two days' pay, and in
addition for every twenty-four hours of absence, either a
sum not exceeding six days' pay, or any expenses properly
incurred in hiring a substitute; and also, except in the
United Kingdom, he shall be liable to imprisonment for
any period not exceeding ten weeks with or without hard
labour.
222. (1) If in the United Kingdom a seaman or apprentice is conveyance
guilty of the offence of desertion or of absence without leave, or onl^ard"
otherwise absents himself from his ship without leave, the master, sn'Pany mate, the owner, ship's husband, or consignee of the ship,
may, with or without the assistance of the local police officers or
constables, convey him on board his ship, and those officers and
constables are hereby directed to give assistance if required;
(2) Provided that if the seaman or apprentice so requires he
shall first be taken before some court capable of taking cognisance
of the matter to be dealt with according to law.
(3) If it appears to the court before whom the case is brought
that the seaman or apprentice has been conveyed on board or
taken before the court on improper or insufficient grounds, that
court may inflict on the master, mate, owner, ship's husband, or
consignee, as the case may be, a fine not exceeding twenty pounds ;
but the infliction of that fine shall be a bar to any action for false
imprisonment in respect of the arrest.
38
GREAT BRITAIN
Provisions as
to arrest and
Imprisonment applying out of
the United
Kingdom.
223. (1) If out of the United Kingdom, either at the commencement or during the progress of any voyage, a seaman or
apprentice is guilty of the offence of desertion or of absence
without leave, or otherwise absents himself from his ship without
leave, the master, any mate, the owner, ship's husband, or consignee, may in any place in Her Majesty's dominions out of the
United Kingdom, with or without assistance of the local police
officers or constables (and those officers and constables are hereby
directed to give assistance if required), and also at any place out of
Her Majesty's dominions, if and so far as the laws in force at that
place will permit, arrest him without first procuring a warrant.
(2) A person so arresting a seaman or apprentice may in any
case, and shall in case the seaman or apprentice so requires and
it is practicable, convey him before some court capable of taking
cognisance of the matter, to be dealt with according to law, and
for that purpose may detain him in custody for a period not
exceeding twenty-four hours, or such shorter time as may be
necessary; but if the seaman or apprentice does not require to be
so taken before a court, or if there is no such court at or near the
place, the person arresting him may at once convey him on board'
his ship.
(3) If it appears to the court before whom the case is brought
that an arrest under this section has been made on improper or
on insufficient grounds, the master, mate, owner, ship's husband,
or consignee who made the arrest, or caused it to be made, shall
be liable to a fine not exceeding twenty pounds; but the infliction
of that fine shall be a bar to any action for false imprisonment
in respect oi the arrest.
(4) If out of the United Kingdom, a seaman or apprentice is
imprisoned for having been guilty of the offence of desertion or of
absence without leave, or for having committed any other breach
of discipline, and during his imprisonment and before his engagement is at an end, his services are required on board his ship,
a justice of the peace may, on the application of the master or
of the owner or his agent, notwithstanding that the period of imprisonment is not at an end, cause the seaman or apprentice to be
conveyed on board his ship for the purpose of proceeding on the
voyage, or to be delivered to the master or any mate of the ship,
or to the owner or his agent, to be by them so conveyed.
Power of
Court to
order offender to
be taken on
board ship.
224. (1) Where a seaman or apprentice is brought before a
court on the ground of the offence of desertion, or of absence
without leave, or of otherwise absenting himself without leave,
the court, if the master or the owner or his agent so require, may
(and if out of the United Kingdom in lieu of committing him to
prison) cause him, to be conveyed on board his ship for the purpose of proceeding on the voyage or deliver him to the master,
or any mate of the ship, or the owner, or his agent, to be by them
so conveyed, and may in such case order any costs and expenses
properly incurred by or on behalf of the master or owner by reason
of the offence to be paid by the offender, and, if necessary, to be
MERCHANT SHIPPING ACT, 1894
39
deducted from any wages which he has then earned, or by virtue
of his then existing engagement may afterwards earn.
(2) If in the United Kingdom a seaman or apprentice to the
sea service intends to absent himself from his ship or his duty,
he may give notice of his intention, either to the owner or to the
master of the ship, not less than forty-eight hours before the time
at which he ought to be on board his ship; and in the event of
that notice being given, the court shall not exercise any of the
powers conferred by this section for causing the offender to be
conveyed on board his ship.
225. (1) If a seaman lawfully engaged or an apprentice to General
the sea service commits any of the following offences, in this Act against disreferred to as offences against discipline, he shall be liable to be c|P"nepunished summarily as follows; that is to say:
(a) If he quits the ship without leave after her arrival at her
port of delivery, and before she is placed in security, he
shall be liable to forfeit out of his wages a sum not exceeding one month's pay;
(b) If he is guilty of wilful disobedience to any lawful command,
he shall be liable to imprisonment for a period not exceeding four weeks, and also, at the discretion of the court, to
forfeit out of his wages a sum not exceeding two days' pay;
(c) If he is guilty of continued wilful disobedience to lawful
commands or continued wilful neglect of duty, he shall be
liable to imprisonment for a period not exceeding twelve
weeks, and also, at the discretion of the court, to forfeit
for every twenty-four hours' continuance of disobedience or
neglect, either a sum not exceeding six days' pay, or any
expenses properly incurred in hiring a substitute;
(d) If he assaults the master or any mate or certificated engineer of the ship, he shall be liable to imprisonment for a
period not exceeding twelve weeks;
(e) If he combines with any of the crew to disobey lawful
commands, or to neglect duty, or to impede the navigation
of the ship or the progress of the voyage, he shall be liable
to imprisonment for a period not exceeding twelve weeks ;
(/) If he wilfully damages his ship, or embezzles or wilfully
damages any of her stores or cargo, he shall be liable to
forfeit out of bis wages a sum equal to the loss thereby
sustained, and also, at the discretion of the court, to imprisonment for a period not exceeding twelve weeks;
(g) If he is convicted of any act of smuggling, whereby loss or
damage is occasioned to the master or owner of the ship, he
shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage; and the whole or a
proportionate part of his wages may be retained in satisfaction or on account of that liability, without prejudice
to any further remedy.
(2) Any imprisonment under this section may be with or without hard labour.
40
GREAT BRITAIN
Summary
remedies not
to alTect
other remedies.
226. Nothing in the last-preceding section or in the sections
relating to the offences of desertion or absence without leave
shall take away or limit any remedy by action or by summary
procedure before justice which an owner or master would but
for those provisions have for any breach of contract in respect
of the matters constituting an offence under those sections, but
an owner or master shall not be compensated more than once in
respect of the same damage.
Penalty for
false statement as to
last ship or
name.
227. (1) If a seaman on or before being engaged wilfully and
fraudulently makes a false statement of the name of his last ship
or alleged last ship, or wilfully and fraudulently makes a false
statement of his own name, he shall for each offence be liable to
a fine not exceeding five pounds.
(2) The fine may be deducted from any wages the seaman may
earn by virtue of his engagement as aforesaid, and shall, subject
to reimbursement of the loss and expenses (if any) occasioned
by any desertion previous to the engagement, be paid and applied
in the same manner as other fines under this Act.
Entry of
offences in
official log.
228. If any offence, within the meaning of this Act, of desertion or absence without leave or against discipline is committed,
or if any act of misconduct is committed for which the offender's
agreement imposes a fine and it is intended to enforce the fine,
(a) an entry of the offence or act shall be made in the official
log-book, and signed by the master and also by the mate
or one of the crew; and
(b) the offender, if still in the ship, shall before the next subsequent arrival of the ship at any port, or if she is at the
time in port before her departure therefrom, either be furnished with a copy of the entry or have the same read
over distinctly and audibly to him, and may thereupon
make such reply thereto as he thinks fit; and
(c) a statement of a copy of the entry having been so furnished,
or of the entry having been so read over, and, in either case,
the reply (if any) made by the offender, shall likewise be
entered and signed in manner aforesaid; and
(d) in any subsequent legal proceeding the entries by thissection required shall, if practicable, be produced or proved,
and in default of that production or proof the court hearing the case may, in their discretion, refuse to receive
evidence of the offence or act of misconduct.
Entries and
certificates
of desertion
abroad.
229. (1) In every case of desertion from a ship in any port
abroad the master shall produce the entry of the desertion in the
official log-book to the person by this Act authorised to grant
certificates for leaving seamen behind abroad; and that person
shall thereupon make and certify a copy of the entry.
(2) The copy shall be forthwith transmitted to the RegistrarGeneral of Snipping and Seamen in England by the person by
whom the copy is made and certified, if he is a public functionary,
MERCHANT SHIPPING ACT, 1 8 9 4
41
and if he is not, by the master, and shall be admissible in evidence
in manner provided by this Act.
230. A superintendent shall keep at his office a list of the
seamen who, to the best of his knowledge and belief, have deserted
or failed to join their ships after signing an agreement to proceed
to sea in them, and shall on request show the list to a master of a
ship, and shall not be liable in respect of any entry made in good
faith in the list.
231. (1) Whenever a question arises whether the wages of
any seaman or apprentice are forfeited for desertion from a ship,
it shall be sufficient for the person insisting on the forfeiture to
show that the seaman or apprentice was duly engaged in or
belonged to the ship, and either that he left the ship before the
completion of the voyage or engagement, or, if the voyage was
to terminate in the United Kingdom and the ship has not returned,
that he is absent from her, and that an entry of his desertion has
been duly made in the official log-book.
(2) The desertion shall thereupon, so lar as relates to any
forfeiture of wages under this Part of this Act, be deemed to be
proved, unless the seaman or apprentice can produce a proper
certificate of discharge, or can otherwise show to the satisfaction
of the court that he had sufficient reasons for leaving his ship.
232. (1) Where any wages or effects are under this Act forfeited for desertion from a ship, those effects may be converted
into money, and those wages and effects, or the money arising
from the conversion of the effects, shall be applied towards reimbursing the expenses caused by the desertion to the master or
owner of the ship, and subject to that reimbursement shall be
paid into the Exchequer, and carried to the Consolidated Fund.
(2) For the purpose of such reimbursement, the master or the
owner, or his agent may, if the wages are earned subsequently to
the desertion, recover them in the same manner as the deserter
could have recovered thern if not forfeited; and the court in any
legal proceeding relating to such wages may order them to be
paid accordingly.
(3) Where wages are forfeited under the foregoing provisions of
this Act in any case other than for desertion, the forfeiture shall,
in the absence of any specific provision to the contrary, be for the
benefit of the master or owner by whom the wages are payable.
233. Any question concerning the forfeiture of or deductions
from the wages of a seaman or apprentice may be determined in
any proceeding lawfully instituted with respect to those wages,
notwithstanding that the offence in respect of which the question
arises, though by this Act made punishable by imprisonment as
well as forfeiture, has not been made the subject of any criminal
proceeding.
234. If a seaman contracts for wages by the voyage or by the
run or by the share, and not by the month or other stated period
of time, the amount of forfeiture to be incurred under this Act
Register of
deserters.
Facilities for
proving
desertion in
proceedings
for forfeiture of
wages.
Application
of forfeitures.
Decision of
questions of
forfeiture
and deduct i o n s ^ suits
for wages.
Ascertainment of
amount of
forfeiture out
of wages.
42
GREAT BRITAIN
shall be an amount bearing the same proportion to the whole
wages or share, as a month or any other peiiod herein-before
mentioned in fixing the amount of such forfeiture (as the case
may be) bears to the whole time spent in the voyage or run ; and
if the whole time spent in the voyage or run does not exceed
the period foi which the pay is to be forfeited, the forfeiture shall
extend to the whole wages or share.
Penalty for
enticing to
desert and
harbouring
deserters.
236. (1) If a person by any means whatever persuades or
attempts to persuade a seaman or apprentice to neglect or refuse
to join or proceed to sea in or to desert from his ship, or otherwise to absent himself from his duty, he shall for each offence
in respect of each seaman or apprentice be liable to a fine not
exceeding ten pounds.
(2) If a person wilfully harbours or secretes a seaman or
apprentice who has wilfully neglected or refused to join, or has
deseited, from his ship, knowing or having reason to believe the
seaman or apprentice to have so done, he shall for every seaman
or apprentice so harboured oi secreted be liable to a fine not
exceeding twenty pounds.
Penalty on
stowaways,
and discipline of
stowaways
and seamen
carried
under compulsion.
237. (1) If a person secretes himself and goes to sea in a ship
without the consent of either the owner, consignee, or master, or of
a mate, or of the person in change of the ship, or of any other
person entitled to give that consent, he shall be liable to a fine not
exceeding twenty pounds, or, in the discretion of the court, to
imprisonment, with or without hard labour, for a period not
exceeding four weeks.
(2) Every seafaring person whom the master of a ship is, under
the authority of this or any other Act compelled to take on board
and convey, and every person who goes to sea in a ship without
such consent as aforesaid, shall, so long as he remains in the ship,
be deemed to belong to the ship, and be subject to the same laws
and regulations for preserving discipline, and to the same fines
and punishments for offences constituting or tending to a breach
of discipline, as if he were a member of, and had signed the agreement with, the crew.
Deserters
from foreign
ships.
238. (1) Where it appears to Her Majesty that due facilities
are or will be given by the government of any foreign country for
recovering and apprehending seamen who desert from British
merchant ships in that country, Her Majesty may, by Order in
Council, stating that such facilities are or will be given, declare
that this section shall apply in the case of such foreign country,
subject to any limitations, conditions, and qualifications contained
in the Order.
(2) Where this section applies in the case of any foreign country,
and a seaman or apprentice, not being a slave, deserts when within
any of Her Majesty's dominions from a merchant ship belonging
to a subject of that country, any court, justice, or officer that would
have had cognisance of the matter if the seaman or apprentice had
deserted from a British ship shall, on the application of a consular
MERCHANT SHIPPING ACT, 1894
43
officer of the foreign country, aid in apprehending the deserter, and
for that purpose may, on information given on oath, issue a warrant
for his apprehension, and, on proof of the desertion, order him to
be conveyed on board his ship or delivered to the master or mate
of his ship, or to the owner of the ship or his agent, to be so conveyed; and any such warrant or order may be executed accordingly(3) If any person harbours or secretes any deserter liable to be
apprehended under this section, knowing or having reason to
believe that he has deserted, that person shall for each offence be
liable to a fine not exceeding ten pounds.
Official Logs
239. (1) An officiai log shall be kept in every ship (except
ships employed exclusively in trading between ports on the coasts
<jf Scotland) in the appropriate form for that ship approved by
the Board of Trade.
(2) The Board of Trade shall approve forms of officiai logbooks, which may be different for different classes of ships, so that
each such form shall contain proper spaces for the entries required
by this Act.
(3) The official log may, at the discretion of the master or owner,
be kept distinct from, or united with, the ordinary ship's log, so
that in all cases the spaces in the official log-book be duly filled up.
(4) An entry required by this Act in an official log-book shall
be made as soon as possible after the occurrence to which it relates,
and if not made on the same day as that occurrence shall be made
and dated so as to show the date of the occurrence and of the
entry respecting it; and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge
shall not be made more than twenty-four hours after that arrival.
(5) Every entry in the official log-book shall be signed by the
master, and by the mate, or some other of the crew, and also
(a) if it is an entry of illness, injury, or death, shall be signed
by the surgeon, or medical practitioner on board (if any);
and
(b) if it is an entry of wages due to, or of the sale of the effects
of, a seaman or apprentice who dies, shall be signed by the
mate and by some member of the crew besides the master;
and
(c) if it is an entry of wages due to a seaman who enters Her
Majesty's naval service, shall be signed by the seaman, or
by the officer authorised to receive the seaman into that
service.
(6) Every entry made in an official log-book in manner provided by this Act shall be admissible in evidence.
240. The master of a ship for which an official log is required
shall enter or cause to be entered in the official log-book the
following matters (that is to say):
omciai logs
and to be'
evidence.
En tri s e
1 S ,J "
offlciai logb00k-
44
GREAT
BRITAIN
(1) Every conviction by a legal tribunal of a member of his
crew, and the punishment inflicted;
(2) Every offence committed by a member of his crew for
which it is intended to prosecute, or to enforce a forfeiture,
or to exact a fine, together with such statement concerning the copy or reading over of that entry, and concerning
the reply (if any) made to the charge, as is by this Act
required ;
(3) Every offence for which punishment is inflicted on board,
and the punishment inflicted;
(4) A statement of the conduct, character, and qualifications
of each of his crew, or a statement that he declines to
give an opinion on those particulars;
(5) Every case of illness or injury happening to a member of
the crew, with the nature thereof, and the medical treatment adopted (if any);
(6) Every marriage taking place on board with the names and
ages of the parties;
(7) The name of every seaman or apprentice who ceases to be a
member of the crew, otherwise than by death, with the
place, time, manner, and cause thereof;
(8) The wages due to any seaman who enters Her Majesty's
naval service during the voyage;
(9) The wages due to any seaman or apprentice who dies during
the voyage, and the groos amount of all deductions to be
made therefrom;
(10) The sale of the effects of any seaman or apprentice who dies
during the voyage, including a statement of each article
sold, and the sum received for it ;
(11) Every collision with any other ship, and the circumstances
under which the same occurred; and
(12) Any other matter directed by this Act to be entered.
offences ¡n
official logs.
241. (1) If an official log-book is not kept in the manner required
by this Act, or if an entry directed by this Act to be made therein
is not made at the time and in the manner directed by this Act,
the master shall for each offence be liable to the specific fine in this
Act mentioned in respect thereof, or where there is no such specific
fine, to a fine not exceeding five pounds.
(2) If any person makes, or procures to be made, or assists in
making, any entry in an official log-book in respect of any occurrence happening previously to the arrival of the ship at her final
port of discharge more than twenty-four hours after that arrival,
he shall for each offence be liable to a fine not exceeding thirty
pounds.
(3) If any person wilfully destroys or mutilates or renders
illegible any entry in an official log-book, or wilfully makes or
procures to be made or assists in making a false or fraudulent
entry in or omission from an official log-book, he shall in respect
of each offence be guilty of a misdemeanour.
MERCHANT SHIPPING ACT, 1894
45
242. (1) The master of every foreign-going ship shall, within
forty-eight hours after the ship's arrival at her final port of destination in the United Kingdom or upon the discharge of the crew,
whichever first happens, deliver the official log-book of the voyage
to the superintendent before whom the crew is discharged.
(2) The master or owner of every home-trade ship for which an
official log is required to be kept shall, within twenty-one days of
the thirtieth day of June and the thirty-first day ot December in
every year, transmit or deliver the official log-book for the preceding
half-year to some superintendent in the United Kingdom.
(3) If the master or owner of a ship fails without reasonable
cause to comply with this section, he shall be subject to the same
consequences and liabilities to which he is subject for the nondelivery of the list of the crew required to be delivered under this
Part of this Act.
Delivery of
ofllclal logs
to superintendent of
mercantile
marine ofllce.
243. (1) Where by reason of transfer of ownership or change
of employment of a ship, the official log ceases to be required in
respect of the ship or to be required at the same date, the master or
owner of the ship shall, if the ship is then in the United Kingdom,
within one month, and if she is elsewhere within six months, after
the cessation, deliver or transmit to the superintendent at the port
to which the ship belonged the official log-book (if any) duly made
out to the time of the cessation.
(2) If a ship is lost or abandoned, the master or owner thereof
shall, if practicable, and as soon as possible, deliver or transmit
to the superintendent at the port to which the ship belonged the
official log-book (if any) duly made out to the time ol the loss or
abandonment.
(3) If the master or owner of a ship fails without reasonable
cause to comply with this section, he shall for each offence be
liable to a fine not exceeding ten pounds.
Official logs
to be sent
home in case
of transfer of
ship, and in
case of loss.
Registration of and Returns respecting Seamen
251. (1) There shall be maintained in the port of London, Establishunder the control of the Board of Trade, an office, called the g]^r °ffflrc'
General Register and Record Office of Seamen.
(2) The Board of Trade may appoint and remove a RegistrarGeneral called "The Registrar-General of Shipping and Seamen",
and such assistants, clerks, and servants as may be necessary, and,
with the consent of the Treasury, regulate their salaries and
allowances; and those salaries and allowances, and all other
necessary expenses, shall be paid out of money provided by Parliament.
(3) The Board of Trade may direct that the business of the
said office at any of the outports be transacted at the mercantile
marine office there, or with the consent of the Commissioners of
Customs at the Custom House there, and may appoint the superintendent, or with the said consent some officer of customs,
as the case may be, to conduct the business, and the business shall
46
Register of
seamen.
Lists of the
GREAT BRITAIN
thereupon be conducted accordingly, subject to the immediate
control of the Board of Trade.
252. The Registrar-General of Shipping and Seamen shall, by
means of the documents transmitted to him in pursuance of this
Act, and by any other means in his power, keep at his office a
register of all persons who serve in ships subject to this Act.
253. (1) The master
(a) of a foreign-going ship whose crew is discharged in the
United Kingdom, in whatever part of Her Majesty's
dominions the ship is registered; and
(ft) of a home-trade ship ;
shall make out and sign a list (in this Act referred to as the list of
the crew), in a form approved by the Board of Trade, and containing the following particulars:
(i) the number and date of the ship's register, and her registered tonnage:
(ii) the length and general nature of the voyage or employment ;
(iii) the names, ages, and places of birth of all the crew including
the master and apprentices; their ratings on board, their
last ships or other employments, and the dates and places
of their joining the ship;
(iv) the names of any of the crew who have ceased to belong
to the ship, with the times, places, causes, and circumstances thereof;
(v) the names of any members of the crew who have been
maimed or hurt, with the time, place, cause, and circumstances thereof;
(vi) the wages due at the time of death to any of the crew who
have died;
(vii) the property belonging to any of the crew who have died,
with a statement of the manner in which it has been dealt
with, and the money for which any part of it has been sold ;
(xiii) any marriage which takes place on board with the date
thereof, and the names and ages of the parties.
(2) The list of the crew
(a) in the case of a foreign-going ship, shall be delivered by the
master within forty-eight hours after the arrival of the ship
at her final port of destination in the United Kingdom,
or upon the discharge of the crew, whichever first happens,
to the superintendent before whom the crew is discharged ;
and
(b) in the case of a home-trade ship, shall be delivered or
transmitted by the master or owner to some superintendent
in the United Kingdom on or within twenty-one days after
the thirtieth day of June and the thirty-first day of December in each year;
and the superintendent shall give to such master or owner a
certificate of such delivery or transmission, and any such ship
may be detained until the certificate is produced, and an officer
MERCHANT SHIPPING ACT, 1 8 9 4
47
of customs shall not clear inwards any foreign-going ship until the
certificate is produced.
(3) If the master in the case of a foreign-going ship, or the
master or owner in the case of a home-trade ship, fails without
reasonable cause to deliver or transmit the list of the crew as
required by this section, he shall for each offence be liable to a
fine not exceeding five pounds.
Application of Part II
260. This Part of this Act shall, unless the context or subjectmatter requires a different application, apply to all sea-going ships
registered in the United Kingdom, and to the owners, masters,
and crews of such ships subject as herein-after provided with
respect to:
(a) ships belonging to any of the three general lighthouse
authorities ;
(¿>) pleasure yachts; and
(c) fishing boats.
261. This Part of this Act shall, unless the context or subjectmatter requires a different application, apply to all sea-going
British ships registered out of the United Kingdom, and to the
owners, masters, and crews thereof as follows; that is to say:
(a) the provisions relating to the shipping and discharge of
seamen in the United Kingdom and to volunteering into the
Navy shall apply in every case;
(b) the provisions relating to lists of the crew and to the property of deceased seamen and apprentices shall apply
where the crew are discharged, or the final port oi destination
of the ship is, in the United Kingdom; and
(c) all the provisions shall apply where the ships are employed
in trading or going between any port in the United Kingdom,
and any port not situate in the British possession or country
in which the ship is registered; and
(d) the provisions relating to the rights of seamen in respect
of wages, to the shipping and discharge of seamen in ports
abroad, to leaving seamen abroad and to the relief of
seamen in distress in ports abroad, to the provisions,
health, and accommodation of seamen, to the power of
seamen to make complaints, to the protection of seamen
from imposition, and to discipline, shall apply in every
case except where the ship is within the jurisdiction of
the government of the British possession in which the ship
is registered.
262. The following provisions of this Part of this Act shall not
apply to ships belonging to the three general lighthouse authorities
or to pleasure yachts, or to the owners, masters, and crews thereof,
namely, the provisions relating to
(a) the requirement of officers to hold certificates of competency,
and the production of those certificates;
Application
of Part II to
ships registered in the
United
Kingdom.
Application
of Part II
to ships
registered
elsewhere
than in the
United
Kingdom.
Partial application of
Part II to
ships of n
lighthouse
authorities
and pleasure
yachts.
48
GREAT
BRITAIN
(b) the exemption from stamp duty and record of indentures
of apprenticeship, and matters to be done for the purpose
of such record;
(r) the entry in the agreement with the crew of the particulars
respecting apprentices, and matters to be done for the
purpose of such entry;
(d) the engagement or supply of seamen or apprentices by or
through unlicensed persons;
(e) agreements with the crew (except the provisions relating
to the engagement of a seaman abroad);
(/) the compulsory discharge and payment of seamen's wages
before a superintendent and the compulsory delivery of an
account of wages;
(g) the accommodation for seamen;
(h) the deduction and payment of fines imposed under stipulations in the agreement;
(¿) the delivery of documents at ports abroad to consular or
customs officers; or
(/') official log-books.
Partial ap263. (1) This Part of this Act (except the provisions thereof.
Part ii to
relating to the transmission and delivery of lists of crews, volunfläbing boats, teering into the Navy, and the property of deceased seamen) shall
not, subject as herein-after provided with respect to Scotland or
by the Fourth Part of this Act, apply to fishing boats exclusively
employed in fishing on the coasts of the United Kingdom, or to
the owners, skippers, and crews thereof.
(2) The provisions of this Part of this Act relating to
(a) apprenticeships to the sea service;
(b) compulsory agreements with the crew;
(c) the alteration, falsification, or posting up of copies of
agreements with the crew;
(d) compensation to seamen improperly discharged;
(e) the delivery of an account of wages ;
(/) the granting of certificates of discharge and the return of
certificates of competency by the master;
(g) the decision of questions by the superintendent when
referred to him;
(h) the production of the ship's papers by the master to the
superintendent in proceedings under this Act before him;
or
(¿) the sections constituting the offences of desertion, absence
without leave, and offences against discipline;
shall not, subject as in this section mentioned with respect to
Scotland, apply to any fishing boats whether or not exclusively
employed in fishing on the coasts of the United Kingdom, or to
the owners, skippers, and crews thereof.
(3) So far as respects Scotland all of this Part of this Act
(except the provisions thereof declared not to apply to ships
belonging to the general lighthouse authorities or to pleasure
MERCHANT SHIPPING ACT, 1 8 9 4
40
yachts) shall apply to fishing boats, whether or not exclusively
•employed in fishing on the coasts of the United Kingdom, and
to the owners, skippers, and crews thereof in like manner as it
applies to other ships, and the owners, skippers, and crews thereof.
264. If the legislature of a British possession, by any law,
apply or adapt to any British ships registered at, trading with,
or being at, any port in that possession, and to the owners, masters,
and crews of those ships, any provisions of this Part of this Act
•which do not otherwise so apply, such law shall have effect
throughout Her Majesty's dominions, and in all places where Her
Majesty has jurisdiction in the same manner as if it were enacted
in this Act.
Application
of Part II to
Colony by
Colonial
législatures.
265. Where in any matter relating to a ship ór to a person
belonging to a ship there appears to be a conflict of laws, then,
if there is in this Part of this Act any provision on the subject
-which is hereby expressly made to extend to that ship, the case
«hall be governed by that provision; but if there is no such provision, the case shall be governed by thè law of the port at which
the ship is registered.
Conflict of
laws.
266. This Part of this Act shall apply to an unregistered
British ship which ought to have been registered under this Act,
as if such ship had been registered in the United Kingdom.
Unregistered
ship deemed
to be registered in
United
Kingdom
for certain
purposes.
PART XIIT
LEGAL PROCEEDINGS
Prosecution of Offences
680. (1) Subject to any special provisions of this Act and to Prosecution
t h e provisions hereinafter contained with respect to Scotland,
(a) an offence under this Act declared to be a misdemeanour,
shall be punishable by fine or by imprisonment not exceeding two years, with or without hard labour, but may,
instead of being prosecuted as a misdemeanour, be prosecuted
, summarily in manner provided by the Summary Jurisdiction
Acts, and if so prosecuted shall be punishable only with
imprisonment for a term not exceeding six months, with
or without hard labour, or with a fine not exceeding one
hundred pounds:
(b) an offence under this Act made punishable with imprisonment for any term not exceeding six months, with or
without hard labour, or by a fine not exceeding one hundred
pounds, shall be prosecuted summarily in manner provided
by the Summary Jurisdiction Acts.
50
Application
of Summary
Jurisdiction
Acts in certain cases.
Appeal on
summary
conviction.
Limitation
of time for
summary
proceeding.
GREAT BRITAIN
(2) Any offence committed or fine recoverable under a byelaw
made in pursuance of this Act may be prosecuted or recovered in
the same manner as an offence or fine under this Act.
681. (1) The Summary Jurisdiction Acts shall, so far as.
applicable, apply:
(a) to any proceeding under this Act before a court of summary
jurisdiction, whether connected with an offence punishable
on summary conviction or not; and
(¿>) to the trial of any case before one justice of the peace, where,.
under this Act, such a justice may try the case.
(2) Where under this Act any sum may be recovered as a fine
under this Act, that sum, if recoverable before a court of summary
jurisdiction, shall, in England, be recovered as a civil debt in
manner provided by the Summary Jurisdiction Acts.
682. Where a person is convicted summarily in England of an.
offence under this Act, and the fine inflicted or the sum ordered
to be paid exceeds five pounds in amount, that person may
appeal to quarter sessions against the conviction in manner provided by the Summary Jurisdiction Acts.
683. (1) Subject to any special provisions of this Act neither
a conviction for an offence nor an order for payment of money
shall be made under this Act in any summary proceeding instituted
in the United Kingdom, unless that proceeding is commenced
within six months after the commission of the offence or after
the cause of complaint arises as the case may be; or, if both or
either of the parties to the proceeding happen during that time
to be out of the United Kingdom, unless the same is commenced,
in the case of a summary conviction within two months, and in
the case of a summary order within six months, after they both.
first happen to arrive, or to be at one time, within the United.
Kingdom.
(2) Subject to any special provisions of this Act neither a con
viction for an offence nor an order for payment of money shall
be made under this Act in any summary proceeding instituted
in any British possession, unless that proceeding is commenced
within six months after the commission of the offence or after the
cause of complaint arises as the case may be; or if both or either
of the parties to the proceeding happen during that time not to be
within the jurisdiction of any court capable of dealing with the
case, unless the same is commenced in the case of a summary
conviction within two months, and in the case of a summary order
within six months alter they both first happen to arrive, or to be at
one time, within that jurisdiction.
(3) No law for the time being in force under any Act, ordinance,
or otherwise, which limits the time within which summary proceedings may be instituted shall affect any summary proceeding under
this Act.
(4) Nothing in this section shall affect any proceeding to which.
the Public Authorities Protection Act, 1893, applies.
MERCHANT SHIPPING ACT, 1 8 9 4
51
Jurisdiction
684. For the purpose of giving jurisdiction under this Act, every
offence shall be deemed to have been committed and every cause of
complaint to have arisen either in the place in which the same
actually was committed or arose, or in any place in which the
offender or person complained against may be.
Provision as
to jurisdiction in
case of
offences.
685. (1) Where any district within which any court, justice
of the peace, or other magistrate, has jurisdiction either under this
Act or under any other Act or at common law for any purpose
whatever is situate on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water,
every such court, justice, or magistrate, shall have jurisdiction over
any vessel being on, or lying or passing off, that coast, or being
in or near that bay, channel, lake, river, or navigable water, and
over all persons on board that vessel or for the time being belonging
thereto, in the same manner as if the vessel or persons were within
the limits of the original jurisdiction of the court, justice, or
magistrate.
(2) The jurisdiction under this section shall be in addition to
and not in derogation of any jurisdiction or power of a court under
the Summary Jurisdiction Acts.
Jurisdiction
over ships '\
lying off the
coasts.
686. (1) Where any person, being a British subject, is charged
with having committed any offence on board any British ship on
the high seas or in any foieign port or harbour or on board any
foreign ship to which he does not belong, or, not being a British
subject, is charged with having committed any offence on board
any British ship on the high seas, and that person is found within
the jurisdiction of any court in Her Majesty's dominions, which
would have had cognisance of the offence if it had been committed
on board a British ship within the limits of its ordinary jurisdiction,
that court shall have jurisdiction to try the offence as if it had
been so committed.
(2) Nothing in this section shall affect the. Admiralty Offences
(Colonial) Act, 1849.
Jurisdiction
in case of
offences on
board ship.
687. All offences against property or person committed in or at
any place either ashore or afloat out of Her Majesty's dominions by
any master, seaman, or apprentice who at the time when the
offence is committed is, or within three months previously has
been, employed in any British ship shall be deemed to be offences of
the same nature respectively, and be liable to the same punishments
respectively, and be inquired of, heard, tried, determined, and
adjudged in the same manner and by the same courts and in the
same places as if those offences had been committed within the
jurisdiction of the Admiralty of England; and the costs and
expenses of the prosecution of any such offence may be directed
to be paid as in the case of costs and expenses of prosecutions
for offences committed within the jurisdiction of the Admiralty
of England.
Offences
committed
by British
seamen at
foreign ports
to be within
Admiralty
jurisdiction.
52
GREAT BRITAIN
Provisions in case of Offences Abroad
Conveyance
of offenders and
witnesses to
United
Kingdom or
British possession.
689. (1) Whenever any complaint is made to any. British
consular officer:
(a) that any offence against property or person has been committed at any place, either ashore or afloat, out of Her
Majesty's dominions by any master, seaman, or apprentice,
who at the time when the offence was committed, or within
three months before that time, was employed in any
British ship; or
(b) that any offence on the high seas has been committed by
any master, seaman, or apprentice belonging to any British
ship,
that consular officer may inquire into the case upon oath, and
may, if the case so requires, take any steps in his power for the
purpose of placing the offender under the necessary restraint and
of sending him as soon as practicable in safe custody to the
United Kingdom, or to any British possession in which there is a
court capable of taking cognisance of the offence, in any ship
belonging to Her Majesty or to any of Her subjects, to be there
proceeded against according to law.
(2) The consular officer may order the master of any ship belonging to any subject of Her Majesty bound to the United Kingdom or to such British possession as aforesaid to receive and afford
a passage and subsistence during the voyage to any such offender
as aforesaid, and to the witnesses, so that the master be not
required to receive more than one offender for every one hundred
tons of his ship's registered tonnage, or more than one witness for
every fifty tons of that tonnage; and the consular officer shall
endorse upon the agreement of the ship such particulars with
respect to any offenders or witnesses sent in her as the Board of
Trade require.
(3) Any master of a ship to whose charge an offender has been
so committed shall, on his ship's arrival in the United Kingdom or
in such British possession as aforesaid, give the offender into the
custody of some police officer or constable, and that officer or
constable shall take the offender before a justice of the peace or
other magistrate by law empowered to deal with the matter, and
the justice or magistrate shall deal with the matter as in cases
of offences committed upon the high seas.
(4) If any master of a ship, when required by any British consular officer to receive and afford a passage and subsistence to any
offender or witness, does not receive him and afford a passage and
subsistence to him, or does not deliver any offender committed to
his charge into the custody of some police officer or constable as
herein-before directed, he shall for each offence be liable to a fine
not exceeding fifty pounds.
(5) The expense of imprisoning any such offender and of conveying him and the witnesses to the United Kingdom of to such
MERCHANT SHIPPING ACT, 1 8 9 4
53
British possession as aforesaid in any manner other than in the
ship to which they respectively belong, shall, where not paid as
part of the costs of the prosecution, be paid out of moneys provided
by Parliament.
690. (1) Where a case of death happens on board any foreign- inquiryiinto
going British ship, the superintendent at the port where the crew Jjeäth on
of the ship is discharged, shall, on the arrival of the ship at that h ° a r d ship.
port, inquire into the cause of the death, and shall make in the
official log an endorsement to the effect, either that the statement
of the cause of death in the log is in his opinion true, or the contrary,
according to the result of the inquiry.
(2) A superintendent shall for the purpose of an inquiry under
this section have the powers of a Board of Trade inspector under
this Act; and if in the course of any such inquiry it appears to a
superintendent that any such death has been caused on board the
ship by violence or other improper means, he shall either report
the matter to the Board of Trade, or, if the emergency of the case
so requires, shall take immediate steps for bringing the offender
or offenders to justice.
(3) This section shall not apply:
. (a) except in Scotland, to fishing boats; nor
(b) to ships registered in a British possession when those ships
are within the jurisdiction of the government of that
possession; nor
(c) to pleasure yachts, or ships belonging to any of the three
general lighthouse authorities.
691. (1) Whenever in the course of any legal proceeding instituted in any part of Her Majesty's dominions before any judge
or magistrate, or before any person authorised by law or by
consent of parties to receive evidence, the testimony of any
witness is required in relation to the subject matter of that
proceeding, then upon due proof, if the proceeding is instituted
in the United Kingdom that the witness cannot be found in that
kingdom, or if in any British possession that he cannot be found
in that possession, any deposition that the witness may have
previously made on oath in relation to the same subject matter
before any justice or magistrate in Her Majesty's dominions, or
any British consular officer elsewhere, shall be admissible in
evidence, provided that:
(a) if the deposition was made in the United Kingdom, it shall
not be admissible in any proceeding instituted in the
United Kingdom; and
(£>) if the deposition was made in any British possession, it
shall not be admissible in any proceeding instituted in
that British possession; and
(c) if the proceeding is criminal it shall not be admissible,
unless it was made in the presence of the person accused.
(2) A deposition so made shall be authenticated by the signature
of the judge, magistrate, or consular officer before whom it is made ;
Depositions
'„ evidence™
^amfotTb"683
produced.
54
GREAT BRITAIN
and the judge, magistrate, or consular officer shall certify, it the
fact is so, that the accused was present at the taking thereof.
(3) It shall not be necessary in any case to prove the signature
or official character of the person appearing to have signed any
such deposition, and in any criminal proceeding a certificate under
this section shall, unless the contrary is proved, be sufficient
evidence of the accused having been present in manner thereby
certified.
(4) Nothing herein contained shall affect any case in which
depositions taken in any proceeding are rendered admissible in
evidence by any Act of Parliament, or by any Act or ordinance of
the legislature of any colony, so far as regards that colony, or
interfere with the power of any colonial legislature to make those
depositions admissible in evidence, or to interfere with the practice
of any court in which depositions not authenticated as hereinbefore mentioned are admissible.
Prosecution of Offences in Colonies
Prosecution
of offences
in British
possession.
711. Any offence under this Act shall, in any British possession, be punishable by any Court or magistrate by whom an offence
of a like character is ordinarily punishable, or in such other
manner as may be determined by any Act or ordinance having
the force of law in that possession.
Application of Part XIII
Application
of Part XIII.
712. This Part of this Act shall, except where otherwise
provided, apply to the whole of Her Majesty's dominions.
PART XIV
SUPPLEMENTAL
General Control of Board of Trade
Application
oMees, nnes,
716.
(1) All fees and other sums (other than fines) received
b y t h e B o a r d o f T r f ( d e u n d e r t h e S e c o n d ) Fourth, and Fifth Parts
of this Act shall be carried to the account of the Mercantile
Marine Fund.
(2) All fines coming into the hands of the Board of Trade under
this Act shall be paid into the Exchequer as the Treasury may
direct, and.shall be carried to and form part of the Consolidated
Fund.
MERCHANT SHIPPING ACT, 1 8 9 4
55
Definitions and Provisions as to Application of Act
742. In this Act, unless the context otherwise requires, the Definitions.
following expressions have the meanings hereby assigned to them
that is to say:
" VESSEL " includes any ship or boat, or any other description
of vessel used in navigation;
" SHIP " includes every description of vessel used in navigation
not propelled by oars ;
"" FOREIGN-GOING SHIP " includes every ship employed in trading or going between some place or places in the United
Kingdom, and some place or places situate beyond the
following limits ; that is to say, the coasts of the United
Kingdom, the Channel Islands, and Isle of Man, and the
continent of Europe between the River Elbe and Brest
inclusive ;
"' HOME-TRADE SHIP " includes every ship employed in trading
or going within the following limits; that is to say, the
United Kingdom, the Channel Islands, and Isle of Man,
and the continent of Europe between the River Elbe and
Brest inclusive;
•" HOME-TRADE PASSENGER SHIP " means every home-trade ship
employed in carrying passengers;
" MASTER " includes every person (except a pilot) having
command or charge of any ship ;
" SEAMAN " includes every person (except masters, pilots, and
apprentices duly indentured and registered), employed or
engaged in any capacity on board any ship ;
" Wages " includes emoluments ;
" EFFECTS " includes clothes and documents.
744. Ships engaged in the whale, seal, walrus, or Newfound- Application
land cod fisheries shall be deemed to be foreign-going ships for certain '°
the purpose of this Act, and not fishing boats, with the exception ashing
of ships engaged in the Newfoundland cod fisheries which belong
to ports in Canada or Newfoundland and of ships engaged in the
whale fisheries off the coast of Scotland and registered at ports
in Scotland.
56
GREAT BRITAIN
Merchant Shipping Act, 1906
[6
EDW.
VII,
CH.
48]
PART I. — SAFETY
Prohibition
of engagement of seamen with
insufficient
knowledge
of English.
12. After the thirty-first day of December nineteen hundred
and seven, the superintendent or other officer, before whom a
seaman is engaged to be entered on board any British ship at
any port in the British Islands or on the continent of Europe
between the River Elbe and. Brest inclusive, shall not allow a
seaman to sign the agreement if in his opinion the seaman does
not possess a sufficient knowledge of the English language to
understand the necessary orders that may be given to him in
the course of the performance of his duties; but nothing in this
section shall apply to any British subject or inhabitant of a
British protectorate or to any lascar:
Provided that where a seaman has been allowed to sign an
agreement after the date on which this section comes into force,
and is discharged before a superintendent or other officer, the
superintendent or officer shall note the fact on his certificate of
discharge in manner directed by the Board of Trade, and a
superintendent or other officer shall not under this section refuse
to allow a seaman who holds a certificate so noted to sign an
agreement unless the superintendent or officer considers that there
are special reasons for the refusal, and in that case he shall make
a spi rial report of the matter to the Board of Trade.
PART
Statutory
scale of
provisions
for crew.
III.
SEAMEN'S FOOD
25. (1) The master of every ship for which an agreement
with the crew is required under the Merchant Shipping Acts
shall, if the agreement is made after the first day oi June nineteen
hundred and seven, furnish provisions to every member of the
crew (who does not furnish his own provisions) in accordance
with the scale set out in the First Schedule to this Act, and for
the purposes of section one hundred and ninety-nine of the
principal Act (which provides for compensation in the case of
short or bad provisions) every such member of the crew of the
ship shall be deemed to have stipulated by his agreement for
provisions in accordance with that scale.
(2) The power of the court to modify or refuse compensation
under section one hundred and ninety-nine of the principal Act
MERCHANT SHIPPING ACT, 1906
57
shall he extended to cases where a member of the crew claiming
compensation, although he has not been supplied with the provisions actually required by the scale, has been supplied with
provisions containing on the whole the same or a greater amount
of wholesome nutriment in their place.
(3) If the master of a ship fails to furnish provisions in accordance with this section, and the court before which the case is
tried consider that the failure was due to the neglect or default
of the master, the master shall be liable on summary conviction,
in addition to paying compensation under section one hundred
and ninety-nine of the principal Act, to a fine not exceeding one
hundred pounds.
(4) His Majesty may by Order in Council vary or add to the
First Schedule to this Act.
(5) This section shall not apply in the case of lascars or natives
of India or others not accustomed to a European dietary, with
whom an agreement is entered into providing an adequate scale
of provisions suited to their needs and uses.
26. (1) An inspecting officer appointed under section two inspection
hundred and six of the principal Act may inspect (either on board andiate?.
the ship or before shipment) any provisions or water intended for
the use of the crew of any British ship which is going from any
port in the United Kingdom and for which an agreement with
the crew is required under the Merchant Shipping Acts (other
than provisions provided by the crew themselves), and if he finds
that the provisions or water are in any respect deficient in quality,
the ship shall be detained until the defects are remedied to his
satisfaction :
Provided that any inspection of provisions or water under this
section shall be made before shipment whenever practicable, and, ii
the master, owner, or agent of a ship gives notice to the inspecting
officer that any provisions or water for the ship are ready for
inspection, the inspecting officer shall not have power to inspect
any such provisions or water under this section, if they are at a
convenient place for inspection, except within forty-eight hours
after the notice is given, without prejudice to the power of the
inspecting officer to inspect any provisions or water not specified
in the notice or without unnecessarily delaying the ship to proceed
on board the ship in order to satisfy himself that there has been
no evasion of the requirements of this section by the substitution
of other provisions or water for those which have been inspected
on shore or specified in a notice as being the provisions or water
for the ship, or otherwise.
(2) Where any provisions or water are found deficient in
quality under this section, the master of the ship shall be liable on
summary conviction to a fine not exceeding a hundred pounds,
unless the court before which the case is tried think that the
finding of the inspecting officer was not justified; but if the
master of the ship shows to the satisfaction of the court that
the responsibility for the delects in the provisions or water rests
58
GREAT BRITAIN
either with the owner of the ship, or any agent of the owner of
the ship, or with the person who has supplied the provisions or
water, that agent, owner, or person shall be liable to conviction
for the offence instead of the master, and the master shall be
exempt.
(3) The master of the ship and any other person having charge
of any provisions or water liable to inspection under this section
shall give the inspecting officer every reasonable facility for the
purpose of his inspection under this section, and, if he refuses
or fails to do so, shall be liable for each offence on summary
conviction to a fine not exceeding ten pounds.
Certificated
cooks for
foreigngoing ships.
27. (1) After the thirtieth day of June nineteen hundred
and eight, every British foreign-going ship of a thousand tons
and upwards gross tonnage, going to sea from any place in the
British Islands or on the continent of Europe between the River
Elbe and Brest inclusive, shall be provided with and carry a duly
certificated cook who is able to prove one month's service at sea
in some capacity.
(2) A cook shall not be deemed to be duly certificated within
the meaning of this section unless he is the holder of a certificate of
competency in cooking granted by the Board of Trade or by some
school of cookery or other institution approved for the purpose by
that Board, or is the holder of certificates of discharge showing
at least two years' service as cook previously to the said thirtieth
day of June nineteen hundred and eight.
(3) The cook shall be rated in the ship's articles as ship's cook,
or in the case of ships of not more than two thousand tons gross
tonnage, or ships in which the crew, or the majority of the crew,
provide their own provisions, either as ship's cook or as cook and
steward.
(4) In the case of an emigrant ship, the ship's cook shall be in
addition to the cook required by section threee hundred and four
of the principal Act.
(5) If the requirements of this section are not complied with
in the case of any ship, the master or owner of the ship shall, if
there is no sufficient reason for the failure to comply with the
requirements, for each offence be liable on summary conviction
to a fine not exceeding twenty-five pounds.
PART IV. — PROVISIONS AS TO RELIEF AND REPATRIATION
OF DISTRESSED SEAMEN, AND SEAMEN LEFT BEHIND ABROAD
Dealing with
wages and
effects of a
seaman who
is left behind.
28. (1) If a seaman belonging to any British ship is left behind
out of the British Islands, the master of the ship shall, subject to
the provisions of this section,
(a) as soon as may be, enter in the official log-book a statement
of the effects left on board by the seaman and of the amount
due. to the seaman on account of wages at the time when
he was left behind; and
MERCHANT SHIPPING ACT, 1 9 0 6
59
(b) on the termination of the voyage during which the seaman
was left behind, furnish to the proper officer within fortyeight hours after the arrival of the ship at the port at which
the voyage terminates, accounts in a form approved by
the Board of Trade, one (in this section referred to as the
delivery account) of the effects and wages, and the other
(in this section referred to as the reimbursement account)
of any expenses caused to the master or owner of the ship
by the absence of the seaman in cases where the absence
is due to desertion, neglect to join his ship, or any other
conduct constituting an offence under section two hundred
and twenty-one of the principal Act. The master shall, if
required by the proper officer, furnish such vouchers as
may be reasonably required to verify the accounts.
(2) The master of the ship shall deliver to the proper officer
the effects of the seaman as shown in the delivery account, and
subject to any deductions allowed under this section, the amount
due on account of wages as shown in that account, and the officer
shall give to the master a receipt, in a form approved by the
Board of Trade, for any effects or amount so delivered.
(3) The master of the ship shall be entitled to be reimbursed
out of the wages or effects any sums shown in the reimbursement
account which appear to the proper officer or, in case of an appeal
under this section, to a court of summary jurisdiction to be properly
chargeable, and for that purpose the officer, or, if necessary,
in the case of an appeal, the Board of Trade, shall allow those
sums to bo deducted from the amount due on account of wages
shown in the delivery account, and, so far as that amount is not
sufficient, to be repaid to the master out of the effects.
The proper officer, before allowing any sums to be deducted
or repaid under this provision, may require such evidence as he
thinks fit as to the sums being properly chargeable to be given
by the master of the ship, either by statutory declaration or
otherwise.
Where the master of a ship whose voyage terminates in the
United Kingdom is aggrieved by the decision of the proper officer
as to the sums to be allowed as properly chargeable on his reimbursement account, and the amount in dispute exceeds ten
pounds, he may appeal from the decision of the proper officer to
a court of summary jurisdiction.
(4) Where during the voyage of a ship two or more seamen
have been left behind, the delivery and reimbursement accounts
furnished as respects each seaman may at the option of the master
of the ship be dealt with, as between him and the proper officer,
collectively instead of individually, and in that case the master
of the ship shall be entitled to be reimbursed out of the total
amount of the wages and effects of the seamen left behind the
total of the amounts allowed under this section as properly
chargeable on the reimbursement accounts, and shall be required
to deliver to the proper officer on account of wages only the sum
60
GREAT
BRITAIN
by which the total of the amounts shown on the delivery accounts
to be due on account of wages exceeds the total of the amounts
allowed as properly chargeable on the reimbursement accounts.
(5) The proper officer shall (subject to any repayment madfr
under this section) remit the effects, and any amount received
by him on account of wages under this section, at such time and
in such manner as the Board of Trade require, and shall rendersuch accounts in respect thereof as the Board direct.
(6) In this section the expression "effects" includes the proceedsof any sale of the effects if these effects are sold under this section,
and the effects shall be sold by the proper officer in such manner
as he thinks fit when they are delivered to him, unless the Board
of Trade direct to the contrary, and, if not so sold, shall be sold
by the Board as and when they think fit unless they are delivered
to the seamam
(7) The master shall be under no liability for any loss of effectsor for any damage to the effects if he proves to the proper officer
that the loss or damage occurred without his neglect or privity
after the seaman left the ship.
(8) The Board of Trade shall not be under any liability with
respect to anything done under this section, except that, if after
the wages or effects of a seaman have been dealt with under
this section, any legal proceedings are taken in respect of those
wages or effects, or involving the forfeiture of those wages or
effects, or of any sum out of the wages, by the seaman against
the master or owner of the ship, or by the master or owner of the
ship against the seaman, the Board shall, if notice is given to
them of the proceedings, and a reasonable opportunity afforded
to them of appearing, comply with any order of the court made
as respects the wages or effects, so far as they can do so out of
the wages and effects remitted to them in respect of the voyage
of the ship, and, so far as those wages and effects are not required
for reimbursing any expenses incurred by or on behalf of the
Crown, or incurred by the Government of a foreign country and
repaid to that Government by or on behalf of the Crown, a»
expenses of a distressed seaman on behalf of the seaman.
The Board shall be entitled to appear and be heard in any
such proceedings by any of their officers, and for the purpose of
this section notice to any superintendent shall be deemed to be
notice to the Board.
The Board may, if and so far as they think fit, meet any claim
made by a seaman against the master or owner of the ship in
respect of any wages or effects dealt with under this section,
although legal proceedings are not actually taken in respect
thereof: Provided that they have given notice to the master or
owner of the ship, and the master or owner has not given written
notice of objection within ten days of the notice being given.
For the purposes of this subsection, any legal proceedings
taken or any claim made by a person in whose favour an allotment
note has been made, or who claims reimbursement of expenses
MERCHANT SHIPPING ACT, 1906
61
on behalf of any union or parish under section one hundred and
eighty-two of the principal Act, shall be treated as proceedings
taken or a claim made by the seaman.
(9) Any sums remitted under this section or arising from
the sale of effects under this section shall be paid into the Exchequer, and any sums payable by the Board of Trade under
this section shall be paid out of moneys provided by Parliament.
(10) If the master of a ship fails without reasonable cause
to comply with this section, he shall (without prejudice to any
other liability) for each offence be liable on summary conviction
to a fine not exceeding twenty pounds, and, if he delivers a false
account or makes a false statement or representation for the
purposes of this section, he shall in respect ot each offence be
guilty of a misdemeanour.
(11) The proper officer for the purpose of this section shall be:
(i) at a port in the United Kingdom, a superintendent;
(ii) at a port in a British possession, a superintendent,
or, in the absence of any such superintendent, the
chief officer of customs at or near the port;
(iii) at a port elsewhere, the consular officer at the port.
(12) This section shall not apply in the case of an absent seaman :
(a) where the master of the ship satisfies the proper officer
that none of the effects of the seaman have to his knowledge
been left on board the ship, and that he has paid all wages
due to the seaman; or
•(b) where the amount of wages earned by the seaman (after
taking into account any deductions made in respect of
allotments or advances for which provision is made by the
agreement with the crew) appears from the agreement to
be less than five pounds, and the master does not exercise
his option to deal with the delivery and reimbursement
accounts collectively; or
{c) where the master of the ship satisfies the proper officer
that the net amount due to the seaman on account of
wages (after taking into account any deductions lawfully
made in respect of allotments, advances, or otherwise)
is less than three pounds, and the master does not exercise
his option to deal with the delivery and reimbursement
accounts collectively; or
(d) where the question of the forfeiture of the wages and
effects of the seaman has been dealt with in legal proceedings lawfully instituted before the termination of the
voyage, or within forty-eight hours of the arrival of the
ship at the port at which the voyage terminates.
29. The provisions of Part II of the principal Act relating
to the property of deceased seamen shall be extended so as to
apply to seamen belonging to a British ship registered in the
United Kingdom, the voyage of which is to terminate out of
the United Kingdom, and in that case the British consular officer
Property or
onaatwpVh*
^íic^does
not terminate
Kingdom"
62
GREAT BRITAIN
at the port at which the voyage terminates, or, if the port is in
a British possession, the officer of customs there, shall exercise
the same powers as he may exercise under those provisions when a
ship the voyage of which is to terminate in the United Kingdom
touches and remains for forty-eight hours at a port elsewhere
than in the United Kingdom, and those provisions shall apply
accordingly.
Sanction
required for
discharge of
seamen out
of the United
Kingdom.
30. (1) The master of a British ship shall not discharge a
seaman at any place out of the United Kingdom (except at a
port in the country in which he was shipped) unless he previously
obtains, endorsed on the agreement with the crew, the sanction
of the proper authority as defined for the purpose in this Part
of this Act, but that sanction shall not be refused where the
seaman is discharged on the termination of his service.
(2) The authority to whom an application is made for sanction
under this section may, and, if not a merchant, shall, examine
into the grounds on which a seaman is to be discharged at a place
out of the United Kingdom, and for that purpose may, if he
thinks fit, administer oaths, and may grant or refuse the sanction
as he thinks just, but such sanction shall not be unreasonably
withheld.
(3) If the master of a ship fails to comply with this section,
he shall, in respect of each offence, be guilty of a misdemeanour
and in any legal proceeding for the offence it shall lie on the
master to prove that the sanction was obtained or could not
be obtained or was unreasonably withheld.
Certificate of
discharge
abroad.
31. Where the master of a British ship discharges a seaman
at any place out of the United Kingdom, he shall give to that
seaman a certificate of discharge in a form approved by the
Board of Trade, and, in the case of any certificated officer whose
certificate he has retained, shall return that certificate to him.
Repatriation
of seamen on
termination
of service at
foreign port.
32. (1) Where the service of a seaman belonging to a British
ship terminates at a port out of His Majesty's dominions otherwise
than by the consent of the seaman to be discharged during the
currency of the agreement, the master of the ship shall, besides
giving the certificate of discharge required under this part of this
Act, and besides paying the wages to which the seaman is entitled,
make adequate provision in accordance with this Act for his
maintenance and for his return to a proper return port, and the
proper authority as defined for the purpose in this Part of this
Act shall endorse upon the agreement with the crew of the ship
which the seaman is leaving the particulars of any provision so
made.
(2) If the master fails, without reasonable cause, to comply
with this section, the expenses of maintenance and of the journey
to the proper return port,
(a) if defrayed by the seaman, shall be recoverable as wages
due to him; and
MERCHANT SHIPPING ACT, 1906
63
(¿>) if defrayed by the proper authority or by any other person,
shall (unless the seaman has been guilty of barratry) be
a charge upon the ship to which the seaman belonged, and
may also be recovered against the person who is the owner
of the ship for the time being, or, where the ship has
been lost, against the person who was the owner of the ship
at the time of the loss, or, where the ship has been transferred
to some person not being a British subject, either against
the owner for the time being or against the person who
was the owner of the ship at the time of the transfer, at the
suit of the proper authority or other person defraying the
expenses, or, in case they have been allowed to the authority
or person out of public money, as a debt to the Crown, either
by ordinary process of law or in the court and in the manner
in which wages may be recovered by seamen.
(3) This section shall not apply in the case of a foreign seaman
who has been shipped at a port out of the United Kingdom
and discharged at a port out of the United Kingdom.
33. (1) Where a British ship is transferred or disposed of at
any port out of His Majesty's dominions, any seaman belonging
to that ship shall be discharged unless the seaman consents in
writing in the presence of the proper authority as defined for
the purpose in this Part of this Act to complete the voyage of
the ship if continued.
(2) Where a seaman is so discharged the provisions of this
Part of this Act as to the certificate of discharge, and the return
of the seaman to a proper return port, shall apply as if the service
of the seaman had terminated otherwise than by the consent of the
seaman to be discharged during the currency of the agreement,
and shall apply to foreign seamen whether they have been shipped
at a port in the United Kingdom or not.
Discharge,
etc. of
seamen on
change of
ownership of
ship at a
foreign port»
36. (1) The master of a British ship shall not leave a seaman
behind at any place out of the United Kingdom, ashore or at
sea (except where the seaman is discharged in accordance with
the Merchant Shipping Acts), unless he previously obtains, endorsed
on the agreement with the crew, the certificate of the proper
authority as defined for the purpose in this Part of this Act,
stating the cause of the seaman being left behind, whether the
cause be unfitness or inability to proceed to sea, desertion, or
disappearance or otherwise.
(2) The authority to whom an application is made for a certificate under this section may, and, if not a merchant, shall,
examine into the grounds on which a seaman is to be left behind,
and for that purpose may, if he thinks fit, administer oaths, and
may grant or refuse the certificate as he thinks just, but the
certificate shall not be unreasonably withheld.
(3) If the master of a ship fails to comply with this section,
he shall (without prejudice to his liability under any other provision of the Merchant Shipping Acts) be guilty in respect of
Certificate
of proper
authority
required
where a seaman is left
behind
abroad.
64
GREAT
BRITAIN
each offence of a misdemeanour, and in any legal proceeding for
the offence it shall lie on the master to prove that the certificate
was obtained or could not be obtained without unreasonable delay
to the ship or was unreasonably withheld.
Account of
wages in case
of seamen left
behind on
ground of
unfitness or
inability to
proceed to
sea.
37. (1) Where a master of a British ship leaves a seaman
behind on shore in any place out of the United Kingdom on the
ground of his unfitness or inability to proceed to sea, he shall
deliver to the person signing the required certificate of the proper
authority a full and true account of the wages due to the seaman,
and if that person is a consular officer shall deliver the account
in duplicate.
(2) if a master fails without reasonable cause to deliver the
account, he shall for each offence be liable on summary conviction
to a fine not exceeding ten pounds, and, if he knowingly delivers
a false account, he shall for each offence be liable on summary
conviction to a fine not exceeding twenty pounds, in addition in
each case to the payment of the wages.
Payment of
wages of
seamen left
behind on
ground of
unfitness or
inability to
proceed to
sea.
38. (1) The master shall pay the amount of wages due to a
seaman left behind on the ground of his unfitness or inability to
proceed to sea, if he is left in a British possession to the seaman
himself, and if he is left elsewhere to the British consular officer.
(2) Where payment is made to a British consular officer, that
officer shall retain one duplicate of the account delivered to him,
and, if satisfied with the account, endorse on the other duplicate"
a receipt for the payment, and return it to the master, and the
master shall deliver the duplicate within forty-eight hours of his
return to his port of destination, if that port is in the United
Kingdom, to the superintendent at that port, and, if that port is
not in the United Kingdom, to the proper authority as defined
for the purpose of this Part of this Act.
(3) The payment shall be made, whenever it is practicable, in
money, and, when not so practicable, by bills drawn on the owner
of the ship, but if payment is made by bill:
(a) the person signing the required certificate of the proper
authority shall certify by endorsement on the bill that
the bill is drawn for seamen's wages, and shall also endorse
on the agreement with the crew the amount for which
the bill is drawn, and such further particulars as the Board
of Trade require;
{b) if the bill is drawn by the master, the owner of the ship
shall be liable to pay the amount to the holder or endorsee
thereof; and it shall not be necessary in any proceeding
against the owner upon the bill to prove that the master
had authority to draw it ;
(c) a bill purporting to be drawn and endorsed under this
section shall, if produced out of the custody of the Board
of Trade or of the Registrar-General of Shipping and
Seamen, or of any superintendent, be admissible in evidence ;
and any endorsement on any such bill purporting to be
MERCHANT SHIPPING ACT, 1906
65
made in pursuance of this section shall also be admissible
as evidence of the facts stated in the endorsement.
(4) If a master fails, without reasonable cause, to make such
payment of wages as provided by this section, he shall for each
offence be liable on summary conviction, in addition to the
payment of the wages, to a fine not exceeding ten pounds.
43. A person belonging to a British ship shall not wrongfully Penalty for
force a seaman on shore and leave him behind or otherwise cause ["£„' on Sea '
a seaman to be wrongfully left behind at any place, either on shore ȧore.
or at sea, in or out of His Majesty's dominions, and if he does so
he shall in respect of each offence be guilty of a misdemeanour.
44. (1) Every fine imposed on a seaman for any act of mis- Deduction
conduct for which his agreement imposes a fine shall be deducted ITndpaymwit
to superinas follows (that is to say) :
tendents,
(a) if the offender is discharged in the United Kingdom, and etc. of fines.
the offence, and the entry in the log-book required by the
Merchant Shipping Acts in respect thereof, are proved to
the satisfaction, in the case of a foreign-going ship, of the
superintendent before whom the offender is discharged,
and in the case of a home-trade ship, of the superintendent
at or nearest the port at which the crew are discharged,
the master or owner shall deduct the fine from the wages
of the offender;
{b) if the offender enters His Majesty's naval service or is
discharged abroad, and the offence and the entry as aforesaid
are proved to the satisfaction of the officer in command of
the ship he so enters, or of the proper authority by whose
sanction he is discharged, as the case may be, the fine shall be
deducted as aforesaid and an entry made in the official
log-book of the ship and signed by the officer or authority
to whose satisfaction the offence is proved.
{2) Every fine so deducted shall be paid:
(a) if the offender is discharged in the United Kingdom, to
the superintendent;
{¿>) if the offender enters His Majesty's naval service, on the
return of the ship to its port of destination, if that port is
in the United Kingdom, to the superintendent before whom
the crew is discharged, or in the case of a home-trade ship,
to the superintendent at or nearest to the port at which the
crew is discharged, and, if the port of destination is not
in the United Kingdom, to the proper authority as defined
for the purpose of this Part of this Act ;
(c) if the offender is discharged at any place out of the United
Kingdom, to the proper authority.
(3) A proper authority shall remit any amounts received by
them under this section at such times and in such manner, and
render such accounts in respect thereof, as the Board of Trade
require.
5
66
GREAT BRITAIN
(4) If a master or owner fails without reasonable cause to pay
any fine as required by this section, he shall for each offence b&
liable on summary conviction to a fine not exceeding six timesthe amount of the fine not so paid.
(5) An act of misconduct for which' any fine has been inflicted
and paid by, or deducted from the wages of, the seaman,.
shall not be otherwise punished under the Merchant Shipping
Acts.
Proper repoi .
Mode of
ForVctum.
45. For the purpose of this Part of this Act, either the port
which the seaman was shipped or a port in the country to
which he belongs, or some other port agreed to by the seaman,
in the case of a discharged seaman, at the time of his discharge,.
shall be deemed to be a proper return port:
Provided that in the case of a seaman belonging to a British
possesion who has been shipped and discharged out of the United.
Kingdom the proper officer may treat a port in the United Kingdom.
as a proper return port.
at
46. (1) A seaman may be sent to a proper return port b y
any reasonable route, either by sea or land, or partly by sea and
partly by land.
(2) Provision shall be made for the return of the seaman as.
to the whole of the route if it is by sea, or as to any part of the
route which is by sea, by placing the seaman on board a British.
ship which is in want of men to make up its complement, or,.
if that is not practicable, by providing the seaman with a passage
in any ship, British or foreign, or with the money for his passage,.
and, as to any part of the route which is by land, by paying the
expenses of his journey and of his maintenance during the journey,.
or providing him with means to pay those expenses.
(3) Where the master of a ship is required under this Part
of this Act to provide for the return of a discharged seaman to
a proper return port, the master may, instead of providing the
seaman's passage, or the expenses of his journey, or of providing,
the seaman with means to pay his passage or those expenses,.
deposit with the proper authority such sum as that authority
consider sufficient to defray the expenses of the return of the
seaman to a proper return port.
(4) The Board of Trade may, by the distressed seamen regulations, make such provision as may be necessary for enabling
the proper authority, and in the case of expenses required to be
incurred in the United Kingdom any officer named for the purpose by the Board, to defray on behalf of the authority originally
making arrangements for the return of a distressed seaman to a
proper return port any expenses on account of that seaman which
the authority originally acting in respect of him could defray,
and any expenses so incurred shall for the purposes of this Part
of this Act relating to distressed seamen be deemed to be expenses»
incurred on behalf of the distressed seaman.
MERCHANT SHIPPING ACT, 1906
67
47. If any question arises as to what return port a seaman Decision of
is to be sent to in any case, or as to the route by which he should ?0" return st>yS
be sent, that question shall be decided by the proper authority, f¿°Kr au "
and, in deciding any question under this provision, the authority
shall have regard both to the convenience of the seaman and to
the expense involved, and also, where 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.
48. (1) Where a distressed seaman is, for the purpose of Provisions as
his return to a proper return port, placed on board a British distressed
ship, the authority by whom the seaman is so placed shall endorse ^ÌpT" ° n
on the agreement with the crew of the ship the name of the
seaman so placed on board, together with any particulars directed
to be endorsed by the distressed seamen regulations.
(2) The master of every British ship shall receive on board
his ship, and afford a passage and maintenance to, all distressed
seamen whom he is required under this Act to take on board his
ship, not exceeding one for every fifty tons burden, and shall
during the passage provide every such distressed seaman with a
proper berth or sleeping place, effectually protected against sea
and weather.
(3) On the production of a certificate, signed by the authority
by whose directions any such distressed seaman was received on
board, specifying the number and names of the distressed seamen
and the time when each of them was received on board, and on
a declaration made by the master before a justice of the peace,
or any officer authorised to administer an oath, stating the
number of days during which each distressed seaman has received
maintenance, and stating the full complement of his crew and
the actual number of seamen employed on board his ship, and
every variation in that number, whilst the distressed seamen
received maintenance, the master shall be entitled to be paid, in
respect to the maintenance and passage of every seaman so
conveyed, maintained, and provided for by him, exceeding the
number (if any) wanted to make up the complement of his crew,
such sum per diem as the Board of Trade allow.
(4) If any master of a British ship fails without reasonable
cause to comply with this section in the case of any distressed
seaman, he shall for each offence be liable on summary conviction
to a fine not exceeding one hundred pounds.
49. For the purposes of this Part of this Act, unless the Definitions
context otherwise requires:
authority6"
and " sea(1) The expression "proper authority" means:
men ".
(a) as respects a place out of His Majesty's dominions, the
British consular officer, or, if there is no such officer
in the place, any two British merchants resident at or
near the place, or, if there is only one British merchant
so resident, that British merchant; and
68
GREAT BRITAIN
(b) as respects a place in a British possession:
(i) in relation to the discharge or leaving behind of
seamen, or the payment of fines, a superintendent,
or, in the absence of any such superintendent, the
chief officer of customs at or near the place; and
(ii) in relation to distressed seamen the governor of
the possession, or any person acting under his
authority;
(2) The expression "seamen" includes not only seamen as
defined by the principal Act, but also apprentices to the
sea service;
(3) The provisions of this Part of this Act shall, for the purpose
of sections two hundred and sixty to two hundred and
sixty-six of the principal Act (which relate to the application
of Part II of that Act), be construed as if they were
contained in Part II of that Act.
PART V. — MISCELLANEOUS
Title to be
rated as A.B.
Notice of
disrating of
seaman.
Power to
except
claims from
release on
settlement.
of wages.
58. (2) Any superintendent or other officer before whom a
seaman is engaged shall refuse to enter the seaman as A.B. on the
agreement with the crew unless the seaman gives such satisfactory
proof as is required by section one hundred and twenty-six of
the principal Act of his title to be so rated; and if any seaman,
for the purpose of obtaining a rating as A.B., makes any false
statement or false representation, he shall be liable on summary
conviction in respect of each offence to a fine not exceeding five
pounds.
59. (1) Where the master of a ship disrates a seaman he shall
forthwith enter or cause to be entered in the official log-book a
statement of the disrating, and furnish the seaman with a copy
of the entry; and any reduction of wages consequent on the
disrating shall not take effect until the entry has been so made and
the copy so furnished.
(2) Any reduction of wages consequent on the disrating of a
seaman shall be deemed to be a deduction from wages within
the meaning of sections one hundred and thirty-two and one
hundred and thirty-three of the principal Act (which relate to
the delivery of the account of wages and the allowance of deductions
therefrom).
60. Notwithstanding anything in section one hundred and
thirty-six of the principal Act, a seaman may except from the
release signed by him under that section any specified claim or
demand against the master or owner of the ship, and a note of
any claim or demand so excepted shall be entered upon the release.
The release shall not operate as a discharge and settlement of any
claim or demand so noted, nor shall subsection (4) of that section
apply to any payment, receipt, or settlement made with respect
to any such claim or demand.
MERCHANT SHIPPING ACT, 1906
69
61. In order to give effect to the provisions of section one
hundred and forty-one of the principal Act enabling a seaman
to require a stipulation for the allotment of his wages by means
of an allotment note every superintendent or other officer before
whom the seaman is engaged shall, after the seaman has signed
the agreement, inquire of the seaman whether he requires such a
stipulation for the allotment of his wages by means of an allotment
note, and if the seaman requires such a stipulation shall insert
the stipulation in the agreement with the crew, and any such
stipulation shall be deemed to have been agreed to by the master.
ObiigationTto
offer allot-"
ment notes.
62. A payment under an allotment note shall begin at the
expiration of one month from the date of the agreement with
the crew and shall be paid at the expiration of every subsequent
month after the first month, and shall be paid only in respect of
wages earned before the date of payment.
Time for
payment of
allotment
note.
63. (!) Where the balance of wages due to a seaman is more
than ten pounds, and the seaman expresses to the master of the
ship his desire to have facilities afforded to him for remitting
all or any part of the balance to a savings bank, or to a near
relative in whose favour an allotment note may be made, the
master shall give to the seaman all reasonable facilities for so
doing so far as regards so much of the balance as is in excess
of ten pounds, but shall be under no obligation to give those
facilities while the ship is in port if the sum will become payable
before the ship leaves port, or otherwise than conditionally on
the seaman going to sea in the ship.
(2) If the master of a ship fails to comply with the provisions
of this section, he shall be liable on summary conviction for each.
offence to a fine not exceeding five pounds.
Master to
give facilities
to seamen for
remitting
wages.
65. (1) Where a seaman who has been lawfully engaged
and has received under his agreement an advance note, after
negotiating his advance note, wilfully or through misconduct fails
to join his ship or deserts therefrom before the note becomes
payable, he shall, on summary conviction, be liable to a fine
not exceeding five pounds, or, at the discretion of the court, to
imprisonment for not exceeding twenty-one days, but nothing
in this section shall take away or limit any remedy by action
or by summary procedure before justices which any person would
otherwise have in respect of the negotiation of the advance note,
or which an owner or master would otherwise have for breach
of contract.
(2) Where it is shown to the satisfaction of the superintendent
that a seaman lawfully engaged has wilfully or through misconduct
failed to join his ship, the superintendent shall report the matter
to the Board of Trade, and that Board may direct that any of the
seamen's certificates of discharge shall be withheld for such period
as they may think fit, and, while a seaman's certificate of discharge
is so withheld, the Registrar-General of Shipping and Seamen, and
any other person having the custody of the necessary documents
Provisions as
to failure to
join ship and
desertion.
70
GREAT BRITAIN
may, notwithstanding anything in the Merchant Shipping Acts,
refuse to furnish copies of any of his certificates of discharge or
certified extracts of any particulars of service or character.
Power of
naval court
to send a
person sentenced to
Imprisonment home
to undergo
sentence.
67. (1) The powers of a naval court under section four hundred
and eighty-three of the principal Act (which deals with those
powers) shall include a power to send an offender sentenced by
the Court to imprisonment either to the United Kingdom or to
any British possession to which His Majesty by Order in Council
has applied this section, as appears to them most convenient
for the purpose of being imprisoned, and the court may take the
same steps, and for that purpose shall have the same powers, as
respects the orders which may be given to masters of ships as
a consular officer has for the purpose of sending an offender for
trial under section six hundred and eighty-nine of the principal
Act, and subsections (2), (4), and (5) of that section shall apply
with the necessary modification.
(2) Any master o"f a ship to whose charge an offender is
committed under this section shall, on his ship's arrival in the
United Kingdom or in a British possession, as the- case may
be, give the offender into the custody of some police officer or
constable, and the offender shall be dealt with as if he had been
convicted and sentenced to imprisonment by a court of competent
jurisdiction in the United Kingdom or in the British possession,
as the case may be.
(3) His Majesty may by Order in Council apply this section
to any British possession the Legislature of which consents to
that application.
Appeal from
naval courts.
68. (1) Any person aggrieved by an order of a naval court
ordering the forfeiture of wages, or by a decision of a naval court
of a question as to wages, fines, or forfeitures, may appeal to
the High Court in such manner and subject to such conditions
and provisions as may be provided by rules of court, and on any
such appeal the High Court may confirm, quash, or vary the
order or decision appealed against as they think just.
(2) Subsection (2) of section four hundred and eighty-three
of the principal Act shall not have effect with respect to any
order of a naval court which is quashed on an appeal under this
section, and, where an order of a naval court is varied on appeal,
shall apply as if the order as so varied were the order originally
made by the naval court.
FRANCE
Seamen's articles of agreement and the maintenance of discipline on
board ship, the only questions dealt with in the present volume, have
jormed the subject of a number of laws, most of them by no means
recent, but still in force. All these legislative provisions will shortly
be replaced by the Code of Maritime Work, and the Disciplinary and
Penal Code for the Mercantile Marine, both of which have been passed
by the Chamber of Deputies, and are at present before the Senate.
The only provisions given here are those concerning seameri's
articles of agreement contained in two legislative texts of special
importance : (1) the Law of 17 April 1907 concerning the Safety of
Maritime Navigation and the Regulation of Work on Board Merchant
Vessels, and (2) the Commercial Code (Book II).
72
FRANCE
Law concerning the Safety of Maritime Navigation and
the Regulation of Work on Board Merchant Vessels
[Dated 17 April 1907]
PART II
Regulation of Work on Board Ship
CHAPTER I. — OFFICERS
21. All vessels covered by section 1 having a gross tonnage of not
less than seven hundred (700) tons and engaged on distant trade (au
long cours) shall have on board besides the master, for deck duty, at
least one qualified chief mate and one qualified second mate.
Vessels of more than one thousand (1,000) tons gross tonnage engaged
on international coasting trade (cabotage international) or national
great coasting trade (grand cabotage national) and making voyagea
which take them more than four hundred (400) miles away from any
French home port shall have on board besides the master, for deck
duty, at least one chief mate and Qne second mate.
Vessels of more than two hundred (200), but less than seven hundred
(700) tons gross tonnage, engaged on distant trade shall have on board
besides the master, for deck duty, at least one qualified chief mate.
Vessels of more than two hundred (200), but less than one. thousand
(1,000) tons gross tonnage, engaged on international coasting trade or
on national great coasting trade and making voyages which take them
more than four hundred (400) miles away from any French home port
shall have on board besides the master, for deck duty, at least one chief
mate.
22. At sea and in open roadsteads, the deck and engine-room officers
shall be divided into watches. There shall be at least two watches of
deck officers, and, in all cases where the engine-room hands are also
divided into three watches, three watches of engine-room officers.
Any engineer placed in charge of a watch must hold an engineer's
certificate.
No officer on board may refuse duty, however many hours he may be
required to remain on duty. The watches shall, however, be so organised
that no deck officer shall have to remain on duty for more than twelve
hours per day, and, in all cases where the engine-room hands are also
divided into three watches, so that no engine-room officer shall have
to remain on duty for more than eight hours per day.
LAW OF 17 APRIL 1907
73
With the exception of cases of force majeure, and of cases where the
safety of the ship, of the persons on board, or of the cargo is involved
:—the master being sole judge as to whether these conditions are
realised—a proportionate extra allowance of not less than one franc per
hour of duty over and above the regulation hours of duty shall be paid
in respect of any hour during which a person is ordered to remain on
duty in excess of the limits laid down in the preceding paragraph.
23. In port or in sheltered roadsteads the officers shall not remain
on duty for more than ten hours per day, except in case of force majeure.
On days of arrival and departure, however, the accumulated period
of duty in such roadstead or port and of duty at sea may amount to
twelve hours for all officers, without any additional remuneration becoming obligatory, provided that such days of arrival and departure
do not recur more often than twice a week; otherwise, the provisions
of the second and third paragraphs of the preceding section shall apply.
CHAPTER II. — THE GREW
24. At sea and in open roadsteads, the deck and engine-room hands
shall work by watches.
The deck hands shall be divided into not less than two watches. The
number of deck hands shall be sufficiently large to ensure that no deck
hand shall be required to work for more than twelve hours per day.
25. The engine-room hands shall be divided into three watches on
distant trade, international coasting trade, and national great coasting
trade, wherever the vessel makes voyages which take her four hundred
(400) miles away from any French home port, and where her gross
tonnage exceeds one thousand (1,000) tons. The Public Administrative
Regulations issued in virtue of section 54 (below) shall prescribe any
other cases in which the engine-room hands shall be divided into three
watches.
Each engine-room watch shall include at least one man tor every
three furnaces.
A fireman may not be called away from stoking duty during his
watch except for urgent work connected with the engines.
The shipowner or the master shall, after reading out the terms of
engagement, disclose to men about to sign on, and shall state at the
moment of making up the list of crew, the composition of the crew
and the number of furnaces in the stokehold.
On board steamships where the engine-room hands are divided into
three watches, the work necessary for keeping the engines in good
condition shall be performed by the engine-room hands outside their
hours of watch duty and without giving them any right to claim extra
remuneration, provided that no man is engaged on such work for more
than one hour in twenty-four.
On board vessels whose engine-room hands are divided into only
two watches, additional remuneration as hereinafter provided shall be
paid in respect of work necessary for keeping the engines in good condition performed outside the hours of watch duty.
74
FRANCE
The engine-room hands shall in any case, by agreement with the deck
hands, see that the cinders are removed during every watch.
26. No deck or engine-room hand may refuse duty, however many
hours he may be ordered to work.
With the exception, however, of cases of force majeure, and of cases
where the safety of the vessel, of the persons on board, or of the cargo
is involved—the master being sole judge as to whether these conditions
are realised—an extra allowance, to be determined in accordance with
the terms of the agreement in force, or with existing custom, shall be
paid in respect of every hour of work ordered to be performed in excess
of the limits laid down in sections 24 and 25.
The master of the vessel shall enter both in his sea protest and in the
ship's log any exceptional cases within the meaning of the third paragraph of section 22 and of the second paragraph of this section. The
entry shall be countersigned in the ship's log by a representative of
either the deck or the engine-room staff.
27. Where the vessel is in harbour or in a sheltered roadstead no
deck hand shall be obliged to work for more than ten hours per day
including the period of his watch duty, and no engine-room hand shall
be obliged to work more than eight hours per day, including his watch
duty, except in cases of force majeure.
On days of arrival and departure, however, the accumulated period
of duty in the roadstead or harbour and at sea may amount to twelve
hours in the case of deck hands without any additional remuneration
becoming obligatory, provided that such days of arrival and departure
do not recur more often than twice a week; otherwise the provisions
of the second paragraph of the preceding section shall apply.
28. As far as possible, Sunday shall be specially set aside as a weekly
day of rest. The master may, however, choose some other day for the
whole or part of the crew.
In the harbours and sheltered roadsteads of France and the French
colonies, the ship's crew shall be employed on the weekly rest day only
on work which cannot be postponed.
At sea, except in cases of force majeure or in cases where the safety
of the ship, of the persons on board and of the cargo is involved—the
master being the sole judge as to whether these conditions are realised—
the crew shall be required to perform on the weekly rest day only such
work as is essential to the safety and sailing of the vessel, to working
the engines, to the maintenance of ordinary cleanliness, providing food
and attending to the requirements of the persons on board. The watch
shall not spend more than two hours of the morning on cleaning work.
Apart from cases of force majeure, and cases where the safety of the
ship, of the persons on board, and of the cargo is involved, and excepting
for work required in order to provide food and attendance for the
persons on board, every hour of work performed under orders on the
weekly rest day in harbour or a roadstead shall entitle the individual
concerned to the additional remuneration specified in section 26 of this
Law.
LAW OF 17 APRIL 1907
75
CHAPTER III. — APPRENTICES AND BOYS
29. Professional registration at a shipping employment office and
professional engagement on board ship of children under 13 full years
•of age are prohibited. Children not less than 12 years of age may however be provisionally registered and engaged, provided that they hold
a certificate of elementary education.
Provisional registration shall be conditional on the production of a
•certificate of physical fitness, which shall be granted free of charge by
a medical man appointed by the maritime authorities; where such
•certificate states that a child is only fit for one class of navigation, his
engagement shall only be permitted for that class.
30. The work of apprentices and boys on board vessels covered by
section 1 shall be subject to the provisions of sections 24, 25, 26, and
27 (above) concerning the work of deck and engine-room hands; such
work shall, however, be subject to the following special provisions independently of the provisions of the preceding section:
(a) The engagement of boys who have not by the date on which
the vessel sails, completed 15 years of age shall, in future, be prohibited
on board any vessel fitted out for the deep-sea fisheries off Newfoundland
and Iceland;
(b) On vessels covered by section 1, apprentices and boys shall not
be employed on night watches, that is to say between 8 p.m. and 4 a.m.
The total number of hours worked by apprentices and boys may not
exceed the regulation number of hours for the crew. Any overtime
worked by them shall be remunerated.
Apprentices and boys may not be employed in the stokehold or
bunkers.
(c) The number of apprentices and boys to be carried on such vessels
shall be fixed at the rate of one boy or apprentice to every fifteen or
fraction of fifteen men in the crew.
CHAPTER IV. — PROVISIONS TO BE SUPPLIED TO THE CREW
31. No shipowner may allow the master or any member of the ship's
crew to contract to supply provisions to the crew for a fixed sum.
The provisions supplied to the crew shall be wholesome and of good
quality, sufficient in quantity, and of a kind suitable for the voyage.
The rations served out shall be equivalent to the rations supplied to
naval ratings. To facilitate the observance of this provision and to
enable its application to be' checked, a table of equivalents shall be
drawn up by Ministerial Decree, specifying the maximum ration of
alcoholic beverages which may be taken on board and served out.
This table, together with a detailed list of the rations served out, shall
be permanently posted up in the men's quarters. At each distribution
the deck and engine-room hands may alternately elect one of their
members for the purpose of checking the quantities served out.
For every reduction by the master of the rations served out, a proportionate indemnity shall be allowed, except in cases of force majeure
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or where the ration of fermented drink is reduced by way of punishment, in accordance with the provisions of the Decree of 24 March 1852.
In cases of force majeure, the circumstances shall be set out in a statement signed by the master, the ship's doctor, where one is carried, and
the two representatives of the crew referred to above.
CHAPTER V. — SPECIAL PROVISIONS
32. The provisions of sections 21, 22, 23, 24, 25, 26, 27, 28, and
paragraph (b) of section 30 shall not apply to vessels fitted out for
fishing, whatever their tonnage or the kind of fishing on which they
are engaged;
Or to merchant vessels of less than two hundred (200) tons gross
tonnage engaged in trade other than distant or international coasting
trade.
The Public Administrative Regulations issued in pursuance of section 54 (below) shall prescribe the manner of organising work on board
the categories of vessels referred to in the two preceding paragraphs.
PART III
Penalties
CHAPTER I. — SHIPOWNERS
33. Any shipowner or person responsible for fitting out a vessel
covered by the provisions of section 1, who allows his vessel to sail
without a sailing permit as required by that section, shall be liable to
a fine of not less than one hundred (100) or more than one thousand
(1,000) francs.
Any shipowner or person responsible for fitting out a vessel who
fails to comply with the provisions of sections 21 to 31 of this law, or
with the provisions of the Public Administration Regulations issued in
virtue of sections 53 and 54 (below), shall be liable to a fine of not less
than one hundred (100) or more than one thousand (1,000) francs in
respect of each offence.
34. Any shipowner or person responsible for fitting out a vessel
who continues to sail a vessel covered by the provisions of section 1,
the sailing permit of which has been suspended under section 14 of this
law, shall be liable to a fine of not less than two hunderd (200) or more
than two thousand (2,000) francs and /or imprisonment for not less than
eight days or more than six months.
Any shipowner or person responsible for fitting out a vessel who sails
a vessel covered by section 1, to which a sailing permit has been refused,
or from which a sailing permit has been withdrawn under the terms
of sections 13 and 14 of this law, shall be liable in respect of each offence
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77
to a fine of not less than four hundred (400) or more then four thousand
(4,000) francs, and/or imprisonment for not less than one month or
more than one year.
35. Any shipowner or person responsible for fitting out a vessel
who sails a vessel under a sailing permit of which the validity has expired
shall, unless the sailing permit expired during the voyage, be liable
to a fine of not less than one hundred (100) or more than one thousand
.(1,000) francs.
36. In any case covered by the provisions of the last three sections,
a shipowner or person responsible for fitting out a vessel who commands
his own vessel may be punished by a temporary or permanent withdrawal by the Minister of Marine of his master's certificate, independently
of any penalties to which he may be liable under the terms of these
sections.
CHAPTER II. — SHIPMASTERS AND SEAMEN
37. Any shipmaster who either individually or by agreement with
the shipowner or person responsible for fitting out his vessel is guilty
of an offence against the provisions of sections 33, 34, and 35 shall be
liable to the penalties prescribed by those sections.
38. Any penalties inflicted upon the master may be reduced to onequarter of those inflicted upon the shipowner or person responsible for
fitting out the vessel, where it is shown that the master acted under the
written or verbal instructions of the shipowner.
39. Any member of the crew who causes an inspection to take place
on board a vessel by knowingly putting forward incorrect allegations
shall be liable to imprisonment for not less than six days or more than
three months. Where, however, his good faith is established, imprisonment for less than six days may be inflicted.
CHAPTER III. — REPEATED OFFENCES, COMPETENCE, AND LIMITATIONS
40. The penalties of fines and imprisonment prescribed in sections
33 to 35 inclusive and in sections 37, 38, and 39 may be doubled where
an offence is repeated.
An offence shall be deemed to have been repeated where an offender
has been convicted in the course of the preceding twelve months of an
offence punishable under this law.
41. Offences against this law come within the competence of the
police courts (tribunaux correctionnels).
42. The provisions of section 463 of the Criminal Code and of the
Law of 26 March 1891 concerning the suspended execution of penalties
shall apply to offences against this law.
43. The time limit for actions brought at civil law or by the public
authorities under this law shall be as prescribed in sections 636 and 638
•of the Code of Enquiry in Criminal Cases.
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44. In case of negligence or default of any kind in the performance
of their duties on the part of members of the committee established
under section 4 or by the experts appointed in accordance with the provisions of sections 6 and 8, where such experts are neither officers nor
civil servants on active service, the Minister of Marine or the Minister
of Commerce and Industry, as the case may be, may order the names
of such members to be temporarily or finally removed from the general
list drawn up in pursuance of the thirteenth paragraph of section 4.
Such removal of names shall be ordered on the advice of the Supreme
Committee established under section 19.
The provisions of the first and second paragraphs of section 177 of
the Criminal Code shall apply to members of the Committee and to the
experts referred to in the first paragraph of this section. The provisions
of sections 179 and 180 of that Code shall apply to shipowners and persons responsible for fitting out vessels and to shipmasters or other
representatives of the owners.
45. The proceeds of fines inflicted under the provisions of this law
shall be paid as to one-half into the Marine Superannuation Fund, and
as to the other half into the French Seamen's Provident Fund.
PART IV
Special Provisions
46. Any clause in a contract of engagement which is contrary to
sections 21 to 30 above, and to the relevant Public Administrative
Regulations, shall be null and void.
47. Throughout the present law the term "master " shall be understood as meaning the master, skipper or commander, or any person who,
in practice, performs the duties ol master.
48. As from the date of promulgation of this law, the sailing permit
required under section 1 of the Law of 20 July 1897 in the case of navigation for pleasure shall be termed "pleasure permit" (permit de plaisance).
49. This law applies to navigation for purposes of pleasure, excepting
as regards sections 21 to 31 (Part II, Chapters I, II, III, and IV).
The manner in which the said sections 21 to 31 shall apply to pleasure
vessels of more than 25 tons and the conditions which must be fulfilled
by the owners of such vessels in order to become entitled to command
them shall be specified in Public Administrative Regulations issued on
the advice of the Supreme Shipping Board (Conseil supérieur de la
Navigation maritime).
53. Public Administrative Regulations issued on the initiative of
the Minister of Marine and the Minister of Industry and Commerce,
after consultation with the Supreme Shipping Board, shall determine:
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79
(1) The information, plans and designs which should accompany all
requests addressed by owners of vereis of more than 25 tons
gross tonnage to the Registrar of Shipping for the purpose of
obtaining a sailing permit.
(2) The cubic air space of the accommodation provided for the
members of the crew and the other persons carried on board
and the general steps to be taken for keeping the air wholesome ;
the bunks, lavatories, and other accessory accommodation which
must be provided; the steps which must be taken to keep such
accommodation clean and in good condition; and the provision
which must be made for preserving food and drink in a wholesome state.
(3) The requirements as regards the steam-driven machinery, where
either the vessel is propelled by steam or other mechanical
means, or steam machinery is utilised on board.
(4) The nautical instruments and other equipment and spare parts
which must be carried on board all vessels, and the requirements
which such instruments or equipment must fulfil in order to
serve the purpose for which they are intended.
(5) The instruments, apparatus or other means which must be
provided on the vessel for purposes of life-saving, collectively or
individually, and the means of communication with the land in
case of emergency of which the provision on board shall be
obligatory.
(6) A detailed list of medical supplies and drugs which must be
carried, based on the duration of the voyage and the number
of members of the crew.
(7) General rules for calculating the vessel's maximum draught and
for placing the markings which shall indicate the maximum
draught on the hull of the vessel. (For the purpose of drawing
up these rules, the classification societies recognised by the Minister of Marine Shipping shall be consulted.)
(8) General rules for calculating the maximum number of passengers
to be carried on board passenger vessels.
(9) General rules for determining which merchant vessels shall be
required to carry a doctor on board.
(10) The method of procedure, in detail, to be followed by the Supreme
Committee, particularly as regards appeals, consultations, enquiries, and expert examinations.
(11) The manner in which this law and the Public Administrative
Regulations issued in pursuance thereof shall be brought to the
attention of the parties concerned.
Any provisions contained in the above-mentioned Public Administrative Regulations which would involve serious alterations in structure, arrangement, or equipment shall not apply to vessels in use on
the date on which the law comes into force.
54. Public Administrative Regulations, issued on the initiative of
the Minister of Marine and the Minister of Industry and Commerce,
after consultation with the Supreme Shipping Board, shall determine:
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(1) Which provisions shall not apply, or shall apply only subject to
certain reservations, to vessels in use on the date at which the
law comes into force.
(2) The conditions under which the maritime authorities may require deck duty for officers to be divided into more than two
watches.
(3) The cases, other than those mentioned in the first paragraph
of section 25, in which the engine-room staff shall be divided
into three watches.
(4) The manner in which work on board vessels covered by the terms
of section 32 of this law shall be organised.
(5) What exceptions shall generally be allowed in regard to the
regulations laid down in sections 21 to 30 inclusive, whether
on account of the shortness of the voyage, the frequency and
duration of a vessel's stays in port, the purpose for which the
vessel is used, or any other consideration.
55. Merchant or fishing vessels of less than 25 tons gross tonnage
shall be inspected annually. Public Administrative Regulations shall
determine the manner in which such inspection »hall take place and the
methods by which continual permanent supervision of the steam engines
or other mechanically-driven machinery shall be effected.
56. Vessels of more than 25 tons shall not be subjected to any visits
of inspection other than those provided for in sections 1, 5, and 7 of
this law.
This law shall come into force at the end of six months after the
promulgation of the Public Administrative Regulations issued in pursuance of sections 53 and 54.
In the case, however, of vessels already in use, the Minister of Marine
may authorise a delay in the application of the law in consideration of
their existing structure or of the importance of the material property
owned by the company or shipping firm to which they belong, so as
to enable the provisions of the law to come gradually into effect.
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81
Commercial Code
BOOK II
Maritime Commerce
CHAPTER III.
—
SHIPOWNERS
218. The shipowner may discharge the master.
No compensation shall be payable to a shipmaster who is discharged,
«xcept by written agreement.
CHAPTER IV.
— THE MASTER
221. Every master, commander, or skipper placed in charge of a
•ship or vessel is personally responsible for any default on his part,
however slight, in the performance of his duties.
222. He is responsible for all goods taken on board, and shall give
a receipt for such goods, known as a "bill of lading".
223. The master is responsible for assembling the crew of the vessel,
and for selecting and engaging the seamen and other members of the
•crew. Where, however, the master happens tobe at the place of residence
of the shipowners, he shall perform this duty only in agreement with
them.
224. The master shall keep a log-book to be checked and initialled
by a judge of the Commercial Court or by the mayor or deputy mayor
in places where there is no Commercial Court.
This log-book shall mention:
Any resolutions adopted during the voyage;
Receipts and payments on account of the ship, and in general
anything relating to the ship or the cargo, or which may form
ground, for rendering an account or making a claim.
225. Before taking cargo on board, the master shall have his vessel
Inspected in the manner and under the conditions prescribed by regulation.
The inspector's report shall be handed' in to the clerk of the Commer•cial Court, and a copy of it shall be delivered to the master.
226. The master shall keep on board:
The certificate of ownership of the vessel;
The certificate of registry;
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The list of the crew;
The bills of lading and charterparties;
The inspector's reports; and
Customs receipts for payments or deposits.
227. The master shall be present in person on board the vessel
whenever she enters or leaves a port, harbour or river.
228. In case of non-compliance with the provisions of the last four
sections, the master is responsible to the persons interested in the vessel
or the cargo for anything that may occur.
229. The master is also responsible for damage which may be sustained
by goods loaded on the deck of his vessels without the written consent
of the shipper.
This clause does not apply to petty coasting trade (petit cabotage).
230. The master is exonerated from responsibility only where it is,
shown that he was constrained by force majeure.
232. In the place of residence of the shipowners or their representatives, the master shall not, without their special consent, have repairs
done to the hull of the vessel, purchase sails, rigging, or other articles
for the vessel, borrow money for this purpose on bottomry, or freight
the vessel.
233. Where the vessel is freighted with the consent of the ownersand one or more of the owners refuses to contribute to the expense
necessary for fitting out the ship, the master may, with the permission
of the judge, twenty-four hours after he has summoned such personsto pay their share, borrow money on their account by mortgaging their
share in the vessel.
Where the share of such persons is already mortgaged, its seizure
may be allowed by the judge, and proceedings may be brought in the
civil court for its sale, as provided above.
234. Where it becomes necessary during the voyage to repair the
hull of the vessel or to purchase provisions, the master may, after
having a declaration made and signed by the leading members of the
crew as evidence of the circumstances of the case, and after obtaining
the permission in France of the Commercial Court, or, where there is
no Commercial Court, of the Justice (Juge de paix), and, in foreign
countries, of the French consul, or, where there is no French consul, of
the local magistrate, borrow money by bottomry on the hull and keel
of the vessel, and pledge or sell goods for the amount required.
The owners, or the master as their representative, shall keep a reckoning of all goods sold according to the current price of goods of the same
kind and quality at the place where the vessel is unloaded and at the
time of her arrival.
The single owner of the cargo, or the several owners, where they are
in agreement, may prevent the sale or pledging of their goods by unloading them and paying freightage for them in proportion to the voyage
already effected. Where one or more of the owners of the cargo refuse
to agree to this course, those who desire to avail themselves of their
option to unload their goods shall pay the full freightage on them.
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83
235. The master shall, before leaving a foreign port or a port in
the French Colonies to return to France, forward to his owners or their
representatives an account signed by himself containing a statement
of the cargo, the price of the goods loaded on the vessel, the amounts
borrowed by him, and the names and addresses of the lenders.
236. Any master who raises money on the hull, provisions or gear
of the vessel, or who pledges or sells goods or provisions, where there
is no necessity to do so, or who enters fictitious losses or payments in
his accounts, shall be responsible to the shipowners, and shall be personally liable to refund such money or the value of such articles, without
prejudice to any criminal proceedings to which he may be liable.
237. Except where a vessel has been legally condemned as unseaworthy, the master may not sell the vessel without special authority
from the owners; any sale of the vessel without such permission shall
be null and void.
238. Any master of a vessel who is engaged for a voyage shall complete the voyage, on pain of compensating the owners and shippers for
any expense, damage or interest payment incurred.
239. A master who sails on consideration of a share in the profits
on the cargo may not engage in any trade or traffic on his own account
except by agreement.
240. In case of a breach of the last preceding section, the goods
shipped by the master on his own account shall be forfeit to the other
parties concerned.
241. The master may not abandon his vessel during the voyage on
account of any danger whatsoever, without previously consulting the
officers and leading members of the crew. Where the ship is abandoned,
he shall save and take with him the ship's money, and as much as possible of the more valuable goods in the cargo, under penalty of being
held personally liable therefore.
Where any goods thus salved from the vessel are lost through some
accidental cause, the master shall no longer be responsible for them.
242. The master shall, within twenty-four hours of his arrival, have
his log-book inspected and deliver his report.
The report must show:
The place and time of his departure;
The course followed;
Any dangers encountered; and
Any irregularities which have occurred on board and any noteworthy circumstances of the voyage.
243. The report shall be delivered to the clerk of the Commercial
Court in the presence of the President of the Court.
In places where there is no Commercial Court, the report shall be
delivered to the Justice (Juge de paix) for the arrondissement.
The Justice who receives the report shall forward it without delay
to the president of the nearest Commercial Court.
In either case the report is to be deposited with the clerk of the Commercial Court.
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244. On the master's arrival in a foreign port, he. shall appear personally before the French consul and report to him, and shall obtain
a certificate showing the date of his arrival and departure, and the nature
and condition of his cargo.
245. Where, during the voyage the master is obliged to put in at a
French port, he shall make a declaration to the president of the local
Commercial Court concerning his reasons for putting in at the port.
In places where there is no Commercial Court, his declaration shall
be made to the Justice for the canton.
Where the master is obliged to put in at a foreign port, his declaration
shall be made to the French consul, or, where there is no French consul,
to the local magistrate.
246. Where the master is shipwrecked and is saved either alone, or
with other members of his crew, he shall appear in person before the
local judge, or, failing a judge, before any other civil authority, and shall
deliver a report to him. He shall have his report corroborated by such
members of his crew as are saved and are with him, and shall take an
official copy of it.
247. With a view to verifying the master's report, the judge shall
take evidence of the members of the crew, and if possible of the passengers, without prejudice to any other means of obtaining evidence.
Uncorroborated reports shall not discharge the master from responsibility, nor shall they be accepted as legal evidence, except where the
master who has been shipwrecked is the sole survivor of the vessel at
the place where he makes his report.
It shall be open to the parties concerned to submit evidence to the
contrary.
248. Except in cases of urgent danger the master may not unload
any goods before he has made his report, on penalty of special prosecution.
249. If provisions on board the vessel run short during the voyage,
the master may, after asking the opinion of the leading members of
the crew, compel individuals who are provided with victuals to give
them up for general use on payment of their value.
CHAPTER V.
—
THE ENGAGEMENT AND PAYMENT OF SEAMEN AND
MEMBERS OF THE CREW
250. The ship's articles or the agreements between the parties shall
be evidence of the conditions of engagement of the master and the members of the crew of a vessel.
251. The master and the members of the crew may not on any
pretext load goods on board the vessel on their own account without
the consent of the owners, and without paying freightage, except as
otherwise stipulated under the terms of their engagement.
252. Where the voyage is broken off through the act of the owners,
the master, or the shippers, before the vessel sails, all seamen engaged
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85
either by the month or by the voyage shall be paid for the days spent
by them in fitting out the vessel. They shall retain any advances which
they may have received by way of compensation.
If no advances have been paid, they shall receive as compensation
one month's wages at the agreed rate.
Where the voyage is broken off after it has begun, all seamen engaged
by the voyage shall be paid the entire sum stipulated under their agreement.
Seamen engaged by the month shall receive their agreed wages for
the time which they have served, together with one-half of their wages
for the rest of the probable duration of the voyage for which they have
been engaged, by way of compensation.
All seamen engaged by the voyage or by the month shall receive in
addition their travelling expenses to the place from which the vessel
sailed, except where the master, the owners or the shippers, or the
marine superintendent can obtain for them a passage on some other
vessel returning to the said place from which they sailed.
253. If trade with the place to which the ship is bound is prohibited
or if the vessel is seized by order of the Government before the voyage
begins, the seamen are entitled to payment only for the days spent
in getting the ship ready.
254. If the prohibition of trade or the seizure of the vessel occurs
during the voyage, in the case of prohibition of trade the seamen shall
be paid an amount proportionate to the time that they have already
served, and in the case of seizure seamen engaged by the month shall
receive half-pay during the period for which the ship is held, whilst
seamen engaged by the voyage shall be paid according to the terms
of their engagement.
255. If the voyage is prolonged the wages due to seamen engaged
by the voyage shall be increased proportionately to the prolongation.
256. If the vessel is intentionally unloaded at a place nearer to the
port of sailing than that indicated in the charterparty, the wages due
to the seamen shall not be reduced.
257. Where the seamen are engaged on a share in the profits or
freightage no compensation or pay shall be due to them in respect
of any abandonment, postponement or prolongation of the voyage
caused by force majeure.
Where such abandonment, postponement, or prolongation is caused
by the act of the shippers, the crew are entitled to a share in the compensation allowed to the vessel.
Such compensation is divided between the owners of the vessel
and the members of the crew in the same ratio as is adopted in the
case of the freightage.
Where the abandonment, postponement or prolongation is caused
by the act of the master or the shipowners they shall be liable to compensate the members of the crew.
258. Where a vessel is captured, shipwrecked or declared unseaworthy, seamen engaged by the voyage or by the month shall be paid
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their wages up to the day on which their duties cease, except where
it is shown either that the loss of the vessel is due to some default or
negligence on their part or that Ihey have not done all in their power
to save the vessel, its passengers and its cargo, or to collect the
wreckage.
In the latter case the Courts shall decide as to the loss or reduction
of pay to which they have rendered themselves liable.
Seamen shall under no circumstances be required to repay any
advances which they have received on their wages.
Where a vessel is lost and leaves no trace the heirs or legal representatives of seamen engaged by the month shall be entitled to the wages
due to such seamen down to the date on which the vessel was last
heard of and for a month beyond that date. The heirs or legal representatives of seamen engaged by the voyage shall be entitled to onehalf of their wages for the voyage.
Where the engagement was for the round voyage, their heirs or
representatives shall be paid one-quarter of the total sum agreed upon
if the vessel disappears on the outward voyage, and to three-quarters
if she disappears on the home voyage, except as may have been otherwise agreed.
In all cases the cost of repatriation of members of the crew shall
be borne by the shipowners, up to a total amount not exceeding the
value of the vessel or wreck, together with the amount of freightage
due in respect of any cargo salved, without prejudice to the preferential claim of the crew for payment of their wages.
260. Seamen whose remuneration is based on the freight shall be
paid their wages solely out of the proceeds of the freight, in proportion
to the amount recovered by the master.
261. On whatsoever basis the seamen have been engaged they shall
be paid for the days spent by them in salving the remains of the ship
and other wreckage.
262. A seaman who falls sick during the voyage or who is injured
in the course of his duty shall be paid his wages and receive nursing and
treatment at the expense of the vessel.
Where the sailor has to be left ashore he shall be repatriated at the
expense of the vessel. The master may, however, discharge all his
obligations in respect of treatment and repatriation by paying to the
French authorities an amount to be fixed in accordance with a tariff
to be drawn up by public administrative regulations,- which shall be
revised every three years.
The wages of a seaman left ashore shall be paid to him up to the
date on which he accepts a fresh engagement, or until he is repatriated.
If he is repatriated before he has recovered from his sickness or injury
he shall be paid his wages until he has recovered. In any case, however
the period during which the wages of the seamen are paid to him shall
not exceed four months from the date on which he was left ashore.
263. Where a seaman is wounded in fighting with enemies or pirates
he shall be entitled to nursing, treatment and repatriation at the
expense of the vessel, as prescribed in the last preceding section.
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87
264. Where a seaman who has left the vessel without permission
is injured ashore, the cost of his nursing and treatment shall be borne
by himself, and he may even be discharged by the master.
In the latter case his wages shall be paid to him only in proportion
to the time which he has served.
265. Where a seaman dies during the voyage his wages shall, if he
was engaged by the month, be payable to his heirs or legal representatives up to the day of his death.
Where he was engaged by the voyage or on a share in the profits
or the freightage, and for the outward voyage only, the whole amount
of his wages or share shall be payable if he dies after the beginning of
the voyage ; if the voyage by which he was engaged was a round voyage
one-half of his wages or share shall be payable if he dies on the outward
voyage or at the port of destination, and the whole shall be payable
if he dies on the homeward voyage.
In the case of deep sea fisheries, one-half of the ssaman's wages
•or of his share shall be payable if he dies during the first half of the
expedition, and the whole if he dies during the second half.
Where a seaman is killed while defending the vessel his entire wages
for the whole voyage shall be due if the vessel comes safely into port;
if the vessel is captured, shipwrecked or declared unseaworthy they
shall be payable up to the date on which the crew ceased to perform
their duties.
270. Any seaman who proves that he has been discharged without
good cause is entitled to compensation from the master.
The compensation payable shall be one-third of the seaman's wages
if he is discharged before the beginning of the voyage; and his entire
wages and the cost of his journey home if he is discharged during the
voyage.
In neither of the above, cases may the master claim repayment of
the amount of such compensation from the shipowners.
Where the sailor is discharged before the list of crew is completed
no compensation shall be due to him.
In no case may the master discharge a seaman in a foreign country.
271. The wages of the seamen shall form a privileged charge upon
the vessel and the freightage.
272. All the above provisions concerning the wages, nursing, and
ransom of the seaman apply also to the officers and all other members
•of the crew.
GERMANY
The present collection contains a translation of those legislative
provisions respecting seamen's articles of agreement and the maintenance of discipline on board ship which have been collected in Germany
in the Seamen's Act (Seemannsordnung) of 2 June 1902. Since that
date no fresh legislation has been promulgated, and seamen are still
subject to the provisions of this Act as regards their employment. A
certain number of Regulations under the principal Act, which cannot
be given here without going too far into detail, have been issued since
1902. They deal with the examinations for obtaining masters'' and
mates' certificates, the quarters of the crew, the employment of engineers
on board ship, medical examination, physical capacity, etc.
It should also be noted that Germany ratified on 6 June 1925 the
Genoa Draft Convention (1920) concerning facilities for finding
employment for seamen.
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GERMANY
Seamen's Act, 1902
CHAPTER I. — INTRODUCTORY PROVISIONS
1. The provisions of this Act shall apply to all merchant vessels
which are allowed to exercise the right of carrying the flag of the "Reich".
They may not be altered by private treaty unless it has been specially
provided that agreement to another effect shall be allowed.
By Imperial Ordinance with the consent of the "Bundesrat" it may
be provided in how far the provisions of this Act shall apply to ships
which ply on inland waters and which are allowed to exercise the right
of carrying the flag of the "Reich".
2. Master in the meaning of this Act is the manager of the ship
(skipper) and in his absence, or if he is prevented from acting, his substitute.
Ship's officers in the meaning of this Act are those persons whose
duty it is to assist the master in the management of the ship and who
require a State certificate of their competence to render the services
required. Moreover, the doctors, superintendents of provision department, and pursers are considered as ship's officers.
Seamen in the meaning of this Act are all other persons engaged on
behalf of the shipowner for service on the ship during its voyage without
distinction whether signing on (section 13) has taken place or not. Women
engaged have the same rights and duties as the seamen. The pilot
does not count as a seaman. The total of the seamen form the crew.
3. The master is the chief of the ship's officers and seamen. His
substitute, unless the shipowner or the master have made another
arrangement for substitution in special branches of work, is the mate
and, in case there is no mate, the able seaman qualified to act as mate
(Bestmann).
The ship's officers are the superiors of all the seamen. The provisions
laid down for the crew or the seamen also apply to the ship's officers,
unless it has been specially provided otherwise.
The service relation of the ship's officers among themselves, and
especially the relation between officers of different services, is regulated
according to the special provisions made by the shipowner or the master.
On steamers, however, during the time of the watch, the engineer on
watch is placed under the mate on watch in so far as he has to obey
the orders of the latter to the engine room.
The seamen other than the ship's officers who act as superiors in
special branches of the service are appointed by the master and are
made known to the crew by posting up their names.
SEAMEN'S ACT,
1902
91
4. The "Bundesrat" shall draw up provisions regarding the number
and the kind of ship's officers to be engaged on board ship, as well as
regarding the degree of the certificates of capacity which the master
and the ship's officers must possess. The provisions shall be placed
before the "Reichstag" for information at its next meeting.
5. Shipping Boards with the rights and duties allotted to them by
the present Act are the authorities who in the territory of the "Reich"
are appointed by law, and in the protected territory by the Chancellor
of the "Reich" and in a foreign country the consuls of the "Reich"
for harbour towns.
The organisation of the Shipping Boards in the territory of the "Reich"
is left to the Governments of the various States in accordance with the
State laws. Their administration is subject to the supervision of the
"Reich". When giving a decision in the cases provided in section 122
the Shipping Boards within the territory of the "Reich" shall consist
of a president and two assessors who have knowledge of shipping.
If a consul is a partner or an agent of the firm which owns the ship,
he shall be excluded from exercising the duties of the Shipping Board
as provided in section 58 regarding such particular ship, if objection
is raised against his co-operation by the ship's officers or the majority
of the crew making the complaint.
6. The protectorates (Schutzgebiete) are considered as part of the
"Reich" in the meaning of this Act.
As German harbours in the meaning of this Act are only considered
the harbours of the territory of the "Reich".
CHAPTER II. — SEAMEN'S DISCHARGE BOOKS AND SIGNING ON
7. Nobody shall engage as a seaman in the territory of the "Reich"
unless he has registered his name, place of birth and age with a Shipping
Board (Seemannsamt) and has received from it a discharge book (Seefahrtsbuch).
If the seaman is a German, he shall not be allowed to undertake
service on board ship before he has reached the age of 14; he has also
to supply information regarding his military duties and, if he is still
a minor, he must show that he has been authorised by his legal guardian
to undertake seaman's duties. He does not require the consent of the
court dealing with guardianship (Vormundschaftsgericht).
Together with his discharge book the seaman shall receive a copy
of the Seamen's Act (Seemannsordnung), of the Act regarding the duty
of merchant vessels to carry seamen who are sent home, of the Act
regarding the finding of employment for seamen, and of an official guide
to the provisions regarding the military duties of the maritime and semimaritime population.
The "Bundesrat" shall decide how far such persons only shall be
engaged as seamen, who after examination of their physical condition
are found suitable for the service to be undertaken by them.
8. The authorisation once granted by the legal guardian is, in case
of doubt, considered to have been granted in general.
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GERMANY
Under such authorisation a minor is entitled without restriction to
enter into the legal transactions involved in the entering into of service
agreements or their termination or the fulfilment of duties which result
from such agreements.
9. Any person who has already received a discharge book shall,
if he wishes to obtain a new discharge book, surrender the former one
or conclusively prove its loss. The Shipping Board shall make an entry
in the new discharge book showing that this has been done.
If the loss has been conclusively proved, the above-mentioned entry
shall be accompanied by a certificate of the Shipping Board setting
forth the seaman's former rank and service, as well as the length of
his period of service and the number of weeks' contributions for invalidity insurance to be allotted to the seaman, in so far as he sufficiently
establishes these particular^,.
10. No person who has an engagement running according to his
discharge book shall be allowed to enter into a new engagement before
he has proved the termination of his former service by the entry which
has to be made in his discharge book (sections 22, 25). If in the opinion
of the Shipping Board such an entry cannot be produced, there shall be
substituted for it an entry to be made in the discharge book by the
Shipping Board as soon as the termination of the service agreement
has been established in some other manner.
11.
charge
stamp
The
duties
The "Bundesrat" shall decide the form and price of the disbook. The preparation of the book shall be free of cost and
duty.
discharge book shall contain particulars regarding the military
and the invalidity insurance of its holder.
12. The master shall be entrusted with the service formalities (engagement, discharge) of the crew in accordance with the following provisions (sections 13 to 26).
The master or a representative of the shipowner who is authorised
to enter into service agreements and the seaman shall attend the signing
on; professional employment agencies for seamen cannot be admitted
as representatives. '
13. The signing on consists of the registration with a Shipping
Board of the service agreement entered into with the seaman. It must
take place before the beginning or the continuation of the voyage, or
if this be impossible without causing delay of the voyage, as soon as a
Shipping Board can be reached: the reasons for delaying or omitting
the signing on shall be entered in the ship's log. Should the signing on
take place within the territory of the "Reich", then the discharge book
shall be produced.
14. The transactions of engaging the crew shall be embodied by
the Shipping Board in the ship's articles. If all the members of the crew
do not sign on at one and the same time and by one and the same transaction, then the ship's articles shall be prepared in accordance with the
first transaction.
SEAMEN'S ACT,
1902
93
The ship's articles shall contain: name and nationality of the ship;
name and place of residence of the master; names, place of residence
and rating of each seaman; the port of departure; the conditions of the
service agreement, inclusive of the provisions regarding the payment
of overtime (section 35, para. 3; section 37, para. 3), and any special
provisions. The ship's articles must also show how much the seaman
will receive in food and drink per day. If special agreements are made
with ship's officers, it shall only be necessary to enter their main purport. Provisions which cannot be allowed according to section 1, para. 2.
shall not be inserted.
As for the rest the form of the ship's articles shall be decided by the
"Bundesrat".
The ship's articles shall remain on board ship during the voyage;
they shall be submitted to the Shipping Board on request.
15. If a seaman only signs on after the ship's articles have been
completed, then the Shipping Board shall enter such an engagement in
the ship's articles.
16. Each time seamen are signed on within, the territory of the
"Reich" an entry recording the fact and the time of the engagement
shall be made by the Shipping Board in the discharge book of each
seaman. This entry shall at the same time serve as a pass for leaving
the country or a sea pass. Outside the territory of the "Reich" such an
entry shall only be made if the discharge book is submitted for this
purpose.
The discharge book shall thereafter be kept by the master during
the time of the seaman's service.
17. Should a seaman who has signed on be prevented from entering
his service through an unavoidable cause, he shall be obliged to give
information of this fact as soon as possible to the master and the Shipping Board before which he was engaged. The master shall as soon as
possible forward the discharge book to the seaman or |the Shipping
Board before whom the engagement took place.
18. The discharge consists of the registration with a Shipping Board
of the termination of the service agreement between the master and
the seaman who ceases to be a party to the agreement. The discharge
shall take place as soon as the agreement comes to an end, and if no
other arrangement has been agreed upon, before the Shipping Board
of the port where the vessel is lying, or if the vessel is lost, before such
Shipping Board as can be first reached.
19. Previous to the discharge the master shall enter in the discharge
book of the seaman who is going to be discharged the rank and service
conditions he had hitherto filled, and the duration of his time of service,
and shall, if requested, also give him a" certificate of conduct. The certificate shall not be entered in the discharge book. All this is free of
cost and stamp duty.
20. The signature of the master underneath the entry in the discharge
book and the certificate of conduct (section 19) shall be certified by the
Shipping Board before which the discharge takes place, free of cost and
stamp duty.
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GERMANY
21. If the master refuses to give a certificate of conduct (section 19}
or if the certificate or the entry in the discharge book (section 19) contains particulars which the seaman denies as being correct, the Shipping
Board shall at his demand investigate the matter and give the seaman
an attestation of the result of such investigation.
22. As soon as the signing off has taken place it shall be entered by
the Shipping Board in the discharge book of the discharged seaman and
in the ship's articles.
23. If not less than two years have elapsed since the preparation of
the ship's articles the master shall, at his request, receive from the
Shipping Board a certified abstract of the ship's articles which is in accordance with the existing conditions of the crew, and this abstract shall
thenceforward be used as the ship's articles.
24. The ship's articles as well as any abstract issued in accordance
with section 23 shall after the termination of such voyage or of such
time as was contemplated by the ship's articles which were drawn up
in accordance with the act of engaging the crew (section 14) be forwarded
to the Shipping Board before which the discharge took place.
The latter shall forward the documents to theShippingBoardoftheport
of engagement, and in the absence of such Board to the Shipping Board
of the port of registry.
25. If changes take place in the number of the crew under such
conditions that the signing on or signing off (section 12) cannot take
place in accordance with the above provisions without delaying the
voyage, the master shall, as soon as a Shipping Board can be reached,
perform the engagement before such Shipping Board and explain the
reasons of delay, or, if such retarded engagement has also become
impossible, register the circumstances. An entry of such, registration
shall be made by the Shipping Board in the ship's articles and in the
discharge books of the seamen concerned.
26. The costs of the engagement formalities, inclusive of the preparation of the ship's articles, shall be borne by the shipowner.
The regulations concerning the costs, which shall be fixed at an equal
amount for all Shipping Boards within the territory of the "Reich", shall
be issued by the "Bundesrat".
CHAPTER III. — CONTRACTUAL RELATIONSHIP
27. The validity of the service agreement does not depend upon its
being made in writing or on the subsequent completion of the signing
on. Nevertheless the seaman shall, on his entering into'such agreement,
receive a certificate (Heuerschein) signed by the master or a representative
of the shipowner (section 12, para. 2) which contains:
Name of the ship;
Description of his rating;
Description of the voyage or the duration of the agreement;
Amount of the wages;
Time and place of signing on;
SEAMEN S ACT, 1 9 0 2
95
Periods of notice and other fixtures of time which regard the termination
of the service agreement shall be equal for both contracting parties.
If an agreement to the contrary is made, the seaman is entitled to claim
for himself the period or time fixture which has been granted to the other
party.
28. The service agreement may be made for a voyage or for a period
of time.
If in the engagement for a voyage the termination of the voyage has
not been mentioned, then in the absence of a stipulation to the contrary
and without prejudice to the provisions of section 69 the service agreement shall run until the return (of the ship) to the port of departure
(section 14).
In the case of an agreement for an indefinite time a period of notice
shall be mentioned in the service agreement or provision shall be made
in some other way for the termination of the service. If this is not done,
then either party may, in any port which is touched at by the ship
for unloading or loading, terminate the agreement, observing a period
of notice of 24 hours.
29. If at the signing of the service agreement there is no definite
arrangement made regarding the amount of the wages, then in case
of doubt those wages will be considered as agreed which the Shipping
Board of the port where the seaman signs on declares to be the usual
wages at that port at the time of the signing on.
30. If a seaman has accepted service by more than one agreement
for one and the same period, then, if a signing on has taken place on the
basis .of one of the agreements, that agreement shall prevail, otherwise
the agreement which was first signed shall prevail.
31. If a seaman is not engaged until after the ship's articles have been
prepared, then, in the absence of other conditions of agreement, such
provisions shall apply in his case as have been adopted with the rest of
the crew in accordance with the contents of the ship's articles.
32. The obligation of the seaman to be on board ship with his belongings and to render service on board begins with the signing on, unless.
otherwise agreed. The time when the service shall begin shall be mentioned
to the seaman at the time of his engagement, and the place where the
vessel lies or the place where he is to report himself shall be mentioned
to him at his signing on.
If the seaman delays entry into his service longer than 24 hours, the
master or the owner shall be entitled to withdraw from the service.
agreement. The claims for any additional expenses for a substitute and
for any damages which may be caused by the delay are not affected
thereby.
33. Any seaman who, after having signed on, fails to begin or continue
his service without a sufficient reason may at the request of the master
be compelled by the Shipping Board, or, where such Board does not
exist, by the local police, to fulfil his duties.
The costs caused thereby shall be paid by the seaman.
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GERMANY
34. The seaman is obliged in the interest of the ship's service
unreservedly to obey the orders of the master, the ship's officers and any
other of his superiors and at all times to do all such work for the ship
and cargo as may be entrusted to him.
He is obliged to fulfil this duty on board ship and in its boats as well
as in the lighters and on shore, in ordinary circumstances as well as in
distress.
Until he is discharged he shall not leave the ship without the permission
of the master or a ship's officer; but in a port within the territory of the
"Reich" and when he is free of duty, permission shall not be refused
without good reason. If such permission has been given to him, he is
bound to return at the time fixed.
41. In the case of danger at sea, especially in the case of threatened
shipwreck, as well as in the case of violence or attack against ship or
cargo the seaman has unreservedly to render all assistance commanded
for the safeguarding of the vessel and cargo and shall not leave the ship
without consent of the master as long as the master himself remains
on board.
He remains bound in the case of shipwreck to endeavour to the best
of his ability to save the persons on board and their belongings as well
as to safeguard the parts of the ship, the equipment and the cargo in
accordance with the orders of the master, and in the case of salvage to
give assistance. In return he shall continue to receive his wages and
maintenance.
42. The seaman is bound, if desired, even if the service agreement
has come to an end on account of the loss of the ship (section 69), to
assist in making the ship's declaration and confirm his evidence on oath.
He has to fulfil this duty in return for the payment of any expenses
arising out of the delay, as well as travelling and maintenance expenses.
In case of dispute these expenses shall be fixed by the authorities before
whom the declaration is made, or abroad by the consul. If desired by
the seaman a suitable advance shall be paid to him on the costs of delay
and the travelling and maintenance expenses.
43. If it appears after the voyage has begun that the seaman is
incompetent for the service for which he has signed on, the master shall
be entitled to lower his rank and to reduce his wages accordingly. This
right does not apply in the case of ship's officers.
If the master makes use of this right he shall as soon as possible enter
in the ship's log the arrangements which he has made and the facts which
were the cause of his arrangements, read this entry to the seaman and
enter in the log the fact that this has been done and the time. The reduction of the wages does not begin to come into force before such declaration
and such entry.
If he desires it a copy of the entry signed by the master shall be handed
to the seaman.
The seaman shall be entitled to appeal against the arrangements
made to the Shipping Board which can first be reached, for its decision.
Entries regarding the matter shall only be made in the discharge-book
after the Shipping Board has given its decision, or should no appeal be
made, at the discharge of the seaman and then only by the Shipping Board.
SEAMEN'S ACT,
1902
97
44. The wages shall be paid from the day of the signing on, if this
precedes the commencement of the service, otherwise from the day when
the seaman begins his service.
As duration of service shall also be considered the time of the voyage
necessary to reach the place where the seaman has to report himself
{section 32).
45. The seaman can only claim his wages, unless otherwise agreed,
after the termination of the voyage or the service relation.
The seaman may, however, in a port where the ship is altogether or
for the greater part unloaded, claim payment of half the wages which
he has earned until then (section 80), if three months have already
elapsed since the signing on. Similarly the seaman shall be entitled, after
the termination of each three further months after the first payment,
to claim again payment of half the wages which he has earned since the
last payment.
If the seaman has signed on for a period of time (section 28), then he
as entitled on his return to the port of departure to claim the wages which
he has earned so far.
46. The balance of wages owing to the seaman at the termination
of his service relation shall be paid to him personally and, unless in a
foreign country the laws whereof indicate another authority, before the
Shipping Board before whom he is discharged or through their intermediary and shall be certified by the Board in the report of discharge.
Should the seaman be prevented from receiving his wages personally,
the payment shall be allowed, with his consent, to be made to a member
of his family. Payment shall never be made in an inn or a public-house.
The co-operation of the Shipping Board may be dispensed with if it
•cannot be obtained without delaying the voyage.
The Shipping Board is obliged at the discharge to receive the wages
to be paid to the seaman, if so requested by him, either altogether or in
part and according to the indication of the seaman to forward it gratuitously to his relatives who live elsewhere or to a savings bank or any other
similar institution. The expenses in cash which are required for such
forwarding shall, if the seaman is a German, be paid by the shipowner.
47. In how far payments in advance on account of the wages or
bounties shall be paid before the commencement of the voyage, shall
l»e decided, in the absence of a special agreement, by the custom of the
port where the seaman signs on.
48. All payments to seamen shall be made according to their choice,
•either in cash or through a bill made payable by the shipowner, except
payments in advance, in the case of which the method shall be according
to the choice of the master. The payment of the bills may in the case of
payments in advance be made subject to the condition that the seaman
shall be on board when the ship sails. Otherwise the bill shall be without
any condition and payable at sight.
49. Before the voyage begins an account book shall be opened in
which shall be entered the wages earned and the overtime pay earned,
to be calculated in regular periods, as well as all payments in advance
and on account of the wages, and any bounties which may have been
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GERMANY
paid, and in case of payments in foreign currencies also the rate of exchange used in the calculation. The seaman shall sign in the account book
for every payment received by him. The number of hours of overtime
which have been worked as well as the overtime wages which have thereby
been earned shall be entered in the account book each week and at the
latest on the day after each departure from a port ; this entry shall thea
be submitted to the seaman to be signed by him. Should he refuse his
signature, then this fact and the reason given by him shall also be entered
in the account book.
Further each seaman who desires it shall receive a special wages book
in which there shall also be entered the wages earned, the overtime
wages earned as well as all payments in advance made on the wages of
the owner of the book, and in the case of payments in foreign currency
also the rate of exchange used in the calculation. Before his discharge
the seaman shall have his total balance of pay entered in this wages book.
50. If the number of the crew on deck or in the engine room be reduced
in the course of the voyage, and if there is no reason to suppose that.
labour requirements will be reduced for the remainder of the voyage,.
then the master shall fill the vacancies among the crew so far as circumstances render this possible. As long as the vacancies remain unfilled, the
wages thus saved during the voyage shall be divided among those members.
of the crew of the same branch of service whose work has been increased
in consequence, in proportion to the amount of work and the wages.
The crew shall, however, have no claim to such division if the reduction
of the number of the crew has been caused by desertion and the belongingsof the deserting seaman have not remained on board.
51. If a seaman is missing when the voyage begins, the master shall
as soon as possible inform that Shipping Board in whose jurisdiction this.
has been ascertained, so that enquiries may be made, and shall hand over
the discharge book of the missing man.
52. In all cases where a ship remains at sea for more than two years,.
any seaman who is employed on board ship for over two years shall
received an increase in wages, if these have been agreed on time service.
This increase shall be determined as follows:
(1) The ship's boy shall at the commencement of the third year receive the wages which are provided in the ship's articles or result
from them as the average wages for ordinary seamen and at the
commencement of the fourth year the wages which are fixed in theship's articles for able seamen;
(2) The ordinary seamen shall at the commencement of the second
year receive the wages fixed for able seamen, and at the commencement of the fourth year these wages shall be increased by onefifth.
(3) For the rest of the crew the wages fixed in the ship's articles shall
at the commencement of the third year be increased by one-fifth
and at the beginning of the fourth year by another fifth of their
original amount.
In the cases mentioned under Nos. (1) and (2) the seaman shall at the
same time as he receives higher wages receive the corresponding rank.
SEAMEN'S ACT,
1902
99
53. The claims based on the employment and service agreements of
the master and persons belonging to the crew of a ship which according
to sections 862 and 863 of the Commercial Code is to be considered as
lost, shall be payable after the period has elapsed after which a ship is
considered as lost. The service relation shall be considered as having
come to an end one half-month after the last day referred to by the last
news of the ship which has been received.
The sum due shall be handed to the Shipping Board of the port of
engagement and in the absence thereof to the Shipping Board of the
port of registry. The Shipping Board shall arrange the payment to those
who are entitled to receive it.
54. Provisions shall be furnished to the seaman at the expense of
the ship from the time when he enters the service until his discharge,
but if this cannot be accomplished without delaying the voyage, until
the end of the service relation. He shall only be allowed to use the food
and drink supplied to him for his own consumption and not sell any of
it, waste it or otherwise dispose of it. Instead of provisions, adequate
compensation in money may be granted to himfif specially agreed.
55. The crew are entitled from the time when they enter their service
until their discharge, or if such cannot be accomplished without delaying
the voyage, until the end of the service relation, to quarters on board
ship corresponding to their number and the size of the ship. The quarters
shall be placed at the sole disposal of the crew and their belongings
and shall be kept in proper condition and sufficiently ventilated.
If on account of an accident or for some other reason quarters cannot
for the time being be provided for the seaman on board ship, then other
proper lodgings shall be provided for him.
56. The minimum daily rations of food and drink to be supplied to
the seaman shall be determined, unless otherwise agreed, by the local
law of the port of engagement, and in the absence thereof by the local
law of the port of registry of the ship. Further provisions may be issued
by the State Governments (Landesregierungen) by way of ordinances,
or, if there is no port of engagement or port of registry in Germany,
by the Chancellor of the "Reich".
The "Bundesrat" shall decide regarding the size and furnishing of the
crew's quarters (section 55), the supply of washing and bathing accommodation and w.c.'s on board ship and the minimum quantity of
medicines to be taken on board ship. The decision of the "Bundesrat"
shall be submitted to the "Reichstag" at its next meeting for information.
57. Tlie master is entitled, if the voyage lasts extraordinarily long
or on account of accidents which have happened, to order a reduction
of rations or an alteration with regard to the choice of the food and
drinks.
He shall enter in the ship's log when, for what reasons and in what way
a reduction or alteration has taken place.
The seaman is entitled to adequate compensation for the deprivations suffered. Subject to any legal remedy, the Shipping Board, before
whom the discharge takes place, shall decide on such claims.
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GERMANY
58. If a ship's officer or not less than three seamen make a complaint
to a Shipping Board to the effect that the ship for which they signed on
is not seaworthy or that the supply of food and drink which the ship
carries for the crew is insufficient or of bad quality, the Shipping Board
shall have an examination of the ship or the provisions made with the
utmost despatch, obtaining the evidence of such experts as are available and hearing those persons making the protest who are present in
the place, and shall enter the result in the ship's log. If the protests
prove to be well founded, the Shipping Board shall also see that proper
remedial measures are adopted.
Should the master fail to comply with the remedial measures which
have been ordered, then every ship's officer and every seaman may claim
his dismissal with the consequences (section 76) provided for the case
mentioned in section 74, No. (1).
59. If the seaman, after having entered his service or after signing
on, falls ill or suffers an accident, then the shipowner shall bear the costs
of nursing and curative treatment. This obligation lasts, without
prejudice to the piovisions of para. 2 below:
(1 ) if the seaman does not begin the voyage on account of the illness
or the accident, until the end of 26 weeks from the time of the
illness or the accident;
(2) if he has begun the voyage, until the end of 26 weeks after he
has left the ship.
If a seaman is injured by an occupational accident, the periods mentioned in No. (1) shall be reduced to 13 weeks, but in the case provided
for in No. (2) such reduction shall only take place if the seaman leaves
the ship in a German port, or if he is transported from a non-German
port into the hospital of a German port. The obligation of the shipowner towards the injured man shall cease when and in so far as the
accident association (Berufsgenossenschaft) takes charge of him.
The shipowner is entitled to provide the seaman with nursing and
curative treatment in a hospital.
A seaman who on account of illness or injury has remained behind
outside the territory of the "Reich", may, with his own consent and that
of the doctor in charge of the case or the Shipping Board, be transported
to a hospital in a German port. If the seaman is incapable of giving
his consent or refuses it without justifiable grounds, his consent may,
after the hearing of a doctor, be replaced by that of the Shipping Board
within whose jurisdiction the seaman is at the time.
Any seaman who without justifiable grounds refuses to submit to
curative treatment and thereby, in.the opinion of the doctor, prevents
or materially impedes his cure, loses his claim for gratuitous nursing
and medical treatment. The Shipping Board decides provisionally on
the justification for his refusal as well as on the beginning and the
duration of the loss of his claim.
If the seaman does not return with the ship to the port of departure
he is entitled (section 14) to free transport (sections 78, 79) to such port
or at the choice of the master to a suitable compensation which in the
case of dispute shall provisionally be fixed by the Shipping Board.
SEAMEN'S ACT,
1902
101
60. If the port of departure is outside the territory of the "Reich"
then the seaman who has been engaged in a German port is entitled in
the cases provided in section 59, para. 6, section 66, para. 3, and sections
69, 71, 72, 79 to claim to be returned to the port at which he was engaged.
Moreover, it may be agreed that with regard to the claim for such return
to which the seaman is entitled in the above-mentioned cases another
port shall be substituted for the port of departure, especially the port
where the seaman was engaged or signed on.
If the shipowner or his representative fails to satisfy the claims
of the seaman to a free return passage within a time fixed by the Shipping
Board, or if the shipowner or his representative is, through absence, not
in a position to make the necessary arrangements, then the Shipping
Board may, in so far as the shipowner does not incur higher costs thereby,
order at the request of the seaman that instead of the port for the return
voyage which has been provided by law or by agreement another port
indicated by the Shipping Board shall be substituted.
61. The wages shall be paid to a seaman who has fallen ill or has met
with an accident:
(1) if he does not begin the voyage, until the service comes to an end;
(2) if he has begun the voyage, until the day when he leaves the ship.
The seaman does not earn wages during the time when he is in hospital.
If, however, he has persons dependent upon him whose maintenance he
has so far altogether or mainly defrayed from the wages earned by him
as a seaman, then one-quarter of the wages shall be paid to him. In
the case of seamen engaged in the service and attendance of the persons
on board, the agreed monthly wage may be replaced, if this is more
favourable to the seaman, by the average monthly earnings as fixed by
the Chancellor of the "Reich" in accordance with section 10 of the
Seamen's Accident Insurance Act, not including the value of the food
supplied. The payment may be made directly to the persons dependent.
If the seaman has been injured in the defence of the ship, then he is
entitled to a suitable reward which in case of dispute shall be provisionally fixed by the Shipping Board.
62. In case a seaman has caused his illness or his injury through
a punishable act or has left the service without a reason which entitles
him to do so in accordance with section 74, then the provisions of sections
59-61 shall not apply to him.
The Shipping Board shall decide provisionally whether the conditions
of the preceding paragraph prevail.
63. If the seaman has to be left on shore on account of illness or
injury, then, unless the seaman decides otherwise, the master shall hand
over the belongings and the balance of wages of the seaman to the
Shipping Board of the place where the seaman is left on shore for their
safe keeping. With the consent of the Shipping Board they may be
handed over to another proper authority, especially to the management
of the hospital to which the seaman has been taken. The same is the
case if there is no Shipping Board at the place where the seaman is left
behind. In this case the master has to inform the Shipping Board in
whose jurisdiction the seaman has been left behind.
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GERMANY
The master shall, when he delivers the goods, add a list thereof and
a statement of the balance in wages, which shall be signed by him and
a ship's officer, or in the absence of an officer by a seaman. A second
copy of the list, mentioning the place where the property is deposited,
shall be handed to the seaman.
In case of illness or of accident to the master, his representative shall •
proceed with the goods of the master as laid down in paras. 1 and 2.
64. If the seaman dies after having entered upon his service, the
shipowner shall pay the wages which he has earned until the day of his
death (section 80). If the death occurs within the time that the shipowner is responsible for the care of the seaman (section 59), he shall also
pay the funeral expenses.
If it is to be assumed that the ship will reach a port within 24 hours,
then, unless considerations of health are opposed to it, the corpse shall
be taken with the ship and arrangements made to have it buried on land.
The manner of burial at sea shall be in accordance with custom at sea.
If the seaman is killed in the defence of the ship the shipowner shall
pay a suitable reward, which if necessary shall be fixed by the Court.
65. The death of the master or' a seaman which occurs during the
voyage shall be registered in accordance with sections 61 to 64 of the Act
of 6 February 1875 regarding the registration of persons and of marriage
(Official Gazette, p. 23) on pain of the punishment provided by section
68 of the said Act.
In so far as the property of a deceased seaman is on board ship, the
master shall make an inventory of it and be responsible for its safe
keeping. In case of necessity he shall also have the property sold by
auction. The inventory shall be made in the presence of two of the
ship's officers or other trustworthy persons.
The property of the deceased seaman, or any proceeds realised by
the sale, as well as the balance of the wages, if any, shall together with
the above-mentioned inventory and the death certificate be forwarded
to the Shipping Board which can first be reached, or with the consent
of that Board to the Shipping Board of the port of departure or the
port of engagement.
The property of a master who has died during the voyage shall be
dealt with by his substitute in accordance with the provisions of paras. 2
and 3 above.
66.
A seaman who is engaged for a voyage is obliged to remain in the
service during the whole of the voyage, inclusive of intermediate voyages,
if any, until the end of the return voyage, unless otherwise provided in
the service agreement.
By return voyage in the sense of the above paragraph is understood
the voyage to the port whence the ship began its voyage. If however
the ship sails from a non-European port (section 82) and its voyage
outward began from a German port, then any voyage to a port in Great
Britain, the Channel, the North Sea, the Kattegat, the Sound or the
Baltic shall be considered to constitute a return voyage, if such voyage in
fact comes to an end at such port and this has been mentioned to the
crew by the master at the latest immediately after the arrival.
SEAMEN'S ACT,
1902
103
If the return voyage does not end in the port of departure, the seaman
shall be entitled to claim free return passage (sections 78 and 79) to
that port, or at the choice of the master an adequate compensation
"which in case of dispute shall be provisionally fixed by the Shipping
Board; moreover he shall be entitled in addition to the wages earned to
wages for the time of his return passage (section 73).
67. A seaman who is engaged for a fixed period of time is obliged,
unless otherwise agreed, to remain in his service until the end of such
period.
If the period of service should come to an end during a voyage the
seaman can, in the absence of agreement to the contrary, only demand
his discharge in the next port at which the ship touches for loading or
unloading. Should it be impossible for the master, according to the
information of the Shipping Board, or in the absence of such Board in the
opinion of the local authorities, to engage a substitute in the port, then
the seaman is obliged to continue his service until a port is reached
"where it is possible to obtain a substitute. In such circumstances his
wages shall be increased by one-quarter. Such continued service shall
not however exceed three months. If the seaman has been engaged in
a German port, then his service shall at his request be continued on the
existing conditions until the return to a German port, but in no case for
a period exceeding three months.
68. The seaman cannot after the completion of the voyage insist on
his discharge until the cargo has been unloaded, the ship cleaned and
made fast in the port or elsewhere, and also any necessary declaration
made.
69. The service agreement comes to an end if the ship is lost through
an accident, especially:
(1) if it is wrecked;
(2) if it is condemned as beyond repair or not worth repairing (section
479 of the Commercial Code) and in the latter case is publicly
sold without delay;
(3) if it is stolen (by pirates) ;
(4) if it is captured or seized and declared a lawful prize.
The seaman is in such cases entitled to a free return passage (sections 78
and 79) to the port of departure or, at the choice of the master, to a suitable compensation to be fixed provisionally by the Shipping Board in
case of dispute ; moreover he is entitled, in addition to the wages earned,
to receive half the amount of his wages for the time of his return passage
(section 73).
70. The master shall be entitled to discharge the seaman before the
end of his service:
(1) as long as the voyage has not yet begun, if the seaman is incapable
for the service for which he has signed on;
(2) if the seaman commits a gross breach of discipline, especially
repeated disobedience, continued insubordination, continued
drunkenness in the service or is guilty of smuggling;
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GERMANY
(3) if the seaman is guilty of theft, fraud, breach of trust, embezzlement or receiving stolen goods, forgery of records, or of an act
which is punishable by death or imprisonment with hard labour;
(4) if the seaman through a punishable act contracts a disease or
injury which incapacitates him for work;
(5) if the seaman has a venereal disease which may expose the other
persons on board ship to infection. Whether this is the case,
shall, if a doctor is accessible, be decided according to his opinion;
(6) if the voyage for which the seaman is engaged cannot be commenced or continued on account of war, an embargo or blockade,
a prohibition of export or import or on account of some other
accident affecting ship or cargo.
The master shall as soon as possible inform the seaman of his discharge
and the reason thereof, and in the cases mentioned above under Nos. (2)
to (5) make an entry thereof in the ship's log at the latest before the seaman leaves the ship. The seaman shall, at his request, receive a copy
of such entry signed by the master.
71. The seaman shall not in the cases mentioned in section 70 Nos. (1)
to (4) receive more than such wages as he has earned (section 80).
In the case mentioned under No. (5) the claims of the seaman shall be
decided in accordance with the provisions of sections 59 to 61. This
applies to citizens of a foreign State only in so far as according to a notice
published in the Official Gazette Germans who are engaged on a ship
belonging to such foreign State receive similar treatment under the
legislation of that State or under a treaty made with the State.
In the. cases mentioned under No. (6) the seaman is entitled, if the
discharge takes place after the commencement of the voyage, to the
compensation provided in para. 2 of section 69.
72. A seaman who is engaged for a voyage and who is discharged
on other grounds than those mentioned in section 70 before his service
agreement has come to an end, shall receive as compensation one month's
wages after deduction of any bounty or advance money which he may
have received.
If the discharge only takes place after the voyage has begun, he is
also entitled to a free return passage (sections 78 and 79) to the port
of departure or, at the choice of the master, to a suitable compensation
which in the case of dispute shall be provisionally fixed by the Shipping
Board. He shall also receive in addition to the wages provided in
para. 1 hereof and the wages which he has earned (section 80) the
wages for the approximate duration of his voyage to the port to which
he is bound to be returned, the duration of the voyage to be calculated
in accordance with section 73.
73. If the port to which the seaman has to be returned is a German
port, then in cases where the seaman is discharged before the end of
his agreement, but after the voyage has begun (section 72, para. 2) the
duration of the voyage shall, if made on board a steamer, be calculated
as follows for the purpose of reckoning the wages due to the seaman
for the return voyage:
SEAMEN'S ACT, 1902
105
In case of discharge
At
In case of discharge
At
(a) in a port of the North
(c) in a port outside EuSea or the English
rope except those
Channel, the Baltic
mentioned under(<¿) l'/ 2 months
or the seas bordering
(d) in a port of the Paupon these . . .
'/j month
ciflc Ocean or Aus(¿>) in any other European
tralia
2 months
port (section 82). . 1 month
If the return voyage has to be made altogether or partly by sailing
vessel, then for such part as has to be made by sailing vessel the duration shall be calculated as double the time by steamer.
If, in the cases (a) and (6) of para. 1, the return is made exclusively
by railway, then the duration of the voyage is not taken into consideration at all.
If the seaman has to be returned to a port outside Germany, the
duration of the return voyage shall be fixed on the basis laid down
above, due account being taken of the cases provided for under (a)
to (d). In case of dispute the duration shall be provisionally fixed
by the Shipping Board.
74. The seaman is entitled to claim his discharge:
(1) if the master is guilty of gross neglect of his duties towards the
seaman, especially by ill-treating him or allowing him to be
ill-treated by other members of the crew, by unreasonably
depriving him of food and drink, or by supplying him with
provisions which have gone bad;
(2) if the ship changes its flag;
(3) if after the voyage outward has come to an end, it is decided
to make an intermediate voyage, or when an intermediate
voyage has come to an end, provided that since the commencement of service one or one and a half years have elapsed, according as the ship is in a European (section 82) or a non-European
port;
(4) if the ship is destined for a port or has to touch a port which
already at the time of the signing on was infected by plague,
cholera or yellow fever, unless the port and the fact of infection
were mentioned to the seaman at the time of signing on. A port
is considered to be infected in the sense of this provision if a
focus of plague, cholera or yellow fever exists there. The claim
for discharge ceases as soon as the infection has ceased;
(5) if the seaman intends to prepare himself for an examination
for engineer, mate or master, or to accept a post which it is
proved is offered to him as master, on condition that he supplies
a suitable substitute and that the ship is not delayed by this
exchange. Whether the proposed substitute is suitable shall in
case of dispute be decided by the nearest Shipping Board.
A change of owner or master does not entitle the seaman to claim
his discharge.
75. In the case of section 74, No. (3), the discharge cannot be
claimed :
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GERMANY
(1) if the seaman has engaged himself for a longer time than the
time mentioned therein. Signing on for an indefinite period or
with the general condition that after the end of the outward
voyage service will be continued for all voyages which may still
be decided upon, will not be considered as an engagement for
such time;
(2) as soon as the return voyage has been decided upon.
76. The seaman has in the cases of section 74, Nos. (1) and (2), the
same claims as are provided for in the case of section 72.
In the cases of section 74, Nos. (3)-(5), the seaman is only entitled to
the wages which he has earned. Nevertheless, he has in the case of
No. (4) the claims mentioned in section 72, provided that at the time
of signing on in the home port the shipowners, his representative (section 12, para. 2) or the master, or in the case of signing on in another
port the master, had knowledge of the infection.
77. Abroad the seaman who claims his discharge shall, except in
the case of a change of flags, only be able to leave his service against
the will of the master after having obtained a provisional decision of
the Shipping Board (section 129) in his favour.
78. If according to the provisions of this Act a claim can be made
for a free return passage, such claim shall also comprise maintenance
during the voyage as well as the conveyance of the belongings of the
seaman. The ship's officers shall be entitled to return passage with
both cabin and maintenance.
In case of dispute the discharging Shipping Board shall provisionally
decide regarding the kind of return passage.
79. If a free return passage is claimed and continuation of wages
for the duration thereof it shall be sufficient if with the sanction of the
Shipping Board a seaman who is capable of working is provided with a
position similar to his former position and suitably remunerated service
on a German merchant vessel which is going to the port to which he is
entitled to be returned or some port which is situated near it. In the
latter case the seaman shall be entitled to adequate compensation for
the remainder of his free return passage (section 78) to the port mentioned
previously.
If the seaman is not a German, a ship of his nationality shall be considered the same as a German ship.
80. In the cases laid down in sections 45, 53, 61, 64, 69, 71, 72
and 76 the wages earned, in so far as it has not been agreed that they
shall be payable by stated periods, but in a lump sum for the whole
voyage, shall be fixed, having regard to the full amount of wages, in
proportion to the services rendered as well as the part of the voyage
which had been completed. For the fixing of the wages mentioned in
sections 72 and 73 for single months the average duration of the voyage
inclusive of the time of loading and unloading, in accordance with the
capacity of the ship shall be taken into consideration and the wages
shall be fixed accordingly for the single months. In calculating the
wages for single days the month shall be reckoned at thirty days.
SEAMEN'S ACT,
1902
107
81. Any share of the freight or of the profit which may be allowed
to the seaman shall not be considered as wages in the sense of this
Act,
82. In the cases of sections 66, 73 and 74 the non-European ports
of the Mediterranean and of the Black Sea shall be placed on an equal
basis with the European ports.
83. The master shall not, without the consent of the Shipping Board,
leave a seaman behind outside the territory of the " Reich ". If it is
to be presumed that the seaman, if left behind, would be in a necessitous
condition, the grant of consent may be made subject to the condition
that the master gives security against the seaman's condition being
necessitous for a period of not more than three months.
If the seaman consents to be left behind, and if there is no Shipping
Board in the place, and if it is impossible to obtain the consent of another
Shipping Board without delaying the voyage, the master is entitled
to leave the seaman behind without such consent. The shipowner
\ shall in this case remain liable for the costs which may arise during
i the three months following if the seaman's condition should become
¡ necessitous.
The provisions of section 127 are not hereby affected.
CHAPTER IV. — DISCIPLINARY PROVISIONS
84. The seaman is subject to the disciplinary power of the master.
The exercise of the disciplinary power of the master can only be transferred to the first officer and the first engineer within the compass of
their duties. They must in any event inform the master within twentyfour hours of any case in which they have exercised disciplinary power.
85. The seamen is obliged always to remain sober and to behave
towards everybody in a proper and a willing manner.
He shall show respect to the master and his other superiors and
unreservedly obey their orders relating to the service.
86. The seaman, if so requested, shall inform the master truthfully
and circumstantially what he knows of matters relating to the service
of the ship.
87. The seaman shall not, without the consent of the master, bring
any goods on board or allow them to be brought on board. For any
goods of his own or belonging to another person which have been brought
on board in contravention of this prohibition he shall pay the highest
freight which is charged for such goods and such transport at the place
of unloading and at the time of their being unloaded, without prejudice to his obligation to pay compensation for any further damage
which can be proved to have been suffered.
The master is also entitled to throw such goods overboard if their
remaining on board might cause danger to the vessel or cargo or the
health of the persons on board ship or might give rise to the interference
of some public authority.
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GERMANY
88. The provisions of section 87 shall also apply if the seaman,
without the consent of the master brings on or allows to be brought
on board arms or ammunition, brandy or other spirits or more tobacco
and tobacco goods than he requires for his own use on the intended
voyage.
Goods which have been shipped in contravention of this prohibition
are forfeited to the ship.
89. The master shall as soon as possible enter in his log any measureswhich he has taken in pursuance of sections 87 and 88.
90. If the vessel is in harbour or in a roadstead, the master shall be
entitled, if circumstances justify the belief that desertions are probable,
to take the property of the seamen into custody until the departure
of the vessel.
91. The master is entitled to take such measures as are required
for the maintenance of order and to secure the regularity of the service.
Fines, reduction of rations for more than three days, imprisonment
and corporal punishment cannot, however, be imposed as punishments
for this purpose, or be used as means of compulsion.
In case of mutiny or continued disobedience the master shall be
entitled to use any means which may be necessary to secure the carrying
out of his orders. For this purpose he is also allowed to use physical
force to such an extent as the circumstances warrant. He may further
take proper measures of safety against the offenders and in case of necessity put them in irons during the voyage.
Every seaman shall, if requested, assist the master to maintain order
as well as to avert or suppress a mutiny.
Abroad the master may in case of urgency apply to the commanders
of any available ships of the navy of the "Reich" for assistance in
maintaining discipline.
92. The master shall as soon as possible enter in his log any measures
taken by him in accordance with the provisions of section 91, stating
his reasons for such measures.
CHAPTER V. — PENAL PROVISIONS
93. A seaman who hides himself after having signed a service agreement, in order to absent himself from the service, shall be punishable
by a fine not exceeding sixty marks.
If a seaman deserts or hides himself in order to escape the continuation of his service, he shall be punishable by a fine not exceeding 300
marks or by imprisonment not exceeding 3 months.
A seaman who deserts or hides himself after receiving his wages in
order to escape the continuation of the service which he has undertaken, shall be punishable by imprisonment not exceeding one year as
laid down in section 298 of the Criminal Code. Should there be extenuating circumstances, he may be punished by a fine of not more than
three hundred marks.
SEAMEN'S ACT,
1902
109
In the cases provided in paras. 1 and 2 prosecution shall only take
place at the instance of the master. Proceedings may subsequently
be withdrawn.
94. In the cases provided for in section 93, paras. 2 and 3, the seaman shall lose his right to the wages earned up to date, if he neither
returns voluntarily for the continuation of his service before the ship
sails, nor is brought back by force. The wages, and in so far as these
do not suffice, also the goods which the seaman has left behind on board
the ship may be seized by the shipowner in order to cover his claim
for damages for the breach of the hire or service agreement; in so far
as the wages are not required for this purpose, they shall be disposed
of as laid down by section 132. As soon as possible an account of the
amount of the claims for damages and of the balance of wages shall
be forwarded to the Shipping Board which has to be informed of the
desertion (section 25). If this is not done, the above-mentioned right
lapses.
95. If the seaman has deserted the service whilst abroad in any of
the cases mentioned in section 74, paras. 1, 3, 4 and 5, in contravention
of the provisions of section 77, he shall be punishable by a fine not exceeding a month's wages.
96. A seaman who is guilty of a serious breach of his duties shall
be punishable by a fine of not more than one month's pay.
The following shall in particular be regarded as breaches of duty
which, if of a serious character, shall be punished as laid down in para. 1 :
(1) Negligence while on watch;
(2) Disobedience to any command of a superior;
(3) Improper conduct towards superiors, towards other members of
the crew or towards passengers;
(4) Quitting the ship without leave or remaining absent beyond the
time allowed;
(5) Taking away from on board the seaman's own goods or those
belonging to others and bringing on board or having brought on
board goods or other things without leave;
(6) Admitting strangers on board on the seaman's own responsibility and allowing boats to lie alongside the ship;
(7) Drunkenness whilst on duty;
(8) Wasting, illegally selling or disposing of provisions.
In the case of officers the punishment can be increased to an amount
not exceeding two months' wages.
Prosecution shall only take place at the instance of the master or a
seaman against whom the breach has been committed. Application for
proceedings may be made up to the time of the seaman's discharge.
Proceedings may be withdrawn before final sentence is pronounced.
97. If in the contract the wages have not been fixed by the month,
then in fixing the fine in the cases mentioned in sections 95 and 96, a
sum shall be calculated which in the opinion of the Shipping Board is
equivalent to a month's pay.
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GERMANY
98. The master shall as soon as possible enter each serious breach
of duty (section 96) in the ship's log, cleaily setting out the facts of
the case, and he shall inform the seaman of the purport of the entry,
specially pointing out to him the punishment provided in section 96,
and shall also at his request hand him a copy of the entry.
If this information is not given, then the reasons for such omission
shall be set out in the ship's log. If the entry is not made, there shall
be no prosecution unless, in the case provided for by section 96, para. 2,
No. (3), the seaman who has suffered damage makes application for it.
99. If a seaman complains of improper conduct on the part of hissuperior or other members of the crew or of the fact that the ship whose
articles he has signed is not seaworthy or that the provisions which the
ship carries for the use of the crew are not sufficient or have gone bad,
then the master shall enter the complaints in the ship's log, clearly
setting out the facts of the case, and shall hand the complainant, at his
request, a copy ol the entry.
100. A seaman who refuses lawfully to obey the repeated command
of the master, of a ship's officer or any other superior shall be punishable
by imprisonment of not more than three months or a fine of not more
than three hundred marks.
101. If two or more members of the crew by conspiracy jointly
refuse to obey lawful commands of the master, a ship's officer or any
other superior, each of them shall be punishable by imprisonment for
not more than one year. The ring-leader shall be punishable by imprisonment for not more than three years.
If there are extenuating circumstances, then a fine of not more than
six hundred marks may be imposed. The ring-leader shall in that case
be punishable by imprisonment for not more than one year.
102. A seaman who incites two or more members of the crew to
commit an act which is punishable according to the provisions of sections 101, 105, shall be punished in the same way as the leader, if the
incitement has resulted in the punishable act being committed or in
a punishable attempt to commit it being made.
If the incitement has had no result, then in the case of section 101
a fine of not more than 300 marks and in the case of section 105 of not
more than 600 marks or imprisonment not exceeding one year will be
imposed.
103. A seaman who, by means of violence or by threats of violence
or by refusing his services, compels the captain, a ship's officer or any
other superior to undertake or abandon any action connected with the
service, shall be punishable by imprisonment for not more than two
years. If there are extenuating circumstances, the punishment may be
reduced to a fine of not more than six hundred marks. Attempts shall
also be punishable.
104. The same punishments (section 103) shall be applied to any
seaman who resists the master, a ship's officer or any other superior
in the exercise of his duty by violence or threats of violence, or who
commits an assault on the master, a ship's officer or another superior.
SEAMEN'S ACT,
1902
111
105. If several seamen conspire to do any of the acts mentioned in
sections 103, 104, then the punishments may be increased to twice the
fixed maximum amount.
The ring-leader as well as those who commit assaults on the master,
a ship's officer or any other superior, shall be punishable by penal
servitude for not more than five years or imprisonment of similar duration; also police supervision may be ordered in addition to penal servitude. if there are extenuating circumstances, imprisonment for not less
than three months may be imposed.
106. A seaman who refuses to obey such orders of the master, a
ship's officer or any other superior as regards the defence against or the
suppression of the acts mentioned in sections 103-104, shall be punishable by imprisonment for not more than six. months or a fine of not
more than 300 marks.
107. A fine of not more than sixty marks or imprisonment for not
more than fourteen days shall be imposed upon a seaman who:
(1) in case of negotiations regarding the issue of a seaman's discharge
book, an entry therein or his signing on, falsifies or suppresses
true statements or makes false statements in order to deceive
a Shipping Board;
(2) neglects to report himself for service formalities in accordance
with section "12;
(3) in case he is prevented from joining the ship, neglects to inform
the Shipping Board in accordance with section 17;
(4) knowingly lays a complaint based on untrue statements before
the master in accordance with section 99;
(5) acts in opposition to the provisional decision of the Shipping
Board (section 129, para. 3).
The provisions of para. 1, No. (1), are without prejudice to the provisions of section 271 of the Penal Code.
108. Any person who knowingly submits to a Shipping Board a
complaint based on untrue statements regarding unseaworthiness of
the ship or defective provisions (section 58) and thereby causes an
investigation to be held, shall be punishable by imprisonment for not
more than three months or a fine of not more than 300 marks.
Any person who owing to carelessness submits to a Shipping Board
a complaint based on untrue statements regarding unseaworthiness of
the ship or defective provisions, and thereby causes an investigation
to be held, shall be punishable by a fine of not more than one hundred
marks.
109. A seaman who wilfully and unlawfully destroys or damages
parts of the ship's hull, of the engines, the tackle or equipment or lifesaving appliances, shall be punishable by a fine of not more than one
thousand marks or imprisonment not exceeding two years.
The attempt shall also be punishable.
The prosecution shall only be undertaken after complaint laid.
110. The imposition of punishment which is provided in this chapter
or by other penal laws shall not be prevented by the fact that th&
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GERMANY
culprit has already been subjected to disciplinary punishment on account
of the acts with which he is charged. Nevertheless disciplinary punishment shall be taken into consideration in fixing the penalty both in
the criminal report of the Shipping Board (section 123) and in the
sentence of the court of law.
111. Any master, ship's officer or other superior who abuses his
disciplinary power with regard to a seaman, shall be punishable by a
fine not exceeding one thousand marks or imprisonment not exceeding
one year.
112. Any master who wilfully neglects the proper victualling of
the ship before the voyage begins or during the voyage shall be punishable by imprisonment; and in addition thereto a fine of not more than
one thousand five hundred marks may be imposed, as well as civic
degradation.
If the neglect is due to carelessness, then, if in consequence the crew
cannot obtain the necessary food, a fine of five hundred marks or imprisonment not exceeding one year shall be imposed instead of the
above penalties.
113. A fine of not more than three hundred marks, detention or
imprisonment not exceeding three months shall be imposed upon a
master who:
(1) acts contrary to the duties imposed upon him by the regulations made by the "Bundesrat" in accordance with section 56,
para. 2;
(2) acts contrary to the duties imposed upon him by the regulations
made by the "Bundesrat" in accordance with section 4 regarding
the manning of the ship with ship's officers;
(3) without ground deprives a seaman of food and drink or unnecessarily hands out provisions which have gone bad;
(4) leaves a seaman behind abroad, except in the case provided for
in section 83, para. 2, without the consent of the Shipping Board.
114. A fine not exceeding one hundred and fifty marks or detention
shall be imposed upon any master who:
(1) neglects to provide for the publication of the names of the persons empowered to give orders by exhibiting them (paragraph 4
of section 3);
(2) neglects, when engaging the seaman, to hand him the prescribed
engagement certificate (section 27);
(3) does not satisfy the obligations which rest on him with regard
to the engagement of seamen or neglects to see that the ship's
articles with the signatures of those who signed them are on
board ship;
(4) in negotiations regarding the engagement of seamen or an entry
in a seaman's discharge book alters or suppresses true facts or
presents them falsely in order to deceive the Shipping Board;
(5) contrary to the provisions of section 34, para. 3, refuses the
seaman leave to quit the ship without proper ground ; the punishment can only be imposed if the seaman notifies the Shipping
Board within three days after the refusal of leave;
SEAMEN'S ACT,
1902
113
(6) acts contrary to the provisions of section 37, paras. 2, 4, and
section 38;
• •(7) acts contrary to the provisions of sections 46-48 regarding the
payment of wages and advances;
{8) neglects to see to the carrying into effect of the provisions of
section 49;
(9) disregards the provisions of section 50 regarding the crew (insufficiency of numbers);
;(10) neglects his duty of taking care of the seaman's discharge book
(section 17), the property and the balance of pay owing to a
seaman who has fallen ill or of the property left by a seaman
who has died (sections 63, 65);
•(11) acts contrary to the provisions of section 64, paras. 2, 3 (provisions in case of a seaman's death);
(12) omits to enter in the ship's log such matters as are provided
in sections 70, 89, 92, 99;
(13) does not fulfil the duties which are provided in sections 126, 127,
in the case of offences committed by seamen;
•(14) deprives the seaman without serious reasons of the opportunity
of obtaining the decision of the Shipping Board (sections 129,
130);
(15) fails to observe the instructions of the Shipping Board for the
execution of a penal order (section 125, para. 2) or acts contrary
to the provisional decision of a Shipping Board (section 129,
para. 3);
••(16) fails to take care that the copies and documents prescribed in
section 133 are available in the forecastle.
The provisions of para. 1, No. 4, are without prejudice to the provisions of section 271 of the Penal Code.
115. Any master or seaman who behaves improperly before the
Shipping Board shall be punishable by a fine not exceeding 10 marks
•or detention for one day.
116. Any ship's officer who neglects, in accordance with section 84,
to inform the master within 24 hours of his having exercised disciplinary
powers shall be punishable by a fine not exceeding one hundred and
fifty marks or with detention.
117. Any person who, as shipowner or as representative of a ship•owner, wilfully acts contrary to the orders issued by the "Bundesrat"
in accordance with section 56, para. 2, or prevents the master from
ensuring the sufficient victualling of the ship or the carrying of the
prescribed medicines, shall, in so far as in the last-mentioned case a
heavier punishment has not been imposed by other provisions, be
punishable by a fine not exceeding one thousand marks or imprisonment for not more than one year.
A similar punishment shall be imposed upon any person who, in the
•capacity mentioned in para. 1, wilfully acts contrary to the orders
given by the "Bundesrat" in accordance with section 4 regarding the
.appointment of masters and ship's officers.
114
GERMANY
118. Any person who, as shipowner or representative of a shipowner, issues orders contrary to the provisions of section 37, paras. 2, 4,
and section 38 regarding the observation of Sunday as a day of rest,.
shall be punishable by a fine not exceeding 300 marks or by detention.
119. Any person who, as shipowner or as representative of a shipowner omits to hand the prescribed engagement certificate (section 27)
to the seaman on his engagement shall be punishable by a fine not exceeding one hundred and fifty marks or by detention.
120. Shipowners within the meaning of sections 117 to 119 shall
include members of the board of directors of joint stock companies.
or other commercial companies represented by a board of directors,
registered companies and corporate bodies which act as shipowners.
121. Prosecution for acts which are punishable according to sections
93 to 119 shall also be carried through when the punishable acts have
been commi£ted outside the territory of the "Reich".
The prescription of the prosecution does not begin to run in this case
until the day on which the ship to which the offender belonged on the
day when the act was committed first reaches a Shipping Board.
Prosecution shall not be prevented by the fact that the offender is,
a foreigner.
122. In the cases provided for in section 93, paras. 1, 2, and sections95, 96, 107, 114 to 116, 118 and 119, the investigation and decision
shall be made by the Shipping Board, but in the case of section 93 r
para. 2, only if its seat is situated outside the German "Reich" and in
the cases of sections 118, 119, only if the seat is situated within the
country.
123. The Shipping Board shall be responsible for the examination
of the accused and shall establish the facts as quickly as possible. The
witnesses shall not be heard under oath. After the close of the investigation a report shall be drawn up including a statement of reasons. Thereport shall be published, and if the accused is absent, it shall be forwarded to him. If a punishment is imposed, the report shall fix the period
of imprisonment which shall take the place of the fine in case the offender
is unable to pay. The report shall have the same effect with regard to
the interruption of prescription as a judicial proceeding.
The proceedings before the Shipping Board shall be free of costs.
In the "Reich" the provisions of sections 170 and 173-176 of the Coda
of Civil Procedure regarding publicity shall apply as appropriate to
these proceedings.
In all other respects the proceedings before the Shipping Board shall
be regulated by an Ordinance of the "Bundesrat". This Ordinance
shall be communicated to the "Reichstag" for information at its next
following session.
124. The accused may appeal to the Courts against the decision of
the Shipping Board within 10 days of the date when it was published
or communicated to him. The application has to be made by entry in
the Register of the Shipping Board or in writing. The applicant shall
SEAMEN'S ACT,
1902
115
at his request receive an acknowledgment of the application from the
Shipping Board.
If the ship leaves the port before the end of the period, then the seaman is also entitled, within the period, to register his objection with
the master or to make it in writing. At his request the seaman shall
receive an acknowledgment of the objection raised by him. The master
shall as soon as possible enter the objection in the ship's log and forward
the appeal to the Shipping Board. The prescription ceases to run from
the time when the objection is made until the time when the application
is received by the Shipping Board.
If the Shipping Board has its seat in the "Reich", then that Court.
is locally competent for the further proceedings, in whose jurisdiction
the Shipping Board is situated. If its seat is abroad, that Court shall be
locally competent in whose jurisdiction the port of engagement of the
ship is situated, or, if there is no such port, then the one where the ship
is registered. If there is no German Court which is competent under
the above provisions, then the Court shall be nominated by the Supreme
Court of the "Reich" ("Reichsgericht").
125. The report of the Shipping Board shall be regarded as a provisional sentence in so far as it relates to the recovery of fines.
Sentences pronounced by Shipping Boards in the "Reich" shall be
carried out by the authorities appointed for the purpose by the laws
of the States of the "Reich". Sentences pronounced by Shipping Boards
abroad shall be carried out free of charge by the Board itself. In this
case the master shall follow the instructions of the Shipping Board for
the recovery of fines. The provisions of sections 811 and 850 of the
Code of Civil Procedure concerning the impossibility of distraint of
effects and claims shall apply as appropriate.
The executive authorities in the "Reich" referred to in para. 2 shall,
on request, carry out sentences issued by a Shipping Board having its
seat outside their sphere of competence. In the case of such action the
provisions of the Act concerning mutual assistance between the States
as regards recovery of taxes and fines, dated 9 June 1895 (ReichsGesetzblatt, p. 256) shall apply as appropriate.
126. If a seaman commits a crime or misdemeanour while the ship is
at sea or abroad, then the master shall in the presence of the ship's officers
and other trustworthy persons make a careful record of all such facts
as may influence the proof of the act and its punishment. In the case
of death or serious bodily harm in particular, the nature of the wounds
shall be carefully described and also it shall be noted how long the
injured person has still lived, whether any, and if so what medicines
have been used and what food the injured person has taken.
127. The master shall be entitled at any time to search the effects
of seamen who are suspected of complicity in a penal offence.
The master shall further be entitled to apprehend a seaman who is
guilty of one of the penal acts mentioned in section 70, No. (3), and in
section 93, paras. 2 and 3. In the case mentioned in section 70, No. (3),
he is obliged to do so, if there is reason to fear that the offender will
116
GERMANY
escape. In the cases mentioned in section 93, paras. 2 and 3, imprisonment shall not be resorted to if the ship is on the high seas.
The offender shall be handed over to the first Shipping Board where
this can be done, together with.the record of what has taken place. If
abroad the Shipping Board refuses on special grounds to take charge
of him, then the master shall hand the offender over to the next Shipping
Board where this can conveniently be done.
In urgent cases the master is entitled, if abroad a Shipping Board
cannot be reached in time, to hand over the offender to the foreign
authorities in order that through their intermediary he shall be handed
over to a competent German authority. This shall be reported to the
first Shipping Board where this can be done.
DENMARK
Generally speaking, the legislation concerning the engagement,
dismissal and conditions of work of seamen is the same in Denmark,
Finland, Norway and Sweden. This uniformity has been obtained
as the result of the joint framing of draft laws which were adopted by
Sweden in 1891, Denmark in 1892, and Norway in 1893.
The same uniformity is to be found in the legislative work recently
undertaken for the purposes of the revision of the aforesaid laws. The
three Scandinavian countries and Finland entrusted to an international
commission composed of experts of each country the preparation of a
joint seamen's code. The draft prepared by this commission was
adopted, subject to certain modifications concerning detail, by the
Parliaments concerned (Denmark, Seamen's Act of 1 May 1923;
Finland, Seamen's Act of 8 March 1924; Norway, Seamen's Act of
16 February 1923; and Sweden, Seamen's Act of 15 June 1922).
In view, however, of the modifications and differences in drafting
in each of these four countries, it has been impossible to follow the
procedure adopted for different groups in Latin America, that is, to
publish a single text, simply indicating certain differences. We have
therefore published the regulations separately. In the case of Denmark,
we also give a translation of the Act on the Engagement of Seamen of
1872, as this Act is still in force and is of particular importance.
It should be noted that the Draft Convention "fixing the minimum
age for admission of children to employment at sea" (Genoa, 1920) has
been ratified by Denmark (12 May 1924), Finland (10 October 1925),
and Sweden (27 September 1921) ; the Draft Convention "establishing facilities for finding employment for seamen", by Finland (7
October 1922), Norway (23 November 1921), and Sweden (27 September 1921) ; the Draft Convention "fixing the minimum age for the
admission of young persons to employment as trimmers or stokers"
(Geneva 1921), by Denmark (12 May 1924), Finland (10 October
1925), and Sweden (14 July 1925) ; the Draft Convention "concerning
the compulsory medical examination of children and young persons
employed at sea" (Geneva 1921), by Finland (10 October 1925) and
Sweden (14 July 1925).
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DENMARK
Seamen's Act1
[Dated 1 May 1923]
CHAPTER I. — CAPTAIN'S AGREEMENT
i. The shipowner shall provide for the drawing up of a written
agreement with the captain respecting the terms of his engagement.
2. If no agreement has been made to the contrary respecting the
duration of the employment, either party may give three months'
notice to terminate the agreement in a Danish port where the vessel
calls for loading or unloading. Nevertheless, in such case, if the captain
has been employed on the vessel for 1% years, he may also withdraw
from the agreement, after giving three months' notice, in a foreign
port of loading or unloading.
If the vessel is to be unloaded, the captain shall not withdraw from
the agreement until the unloading is finished.
3. The captain may be dismissed by the owner at any time.
If he is dismissed before the expiry of the period for which he was
engaged, otherwise than for one of the reasons mentioned in section 4
or section 5, he shall be entitled to compensation for the loss which
he suffers thereby.
In default of other information as to the amount of the loss, he shall
be entitled to three months' salary and also to a free passage with
maintenance to the agreed port of discharge, or to a Danish port if the
provisions of section 2 apply concerning a Danish port of discharge.
4. If the captain is discharged on account of an illness or injury
rendering him incapable of commanding the vessel, he shall be entitled
to his salary for three months after leaving his employment.
If the captain has incurred the illness or injury through his own
fault, or if he concealed it at the time of engagement, he shall not be
entitled to his salary beyond the period for which he has served.
5. If the captain is dismissed for incompetence, dishonesty, or
gross misconduct, or negligence in the performance of his duties, he
shall not be entitled to his salary beyond the period for which he has
served.
6. If the vessel is lost through an accident at sea, or if it is declared
incapable of being repaired after an accident at sea, the captain's
employment shall be terminated unless the agreement contains a
1
Extract from the Legislative Series of the International Labour Office.
See the complete translation of the law in L. S. 1923 — Den. 2.
SEAMEN'S ACT,
1923
119
stipulation to the contrary. Nevertheless, the captain shall be bound
to remain on duty and deal with matters affecting the vessel and the
•cargo in return for his pay and maintenance.
In the aforementioned cases the captain shall be entitled to a free
passage home, with pay during the journey, but not for more than three
months.
7. The provisions of sections 24 and 28-30 respecting the crew
shall apply as regards pay in case of death, medical attendance, repatriation in case of illness, and burial and the disposal of effects.
8. If the captain is assigned a share in the freights (primage) earned
by the vessel or in any other earnings on the voyage, or a share in the
owner's profits (commission), and his employment ceases before the
end of the voyage or of the financial year, he shall be entitled to a
proportionate part of the said remuneration.
If the captain is entitled to receive his pay beyond the period for
which he has served, in pursuance of sections 3. 4 or 6, the remuneration
mentioned in paragraph 1 for the period after he has left his employment shall be fixed at the amount by which twice the pay of the first
mate exceeds the fixed pay of the captain.
CHAPTER II. — CREW'S AGREEMENT
1. — Engagement.
9. The captain shall be entitled to engage mates and engineers and
the ordinary crew on behalf of the shipowner.
Before the captain engages the engine-room crew he shall consult
the chief engineer if possible.
The captain shall not engage any person whom he knows to have
been engaged for the same period by a third party.
10. Children under 14 years of age shall not be employed on board
ship.
Young persons under 18 years of age shall not be employed as stokers
or coal-trimmers.
11. Every seaman who is engaged shall be furnished with a seaman's
certificate (S0fartsbog) or a registration certificate (M0nstringsbevis).
The captain shall take charge of the seamen's or registration certificates
of the persons engaged for the duration of the voyage.
When a seaman is engaged, an account book (Afregningsbog) shall
be issued to him in which shall be reprinted the most important provisions relating to the crew. If the wages are fixed at a specified amount
for the voyage, an estimate of the duration of the voyage shall be
given in the account book, which shall remain in the charge of the seaman. The wages contract shall be inserted both in the account book
and in the muster roll (Skibsbemandingsliste), to be kept by the captain;
it shall be signed by both parties in the muster roll, and by the captain
in the account book. If it is based on a collective agreement, the captain
shall see that a copy of the said agreement is available on board for the
use of the crew.
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DENMARK
Detailed regulations concerning the nature and use of seamen's
certificates, registration certificates, account books, and muster rolls
shall be issued by the Ministry of Commerce, which shall see that the
said regulations can be obtained at a price fixed by the Ministry from
any Danish registration officer or consul, and in the Faroe Islands from
the Bailiff (Landfoged) and the district magistrates (Sysselmsendene).
The account books shall be paid for by the shipowners.
2. — Period of Validity of Agreement
12. If a seaman is engaged for a specified period or subject to the
giving of a specified term of notice, there being no specified place for
the termination of the agreement, and the period expires during the
voyage, the agreement shall remain in force until the vessel calls at a
port for loading or unloading.
13. If no agreement has been made to the contrary respecting the
duration of the employment, either party may give notice to terminate
the agreement at any port where the vessel calls for loading or unloading. Nevertheless, if the seaman is Danish and engaged in Denmark, notice shall not be given by either party to terminate the agreement elsewhere than in a Danish port for loading or unloading.
The period of notice shall be one month for à mate or engineer and
one week for the ordinary crew.
14. If a seaman has been engaged for a specified period or voyage
and remains in the same employment after the termination of the period
or voyage without making a new agreement, either party may give
the notice mentioned in section 13, paragraph 2, to terminate the employment at any port where the vessel calls for loading or unloading.
15. A seaman who has served on board a vessel for one and a half
years since last signing on may give the notice prescribed in section 13,
paragraph 2, to take his discharge at.ary port where the vessel calls
for loading or unloading, notwithstanding any provisions in the agreement respecting the duration of the employment or in section 13 respecting the termination of employment at a Danish port.
16. A seaman who is entitled to withdraw from his agreement
under the agreement itself or under the provisions of this chapter
shall be bound to continue to serve when the vessel reaches port, in
order to assist in work which must be carried out, but not for more
than two days (or, in the case of a sailing vessel, four days) after the
date of arrival.
If a declaration is to be filed, he shall be bound to remain on the
spot until it has been filed, in return for wages and maintenance.
17. If the laws or the authorities in any foreign port where a seaman
is due to leave his employment refuse him admission to the country
in question, or demand security which he cannot furnish for his admission, he shall be bound to continue to serve until the vessel arrives
at a port where he can be paid off.
SEAMEN'S ACT,
1923
121
3. — Wages
18. Wages shall be due on and from the day on which the seaman
begins his service on board, or, if he has to make a journey from the
place of engagement in order to reach the vessel, on and from the
day on which such journey begins.
Wages shall be due to and including the day on which the employment ceases, or, if the crew is paid off, to and including the paying-off
day, unless the seaman's right to wages has ceased earlier owing to
sickness or some other reason.
A seaman shall not be entitled to wages for any time during which
he absents himself from work without leave.
For the purpose of calculating wages for parts of a month, a month
shall be reckoned as 30 days.
19. A seaman shall not be entitled to demand payment of his wages
unless the vessel is lying in port, nor more often than once a week.
Wages shall be paid in cash, unless the seaman asks for a draft on
the owner. Payment may be demanded in local currency at the rate
of exchange paid by local bankers for the agreed currency.
If a Danish seaman wishes to send his wages to Denmark from a
foreign country, the consul shall be bound to assist him free of charge.
The State shall be responsible for such transmission of moneys. Detailed
regulations concerning the sending home of wages may be issued by
the Minister of Commerce after consultation with the Ministry of
Foreign Affairs.
20. A seaman may demand that two-thirds of his wages be paid
in the form of a monthly allotment to a specified person in Denmark
or deposited in a Danish financial institution. The amount of the
allotment shall not be reduced or suspended without the seaman's
consent before the termination of the employment, unless the remainder
of his wages is insufficient to cover debts to the shipowner or claims
on the seaman for the reasons specified in this or in any other Act,
including such claims of public authorities as the shipowner is bound
to meet by withholding pay.
21. The captain shall be entitled to retain one-third of the wages
which the seaman himself is entitled to draw, until he leaves his employment. Nevertheless, without the consent of the seaman the sum
retained shall not exceed one month's wages if the vessel is engaged
in European navigation; in the case of other navigation the sum retained may be increased to two months' wages unless the seaman has
exhausted his rights under section 20. If the unpaid wages exceed
the wages for one month, simple interest shall be paid to the seamen
on each full month's wages due, at the rate of one-half per cent, for
each full month during which the wages are due.
For the purposes of this provision European navigation shall be
deemed to include voyages to the non-European coasts of the Mediterranean, the Black Sea and the Sea of r\zof.
22. If the wages are fixed at a certain sum for the voyage, the
statement in the account book concerning the anticipated duration
122
DENMARK
of the voyage shall apply whenever the wages have to be calculated
for a specified period.
If the voyage proves longer than was estimated at the time of engagement, the seaman shall be entitled to a proportionate addition to his
wages in default of any agreement to the contrary. On the other hand,
the fact that the voyage is shortened shall have no influence on the
seaman's right to the full wages stipulated.
23. If the crew is reduced during the voyage, the wages saved
for the time while the vessel is at sea shall be divided between the
remaining members of the crew in proportion to the increased work
assigned to each, provided that they have not been remunerated for
the same by means of overtime pay. .
24. If a seaman dies, his wages shall be calculated to and including
the date of his death, provided that his right to wages has not ceased
earlier owing to sickness or some other reason.
If the seaman was Danish and had been in the employment of the
shipowner during the six months preceding his decease, the shipowner
shall pay an additional month's wages to his widow or children under age.
If the vessel is lost, and it is impossible to ascertain when the accident
occurred, the wages shall be reckoned as if death had occurred on the
expiration of the time usually required for a vessel like that which was
lost to make the voyage at the same season from the place where the
vessel was last heard of to its destination.
25. If it is found at the final settlement of accounts that a seaman
has been paid more in advances than is due to him, repayment shall
not be claimed if the seaman's employment is terminated for any of
the reasons mentioned in sections 24, 32 (first paragraph), 34, and 38-41.
4. — Attendance during Sickness, and Burial
26. Every member of a crew shall be bound to submit to medical
examination when so required by the captain, provided that no expense
shall be entailed on him thereby.
The Minister of Commerce may issue regulations ordering the medical
examination of ships' crews.
27. If a seaman is sick or injured the captain shall see that he
receives the necessary care on board or ashore, including maintenance,
medical attendance, and medical requisites.
If there is reason to believe that a seaman is suffering from a disease
involving danger to those on board, the captain shall have him medically
examined as soon as possible. If adequate precautions against infection
cannot be taken on board, the captain shall have the sick man put
ashore.
If a sick seaman cannot take care of his effects himself, the captain
shall take charge of them.
If a sick seaman is left behind in a foreign country, the captain shall
put him in charge of the consul, or, in default of a consul at the place
in question, he shall ensure him proper care in some other way and
notify the nearest consul.
SEAMEN'S ACT,
1923
123
28. The expenses of attendance on a seaman during sickness shall
he defrayed by the owner so long as the employment lasts.
If a seaman is sick at the time of his discharge, he shall be entitled
to attendance at the expense of the owner for not more than six weeks,
or, if he is Danish and under care abroad, not more than twelve weeks.
This period shall be reckoned from the paying-off day or, if paying
off has not taken place, from the date when the vessel sails. If a Danish
seaman is left behind abroad, he shall further be entitled to a free
passage, with maintenance, to his domicile in Denmark. If employment can be provided for him on a vessel bound for Denmark or for
-a port whence he can conveniently be sent home, and his state of health
admits thereof, he shall be bound to accept the employment, provided
that it is not at a lower rating or worse paid than his former employment.
The provisions of the preceding paragraph ot this section shall not
apply if the seaman incurred the sickness or injury through his own
fault or concealed it at the time of engagement. In this case the seaman
himself shall defray the expenses of attendance during sickness both
before and after leaving his employment, and he shall not be entitled
to a free passage home; further, the shipowner's outlay on his behalf
may be deducted from his wages.
Notwithstanding the preceding provisions of this section, if a Danish
seaman is suffering from tuberculosis in a contagious form or from
venereal disease at a communicable stage, and for this reason has to
leave his employment, the expenses for attendance and for his passage
home, if incurred, shall be defrayed by the Treasury; the Treasury's
outlay on the passage home of a seaman suffering from venereal disease
may be deducted from his wages.
The provisions of the second paragraph of this section concerning
the rights of Danish seamen to a free passage home to Denmark shall
not apply if the seaman was engaged while the vessel was employed
in non-European navigation (cf. section 21, paragraph 2). The decision as to whether in this case the seaman may be allowed a free passage
home or to the place of engagement, according to circumstances, and,
if so, how the expenses incurred are to be divided between the shipowner and the Treasury, shall be reached in accordance with the provisions of the last paragraph of section 31.
29. If a seaman dies, the captain shall provide for decent burial
and inform his relatives.
The captain shall also have an attested inventory made of all the
effects left on board by the deceased. If death takes place abroad,
he shall deliver the inventory to the nearest consul. If the effects cannot
be kept on board without inconvenience, the captain shall either hand
them over to the consul or sell them in the most advantageous manner.
30. The expenses of burial shall be defrayed by the shipowner if
the seaman dies while still in employment. The same provision shall
apply if he dies after leaving his employment, but while the shipowner
is still under an obligation to pay for attendance.
If a Danish seaman dies while under treafment at the expense of
the Treasury in pursuance of section 28, paragraph 4, tlie Treasury
shall also defray the expenses of burial.
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DENMARK
31. If a captain has to leave a sick seaman abroad in the care of
a consul, he shall be bound on demand to provide suitable security
for the expenses of attendance, etc., which the shipowner is liable to
defray under sections 28 and 30. Any wages due to the seaman shall
likewise be handed over to the consul, and as long as he remains in
the care of the consul the seaman shall not be allowed the use of such
wages without the consul's approval.
If the assistance of a Danish consul cannot be obtained, and the
captain has therefore been obliged to incur outlay for the care of a
Danish seaman during sickness or lor his burial, and the shipowner is
not liable for such outlay, the captain shall be entitled to claim repayment from the Treasury.
The provisions of the preceding paragraph shall likewise apply to
outlay for a seaman who is not Danish if the captain can prove by
means of a proper medical certificate that it was necessary to land the
seaman out of consideration for him or other persons on board and that
his state of health at the time of engagement was entirely satisfactory.
Detailed regulations concerning the care, burial and repatriation, of
seamen by the authorities, as specified in this and preceding sections
and in section 41, shall be issued by the Minister of Commerce after
consultation with the Ministry of Foreign Affairs.
5. — Captain's Right to Discharge Seaman
32. If a seaman is prevented for a considerable time from performing
his duties in consequence of sickness or injury, or if he is suffering from
a disease which involves danger to persons on board, the captain may
discharge him. In addition to his full wages until his discharge, the
seaman shall in this case be entitled to wages for one month after his
discharge if he is a mate or engineer and one week in other cases. Nevertheless, if the seaman is Danish and was engaged while the vessel was
employed in European navigation (cf. section 21, paragraph 2), he
shall be entitled to wages tor two additional months if he is a mate
or engineer and one month in other cases, provided that discharge
takes place while the vessel is employed in other than European navigation.
If the seaman has incurred the sickness or injury through his own
fault, or concealed it at the time of engagement, he shall be entitled
to his wages only for the time during which he has performed his duties,
whether he is discharged or not.
33. Further, the captain may discharge a seaman in the following
cases:
(1) if he is unfit for the duties for which lie was engaged;
(2) if he fails to come on board at the proper time and the vessel
has to sail [without him] or another man has to be engaged in
his stead;
(3) if he is guilty of. gross neglect of duty, such as repeated disobedience, violence towards superior officers, ill-treatment of
other persons on board, or repeated drunkenness on duty;
SEAMEN'S ACT, 1923
125
(4) if he is guilty of thelt or other serious crime, or conceals on board
persons or goods which are dutiable or the export of which
from the port of departure or the import of which into the port
of destination is prohibited;
(5) if he brings a dispute concerning his employment before a foreign
authority.
Before a seaman who is on board is discharged in pursuance of this
section, an enquiry in accordance with the provisions of section 64
shall be held if possible.
The seaman shall not be entitled to his wages beyond the period
for which he has actually served.
34. If a seaman is dismissed before the expiry, of his engagement,
otherwise than for the reasons mentioned in sections 32 or 33, he shall
be entitled to a free passage with maintenance to the port of discharge
specified in the agreement or to a Danish port if the provisions of section 13 concerning a Danish port of discharge are applicable; he shall
further be entitled to wages during the voyage, but not to less than
one month's wages if he is a mate or engineer or one week's wages if
he is an ordinary seaman.
6. — Seamarís Right to Claim, his Discharge
35. If a seaman shows that he can obtain the command of a vessel,
or an engagement as mate or engineer, or such engagement in a higher
grade than he actually holds, or that any other circumstance has arisen
since his engagement which renders it essential to his interests that he
should be permitted to take his discharge, he may claim his discharge
with wages up to the time of his leaving his employment, provided
that he furnishes a competent and steady man in his place without
increased expense to the shipowner.
36. If a malignant epidemic disease has broken out in the port of
destination of the vessel and this fact has not come to the knowledge
of the seaman until after his engagement, he shall be entitled to take
his discharge—forthwith if the voyage has not yet begun, or otherwise
at the first port where the vessel calls after the seaman has become
aware of the circumstance in question. His wages shall be paid in
such case up to the time of his leaving his employment.
The same provisions shall apply when it appears after the engagement
that there is danger ot the vessel's being seized by a belligerent power
or exposed to war damage, or that such danger has been materially
increased.
37. If a seaman is engaged for a specified voyage, and the route
is materially altered, he may take his discharge—forthwith if the
voyage has not yet begun, and otherwise at the first port where the
vessel calls after he has become aware of the change.
If a seaman leaves his employment on account of a change in the
voyage, he shall be entitled to compensation for the loss which he
suffers thereby, but not to more than his wages for one month if he
is mate or engineer, or half a month if he belongs to the ordinary crew,
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and also to a free passage with maintenance to the place of engagement
if he withdraws before the voyage begins, or otherwise to the placefixed for paying off.
38. If the vessel is not in a seaworthy condition, or if the accommodation for the crew is manifestly unhealthy, and the captain fails
to provide for the remedying of the defects, or if contrary to section 5i>
the captain refuses to have the vessel inspected, the seaman shall
be entitled to take his discharge and to receive compensation for his
loss in accordance with the provisions of section 34.
39. If a seaman shows that he has been ill-treated by the captain,.
or ill-treated by others on board without receiving from the captain
the protection appealed for, or that the captain has failed to provide
him with proper food, he shall be entitled to take his discharge and
to receive compensation for his loss in accordance with the provisions
of section 34.
40. If a vessel loses the right to fly the Danish flag, the seaman may
take his discharge and receive compensation for his loss in accordance
with the provisions of section 34.
The fact that a vessel is transferred to another Danish owner, or
assigned another captain, shall not entitle a seaman to take his discharge.
7. — Termination of Agreement on Loss of Vessel
41. If a vessel is lost in consequence of an accident at sea, or is
declared incapable of repair after an accident at sea, the employment
shall cease in default of an agreement to the contrary. Nevertheless,
the seaman shall be bound to take part in salvage operations and to
remain at the place in question, until the declaration has been filed,
in return for wages and maintenance.
If the employment of a Danish seaman is terminated abroad owing
to the loss of a vessel, he shall be entitled to a free passage to his domicile
in Denmark, with maintenance, at the expense of the Treasury. In
addition to the wages due to him under the preceding paragraph, he
shall further be entitled to wages during his passage home, but not
to more than two months' wages if he is a mate or engineer, or one month's
wages if he belongs to the ordinary crew. The seaman shall be bound
to accept employment on another vessel in accordance with the provisions of section 28, paragraph 2, and he shall not be entitled to claim
wages from the owner of the lost vessel for the time during which he
is thus employed.
If the effects of a Danish seaman on board a vessel are lost with
the vessel, the owner shall be bound to pay compensation in accordance
with the general regulations issued by the Ministry of Commerce.
8. — Foreign Seamen
42. The Crown may extend to foreign seamen the advantages provided for Danish seamen under sections 28 and 41, on the basis of
reciprocity.
SEAMEN'S ACT,
1923
127
9. — Disputes
43. If a member of the crew is dissatisfied with the account drawn
up by the captain, he may require the registration authorities to verify
it. In the Faroe Islands he may require the account to be verified by
the Bailiff or the district magistrate.
If a dispute arises between the captain and a member of the crew,
while the vessel is abroad, concerning the settlement of accounts or
other conditions of employment, the case shall be referred to the consul
at the first place where this is possible.
The decision of the consul shall be binding on the parties, pending
the submission of the care to a Danish court.
CHAPTER III. — SERVICE ON BOARD SHIP
1. — Officers of the Vessel
44. The captain shall have supreme authority on board in all circumstances.
45. It shall be the special duty of the mate to assist the captain
in navigation and in the observations and calculations connected
therewith and the keeping of the ship's log-book. He shall exercise
supervision over the remainder of the crew and the vessel with itsappurtenances and equipment, except as otherwise provided under
section 47. He shall provide for the keeping of the requisite register
of goods received and delivered, and shall supervise the loading and
unloading and stowage of cargo and stores.
If the mate keeps the log-book, he shall be responsible for its accuracy46. If the captain is unable to act, or is absent without having given
orders concerning cases which may arise, the mate (or chief mate) shall
give orders in cases not admitting of delay.
If the captain dies or becomes incapable of commanding the vessel
or resigns his post, the mate (or chief mate) shall take his place, pending
the appointment of a new captain.
47. It shall be the special duty of the engineer to direct the engineroom duties. He shall be responsible for the working, minding, and
maintenance of the vessel's engines and the apparatus and appliances
connected therewith, and also for the hull of the vessel in so far as it
lies within the boiler-room and engine-room and the coal bunkers,
tanks, and alleyways connected therewith. He shall supervise the
vessel's supply of fuel and other requisites for the engines, and shall
check the quantity and quality thereof when taking them in. Further,
he shall exercise supervision over the engine-room staff and its accommodation.
If the engineer observes any defects in the parts of the vessel, appurtenances and equipment mentioned above, he shall inform the captain
thereof without delay.
The engineer shall keep the engine-room log-book and shall be responsible for its accuracy.
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48. If there is more than one engineer on board, the chief engineer
shall be responsible for the engine-room duties as a whole. The chiet
engineer shall assign the other engineers their duties.
If the chief engineer is unable to act, or absent without having given
orders concerning cases which may arise, the senior among the other
engineers shall give orders in cases not admitting of delay.
2. — General Duties in the Service
49. The captain and all other officers shall treat their subordinates
properly. Corporal punishment shall not be administered to any person.
Every person shall behave decently, soberly, and peaceably, and
faithfully observe the regulations for the maintenance of discipline
and order on board. When a subordinate receives an order, he shall
show by a clear response that he has understood it.
50. Every seaman shall obey the orders of his superior officers,
shall take care of the vessel and cargo, and in every respect shall fulfil
his duties zealously and carefully.
If any damage is caused by a seaman's fault or negligence in the
performance of his duties, he shall be bound to pay compensation.
Nevertheless, the court may reduce the amount of compensation with
due regard to proved culpability, the extent of the damage, and other
circumstances.
3. — Entering on Employment and Absence therefrom, and Bringing Goods
on Board
51. A seaman shall be bound to report for service on board at the
specified time. He shall not quit the vessel thereafter without leave.
A seaman shall not be refused leave to go ashore during his free
time, provided that his remaining on board is not required to ensure
the safety of the vessel, cargo or persons on board, the performance
of necessary duties, or the impending sailing or warping of the vessel.
If a seaman is prevented from going on board at the proper time,
he shall inform the captain thereof without delay.
52. If a seaman fails to report for service on board at the proper
time, or leaves the vessel without permission, or fails to return at the
proper time after having been ashore, the captain may claim the assistance of the police to have him brought on board if the vessel has not
a sufficient crew without him, or if he is found in an intoxicated condition.
53. If a seaman deserts, the captain may sell the effects which he
has left on board in any suitable manner.
If the proceeds of the sale and the seaman's wages in hand are not
exhausted by the shipowner's claim for compensation, the excess shall
be dealt with as provided in section 69.
54. A seaman shall be entitled to bring with him articles for personal use in reasonable quantity, provided that this does not entail
any injury to the vessel or cargo or risk of disorder on board; opium,
cocaine, and the like shall not be brought. He shall not bring on board
SEAMEN'S ACT, 1923
129
goods for sale on his own account or on behalf of aaother without the
•captain's permission.
If a seaman brings goods on board without leave, he shall be bound
to pay freight on them and also compensation for any damage done.
If the captain has reason to suspect that anything has been brought
on board without leave, he may have a search made in the lockers
of the crew. The person concerned shall be entitled to be present at
the search. The captain may take charge of any goods brought on
board by a seaman without leave, and send them ashore, or, if necessary,
throw them overboard.
4. — Work on Board Ship, Provisions, and Hygienic Conditions
55. Work on board ship shall be arranged with due regard to the
rating of each person and also, as far as possible, to the technical
capacities of those concerned.
The person directing the work shall be bound to observe the rules
concerning the requisite precautions for the prevention of accidents
and sickness.
57. The captain shall see that the crew receives good and sufficient
food. He shall conform to the dietary regulations issued by the Crown.
If the captain considers it necessary to reduce the supply of food
during the voyage, the crew shall be entitled to proportionate compensation.
The captain shall not contract for the feeding of the crew.
58. The captain shall supervise hygienic conditions and cleanliness
on board, and in particular shall see that the regulations issued by
the Ministry of Commerce concerning the maintenance and cleaning
of accommodation are strictly observed.
6. — Use of Force
60. If necessary for the maintenance of discipline and order on
board, the captain, or the person taking command in the event of
his absence or inability to act, shall ensure obedience by the use of
force.
If the vessel is in danger or a mutiny breaks out among the crew,
or any other emergency occurs, any means necessary to obtain order
and obedience may be used. Every member of the crew shall be bound
to render assistance, even without a special order.
It any person who refuses to obey is injured, he shall not be entitled
to establish liability for the injury, unless harsher measures were used
than the circumstances required.
61. If any member of the crew commits a serious crime at a time
-when the vessel is not in a Danish port, tb.3 captain shall hold a provisional enquiry as soon as possible in conformity with the provisions
•of section 64. Nevertheless, this shall not apply if the ciime is committed in foreign territory and dealt with by the authorities at the place
in question.
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The captain shall take all possible care that the offender does not
escape, pending the reference of the case to a Danish consul or thepolice authorities in Denmark. If necessary, the captain may keep
him in confinement or use other means of compulsion, provided that.
he shall not treat him more harshly than is needful.
CHAPTER IV. — DISCIPLINARY PENALTIES
62. A seaman may be punished by the captain with loss of wage»
for not less than one day and not more than seven days in the following
cases:
(1) if he fails to report for service at the proper time or leaves the
vessel without permission, or tails to return at the proper time
after having been ashore;
(2) if he neglects to notify any circumstance which prevents his.
coming on board at the proper time;
(3) if he causes risk or damage by negligence in service;
(4) if he leaves his post at the wheel or on the look-out, or is found
asleep or drunk at such post, or is otherwise drunk on duty;
(5) if he wastes stores or deals with them improperly in any other
way;
(6) if he is accessory to the concealment on board of persons not.
belonging to the vessel, or allows any person on board in defiance^
of a prohibition;
(7) if he unlawfully brings on board intoxicating drink or any other
article contrary to the provisions of section 54;
(8) if he behaves improperly towards a superior officer or tails to
obey an order of a superior officer respecting his duties;
(9) if he involves himself in a brawl, or acts in any other way contrary to discipline and order on board.
63. A penalty shall not be imposed on board a vessel engaged in.
voyages in home waters nor on board any other vessel lying in a Danish
port, nor on account of an offence committed at a Danish port in respect.
of which legal action could have been taken before the vessel sailed.
A penalty shall not be imposed less than twelve hours or more than
one week after the commission of the offence, unless special reasons.
render an exception necessary.
64. Before a penalty is imposed the captain shall hold an enquiry
in the presence of two assessors chosen by him from amongst the most
experienced members of the crew. Whenever possible, one of them
shall be a mate or an engineer and the other an ordinary seaman. If"
the person whose conduct is under enquiry is a mate or engineer, both.
assessors shall as far as possible be officers of the vessel.
The seaman and the witnesses required to elucidate the case shall
be heard at the enquiry. The assessors may have questions put by
the captain. The declarations made and the decision of the captain
shall be entered in the log-book or in a special register of enquiries,.
and read before the persons concerned. The accuracy of the entries.
SEAMEN'S ACT,
1923
131
shall be attested by the signatures of the captain and the assessors.
The latter shall be entitled to append any observations to which the
enquiry may give rise.
If the captain fails to observe the preceding provisions, his decision
respecting the imposition of a penalty shall be void.
65. The penalty shall be fixed with due regard not only to the
seriousness of the offence and the circumstances in which it was committed, but also to the previous conduct of the offender. If the offence
is trivial and there is reason to believe that a warning is sufficient, a
penalty shall not be imposed.
If the captain has imposed a penalty in respect of a service offence,
he shall not have the right to require the institution of legal proceedings
subsequently unless he has reserved his right to do so in the decision
respecting the penalty.
66. The captain may remit a penalty either wholly or in part if
he considers this justifiable. The decision concerning the remission
shall be entered in the log-book or register of enquiries, and signed
by the captain and two witnesses. In default thereof the decision
shall be void.
67. If a seaman desires to raise an objection to a penalty imposed
upon him by the captain, he may lodge his complaint with the consul,
if abroad, not later than the day when paying off takes place.
The consul's decision shall be taken as the basis for the settlement
of accounts, provided that either party may refer it to the maritime
court for the domicile of the shipowner in Denmark within one year
of paying off.
A seaman who desires to lodge a complaint may require the captain
to supply an authenticated copy of the enquiry and the decision.
68. If a complaint against the decision of the captain is not referred
to a consul, the seaman may lodge his complaint with the maritime
court for the domicile of the shipowner in Denmark not later than one
year after the date of paying off.
Cases under section 67 and 68 shall be dealt with as cases for the
inferior court, provided that no court dues shall be payable by the seaman who lodges the complaint, and the court shall be entitled to reduce
the notice of summons.
69. When paying off takes place, the captain shall pay any wages
deducted under section 62 to the registration official, or in the Faroe
Islands to the Bailiff or the district magistrate, or to the consul if abroad,
and shall at the same time deliver an authenticated copy of the decision which shall be sent to the Ministry of Commerce together with
the amount of the wages. If the seaman leaves his employment without
being paid off, the captain himself shall send the amount and the copy
to the Ministry of Commerce.
The wages deducted under section 62 shall be employed for the
benefit of seamen and their dependants, in accordance with more
detailed regulations issued by the Crown.
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CHAPTER
VI.
—
PROVISIONS
RESPECTING
LIABILITY
73. If the captain abuses his authority under section 60 or section 61,
paragraph 2, or his right to inflict punishment, or if he treats a seaman
with undue severity or neglects his duties towards a sick or injured
seaman, or deprives the crew of the food due to them under the law,
he shall be liable to a fine of not less than 10 and not more than 1,000 Kr.,
or in aggravating circumstances to imprisonment, provided that he
is not liable to a more severe penalty under general penal regulations
74. If the captain is punished under section 73 and specially aggravating circumstances are present, he may be sentenced to forfeiture
either for a specified period or permanently of the right to command
a vessel. The sentence shall likewise determine whether he shall have
the right to serve as mate during the period in question.
The court concerned shall so soon as possible transmit to the Ministry
of Commerce a copy of such sentence, together with the shipping certificate (S0nœringsbevis) of the person in question, and if the person
in question is permitted by the sentence to serve as mate, the Ministry
shall issue to him the necessary certificate.
When at least two years have elapsed since the sentence was pronounced and circumstances are in favour of such procedure, the Crown,
on the recommendation of the Minister of Commerce, may restore the
right of the person in question to command a vessel, notwithstanding
that the period fixed in the sentence may not have expired.
75. Contraventions committed by the shipowner or captain in
respect of other duties under this Act shall be liable to a fine of not
less than 10 and not more than 1,000 Kr.
76. The above provisions- shall also apply to persons who in the
absence of the captain act in his stead.
77. Any seaman who accepts employment on a vessel for a period
during which he is bound under a previous agreement to serve on
another vessel, shall be liable to a fine of not less than 5 and not more
than 500 Kr.
78. If a seaman with intent to evade service fails to report himself
on board when due, or if for the same purpose he leaves the vessel,
he shall be liable to a fine for desertion.
If desertion has taken place in such circumstances that the vessel
or human life is exposed to danger thereby, or in any other specially
aggravating circumstances, the penalty may be increased to imprisonment or labour in a house of correction for not more than one
year.
If a seaman deserts with his pay, he shall be liable to the penalty
for fraud, whether he has entered on his employment on the vessel
or not, unless circumstances indicate that it was not his intention to
appropriate the pay which he has received but not yet earned.
SEAMEN'S ACT,
1923'
133
79. Any person who incites a seaman to desert or assists him in
desertion by word or deed shall be liable to a fine or imprisonment.
80. Any seaman who defies the captain or the person in command
in his stead, or who refuses to obey him, without, however, being guilty
of violence, shall be liable to a fine of not less than 5 and not more than
500 Kr. or in aggravating circumstances to imprisonment.
81. Any seaman who assaults the captain or any other superior
officer, or threatens such person with violence, shall be liable to imprisonment or in aggravating circumstances to not more than two
years' penal servitude. If extenuating circumstances are present he
may be fined.
82. If a mutiny breaks out among the crew or part of the crew
the persons taking part therein shall be liable to imprisonment or in
extenuating circumstances to a fine. Nevertheless, the instigators or
leaders, and also the other participants if acts of violence have been
committed against any person or any property has been seriously
damaged, shall be liable to penal servitude for not more than six years.
83. If application is made for an inspection under section 59 and
it appears on inspection that there is no reasonable ground for the
complaint as to the unseaworthiness of the vessel, the persons who
made the complaint shall be liable to a fine of not less than 5 and not
more than 500 Kr. or in aggravating circumstances to imprisonment.
84. Any seaman who through carelessness, imprudence, or negligence in service causes an accident at sea shall be liable to imprisonment or a fine.
If the offender is a mate or engineer, he may also be sentenced to
forfeiture for a specified period or permanently of the right to serve in
the position which he has hitherto occupied ; the sentence may likewise
provide that the person in question shall have the right to serve in
a specified inferior capacity during the period in question. The provisions of section 74 shall apply to notification of the sentences and
shipping certificates.
If a mate or engineer has been declared to have forfeited his right
to serve as such, the Minister of Commerce, when at least one year
has elapsed since the sentence was pronounced and circumstances
are in favour of such procedure, may grant him permission to serve
in a specified inferior capacity, notwithstanding that the period fixed
in the sentence may not have expired; likewise his full shipping rights
may be restored before the expiry of the period, if special circumstances
are present, provided that at least one year has elapsed.
85. Any seaman who, without the captain's knowledge, brings on
board goods which expose the vessel or cargo to danger or risk shall
be liable to a fine of not less than 5 and not more than 500 Kr. or imprisonment.
86. If any member of the crew leaves the vessel when it is in danger
without doing his duty as a good seaman, he shall be liable to a fine
or simple imprisonment.
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87. Any seaman who is guilty of an offence otherwise than as
specified above or of a breach of order or discipline shall be liable to a
fine of not less than 5 and not more than 500 Kr.
88. Proceedings shall not be instituted by the public prosecutor
in respect of the offences specified in sections 77, 78, paragraph 1, 79,
80, 85, and 87, unless application to this effect has been made by the
captain or shipowner concerned. Applications for the institution of
proceedings shall be made as soon as possible, and not later in any
case than one year after the commission of the offence.
Cases arising out of the offences specified in sections 84 and 86 shall
be brought before the Ministry of Commerce before a decision as to
the institution of proceedings can be reached. If such cases relate to
total loss of the vessel, running aground when the help of outside persons
had to be called lor, or other accidents at sea involving either loss of
human life or considerable damage, proceedings shall not be abandoned
until the statement of the Ministry of Commerce has been obtained.
89. If a seaman who has been guilty of an offence undergoes a
penalty for it under section 62 and proceedings are instituted in the
case, the court shall duly take such penalty into consideiation when
fixing his liability to punishment, and in this event the penalty may
be reduced below that otherwise prescribed for the offence, or altogether
cancelled.
90. All cases referred to in this Chapter shall be dealt with by the
Maritime and Commercial Court if in Copenhagen, and if elsewhere
by the maritime courts, unless the case should come before the provincial court and jury under section 688d of the Act concerning the
administration of justice.
91. Fines imposed under this Act shall accrue to the Treasury.
92. Regulations may be issued by the Crown modifying the provisions of this Act in the case of vessels not liable to registration or
of vessels employed for fishing and other similar special purposes.
Regulations may further be issued by the Crown introducing the
modifications for the Faroe Islands considered necessary in view of
local conditions, after the Lagting has reported thereon.
This Act shall come into operation on 1 January 1924.
ACT ON THE ENGAGEMENT OF SEAMEN, 1872
135
Act on the Engagement of Seamen
[Dated 26 February 1872]
1. Any master of a Danish vessel who engages new men while the
vessel is staying in a Danish maritime registration district (M0nstringsdistrikt), whether he renews the whole crew or engages only one or more
men, shall have the crew enrolled by the maritime registration officer
(M0nstringsbestyrer) before the vessel sails. Such enrolment shall also
be effected if a Danish vessel, leaving or touching at Danish customs
houses on its journeys, sails from, or is cleared at, a Danish customs
house for the first time in the calendar year, even if there is no change
in the crew during the stay at the customs.
Further, any master of a Danish vessel who, when the vessel is abroad,
engages new men or loses any of his crew by death, discharge, desertion,
or otherwise, shall have the crew enrolled by the maritime registration
officer when clearing at the first Danish customs house at which the vessel
is cleared after returning to Denmark.
2. If the master of a Danish vessel discharges all or part of his crew,
he shall notify the maritime registration officer of the men so discharged.
3. In the event of able seamen being called up for military service,
the Minister of Justice may order by an official Notification that any
shipmaster who clears his vessel at a Danish customs house within
•a period to be specified in the Notification, but not exceeding three weeks
after the date of publication of the Notification in the Lovtidende, shall
submit his list of crew to, and have the crew enrolled by, the maritime
registration officer before the vessel is cleared, even if he is not bound by
the provisions of sections 1 and 2 to have his crew enrolled.
4. As a rule enrolment shall be effected by the maritime registration
officer for the district in which the vessel is situated at the date of
enrolment. Notwithstanding, if new men have been engaged in another
registration district, the master shall be entitled to have the enrolment
effected by the maritime registration officer for the said district.
5. On the occasion of enrolment, the master shall submit to the
maritime registration officer the discharge books and other certificates of
the crew.
6. In the event of enrolment on the occasions specified in section 1,
the master shall likewise produce a list of crew (Skibsbemandingsliste) in
duplicate drawn up in the prescribed form ; one copy shall be kept at the
maritime registration office, the other shall be signed by the registration
officer and returned to the master. Notwithstanding, a master who is
having his crew enrolled owing to changes in its composition shall be
entitled, if the whole crew has not been renewed but only one or more
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DENMARK
men, and further if his crew has already been enrolled by a Danish
maritime registration officer earlier in the same calendar year, to submit
the list of crew hitherto used, whether the engagement of new men is
recorded on the list of crew or on a supplementary list, the issue of which
must be noted on the earlier list. When men are discharged the list of
crew shall be submitted to the maritime registration officer.
If the master so demands, the maritime registration officer shall
procure and fill in the lists of crew and supplementary lists, or, if the
newly engaged men are entered on the earlier list, undertake such entry
in return for the prescribed remuneration, which in Copenhagen is
payable to the State Treasury, elsewhere to the maritime registration
officer.
7. In the case specified in the end of section 4, as also when the vessel
is passing without clearing at the customs, enrolment may be effected
without the submission of the list of crew and the discharge books or
other certificates of previously engaged men, provided that the whole
crew is not renewed, but only one or more men, and that the newly
engaged men, who must be presented to the maritime registration
officer, and whose discharge books and other certificates must be examined by the latter, are entered on the supplementary list. Notwithstanding, the master, in such cases, if he wishes to avoid liability for
negligence to enrol, shall see to it that the competent authority at the
customs house where the vessel subsequently clears for the first time
certifies the issue of the supplementary list on the earlier list.
8. In the cases referred to in section 4, paragraph 2, and in section 7, the master may have the enrolment carried out by an agent
or broker dealing with his affairs, by a person holding a position of
authority on board the vessel, or by a person duly authorised for the
purpose by ministerial regulation.
9. If the master engages new men, he shall present them personally
to the maritime registration officer. Otherwise a personal presentation
of the crew shall, as a rule, not be required. Notwithstanding, the
master shall be bound to observe the regulations laid down by the maritime registration officer in each particular case concerning the presentation of all or part of the crew.
10. Any master of a foreign vessel who, during the stay of the vessel
in a Danish maritime registration district, engages or dismisses men,
shall, as a rule, unless he prefers beforehand to have his men enrolled
by the maritime registration officer in accordance with the provisions of
sections 4 to 9, have his list of crew countersigned by the consul of his
country concerning the changes in the crew, and shall afterwards submit
the list or a copy certified by the consul to the maritime registration
officer. If the list of the crew at the moment employed on the vessel
includes the names of Danes, or if after the list has been countersigned
any Danes are discharged in Denmark, the master shall also submit the
discharge books or other certificates of such men to the competent maritime registration officer (section 4), to whom he shall also hand over a
copy of the list of crew certified by himself which shall be kept at the
registration office. If the maritime registration officer considers that
ACT ON THE ENGAGEMENT OF SEAMEN, 1872
137
there is any reason to believe that other persons on the list are of Danish
nationality, in spite of the statement of the master to the contrary, he
shall be entitled to demand further particulars concerning them. The
list of crew or the copy certified by the master shall be signed by the
maritime registration officer before being returned to the master. Until
these formalities have been observed, the ship cannot be cleared out by
the customs authorities.
11. If, how.ever, the ship is only passing, and does not clear at the
customs, it shall be sufficient if any Danish men engaged bring with them
and hand over to the master a certificate from the maritime registration
officer to the effect that there is no objection to their sailing with the
vessel in question, and if Danish men discharged here are instructed by
the master to present themselves to the maritime registration officer.
The said certificates shall be issued free of charge.
12. If, as a result of agreement with the competent foreign authorities, Danish men employed on foreign vessels are subject to some other
form of supervision offering the same guarantees as the above supervision,
the Minister of Justice may repeal all or part of the provisions of sections
10 and 11 so far as foreign ships are concerned which are subject to the
said supervision.
13. The maritime registration officer shall examine the correctness
of the lists of crew and whether the master has contravened any of the
provisions of this Act, or whether, in the case of enrolment, there is any
objection to the men entered on the list sailing with the vessel, in which
case he shall refuse to enrol them. Similarly, in the cases specified in
sections 3 and 10, he shall examine whether the military authorities would
have any objection to the sailing of any of the men entered on the list
of crew, and, if so, he shall see to it that the said men leave the vessel.
If the master declares that any man liable for military service who is
included in the list has been discharged, has died or deserted, or for some
other reason no longer is a member of the crew, the maritime registration
officer shall ascertain the truth of the declaration, if necessary by holding
an enquiry. The persons heard during the enquiry shall be prepared
to make their statements under oath, and if the judge considers it
necessary under the circumstances, he shall require them to make their
statements under oath.
No charge shall be made for enrolment or the examination and countersigning of lists of crew.
Similarly, the enquiries specified in this section shall be conducted, and
recorded in writing, free of charge and without the use of stamp paper.
14. Detailed regulations concerning the procedure to be followed by
the maritime registration officers on the occasion of the enrolments dealt
with in this Act shall be laid down in the instructions to be issued by the
Minister of Justice.
16. Whenever a vessel clears from a Danish customs station, the
master, even if he is not bound to have his crew enrolled by the maritime
registration officer in accordance with the provisions of sections 1, 2, and
10 or of a Notification issued under the provisions of section 3, shall
138
DENMARK
be bound to submit his list of crew to the customs official who clears
the vessel. Such clearing shall not be allowed until such submission has
taken place which shall be recorded on the list free of charge or, in
cases where enrolment of the crew is prescribed, not until the customs
authorities have been informed that enrolment has taken place. The
Minister of Finance, after consulting the Minister of Justice, shall issue
instructions to the persons concerned with respect to the procedure to be
observed.
17. If, in cases where enrolment of the crew is compulsory, a master
omits to have his crew enrolled by the maritime registration officer, if he
supplies inaccurate lists of crew or supplies inaccurate information for
use when these lists are being drawn up or countersigned ; if he engages
men not included in the lists or makes changes in the lists after enrolment,
he shall be liable to a fine or imprisonment. The same penalties apply
to any person who acts on behalf of the master in accordance with the
provisions of section 8, if in carrying out these duties he is guilty of any
of the contraventions specified above.
Danish members of the crew who, in the cases specified in section 11,
fail to present themselves to the maritime registration officer before they
sail with a foreign vessel or after they have been discharged from such a
vessel in Denmark shall be liable to a fine of 5 to 50 rigsdaler, unless
they incur a higher penalty under other penal regulations.
Outside Copenhagen such contraventions shall be dealt with in the
ordinary police courts : in Copenhagen by the Maritime and Commercial
Court in accordance with the regulations laid down for procedure before
the ordinary police courts. The fines imposed shall be paid into the
Treasury.
18. This Act, which shall not apply to the Faroe Islands, shall come
into force on 1 April 1872.
NORWAY'
1
See introductory note to Denmark (page 117) which also contains information on the legislation concerning seamen in Norway (Seamen's Act of
16 February 1923).
This note mentions in addition the Draft Convention (Genoa 1920) which has
been ratified by Norway.
140
NORWAY
Seamen's Act1
[Dated 16 February 1923]
CHAPTER I. — CAPTAIN'S AGREEMENT
1. The shipowner shall provide for the drawing up of a written
agreement with the captain respecting the terms of his engagement.
2. If no agreement to the contrary has been made respecting the
duration of the employment, either party may give three months'
notice to terminate the agreement in a Norwegian port where the vessel
calls for loading or unloading. Nevertheless, in such case, if the captain
has been employed on the vessel for 1% years, he may also withdraw
from the agreement, after giving three months' notice, in a foreign
port where the vessel is loading or unloading.
3. The captain may be dismissed by the owner at any time.
If he is dismissed before the expiry of the period for which he was
engaged, otherwise than for one of the reasons mentioned in section
4 or section 5, he shall be entitled to his salary for three months after
dismissal, and also to a free passage, with maintenance, to the port
specified in the agreement for the termination of the employment, or
to a Norwegian port if the provisions of section 2 apply concerning
the leaving of employment at a Norwegian port.
4. If the captain is discharged on account of an illness or injury
rendering him incapable of commanding the vessel, he shall be entitled
to his salary for three months after leaving his employment.
Nevertheless, if the captain has incurred the illness or injury through
his own fault, or if he concealed it at the time of the engagement, he
shall not be entitled to his salary beyond the period for which he has
served.
5. If the captain is dismissed for incompetence, dishonesty or gross
misconduct or negligence in the performance of his duties, he shall not
be entitled to his salary beyond the period for which he has served.
6. If the vessel is lost through an accident at sea, or if it is declared
incapable of being repaired after an accident at sea, the employment
shall be terminated, unless the agreement contains a stipulation to the
contrary. Nevertheless, the captain shall be bound to remain on duty
and deal with matters affecting the vessel and the cargo, in return for
his pay and maintenance.
1
Extract from the Legislative Series of the International Labour Office.
See the complete translation of the law in L. S. 1923 — Nor. 1.
SEAMEN'S ACT, 1923
141
The captain shsll be entitled to a free passage home, with pay and
compensation for lost effects, in accordance with the provisions of
section 41.
7. The provisions of sections 24, 28 and 30 respecting the crew shall
apply as regards pay in case of death, medical attendance, repatriation
in case of illness, and burial.
8. If the captain is assigned a share in the freights (primage) earned
by the vessel, or in any other earnings on the voyage or commission,
and his employment ceases before the end of the voyage or of the financial year, the captain shall be entitled to a proportionate part of the
said remuneration. Demurrage shall be reckoned in the same way
as freight.
If the captain is entitled to receive his pay beyond the period for
which he has served, in pursuance of sections 3, 4 or 6, or if his pay
must be calculated according to section 7 (cf. section 24), the remuneration mentioned in paragraph 1 shall be fixed at the amount by which
twice the pay of the first mate exceeds his fixed pay as captain.
CHAPTER II. — CREW'S AGREEMENT
1.
Engagement
9. In virtue of his position, the captain shall have authority to
engage mates and engineers and the remainder of the crew.
Before the captain engages the engine-room crew, he shall consult
the chief engineer.
10. Children under 15 years of age shall not be employed on board
ship.
Young persons under 18 years of age shall not be employed as stokers
or coal trimmers, and young persons under 16 years of age shall not
be employed as engine-room apprentices (maskingut).
11. When a crew is engaged for a voyage in respect of which a seaman's certificate (sjôfartsbok) is required, the said certificate shall be
delivered to the captain.
When registration has been applied for, the captain shall draw up
a wages contract and issue to each seaman an account book.
The wages contract shall be drawn up in duplicate, in accordance
with a form prescribed by the Crown. It shall be signed by both parties,
and shall contain the following particulars:
(1) the seaman's full name, year and day of birth, birthplace and
domicile ;
(2) the rating at which he is-engaged;
(3) the voyage or period for which the engagement is effected, or
the place for paying off the crew, or the period of notice agreed
upon;
(4) the wages agreed upon, and an estimate of the time to be occupied by the voyage if the wages are fixed for the voyage ;
(5) the overtime pay agreed upon, in so far as it is not fixed by law;
(6) all other conditions of engagement.
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NORWAY
The account book shall contain one copy of the wages contract, and
an extract of the provisions in laws and regulations which are of special
interest to seamen, drawn up by the competent Department. Entries
shall be made in the account book respecting the dates of the seaman's
entering and leaving his employment, the giving of notice to terminate
the agreement, and the date for the same. Further, the sums paid in
wages shall be entered on each occasion. In case of payment in any
other currency than that specified in the agreement, the rate of exchange
shall be entered.
If the wages contract is based on a collective agreement, the captain
shall see that a copy of the said agreement is available on board for
the use of the crew.
2.
Period of Validity of Agreement
12. If a seaman is engaged for a specified period, or subject to the
giving of notice on a specified date,, and the period expires during the
voyage, the agreement shall remain in force until the vessel calls at a
port for loading or unloading.
13. If no agreement has been made to the contrary respecting the
duration of the employment, either party may give notice to terminate
the agreement at any port where the vessel calls for loading or unloading. Nevertheless, if the seaman is Norwegian and engaged in
Norway, notice shall not be given by either party to terminate the agreement elsewhere than in a Norwegian port for loading or unloading.
The period of notice shall be one month for a mate or engineer and
one week for the remainder of the crew.
14. If a seaman has been engaged for a specified period or voyage,
and remains in the same employment after the termination of the
period or voyage without making a new agreement, either party may
give the notice mentioned in section 13, paragraph 2, to terminate
the employment at any port where the vessel calls for loading or unloading.
15. A seaman who has served on board a vessel for 1 % years since
last signing on may give the notice prescribed in section 13, paragraph
2, to take his discharge at any port where the vessel calls for loading
or unloading, notwithstanding any provisions in the agreement respecting the duration of the employment or in section 13 respecting the
termination of employment at a Norwegian port.
16. A seaman, who is entitled to withdraw from his agreement,
under the agreement itself or under the provisions of this chapter, shall
be bound to continue to serve when the vessel reaches port, in order
to assist in work which must be carried out, but not for more than two
days after the date of arrival.
If a declaration is to be filed, he shall be bound to remain on the spot
until it has been filed, in return for wages and maintenance.
17. If the laws or the authorities in any foreign port where a seaman
is due to leave his employment refuse him admission to the country
in question, or demand security which he cannot furnish for his ad-
SEAMEN'S ACT, 1923
143
mission, he shall be bound to continue to serve until the vessel arrives
at a port where he can be paid off.
3.
Wages
18. Wages shall be due on and from the day on which the seaman
begins his service on board. If he has to make a journey from the place
of engagement, the wages shall be due on and from the day on which
this journey begins, unless any stipulation to the contrary is made in
the agreement.
Wages shall be due to and including the day on which the employment ceases, or, if the crew is paid off, to and including the paying-off
day.
A seaman shall not be entitled to wages for any time during which
he absents himself from work without leave.
For the purpose of calculating wages for parts of a month, a month
shall be reckoned as 30 days.
19. A seaman shall not be entitled to demand payment of his wages
unless the vessel is lying in port, nor more often than once a week.
Wages shall be paid in cash, unless the seaman asks for a draft on
the owner. Payment may be demanded in local currency at the current
rate of exchange.
Any Norwegian seaman may Send his wages to Norway free of charge
through the consuls designated by the competent Department. The
State shall be responsible for such transmission of moneys.
20. A seaman may demand that part of his wages be paid in the
form of a monthly allotment to a specified person in Norway, or deposited in a Norwegian bank.
The amount of the allotment shall not be reduced or suspended without the seaman's consent before the termination of his employment,
unless the remainder of his wages is insufficient to cover disciplinary
fines or claims for compensation incurred during his service.
21. The captain shall be entitled to retain one-third of the wages
which the seaman himself is entitled to draw, until he leaves his employment. The sum retained shall not at any time exceed half a month's.
wages.
22. If wages are fixed at a certain sum for the voyage, the statement
in the wages contract concerning the anticipated duration of the voyage
shall apply for the purpose of calculating wages for a specified period.
If the voyage proves longer than was estimated at the time of engagement, the seaman shall be entitled to a proportionate addition to his
wages, in default of any agreement to the contrary. On the other hand,
the fact that the voyage is shortened shall have no influence on the
seaman's right to the full wages stipulated.
23. If a voyage is begun with a smaller crew than was originally
arranged, or if the able-bodied crew is reduced during the voyage, the
wages saved for the time while the vessel is at sea shall be divided
between the remaining members of the crew in proportion to the in-
144
NORWAY
creased work assigned to each, provided that they have not been remunerated for the same by means of overtime pay.
24. If a Norwegian seaman dies while he is in the employment of
a shipowner, and leaves a wife, or a child under 18 years of age, the
owner shall pay to such persons one month's wages, reckoned from the
day of the death or from the date on which the seaman's right to wages
ceased.
If the vessel is lost, and it is impossible to ascertain when the accident occurred, the wages shall be reckoned as if death had occurred
on the expiration of the time usually required for a vessel like that
which was lost to make the voyage at the same season from the place
where the vessel was last heard of to its destination. In such case one
month's wages shall be paid to the seaman's wife, or children under
18 years of age.
25. If it is found at the final settlement of accounts that a seaman
has been paid more in advances than is due to him, repayment thereof
shall not be claimed if the seaman's employment is terminated for
any of the reasons mentioned in sections 24, 32 (first and second paragraphs), 34, and 38 to 41.
4.
Attendance during Illness and Burial
26. Every member of a crew shall be bound to submit to medical
examination when so required by the captain, provided that no expense
shall be entailed on him thereby.
27. If a seaman is ill or injured, the captain shall see that he receives
the necessary care on board or ashore, including maintenance, medical
attendance, and medical requisites.
If there is reason to believe that a seaman is suffering from a disease
involving danger to those on board, the captain shall have him medically examined if possible. If adequate precautions against infection
cannot be taken on board, the captain shall have the sick man put
ashore.
If the sick man cannot take care of his effects himself, the captain
shall take charge of them.
If a sick seaman is left behind in a foreign country, the captain shall
put him in charge of the consul, or, in default of a consul at the place
in question, he shall ensure him proper care in some other way, and
notify the nearest consul.
28. The expenses of attendance during illness shall be defrayed by
the owner so long as the employment lasts.
If a seaman is sick or injured at the time of his discharge, he shall
be entitled to attendance at the expense of the owner for not more
than six weeks, or, if he is Norwegian and under care abroad, not more
than twelve weeks. This period shall be reckoned from the payingoff day, or, if paying off has not taken place, from the date when the
vessel sails. If a Norwegian seaman is left behind abroad, he shall
further be entitled to a free passage, with maintenance, to his domicile
in Norway. If employment can be provided for him on a vessel bound,
SEAMEN'S ACT, 1923
145
for Norway or for a port whence he can conveniently be sent home
-and his state of health admits thereof, he shall be bound to accent the
employment, provided that it is not at a lower rating or worse paid
than his former employment.
If the seaman incurred the.sickness or injury through his own fault,
or concealed it at the time of engagement, he himself shall defray the
expenses of attendance during illness, both before and after leaving
his employment, and he shall not be entitled to a free passage home.
The shipowner's outlay may be deducted from his wages.
If a seaman is paid off when suffering from tuberculosis in a contagious form, the Treasury shall bear the expenses for attendance
•during illness and repatriation which, under paragraph 2, would be
incumbent on the owner.
If a Norwegian seaman suffering from venereal disease at a communicable stage is paid off abroad, the expenses for attendance during
illness for the period subsequent to the termination of his employment
«hall be defrayed by the Treasury.
29. If a seaman dies, the captain shall provide for his burial and
inform his relatives.
The captain shall also have an attested inventory made of all the
•effects left on board by the deceased. If death takes place abroad,
he shall deliver the inventory to the nearest consul. If the effects cannot
be kept on board without inconvenience, the captain shall either hand
them over to the consul or sell them in the most advantageous manner.
30. The expenses of burial shall be defrayed by the shipowner if
the seaman dies while still in employment. The same provision shall
apply if after leaving his employment he dies in consequence of an
accident or injury for which the shipowner was under an obligation to
provide attendance at the time when death occurred.
If a seaman dies while under treatment at the expense of the Treasury,
in pursuance of section 28, paragraph 4, the Treasury shall also defray
the expenses of burial.
31. If a captain has been obliged to incur outlay abroad for the
•care of a Norwegian seaman during sickness or for his burial, and the
shipowner is not liable for such outlay, the captain shall be entitled to
•claim repayment from the Treasury.
5.
Captain's Right to discharge a Seaman
32. If a seaman is prevented for a considerable time from performing
'his duties, in consequence of sickness or injury, or if he is suffering
from a disease which involves danger to persons on board, the captain
may discharge him.
In addition to his full wages until his discharge, the seaman shall
be entitled to wages for two months after his discharge if he is a mate
or engineer, or one month if he belongs to the remainder of the crew.
If the seaman has incurred the sickness or injury through his own
fault, or concealed it at the time of engagement, he shall be entitled
10
146
NORWAY
to his wages only for the time during whiuh he has performed his duties,
whether he is discharged or not.
33. Further, the captain may discharge a seaman in the following
cases :
(1) if he is unfit for the duties for which he was engaged;
(2) if he fails to come on board at the proper time, and the vessel
has to sail without him or another man has to be engaged in
his stead;
(3) if he is guilty of gross neglect of duty, such as repeated disobedience, violence towards a superior officer, ill-treatment of
other persons on board, or repeated drunkenness on duty;
(4) if he is guilty of theft or other serious crime, or conceals goods.
on board which are dutiable or the export of which from the
port of departure or the import of which into the port of destination is prohibited;
'5) if he brings a dispute concerning his employment before a foreign.
authority.
Before a seaman who is on board is discharged in pursuance of thissection, an enquiry in accordance with the provisions of section 64
shall be held if possible.
The seaman shall not be entitled to his wages beyond the period forwhich he has actually served.
34. If a seaman is dismissed before the expiry of his engagement,.
otherwise than for the reasons mentioned in sections 32 and 33, he.
shall be entitled to wages for two months after leaving his employment
if he is a mate or engineer, or one month if he belongs to the remainderof the crew, and also to a free passage, with maintenance, to the port.
of discharge specified in the agreement, or to a Norwegian port if the
provisions of section 13 concerning a Norwegian port of disjharge are;
applicable.
6.
Seaman's Right to claim his Discharge
35. If a seaman shows that he can obtain the command of a vessel,.
or an engagement as mate or engineer, or such engagement in a higher
grade than he actually holds, or that any other circumstance has arisen.
since his engagement which renders it essential to his interests that
he should be permitted to take his discharge, he may claim his discharge,
with wages up to the time of his leaving his employment, provided.
that he furnishes a competent and steady man in his place without
increased expense to the shipowner.
36. If it appears after the engagement that a malignant epidem'c;
disease has broken out in the port of destination of the vessel, the seaman shall be entitled to take his discharge — forthwith if the voyage has
not yet begun, or otherwise at the first port where the vessel calls after
the seaman has become aware of the circumstance in question. His.
wages shall be paid in such case up to the time of his leaving his employment.
SEAMEN'S ACT,
1923
147
The same provisions shall apply when it appears after the engagement that there is danger of the vessel's being seized by a belligerent
power or exposed to war damage, or that such danger has been materially increased.
37. If a seaman is engaged for a specified voyage, and the route
is materially altered, he may take his discharge — forthwith if the
voyage has not yet begun, and otherwise at the first port where the
vessel calls after he has become aware of the change.
If a seaman leaves his employment on account of a change in the
voyage, he shall be entitled to wages for one month after leaving his
employment if he is a mate or engineer, or half a month if he belongs
to the remainder of the crew, and also to a free passage, with maintenance to the place of engagement if he withdraws before the voyage
begins, or otherwise to the place fixed for paying off.
38. If the vessel is not in a seaworthy condition for the voyage,
and the captain fails to provide for the remedying of the defects, the
seaman shall be entitled to take his discharge and to receive his wages
and ? free passage, with maintenance, in accordance with the provisions
of section 34.
The same provision shall apply if the captain refuses to have the
vessel inspected, contrary to section 59.
39. If a seaman shows that he has been ill-treated by the captain,
or ill-treated by others on board without receiving from the captain
the protection appealed for, or that the captain has failed to provide
him with proper food, he shall be entitled to take his discharge and
to receive his wages and a free passage; with maintenance, in accordance
with the provisions of section 34.
40. If a vessel loses the right to fly the Norwegian flag, a seaman
may take his discharge and receive wages and a free passage and maintenance in accordance with the provisions of seotion 34.
The fact that a vessel is transferred to another Norwegian owner,
or assigned another captain, shall not entitle a seaman to take his
discharge.
7. Termination of Agreement on Loss of Vessel
41. If a vessel is lost in consequence of an accident at sea, or is
declared incapable of repair after an accident at sea, the employment
shall cease, unless the agreement contains a stipulation to the contrary.
Nevertheless, the seamen shall be bound to take part in salvage operations and to remain at the place in question until the declaration has
been filed, in return for wages and maintenance.
If the seaman is Norwegian, he shall be entitled to a free passage
to his domicile in Norway, with wages and maintenance from the date
of the loss of the vessel to his arrival at home, but not for more than
two months beyond the period for which he receives wages under paragraph 1. The expenses of his repatriation, including maintenance
during the voyage, shall be defrayed by the Treasury. Nevertheless,
the seaman shall be bound to accept employment on another vessel
. in accordance with the provisions of section 28, paragraph 2. He shall
148
NORWAY
not be entitled to claim wages from the owner of the lost vessel for the
time during which he is thus engaged on another vessel.
If the effects of a Norwegian seaman on board a vessel are lost with
the vessel, the owner shall be bound to pay compensation in accordance with the general regulations issued by the Crown.
8.
Foreign Seamen
42. The Crown may extend to foreign seamen the advantages provided for Norwegian seamen under section 28 and section 41, either
in their entirety or in part, on the basis of reciprocity.
9.
Disputes
43. If a dispute arises between the captain and a member of the
crew, while the vessel is abroad, respecting the settlement of accounts
or other conditions of employment, the case shall be referred to the
consul at the first place where there is an opportunity for such reference.
The decision of the consul shall be binding on the parties, pending
the submission of the case to a Norwegian court.
CHAPTER III.
1.
— SERVICE ON BOARD SHIP
Command of the Vessel
44. The captain shall have supreme authority on board.
45. It shall be the special duty of the mate to assist the captain
in navigation and in the observations and calculations connected therewith and the keeping of the log-book. He ¡shall exercise supervision
over the remainder of the crew and the vessel with its appurtenances
and equipment, except as otherwise provided in section 47. He shall
provide for the keeping of the requisite register of goods received and
delivered, and shall supervise the loading and unloading and stowage
of cargo and stores.
If the mate keeps the log-book, he shall be responsible for its
accuracy.
46. If the captain is unable to act, or absent without having given
orders concerning cases which may arise, the mate (or the chief mate)
shall give orders in cases not admitting of delay.
If the captain dies or is incapacitated for the command of the vessel
or resigns his post, the mate (or chief mate) shall take his place, pending
the appointment of a new captain.
47. It shall be the special duty of the engineer to direct the engineroom duties. He shall be responsible for the working, minding and maintenance of the vessel's engines and boilers and the apparatus and appliances connected therewith, and also for the hull of the vessel in
so far as it lies within the boiler-room and engine-room and the coal
bunkers, tanks and alleyways connected therewith. He shall supervise
SEAMEN'S ACT,
1923
149
the vessel's supply of fuel and other requisites for the engines, and shall
check the quantity and quality thereof when taking them in. Further,
he shall exercise supervision over the engine-room staff and its accommodation.
If the engineer observes any defects in the parts of the vessel, appurtenances and equipment mentioned above, he shall inform the
captain thereof without delay.
The engineer shall keep the engine-room log-book and shall be responsible for its accuracy.
48. If there is more than one engineer on board, the chief engineer
shall be responsible for all matters connected with engine-room duties.
The chief engineer shall assign the other engineers their duties.
If the chief engineer is unable to act, or absent without having given
orders concerning cases which may aiise, the senior among the other
engineers shall give orders in cases not admitting of delay.
2.
General Duties in the Service
49. The captain and all other officers shall treat their subordinates
properly. Corporal punishment shall not be administered to any person.
Every person shall behave decently, soberly and peaceably, and
faithfully observe the regulations for the maintenance of discipline
and order on board. When a subordinate receives an order, he shall
show by a clear response that he has understood it.
50. Every seaman shall obey the orders of his superior officers,
shall take care of the vessel and cargo, and in every respect shall fulfil
his duties zealously and carefully.
If any damage is caused by a seaman's fault or negligence in the
performance of his duties, he shall be bound to pay compensation.
Nevertheless, the court may reduce the amount of compensation,
with due regard to proved culpability, the extent of the damage, and
other circumstances.
3. Entering on Employment and Absence therefrom, and bringing Goods
on Board
51. A seaman shall be bound to report for service on board at the
specified time. He shall not quit the vessel thereafter without leave.
A seaman shall not be refused leave to go ashore during his free
time, provided that his remaining on board is not required to ensure
the safety of the vessel, cargo or persons on board, the performance
of necessary duties, or the impending sailing or warping of the vessel.
If a seaman is prevented from coming on board at the proper time,
he shall infoi m the captain thereof without delay.
52. If a seaman fails to report for service on board at the proper
time, or leaves the vessel without permission, or fails to return at the
proper time after having been ashore, the captain may claim the assistance of the police to have him brought on board if the vessel has not
a sufficient crew without him.
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NORWAY
53. If a seaman deserts, the captain may sell the effects which he
has left on board in any suitable manner.
If the proceeds of the sale and the seaman's wages in hand are not
exhausted by the shipowner's claim for compensation, the seaman
may claim payment of the excess not more than one year after his
desertion. If he fails to do so, the excess shall be dealt with as provided
in section 69.
54. A seaman shall be entitled to bring with him articles for personal
use in reasonable quantity, provided that this does not entail any injury
to the vessel or cargo or risk of disorder on board. He shall not bring
on board goods for sale on his own account or on behalf of another
without the captain's permission.
If a seaman brings goods on board without leave, he shall be bound
to pay freight on them and also compensation for any damage done.
If the captain has reason to suspect that anything has been brought
on board without leave, he may have a search made in the crew's
lockers, etc., in their presence. The captain may take charge of any
goods brought on board by a seaman without leave, and send them
ashore, or, if necessary, throw them overboard.
4.
Work on Board Ship, Provisions and Hygienic Conditions
55. Work on board ship shall be arranged with due regard to the
rating of each person.
The person directing the work shall be bound to observe the rules
concerning the requisite precautions for the prevention of accidents
and sickness.
57. The captain shall see that the crew receives good and sufficient
food. He shall conform to the dietary regulations issued by the Crown.
If the captain considers it necersary to reduce the supply of food
during the voyage, the crew shall be entitled to proportionate compensation.
58. The captain shall supervise hygienic conditions and cleanliness
on board, and see that the regulations issued by the Grown concerning
these matters are strictly observed.
6.
Use of Force
60. If it is necessary for the maintenance of discipline and order
on board, the captain, or the person taking command in the event
of his absence or inability to act, shall ensure obedience by the use
of force.
If the vessel is in danger or a mutiny breaks out among the crew
or any other emergency occurs, any means necessary to obtain order
and obedience may be used. Every member of the crew shall be bound
to render assistance, even without a special order.
If any person who refuses to obey is injured, he shall not be entitled
to establish liability for the injury, unless harsher measures were used
than the circumstances required.
SEAMEN'S ACT,
1923
151
61. If any member of the crew commits a serious crime at a time
"when the vessel is not in a Norwegian port, the captain shall hold a
provisional enquiry as soon as possible in conformity with the provisions
of section 64. Nevertheless, this shall not apply if the crime is committed in foreign territory and dealt with by the authorities at the
place in question.
The captain shall take all possible care that the offender does not
escape, pending the reference of the case to a Norwegian consul or
the police authorities in Norway. If necessary, the captain may keep
him in confinement or use other means of compulsion, provided that
he shall not treat him more harshly than is needful.
CHAPTER IV.
— DISCIPLINARY PENALTIES
62. A seaman may be punished by the captain with loss of wages
for not lesa than one day and not more than seven days in the following
cases :
(1) if he fails to report for service at the proper time or leaves the
vessel without permission, or fails to return at the proper time
after having been ashore;
(2) if he neglects to notify any circumstance which prevents his
coming on board at the proper time ;
(3) if he leaves his post at the wheel or on the look-out, or sleeps at
such post, or causes risk or damage by any other negligence in
service ;
(4) if he is drunk on duty;
(5) if he wastes stores or deals with them improperly in any other
way;
'(6) if be is accessory to the concealment on board of persons not
belonging to the vessel, or allows any person on board in defiance
of a prohibition;
(7) if he unlawfully brings on board intoxicating drink or any other
article, or removes his effects from the vessel;
(8) if he behaves improperly towards a superior officer or fails to
obey an order of a superior officer respecting his duties;
(9) if he involves himself in a brawl, or acts in any other way contrary
to discipline and order on board.
63. A penalty shall not be imposed on board a vessel engaged in
voyages in home waters, nor on board any other vessel lying in a Norwegian port, nor on account of an offence committed at a Norwegian
port in respect of which legal action could have been taken before the
vessel sailed.
A penalty shall not be imposed less than twelve hours or more than
one week after the commission of the offence, unless special reasons
render an exception necessary.
64. Before a penalty is imposed, the captain shall hold an enquiry
in the presence of two assessors chosen by him from among the most
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NORWAY
experienced members of the crew. Whenever possible one of them
shall be a mate or an engineer and the other an ordinary seaman, or
if the person whose conduct is under enquiry is a mate or engineer,
both shall be officers.
The seaman and the witnesses required to elucidate the case shall.
be heard at the enquiry. The assessors may have questions put by
the captain. The declarations made and the decision of the captain
shall be entered in the log-book or in a special register of enquiries,
and read before the persons c'oncerned. The accuracy of the entries
shall be attested by the signatures of the captain and the assessors.
The latter shall be entitled to append any observations to which the
enquiry may give rise.
If the captain fails to observe the foregoing provisions, his decision
respecting the imposition of a penalty shall be void.
65. The penalty shall be fixed with due regard not only to the seriousness of the offence and the circumstances in which it was committed,
but also to the previous conduct of the offender. If the offence is trivial
and there is reason to believe that a warning is sufficient, a penalty
shall not be imposed.
If the captain has imposed a penalty in respect of a service offence,
he shall not have the right to require the institution of legal proceedings
subsequently, unless he has reserved his right to do so in the decision
respecting the penalty.
66. The captain may remit a penalty either wholly or in part if he
considers this justifiable. The decision concerning the remission shall
be entered in the log-book or register of enquiries, and signed by the
captain and two witnesses. In default thereof the decision shall be void.
67. If a seaman desires to raise an objection to a penalty imposed
upon him by the captain, he shall lodge his complaint with the consul,
if abroad, not later than the day when paying off takes place.
The consul's decision shall be taken as the basis for the settlement
of accounts, provided that either party may refer it to a law court in
Norway within one year of the paying off.
A seaman who desires to lodge a complaint may require the captain
to supply an authenticated copy of the enquiry and the decision.
68. If a seaman is paid off in a foreign port where there is no Norwegian consul, he may lodge a complaint with a law court not more
than four weeks after his arrival in Norway and not more than one
year after paying off.
If he is paid off in a Norwegian port, he may lodge his complaint
with the law court within four weeks.
In either case he may reserve his right to do so when being paid
off. This reservation shall be entered in the account book.
69. When paying off takes place, the captain shall pay any wages
deducted under section 62 to the registration official, or to the consul
if abroad, and shall at the same time deliver an authenticated copy
of the decision, which shall be sent to the competent Department
SEAMEN'S ACT,
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153
together with the amount of the wages. If the seaman leaves his employment without being paid off, the captain himself shall send the
amount and the extract to the Department.
The wages shall be applied for the benefit of seamen and their dependants, in accordance with more detailed regulations issued by the
Crown.
SWEDEN'
1
See introductory note to Denmark (page 117) which also contains information on the legislation concerning seamen in Sweden (Seamen's Act of
15 June 1922).
This note mentions in addition the Draft Conventions (Genoa 1920 and
Geneva 1921) which have been ratified by Sweden.
156
SWEDEN
Seamen's Act1
[Dated 15 June 1922]
CHAPTER I. — CAPTAIN'S AGREEMENT
1. The shipowner shall provide for the drawing up of a written
agreement with the captain respecting the terms of his engagement.
2. If no mutual arrangement has been made respecting the period
of validity of the agreement, the agreement shall be deemed to expire
in a Swedish port where the vessel calls for loading or unloading, three
months after the giving of notice by either party; provided that if the
captain has been employed on the vessel for one year (or in the case
of a sailing vessel, a year and a half) he shall also be entitled to withdraw
from the agreement, three months after giving notice, in a foreign
port where the vessel is loading or unloading.
3. The captain may be dismissed from his command by the owner
at any time.
If he is dismissed before the expiration of the period for which the
agreement was concluded, otherwise than for one of the reasons mentioned in section 4 or section 5, he shall be entitled to compensation
for the loss which he suffers thereby.
In default of the submission of a statement as to the loss, he shall
be entitled to his salary for three months, together with a free passage,
including maintenance, to the place specified in the agreement for the
termination of his service or, if section 2 applies and he is dismissed
abroad, to the nearest Swedish port.
4. If the captain is dismissed on account of an illness or injury
rendering him incapable of continuing to command the vessel, he shall
be entitled to his salary for three months after leaving his employment.
This provision shall not apply if the captain has incurred the illness
or injury by gross misconduct, or if he concealed it when undertaking
service; in such case the captain shall not be entitled to his salary
beyond the period for which he has served.
5. If the captain is dismissed for incompetence, dishonesty, a grave
error, or gross negligence in the performance of his duties, he shall not
be entitled to his salary beyond the period for which he has served.
6. If the vessel is lost through an accident at sea or if it is declared
incapable of being repaired after an accident, the agreement shall
expire, unless it contains a stipulation to the contrary; provided that
1
Extract from the Legislative Series of the International Labour Office.
See the complete translation of the law in L. S. 1922 — S we. 1.
SEAMEN'S ACT,
1922
157
the captain shall be bound to remain on duty and deal with matters
affecting the vessel and the cargo in return for his pay and maintenance.
The provisions of section 41 respecting seamen shall apply in respect
of the captain's right to a free passage home, with pay and maintenance
during the voyage and compensation for any lost effects.
7. The provisions of sections 24, 28, and 30, respecting seamen shall
apply correspondingly as regards pay in case of death, medical attendance and a free passage home in case of illness, and burial.
8. If the captain has a share in the freights (primage) earned by
the vessel, or in any other earnings on the voyage, or a share in the
owner's profits on his business (commission), and the agreement expires
before the end of the voyage or of the financial year, the captain shall
"be entitled to such part of the remuneration thus guaranteed as is due
on his term of service in proportion to the whole voyage or financial
year. If the captain is entitled to receive his pay beyond the period
for which he has served, in pursuance of sections 3, 4, 6, or 7, the part
of the said remuneration for the period after he has left his employment
shall be equal to the amount by which twice the salary of the first
mate exceeds his fixed pay as captain.
CHAPTER II. — CREW'S AGREEMENT
Conclusion of Agreement
9. The captain shall be entitled to engage the crew of the vessel,
both officers and men, on behalf of the shipowner.
He shall consult the chief engineer when engaging the engine-room
staff.
10. Children under 14 years of age shall not be employed on board
ship, and young persons under 16 years of age shall not be employed
as stokers.
11. When a seaman has been engaged, he shall be furnished by the
captain with a wages book (motbok) drawn up in accordance with the
form prescribed by the Board of Trade (kommerskollegium) which
shall contain:
(1) the seaman's full name, year and day of birth, birthplace, and
domicile ;
(2) rating at which the seaman is engaged;
(3) voyage or period for which the agreement is valid, or place for
paying off the crew, or period of notice agreed upon;
(4) wages agreed upon, and also an estimate of the time to be occupied
by the voyage if the wages are fixed at a certain sum for the
voyage;
(5) overtime pay agreed upon, where such pay is not fixed by law;
and
(6) all other conditions of engagement.
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SWEDEN
Entries shall be made in the wages book respecting the beginning
and end of the employment, and likewise the giving of notice to terminate
the agreement and the date for the same. Overtime pay earned by
the seaman, and also any part of his wages or overtime pay issued or
deducted, shall likewise be entered in the wages book; in case of payment in any other currency than that in which the wages are fixed,
the rate of exchange shall be stated.
If the agreement was made on the basis of a collective agreement r
the captain shall see that a copy of the said collective agreement is
accessible on board.
The regulations issued by the Crown shall apply to the signing on and
discharging of seamen and to the procedure an connection therewith.
Period of Validity of Agreement
12. If a seaman is engaged for a specified period or subject to the
giving of a specified notice and the period expires during the voyage,
the agreement shall remain in force until the vessel arrives at the next
port for loading or unloading.
13. If no mutual arrangement has been made respecting the period
of validity of the agreement, either party shall be entitled to give
notice to terminate the agreement at any port where the vessel calls
for loading or unloading.- provided that, if the seaman is Swedish and
engaged in Sweden, notice shall not be given by either party to terminate
the agreement elsewhere than in a Swedish port for loading or unloading.
The period of notice shall be one month if the seaman is an officer
and one week if he is an ordinary seaman.
14. If a seaman has been engaged for a specified period or voyage
and remains in the same employment after the termination of the
period or voyage without making a new agreement, either party shall
be entitled to give the notice mentioned in section 13, paragraph 2,
to terminate the agreement at any port where the vessel calls for loading or unloading.
15. A seaman who has served on board a vessel for one year, or
in the case of a sailing vessel for a year and a half, since last signing
on, shall be entitled to give notice as specified in section 14, notwithstanding any provision to the contrary contained in the agreement or
laid down in section 13 respecting the termination of the agreement
at a Swedish port.
16. A seaman who is entitled to withdraw from his agreement
under the agreement itself or under the provisions of this chapter
shall be bound to continue to serve when the vessel reaches port, in
order to assist in work which must be carried out, but not for more
than two days (or in the case of a sailing vessel four days) after the date
of arrival.
If a declaration is to be filed, the seaman shall be bound to remain
on the spot until the said declaration has been filed, in return for wages
and maintenance.
SEAMEN'S ACT,
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159
17. If the authorities in any foreign place where a seaman is due
to leave his employment fail to authorise his entry into the said foreign
country, or if security which he cannot furnish is demanded for his
admission, he shall be bound to continue to serve until his vessel arrives
at a place where no such hindrance to his discharge exists.
Wages
18. Wages shall be due on and from the day on which the seaman
begins his work on board, or, if he has to make a journey from the
place of engagement in order to reach the vessel, on and from the day
on which the journey begins.
Wages shall be due up to and including the day on which he leaves
his employment, or, if the crew is paid off, up to and including the
paying-off day, unless his right to wages has ceased earlier under the
provisions of this chapter.
Wages shall not be due for any time during which a seaman absents
himself from work unlawfully.
For the purpose of calculating wages for parts of a month, a month
shall be reckoned as thirty days.
19. A seaman shall not be entitled to demand payment of his wages
unless the vessel is lying in port, nor more often than once a week.
Wages shall be paid in cash, unless the seaman asks for a draft on
the owner. Payment may be demanded in local currency, at the rate
of exchange which banking establishments at the place in question pay
for the currency in which the wages are fixed.
Any Swedish seaman who wishes to send part of his wages to Sweden
from a foreign country shall be entitled to avail himself of the services
of the Swedish consul for this purpose, free of charge, in accordance
with the regulations issued by the Crown, and the State shall be responsible for such transmission of moneys.
20. A seaman shall be entitled to require that a certain part of his
wages be paid monthly to a specified person in Sweden in accordance
with an allotment note, or deposited in a Swedish bank in his name.
The amount of the allotment note shall not be reduced without the
seaman's consent, except to the extent by which the remainder of hiswages fails to cover any fines imposed on the seaman or any claim by
the shipowner against him for compensation.
21. The captain shall be entitled to retain one-third of the cash
wages due to the seaman on each pay-day until the seaman leaves his
employment. Nevertheless, the amount thus retained shall not at any
time exceed half a month's wages.
22. If wages are fixed at a certain sum for the voyage, the entry
made in the wages book concerning the anticipated duration of the
voyage shall apply for the purpose of calculating wages whenever
they have to be reckoned for a certain period.
If the route is changed so that the voyage proves longer than was
anticipated at the time of engagement, the seaman shall be entitled
160
SWEDEN
to a proportionate addition to his wages; if the voyage is otherwise
prolonged, additional wages reckoned on the basis of the current monthly
wages at the place of engagement shall be paid for the excess time.
If the voyage takes less than the time estimated,« the agreed wage shall
nevertheless be paid in full.
23. If the crew is reduced during the voyage, the wages thus saved
for the time while the vessel is at sea shall be divided between the
remaining members of the crew in proportion to the increased work
assigned to each.
24. If a seaman dies, his wages shall be due up to and including the
date of his death, provided that his right to wages has not ceased earlier
under the provisions of this chapter. If vessel and crew are lost,
and it is impossible to obtain information as to the date on which the
loss occurred or must be deemed to have occurred at latest, for the
purpose of calculating wages it shall be held that the seaman's death
took place at the expiration of the time which could reasonably be
allowed for the voyage from the place where the vessel was last heard
of to its destination, taking into account the nature of the vessel and
the season.
25. If it is found at the final settlement of accounts that a seaman
has received more in advances than is properly due to him, he shall
nevertheless be entitled to keep the sums which he has received if his
emplovment is terminated as provided in sections 24, 32 (paragraph 1),
34, 38^ 39, 40, or 41.
Attendance during Illness, and Burial
26. A seaman shall be bound to submit to medical examination
when so required by the captain, provided that no expense shall be
entailed on him thereby.
27. If a seaman is ill or injured, the captain shall see that he receives
the necessary care on board or ashore. The said care shall include
maintenance, medical attendance, medicines, etc.
If there is reason to suppose that a seaman is suffering from an
illness involving danger to those on board, the captain shall have the
sick man medically examined if possible. If adequate precautions
against infection cannot be taken on board, the captain shall have the
sick man put ashore.
If a sick or injured seaman cannot take care of his effects himself,
the captain shall take charge of them.
If a sick or injured seaman is left behind in a foreign country, the
captain shall put him in charge of the Swedish consul, or, in default
of a Swedish consul at the place in question, he shall ensure him proper
care in some other way, and also notify the nearest Swedish consul of
the measures taken.
28. The expenses of attendance for the seaman during illness shall
be defrayed by the shipowner as long as the seaman remains in his
service. If a sick or injured seaman leaves his employment on the
expiry of his term of service or is discharged earlier, otherwise than
SEAMEN'S ACT,
1922
161
for the reason mentioned in section 33, he shall also be entitled to
attendance at the expense of the shipowner after the termination of his
engagement, but not for more than six weeks (or, if he is a Swedish subject and is under care abroad, twelve weeks) after payingoff; if paying
off has not taken place, the period shall be reckoned from the date when
the vessel proceeded on its voyage. In the last-mentioned case a Swedish
seaman leaving his employment abroad shall further be entitled to
a free passage home, with maintenance, to his domicile in Sweden;
if employment can be provided for him on a vessel bound for Sweden
or for a place whence he can conveniently travel home, he shall be
bound to accept the said employment, provided that his state of health
admits thereof and that he is engaged at a rating corresponding to
that at which he was previously engaged and on equally favourable
terms.
The above provisions shall not apply to a seaman who has incurred
illness or injury by gross misconduct or who has concealed the same
when entering on employment; in such case the seaman himself shall
be bound to defray the expenses of attendance during illness, and he
shall not be entitled to a free passage home. The shipowner's outlay
for expenses as here specified may be deducted from the seaman's
payIf a Swedish seaman is left in a foreign country on account of venereal
disease at a communicable stage, the expenses of hospital treatment,
medical attendance, medicines, etc., lor the period subsequent to the
termination of his engagement shall be defrayed out of State funds,
in accordance with regulations issued by the Crown.
29. If a seaman dies, the captain shall provide for his burial and
inform his next-of-kin of his death.
The captain shall also have an inventory made of the effects of the
deceased left on board, and shall likewise see that his property is handed
over to his heirs or to any person acting on their behalf. If death
takes place abroad and the property in question cannot be kept on
board without damage or inconvenience, the captain shall either hand it
over to the nearest Swedish consul or have it sold in a suitable manner ;
and in the latter case the captain shall be bound to account for the
proceeds of the sale to the superintendent of the seamen's office (ombudsmannen vid sjömanshuset) in the vessel's port of registry, as soon as
possible after arrival at a Swedish port.
30. The expenses of a seaman's burial shall be defrayed by the
shipowner if death occurred while the seaman was still in his employment. The same provision shall apply when a seaman dies after the
termination of his engagement, but while he is still entitled to attendance
at the expense of the shipowner.
31. If a captain is obliged to incur outlay, for which the shipowner
is not liable, for the attendance during illness or burial of a Swedish
seaman at a place where the assistance of a Swedish consul cannot
be obtained, he shall be entitled to repayment of the said outlay from
State funds.
il
162
SWEDEN
Captain's Right to discharge a Seaman
32. If a seaman is rendered incapable of performing his duties fora considerable time in consequence of illness or injury, or if he is suffering from a disease which involves danger to persons on board, the
captain shall be entitled to discharge him. In the latter case the
seaman shall be entitled to full pay for the whole period during which
he remains in employment, and two months' pay in addition if he is
an officer, or one month's pay if he is an ordinary seaman.
If a seaman has incurred illness or injury through gross misconduct,
or if he has concealed the same at the time of engagement, he shall be
entitled to his pay only for the time during which he was capable of
performing his duties.
33. Further, a captain shall be entitled to discharge a seaman:
(1) if he is found to be incompetent for the duties for which he was
engaged;
(2) if he fails to come on board at the proper time, and the vessel
has to sail without him or another man has to be engaged in
his stead;
(3) if he is guilty of gross neglect of duty, such as repeated refusal
to obey the orders of a superior officer, assault of a superior
officer, ill-treatment of other persons on board, or repeated
drunkenness on duty;
(4) if he is guilty of barratry, theft, or other serious crime, or is
found to have concealed on board dutiable goods, or goods the
export of which from the port whence the vessel sails or the
importation of which into the port of destination is prohibited.
Before a seaman who is on board is discharged for the above-mentioned
reasons, an enquiry as provided in section 64 shall be held if possible.
A seaman discharged in accordance with this section shall not be
entitled to any pay beyond the period for which he has performed his
duties.
34. If a seaman is dismissed otherwise than for the reasons mentioned
in sections 32 and 33, he shall be entitled to compensation for the loss
which he suffers thereby.
In default of the submission of a statement as to the loss, he shall
be entitled to two months' pay if he is an officer and one month's pay
if he is an ordinary seaman, and also a free passage with maintenance
to the place of discharge specified in the agreement, or, if the provisions
of section 13 apply, respecting the termination of the agreement at a
Swedish port, and he is dismissed abroad, a free passage to the nearest
Swedish port.
Seaman's Right to Claim his Discharge
35. If a seaman shows that he can obtain the command of a vessel
or promotion to the rank of mate or engineer or to a higher grade ásmate or engineer than he actually holds, or that any circumstance
has arisen after his engagement which renders it essential to his interests.
SEAMEN'S ACT,
1922
163
that he should be released from service, he shall be entitled to take
his discharge, provided that he furnishes another competent man in his
place without increased expense to the shipowner.
In such case wages shall be due for the time during which the seaman
has actually served.
36. If a malignant disease which has become epidemic is prevalent
in the port of destination of the vessel, and this fact has not come to
the knowledge of a seaman till after his engagement, he shall be entitled
to take his discharge—immediately if the voyage has not begun, or
otherwise at the first port at which the vessel calls after he has become
aware of the circumstances. In the latter case wages shall be due for
the period during which the seaman has actually served.
The same provisions shall apply when there is danger of the vessel
being seized by a belligerent power or exposed to war damage, or where
the said danger is materially increased.
37. If a seaman is engaged for a specified voyage and the route is
materially altered, he shall be entitled to take his discharge—immediately if the voyage has not begun, otherwise at the first port at which
the vessel calls after he has become aware of the change.
If a seaman leaves his employment on account of a change in the
voyage, he shall be entitled to compensation for the loss which he
suffers thereby, up to a maximum of one month's pay if he is an officer
and half a month's pay if he is an ordinary seaman, together with a free
passage and maintenance to the place where he was engaged, if he left
his employment before the beginning of the voyage, or otherwise to
the place for paying off. In default of the submission of a statement
respecting the loss, the seaman shall be entitled to the sum here fixed
as the maximum compensation.
38. If a vessel is not in a seaworthy condition for the proposed
voyage, or if it is so imperfectly equipped or ill-manned, or so heavily
or unsuitably loaded or so unsuitably ballasted, that danger to the
lives of those on board may be anticipated on that account during the
voyage, or if the accommodation of the crew is manifestly unhealthy
at the beginning of the voyage and the captain fails to take the measures
necessary to remedy existing defects and abuses, the seaman shall be
entitled to take his discharge and to receive compensation as provided
in section 34.
The same provisions shall apply if the captain fails to comply with a
demand for an inspection of the vessel, contrary to the provisions of
section 59.
39. If a seaman shows that he has been ill-treated by the captain,
or ill-treated by others on board without receiving from the captain
the protection appealed for, or that the captain has failed to provide
him with proper food, he shall be entitled to take his discharge and
to receive compensation as provided in section 34.
40. If a vessel is sold to an alien or ceases in any other way to be
Swedish, the seamen shall be entitled to take their discharge and receive
compensation as provided in section 34.
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SWEDEN
If any other change in the ownership of the vessel or a change of
captain takes place, this shall not be a lawful cause for a seaman to
leave his employment.
Termination of Agreement on Loss of Vessel
41. If a vessel is lost in consequence of an accident at sea or is
declared incapable of repair after an accident at sea, the seamen's
agreements shall cease to be valid unless they contain any stipulation
to the contrary, provided that the seamen shall be bound to-take part
in salvage operations, and to remain at the place in question until the
declaration has been filed, in return for wages and maintenance.
If a Swedish seaman's engagement is terminated abroad in consequence
of the loss of a vessel, he shall be entitled to a free passage to his domicile
in- Sweden, with wages and maintenance during the voyage. The
expenses of the seaman's passage home and maintenance shall be
defrayed out of State funds. Nevertheless, the seaman shall be bound
to accept employment on another vessel in accordance with the provisions
of section 28, paragraph 1.
A Swedish seaman shall be entitled to compensation from the shipowner for the loss of his effects when a vessel is lost, in accordance
with rules laid down by the Crown.
Equality of Treatment for Foreign and Swedish Seamen
42. The Crown shall be empowered to order the extension to foreign
seamen of advantages guaranteed to Swedish seamen under sections 28
and 41, on the basis of reciprocity.
Disputes respecting Conditions of Employment
43. If a seaman is dissatisfied with the account drawn up by the
captain for paying off, he shall be entitled to require the registration
officer (mönstringsförrättare) to verify its accuracy.
If a dispute arises between the captain and a member of the crew
respecting the conditions of employment, while the vessel is at any place
outside Sweden, the dispute shall be referred for settlement to the
Swedish consul at the place in question, or, in default of such or in the
event of any hindrance to his intervention, to the Swedish consul next
encountered during the voyage.
The decision of the registration officer or consul shall be operative,
pending the submission of the case to a Swedish law court for investigation.
CHAPTER III. — SERVICE OX BOARD SHIP
Command of the Vessel
44. The captain shall exercise supreme authority on board.
45. It shall be the special duty of the mate to assist the captain in
the navigation of the vessel and in making observations and calculations
SEAMEN'S ACT,
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165
in connection therewith; except as otherwise provided under section 47,
to exercise supervision over the crew and over the vessel with all its
appurtenances and equipment; to oversee loading and unloading, and
likewise to provide for the keeping oí the requisite register of cargo;
and also to supervise the stowage of cargo and stores.
The provisions of the Maritime Code (Sjòlag) shall govern the mate's
responsibility for keeping the ship's log-book.
46. If the captain is absent or unable to act, the mate (or, where
there is more than one mate, the senior on board at the time) shall
be empowered to give orders respecting matters not admitting of delay
in cases where the captain has not given instructions.
If the captain dies or is incapacitated for the command of the vessel
or resigns his post, the mate (or, where there is more than one mate,
the senior) shall take his place, pending the appointment of a new captain.
47. It shall be the special duty of the engineer to direct engine-room
duties and to take responsibility for the working, minding, and maintenance of the vessel's engines and the plant and apparatus connected
therewith, and also of the vessel's hull in so far as it lies within the
engine-room and boiler-room, with the coal bunkers, tanks, and alleyways connected therewith; to supervise the supply of coal and other
requisites for the engines, and to check the quality and quantity thereof
when taking them in; and to exercise supervision over the engine-room
staff and over the accommodation assigned to the said staff.
If any accident occurs or any defect is observed in the parts of the
vessel, appurtenances and equipment mentioned in paragraph 1, he
shall inform the captain thereof without delay.
The provisions of the Maritime Code shall govern the engineer's
responsibility for keeping the engine-room log-book.
48. If. there is more than one engineer on board the vessel, the chief
engineer shall be responsible for the fulfilment of all engine-room duties.
He shall assign the engineers their tasks.
If the chief engineer is absent or unable to act, the senior among
the other engineers on board shall be empowered to give orders respecting matters not admitting of delay in cases where the chief engineer
has not given instructions.
General Duties in the Service
49. The captain and all other officers shall treat their subordinates
considerately and reasonably. Corporal punishment shall not be
administered to any person.
Every person shall behave decently, soberly, and peaceably, shall
treat his superiors with courtesy, and shall faithfully observe all regulations for the maintenance of order and discipline on board. When a
subordinate receives an order, he shall show by a olear and appropriate
response that he has understood it.
50. It shall be the duty of every seaman faithfully to obey. the
orders of his superior officers respecting his duties, to take care of the
166
SWEDEN
vessel and cargo, and in all other respects to fulfil his duties carefully
and zealously.
If any damage is caused by a seaman's error or negligence in the
performance of his duties, he shall be bound to pay compensation for
the same, provided that the court shall be empowered to reduce the
said compensation to a reasonable extent in accordance with the evidence,
with due regard to the slightness of the error or negligence, the extent
of the damage, or other circumstances.
Entering on Employment and Absence therefrom, and bringing Goods
on Board
51. A seaman shall report for service on board at the time specified
for the same. He shall not quit the vessel thereafter without leave.
If a vessel is at anchor in port or in a safe anchorage elsewhere, a
seaman shall not be refused leave to go ashore during his free time,
provided that his remaining on board is not required to ensure the
safety of the vessel, cargo, or persons on board, the performance of
necessary duties, or the impending sailing or warping of the vessel.
A seaman shall be entitled to use the ship's boats when possible, free
of charge, to go ashore.
If a seaman is prevented from coming on board at the proper time,
he shall inform the captain thereof without delay.
52. If a seaman who has signed on with a vessel fails to report for
service at the proper time, or goes ashore without leave, or fails to
return at the proper time after having gone ashore, and the vessel has not
a sufficient crew without him, the captain shall be empowered to require
the competent police authorities to bring him on board.
53. If a seaman deserts, the captain shall be entitled to sell any
of his effects, which are left on board, in any suitable manner.
If the proceeds of the sale and the wages in hand are more than sufficient to meet the shipowner's claim for compensation, the seaman shall
be entitled to draw the outstanding amount within a year of his desertion; if he fails to request this within the said period, the moneys shall
be forwarded by the shipowner to the Board of Trade and applied in
the manner specified in section 69.
54. A seaman shall be entitled to bring with him any requisites
for personal use in reasonable quantity, provided that the vessel and
cargo are not exposed to risk nor disorders created on board thereby.
He shall not bring on board goods for commercial purposes, either on
his own account or on behalf of another, without the captain's leave.
A seaman shall be bound to pay freight on any goods unlawfully
brought on board by him; in the event of damage he shall also pay
compensation.
If there is reason to believe that goods have been brought on board
unlawfully, the captain shall be entitled to have a search made in the
crew's lockers, etc. (gommor). The captain may take charge of any
such goods found, and send them ashore, or, if necessary, throw them
overboard.
SEAMEN'S ACT,
1922
167
Work on Board Ship, Provisions, and Hygienic Conditions
55. Work on board ship shall be arranged with due regard to the
rating of each person.
The person directing the work shall be bound to see that the requisite
action is taken to prevent accidents and danger to health, in accordance with the regulations in force.
57. The captain shall see that the crew receives good and sufficient
food in accordance with the regulations issued by the Crown.
If the captain considers it necessary to reduce the supply of food
during the voyage, the crew shall be entitled to receive reasonable
compensation for the same.
The captain shall be entitled to prescribe suitable changes in diet,
with due regard to climate and health, provided that the crew's rights
shall not be infringed thereby.
If provisions are weighed out, the captain shall not refuse the crew
the right to check the weights.
The captain shall not contract for the feeding of the crew.
58. The captain shall supervise hygienic conditions, accommodation,
and cleanliness on board, and shall see that the regulations concerning
these matters are strictly observed.
Use of Compulsion
60. If it is found necessary for the maintenance of order and discipline on board, the captain, or the person taking the command in
his place in the event of his absence or inability to act, may ensure
obedience by the use of compulsion. If the vessel is in danger or a
mutiny breaks out on board, or in any other case of need, he shall
have the right to meke use of any means necessary to enforce obedience
or the restoration of order; and every member of the crew shall be
bound in such case to render the captain the requisite assistance, even
without a special order.
If any person who refuses to obey orders is injured, the person responsible for the same shall be held guiltless, provided that il is not shown
that gieater force was used than was necessary.
61. If any member of the crew, at a time when the vessel is not
in a Swedish port, commits an offence such as to entail a heavier penalty
than imprisonment, the captain shall be bound to hold an enquiry
respecting the offender as provided in section 64 as soon as possible,
unless the offence is dealt with by the authorities at the place in
question.
The captain shall see that the offender does not leave the vessel, and
for this purpose shall be entitled to keep him on board under guard
if necessary until he can be delivered to the Swedish consul or to the
police authorities within the kingdom, provided that the captain shall
be responsible that the offender is not treated more harshly than is
needful.
168
SWEDEN
CHAPTER IV. — DISCIPLINARY PENALTIES
62. The captain shall be entitled to punish any seaman by withholding his wages for not less than one and not more than seven days
in the following cases:
(1) if he fails to report for service at the proper time, or goes ashore
without leave, or fails to return at the proper time after having
gone ashore;
(2) if he neglects to notify any circumstance which prevents his
coming on board at the proper time;
(3) if he causes any damage or risk by negligence in service;
(4) if he is drunk on duty;
(5) if he wastes stores, or deals with them improperly in any other
way;
(6) if he is accessory to the concealment on board of persons not
belonging to the vessel, or if he brings any person on board in
defiance of a prohibition;
(7) if he unlawfully brings on board intoxicating drink or anything
else which may give rise to disorder or danger, or if he unlawfully removes his effects from the vessel;
(8) if he behaves improperly towards a superior officer, or fails to
comply with the orders of a superior officer respecting his duties;
or
(9) if he stirs up a quarrel or other disorder on board or elsewhere
in employment, or acts in any other way contrary to order
and discipline.
Nevertheless, the above-mentioned penalties shall not be imposed
on board a vessel engaged in voyages in home waters or in the Sound.
.63. A penalty shall not be imposed less than twelve hours or more
than seven days after the commission of the offence, except in case of
special reason to the contrary.
64. Before a penalty is imposed, an enquiry shall be held to procure
an account of the offence and the details of the circumstances. The
enquiry shall be held by the captain in the presence of two assessors
(gode man) chosen by the captain from among the most experienced
men. Whenever possible one of them shall be a mate or engineer and
the other an ordinary seaman ; provided that if the person whose conduct
is under enquiry is f mate or engineer, both the assessors shall if
possible be officers.
The seaman and the persons deemed capable of giving information
in the case shall be heard at the enquiry. Both the seaman and the
assessors shall be entitled to require that questions be put respecting
matters which may contribute to the elucidation of the case. The
declarations made, and likewise the captain's decision, shall be entered
in the log-book and read before the seaman and the assessors. The
correctness of the entries shall be attested by the signatures of the
SEAMEN'S ACT, 1922
169
captain and the assessors, and the latter shall be entitled to append
thereto any observations to which the enquiry may give rise.
If the captain fpils to observe the foregoing provisions respecting
procedure at ah enquiry, the decision respecting the penalty shall be
void.
If a seaman desires to appeal against a decision of the captain as
provided below, he shall be entitled to a copy of the entries made in
connection with the enquiry and of the decision.
65. The penalty shall be proportionate to the more or less serious
nature of the offence, the circumstances in which it was committed,
and the delinquent's previous conduct. If the offence is considered
trivial and there is reason to believe that it can be dealt with satisfactorily by a mere warning, a penalty shall not be imposed.
The captain shall not be entitled to institute legal proceedings or
require the institution of such proceedings in respect of an offence for
which he has imposed a penalty, unless he expressly reserved his right
to do so in the decision imposing the penalty.
66. The captain shall be entitled to remit a penalty either wholly
or in part before the seaman leaves his employment, if occasion arises
for the same.
The decision respecting the remission of a penalty shall be entered
in the log-book and signed by the captain and two witnesses ; in default
thereof the decision shall be void.
67. If a seaman is aggrieved by a decision of the captain imposing
a penalty on him, he shall be entitled to demand the reconsideration
of the decision, either when the crew is paid off, by the registration
officer concerned, or even before paying off, by the registration officer
at the first port on the voyage where one is to be found and where it
is expected that the vessel will lie at least two days. The registration
officer shall enquire whether the penalty can be deemed to be lawfu»
and reasonable, and shall issue a decision thereon. The decision shall
be entered in the log-book and a copy thereof shall be supplied to the
seaman on request.
In default of an investigation of the captain's decision in the manner
here provided, the seaman shall be entitled to refer hie appeal to a
Swedish court of law within one year of the paying off, or, if paying off
does not take place, within one yesr after he leaves his employment.
68. In the case mentioned in section 67, paragraph 1, if the captain
or the seaman is aggrieved by the decision of the registration officer, he
shall be entitled to lodge with the president of the town court (râdstuvurätt) a demand for the investigation of the said decision, provided
that the decision was given in a town where there is such a court. If
the decision of the registration officer was given abroad or within the
kingdom at a place where there is no town court, the said demand shall
be addressed to the president of the town court on the vessel's arrval
at the first port where there is a town court and where it is expected
that the vessel will lie at least two days. The said demand shall be
made as soon as possible, and in any case in good time before the
vessel's sailing. The investigation shall be undertaken by the president
170
SWEDEN
of the town court or by any other legal member of the court whom
the court appoints for the purpose.
If an investigation as here specified is required, the judge shall without
delay summon the captain and the seaman and any other persons deemed
capable of giving information in the case, and the captain shall also be
requested to bring the log-book ; if the registration officer is at the place
in question, he also may be summoned. Any person failing to obey the
summons may be fined, and enjoined under a penalty, which may be
fixed at the same time, to comply with the summons. When the judge
has heard the plaintiff and any others whom he thinks it necessary to
hear, he shall without delay give his verdict on the case. The verdict
shall be entered in the log-book. No appeal shall be admitted against
the verdict.
If the judge finds that he cannot settle the case owing to the vessel's
sailing from the place in question he shall be entitled to dispense with
further consideration thereof.
In default of an investigation of the decision of the registration officer
in the manner here provided, the provisions of section 67, paragraph 2,
shall apply to the right of the captain and the seaman to appeal against
the decision to any Swedish court.
69. Any wages forfeited by a seaman under a penalty shall be
delivered by the captain to the registration officer when the crew is
paid off, in return for a receipt, which shall be placed in or kept with
the log-book; if the crew is not paid off, the sum shall be delivered to
the superintendent of the seamen's office in the first Swedish port where
the vessel calls after the seaman has left his employment. A copy of
the decision respecting the penalty shall also be handed over therewith
and likewise a copy of the entries in connection with the enquiry under
section 64. The moneys and the copies shall be sent to the Board of
Trade.
The wages here mentioned shall be applied for the relief of seamen
and their dependants, in accordance with regulations issued by the
Crown.
CHAPTER VI. — PROVISIONS RESPECTING LIABILITY TO PENALTIES
73. The captain or his representative shall be liable to a fine in the
following cases:
(1) if he employs a child under 14 years of age on board ship or a
young person who has not attained the age of 16 years in stoking;
(2) if he refuses to supply any person engaged with a wages book;
(3) if he evades any responsibility incumbent upon him under this
Act in respect of a sick or injured person or the prevention of
risk of infection for persons on board;
(4) if he fails to observe the provisions of this Act respecting the
holding of an enquiry before any person is dismissed ;
(5) if he fails to comply with the decision of the registration officer
or the consul in the case mentioned in section 43;
SEAMEN'S ACT,
1922
171
(6) if he refuses without lawful cause to grant leave to any person
to go ashore in his free time;
(7) if he contravenes the provisions of this Act respecting the supply
of food; or
{8) if he fails to fulfil the requirements of section 59, last paragraph,
in respect of the report there mentioned.
The shipowner shall be liable to the same penalties as the captain
if the offences mentioned under Nos. (1), (5) and (7), are committed
with his knowledge and consent.
In the case mentioned under No. (1), if the employment of the child
or young person takes place with the knowledge and consent of the
father or guardian, the said father or guardian shall also be liable to
a fine not exceeding 50 kronor.
74. If the captain or his representative abuses the right òf compulsion or the right to place under guard any person employed on the
vessel, or the right of punishment as granted under this Act, or if he
treats any person employed on board with undue severity, he shall
be fined or imprisoned for not more than six months, unless the offence
in question entails a heavier penalty under the common law.
If specially aggravating circumstances are present, he may also be
sentenced to forfeiture either for a specified period or permanently of
the right to command a vessel in cases where special conditions are
laid down for the exercise of this right. The court shall without delay
notify the Board of Trade of any such penalty.
75. If a seaman, with intent to evade service, fails to report himself on board when due, or if for the same purpose he unlawfully leaves
the vessel, he shall be liable to imprisonment for not more than one year,
or a fine, if desertion has taken place in such circumstances that the
vessel or human life is exposed to danger thereby or in any o*her specially
aggravating circumstances.
If a seaman who has signed on with a vessel is guilty of desertion in
any other circumstances, he shall be sentenced to pay a fine.
76. Any person who incites a seaman to aesert or assists him in
desertion either by word or by deed shall be liable to a fine or to imprisonment not exceeding one year.
77. Any person employed on board who defies the captain or the
person issuing orders in his stead, and refuses to obey him, shall be
liable to a fine, or, in the event of the presence of specially aggravating
circumstances, to imprisonment for not more than one year.
Any person who assaults the captain or any other superior officer,
or threatens such person with violence, either to compel him to take
some action in connection with the service or to hinder him therefrom,
or to take vengeance upon him for such action, shall be liable to
imprisonment, or, under particularly aggravating conditions, to penal
servitude (straffarbete) for not more than two years. If specially
extenuating circumstances are present he may be fined.
78. If a mutiny breaks out on board, the instigators or leaders
thereof shall be liable to imprisonment or to penal servitude for not
172
SWEDEN
more than two years, and other persons taking part therein to imprisonment for not more than six months, or to a fine if specially extenuating
circumstances are present. If acts of violence are committed against
any person or property during the mutiny, the instigators or leaders
may be sentenced to penal servitude for not more than six years, and
other persons taking part therein to penal' servitude for not more than
two years.
The provisions of chapter 4, section 1, of the Penal Code shall apply
to the imposition of penalties on offenders in respect of violence or other
crime committed in connection with a mutiny.
79. Any person employed on board a vessel who through carelessness or negligence in service causes an accident at sea shall be liable
to a fine or to imprisonment for not more than one year, unless the
offence entails a heavier penalty under the common law.
If the guilty person is a mate or engineer, and specially aggravating
circumstances are present, he may also be declared to have forfeited
his right to hold such rank either for a specified period or permanently,
in cases where special conditions are laid down for the exercising of
the said right. The court shall without delay inform the Board of Trade
of any such penalty.
80. Any person employed on board who, without the captain's
leave, takes with him goods the carriage of which exposes the vessel
or the cargo to danger shall be fined, or imprisoned for not more than
six months.
81. Any person who against his better knowledge causes an inspection to be made, as specified in section 59, shall be liable to a fine or to
imprisonment for not more than one year.
82. Any person employed on beard who is guilty of an offence in
the service in any way otherwise than as specified above, or who is
guilty of a breach of order or discipline, shall be liable to a fine.
83. If any person who has committed any contravention mentioned
in sections 75-82 has undergone a penalty in pursuance of section 62
for the action in question, the court shall decide as to the penalty for
the offence with reasonable regard to this, and in such case the penalty
may be fixed lower than would otherwise have been the case or may
be wholly remitted, according to the circumstances.
84. Proceedings shall not be instituted by the public prosecutor in
respect of an offence as specified in sections 73, No. (6), 75, 76, 77 (paragraph 1), 81, or 82, unless the plaintiff has reported the offence for
action ; if the offence entails a penalty under the common law, the provisions of such law shall apply respecting the right to institute proceedings.
85. The provisions of the common law shall apply to penalties
imposed under this Act, in so far as no provisions to the contrary are
laid down above.
SEAMEN'S ACT,
1922
173
CHAPTER VII. — COURTS OF LAW AND LEGAL PROCEDURE
86. Disputes to be settled by courts of law under this Act shall be
referred to the town court in the town where the defendant has his
residence or where the vessel is lying; if the residence of the defendant
is not in a town which has a town court, or if the vessel is lying at a
place where there is no town court, the dispute shall be referred to the
town court nearest to either place.
If the vessel has more than one owner, its port of registry shall be
deemed to be the owners' place of residence.
87. If the parties have agreed to refer the dispute to a specified
town court other than that within whose competence it falls under
section 86, the court in question may be applied to.
88. If any person brings claims against both the master and the
owner on account of the captain's action or neglect, he shall be entitled
to refer both to the court where either is liable to appear.
89. An offence to be dealt with by the courts under this Act shall
be dealt with by the town court of the town in question if the offence
was committed in a town with a town court, but if the offence was
committed at a place where there is no town court it shall be dealt
with by the nearest town court. If the offence was'committed during
the voyage, the case shall be submitted to the town court in the town
at which the offender first arrives on board the vessel, or where he
is met with in any other way ; if the said place is not within the competence of a town court, the case shall be referred to the nearest town
court.
90. The captain shall see that a copy of this Act is accessible on
board. If he fails to fulfil his duty in this matter, he shall be fined not
more than 100 kronor.
This Act shall come into operation on 1 January 1923.
In any place in any Act or special Decree where there is a reference
to a law which is replaced by provisions in this Act, the said provisions
shall apply instead thereof.
FINLAND '
1
See introductory note to Denmark (page 117) which also contains information on the legislation concerning seamen in Finland (Seamen's Act of
8 March 1924).
This note mentions in addition the Draft Conventions (Genoa 1920 and
Genova 1921) which have been ratified by Finland.
176
FINLAND
Seamen's Act1
[Dated 8 March 1924]
CHAPTER I. — CAPTAIN'S AGREEMENT
1. The shipowner shall provide for the drawing up of a written
agreement with the captain respecting the terms of his engagement.
2. If no mutual arrangement has been made respecting the period
of validity of the agreement, the agreement shall be deemed to expire
three months after the giving of notice by either party; provided that
if the vessel is on a voyage at the time of the expiry of the agreement,
the agreement shall be terminated at the first Finnish port where the
vessel calls for loading or unloading. Nevertheless, if the captain has
been employed for a year and a half on a sailing vessel or one year on
any other vessel, he shall also be entitled to withdraw from the agreement, three months after giving notice, in a foreign port where the vessel
is loading or unloading.
3. The captain may be dismissed from his command by the owner
at any time.
If he is dismissed before the expiration of the period for which the
agreement was concluded, otherwise than for one of the reasons mentioned in section 4 or section 5, he shall be entitled to compensation
for the loss which he suffers thereby.
In default of the submission of a statement as to the loss, he shall
be entitled to receive his pay for three months, together with a free
passage, including maintenance, to the place specified in the agreement
for leaving his command, or, if section 2 applies and he is dismissed
abroad, to the nearest Finnish port.
4. If the captain is dismissed on account of an illness or injury
rendering him incapable of commanding the vessel, hé shall be entitled
to his pay for the remainder of the period of currency of the agreement,
up to a maximum of three months.
The provisions of paragraph 1 shall not apply if the captain has incurred the sickness or injury intentionally or through criminal action
or negligence or other grave fault, or if he concealed it at the time of
the conclusion of the agreement; in such case the captain shall not be
entitled to his pay beyond the period for which he has served.
5. If the captain is dismissed for incompetence, dishonesty, a grave
error, or gross negligence in the performance of his duties, he shall not
be entitled to his pay beyond the period for which he has served.
1
Extract from the Legislative Series of the International Labour Office.
See the complete translation of the law in L. S. 1924 — Fin, 1.
SEAMEN'S ACT, 1924
177
6. If the vessel is lost through an accident at sea or if it is declared
incapable of being repaired after an accident at sea, the agreement
shall expire, unless it contains a stipulation to the contrary; provided
that the captain shall be bound to remain on duty and deal with matters
affecting the vessel and the cargo in return for his pay. lodging and
maintenance.
The provisions of section 41 respecting seamen shall apply to the
captain's right to a free passage home, with pay and maintenance
during the voyage and compensation for any lost effects.
7. The provisions of section 25, paragraphs 1 and 2, and of sections 28
and 30 respecting seamen shall apply correspondingly as regards the
captain's pay in case of death, medical attendance and a free passage
home in case of illness, and burial.
8. If the captain has a share in the freights (primage) earned by
the vessel, or in any other earnings on the voyage, or a share in the
owner's profits (commission), and the agreement expires before the
end of the voyage or of the financial year, the crptain shall be entitled
to such part of the remuneration thus guaranteed as is due on his
term of service in proportion to the whole voyage or financial year.
If the captain is entitled to receive his pay beyond the period for which
he has served, in pursuance of sections 3, 4, 6 or 7, the part of the said
remuneration for the period after he has left his employment shall be
equal to the amount by which twice the pay of the first mate exceeds
his fixed pay as captain.
CHAPTER II — CREW'S AGREEMENT
Conclusion of Agreement
9. The captain shall be entitled to engage the crew of the vessel,
both officers and men, on behalf of the shipowner.
He shall consult the chief engineer when engaging the engine-room
crew.
10. Boys under fourteen years of age shall not be employed on board
ship, and young male persons under eighteen years of age shall not be
employed as stokers or coal trimmers on steam vessels.
Before a young person under eighteen years of age is engaged on
board ship, his age shall be established by means of a certificate from
the priest or from some other public authority, which shall be issued
free of charge Further, it shall be ascertained by means of a medical
examination paid for by the shipowner that the employment will not
be injurious to the health or physical development of the young person.
If the young person is engaged for a considerable period, it shall be
ascertained by medical examination at regular intervals of not more
than one year that the continuation of the employment will not be
injurious to him; if the interval at the end of which the medical examination should be made expires during a voyage, the employment may
be continued until the end of the voyage without the making of a reexamination.
12
178
FINLAND
The provisions of paragraph 1 shall not apply to training or practice
vessels, work on which is approved and supervised by a public authority.
Girls under eighteen years of age shall not be employed on board
ship.
A young person who has attained the age of eighteen years may make
a seaman's agreement on his own account.
11. When a seaman has been engaged, he shall be furnished by the
captain with a wages book drawn up in accordance with the form prescribed by the Shipping Board, which shall contain:
(1) the seaman's full name, year and day of birth, birthplace and
domicile ;
(2) rating at which the seaman is engaged ;
(3) voyage or period for which the agreement is valid, or place for
paying off the crew, or period of notice agreed upon;
(4) wages agreed upon, and also an estimate of the time to be occupied
by the voyage if the wages are fixed at a certain sum for the
voyage;
(5) overtime pay agreed upon, where such pay is not fixed by law;
and
(6) all other conditions of engagement.
Entries shall be made in the wages book respecting the beginning
and end of the employment, and likewise the giving of notice to terminate the agreement and the date for the same. Overtime pay earned
by the seaman, and also any part of his wages or overtime pay issued
or deducted, shall likewise be entered in the wages book; in case of
payment in any other currency than that in which the wages are fixed,
the rate of exchange shall be stated.
The regulations issued by Order shall apply to the signing on and
discharging of seamen and to the procedure in connection therewith.
Period of Validity of Agreement
12. If a seaman is engaged for a specified period or subject to the
giving of a specified notice and the period or notice expires during
the voyage, the agreement shall remain in force until the vessel arrives
at the next port for loading or unloading.
13. If no mutual arrangement has been made respecting the period
of validity of t h ; agreement, either party shall be entitled to give notice
to terminate the agreement at any port where the vessel calls for loading
or unloading; provided that, if the seaman is Finnish and engaged in
Finland, notice shall not be given by either party to terminate the
agreement elsswhere than in a Finnish port for loading or unloading.
The period of notice shall be one month if the seaman is an officer
and one week if he is an ordinary seaman.
14. If a seaman has been engaged for a specified period or voyage
and remains in the same employment after the termination of the
period or voyage without making a new agreement, either party shall
be entitled to give the notice mentioned in section 13, paragraph 2,
SEAMEN'S ACT, 1924
179.
to terminate the agreement at any port where the vessel calls for loading
or unloading.
15. A seaman who has served on board a sailing vessel for a year
and a half, or on any other vessel for one year, since last signing on,
shall be entitled to give notice as specified in section 13, paragraph 2,
to terminate the agreement at any port where the vessel calls for loading
or unloading, notwithstanding any agreement to the contrary. 16. A seaman who is entitled to withdraw from his agreement
under the agreement itself or under the provisions of this chapter
shall be bound to continue to serve when the vessel reaches port, in
order to assist in work which must be carried out, but not for more
than two days (or in the case of a sailing vessel four days) after the date
of arrival.
If a declaration is to be filed, the seaman shall be bound to remain
on the spot until the said declaration has been filed, in return for wages,
lodging and maintenance.
17. If the authorities in any foreign place where a seaman is due
to leave his employment fail to authorise his entry into the said foreign
country, or if security which he cannot furnish is demanded for his
admission, the operation of the agreement shall be continued until
his vessel arrives at a place where no such hindrance to his discharge
exists.
Wages
18. In addition to their wages, the crew shall receive free rations,
unless the agreement contains any stipulation to the contrary.
Wages shall be due on and from the day on which the seaman begins
his work on board, or, if he has to make a journey from the place of
engagement in order to reach the vessel, on and from the day on which
the journey begins.
Wages shall be due to and including the day on which he leaves his
employment, or, if the crew is paid off, to and including the payingoff day, unless his right to wages has ceased earlier under the provisions
of this chapter.
Wages shall not be due for any time during which a seaman absents
himself from work unlawfully.
For the purpose of calculating wages for parts of a month, a month
shall be reckoned as thirty days.
If it is found at the final settlement of accounts that a seaman has
received more in advances than is properly due to him, he shall nevertheless be entitled to keep the sums which he has received if his employment is terminated as provided in sections 25, 32 (paragraph 1), 34 or
38 to 41.
19. A seaman shall not be entitled to demand payment of his wages
unless the vessel is lying in port, nor more often than once a week.
Wages shall be paid in cash, unless the seaman asks for a draft on
the owner. Payment may be demanded in local currency, at the rate
of exchange which banking establishments at the place in question
pay for the currency in which the wages are fixed.
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FINLAND
Any Finnish seaman who wishes to send part oí his wages to Finland
from a foreign country shall be entitled to avail himself of the services
of the Finnish consul for this purpose, free of charge, in accordance
with the regulations issued by the Council of State, and the State shall
be responsible for such transmissions of moneys.
20. A seaman shall be entitled to require that a certain part of his
wages be paid monthly to a specified person in Finland in accordance
with an allotment note, or deposited in a Finnish bank in his name.
The amount of the allotment note shall not be reduced without
the seaman's consent, except to the extent by which the remainder
of his wages fails to cover any disciplinary fines imposed on him or to
meet claims arising out of the employment which are indisputable or of
which the seaman recognises the justifiability.
21. The captain shall be entitled to retain one-third of the cash
wages due to the seaman on each pay-day until the seaman leaves
his employment. Nevertheless, the amount thus retained shall not at
any time exceeed half a month's wages.
22. If wages are fixed at a certain sum for the voyage, the entry
made in the wages book concerning the anticipated duration of the
voyage shall apply for the purpose of calculating wages if they have
to be paid before the end of the voyage.
23. If the route is changed so that the voyage proves longer than
was anticipated at the time of engagement, the seaman shall be entitled
to a proportionate addition to his wages if they were fixed at a certain
sum for the voyage; if the voyage is otherwise prolonged, additional
wages reckoned on the basis of the current monthly wages at the place
of engagement shall be paid for the excess time. If the voyage takes
less than the time estimated, the agreed wage shall nevertheless be
paid in full.
24 If the crew is reduced during the voyage, the wages thus saved
for the time while the vessel is at sea shall be divided between the
remaining members of the crew in proportion to the increased work
assigned to each.
25. If a seaman dies, his wages shall be due to and including the
date of his death, provided that his right to wages has not ceased earlier
under the provisions of this chapter.
If the vessel is lost with all hands, and it is impossible to obtain
information as to the date on which the loss occurred or must be deemed
to have occurred at latest, for the purpose of calculating wages it shall
be held that the seaman's death took place at the expiration of the
time which could reasonably be allowed for the voyage from the place
where the vessel was last heard of to its destination, taking into account
the nature of the vessel and the season.
If the agreement lapses because the seaman fails to fulfil the conditions laid down in section 10, paragraphs 1, 2 and 4, he shall be entitled
to his wages for the period for which he has served.
SEAMEN'S ACT,
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181
Attendance during Illness, and Burial
26. A seaman shall be bound to submit to medical examination
when so required by the captain, provided that no expense shall be
entailed on him thereby.
27. If a seaman is ill or injured, the captain shall see that he receives
the necessary care on board or ashore. The said care shall include
maintenance, medical attendance, medicines, etc.
If there is reason to suppose that a seaman is suffering from an illness
involving danger to those on board, the captain shall have the sick
man medically examined if possible. If adequate precautions against
infection cannot be taken on board, the captain shall have the sick
man put ashore.
If a sick or injured seaman cannot take care of his effects himself,
the captain shall take charge of them.
If a sick or injured seaman is left behind in a foreign country, the
captain shall put him in charge of the Finnish consul, or, in default of
a Finnish consul at the place in question, he shall ensure him proper care
in some other way, and also notify the nearest Finnish consul of the
measures taken.
28. The expenses of attendance for the seaman during illness shall
be defrayed by the shipowner as long as the employment lasts. If a
sick or injured seaman leaves his employment on the expiry of the agreement or is discharged earlier otherwise than for the reasons mentioned
in section 33, he shall also be entitled to attendance at the expense of
the shipowner after the termination of his employment, but not for more
than six weeks (or, if he isa Finnish subject and is under care abroad,
twelve weeks) after paying off; if paying off has not taken place, this
period shall be reckoned from the date when the vessel proceeded on
its voyage. In the last-mentioned case, a Finnish seaman whose employment is terminated abroad shall further be entitled to a free passage
home, with maintenance, to his domicile in Finland. If employment
can be provided for him on a vessel bound for Finland or for a place
whence he can conveniently travel home, he shall be bound to accept
the said employment, provided that his state of health admits thereof
and that lie is engaged-at a rating not lower nor worse paid than that at
which he was previously engaged.
The provisions of paragraph 1 shall not apply to a seaman who has
incurred illness or injury intentionally or through criminal action or
negligence or other grave fault or who has concealed the same when
concluding his agreement; in such case the seaman himself shall be bound
to defray the expenses of attendance during illness, and shall not be
entitled to a free passage home. The shipowner's outlay for expenses
may be deducted from the seaman's pay.
If a Finnish seaman is left in a foreign country on account of venereal
disease at a communicable stage, the expenses of medical attendance,
medical treatment, medicines, etc., for the period subsequent to the
termination of his employment shall be defrayed out of State funds
in accordance with regulations issued by the Council of State.
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29. If a seaman dies, the captain shall provide for his burial and
inform his next-of-kin of his death.
The captain shall also have an inventory made of the effects of the
deceased left on board and shall likewise see that his property is handed
over to his heirs or to any person acting on their behalf. If death takes
place abroad and the property in question cannot be kept on board
without damage or inconvenience, the captain shall either hand it over
to the nearest Finnish consul or have it sold in a suitable manner; and
in the latter case the captain shall be bound to account for the proceeds
of the sale to the superintendent of the seamen's office at the vessel's
port of registry on arrival at a Finnish port.
30. The expenses of a seaman's burial shall be defrayed by the
shipowner if death occurs abroad while the seaman's agreement is
still operative or while he is otherwise maintained at the shipowner's
expense.
31. If a captain is obliged to incur outlay for which the shipowner
is not liable, for the attendance during illness or burial of a Finnish
seaman in a case where the assistance of a Finnish consul cannot be
obtained, he shall be entitled to repayment of the said outlay from
State funds.
Captain's Right to discharge a Seaman
32. If a seaman is rendered incapable of performing his duties
for a considerable time in consequence of illness or injury, or if he
is suffering from an illness which involves danger to persons on board
the captain shall be entitled to discharge him. In the latter case the
seaman shall be entitled to full pay lor the whole period during which
he remains in employment, and also for the remainder of the period
of currency of the agreement, up to two months if he is an officer or
one month if he is an ordinary seaman.
If a seaman has incurred illness or injury intentionally or through
criminal action or negligence or other grave fault, or if he has concealed the same at the time of concluding the agreement, he shall be
entitled to his pay only for the time during which he is capable of
performing his duties, whether he is discharged or not.
33. Further, a captain shall be entitled to discharge a seaman:
(1) if he is found to be incompetent for the duties for which he was
engaged;
(2) if he fails to come on board at the proper time, and the vessel
has to sail without him or another man has to be engaged in
his stead;
(3) if he is guilty of gross neglect of duty, such as repeated refusal
to obey the orders of a superior officer, assault of a superior
officer, ill-treatment of other persons on board, or repeated
drunkenness on duty;
(4) if he is guilty of waste, fraud, or crime entailing a punishment
other than a fine, or if he is found to have concealed on board
dutiable goods or goods the export of which from the port whence
SEAMEN'S ACT,
1924
183
the vessel sails or the importation of which into the port of
destination is prohibited.
Before a seaman who is on board is discharged for the above-mentioned
reasons, an enquiry as provided in section 64 shall be held if possible.
A seaman discharged in accordance with this section shall not bo
entitled to any pay beyond the period for which he has performed his
duties.
34. If a seaman is dismissed otherwise than for the reasons mentioned
in sections 32 and 33, he shall be entitled to compensation for the loss
which he suffers thereby.
In default of the submission of a statement as to the loss, he shall
be entitled to two months' pay if he is an officer and one month's pay
if he is an ordinary seaman, and also a free passage with maintenance
to the place of discharge specified in the agreement, or, if the provisions
of section 13 apply respecting the termination of the agreement at a
Finnish port and he is dismissed abroad, a free passage to the nearest
Finnish port.
Seaman's Right to claim his Discharge
35. Jf a seaman shows that he can obtain the command of a vessel,
or promotion to the rank of mate or engineer or to a higher grade as
mate or engineer than he actually holds, or that any circumstance
has arisen after his engagement which renders it essential to his interests
that he should be released from service, he shall be entitled to take
his discharge, provided that he furnishes another competent man in
his place without increased expense to the shipowner.
In such case wages shall be due for the time during which the seaman
has actually served.
36. If a malignant epidemic disease is prevalent in the port of
destination of the vessel and this fact has not come to the knowledge
of a seaman till after his engagement, he shall be entitled to take his
discharge—immediately if the voyage has not begun, or otherwise
at the first port at which the vessel calls after he has become aware
of the circumstances. In the latter case wages shall be due for the
period during which the seaman has actually served.
The same provisions shall apply when there is danger of the vessel's
being seized in time of war or exposed to war damage, or where the said
danger is materially increased.
37. If a seaman is engaged for a specified voyage and the route
is materially altered, he shall be entitled to take his discharge—immediately if the voyage has not begun, and otherwise at the first port
where the vessel calls after he has become aware of the change.
If a seaman leaves his employment on account of a change in the
voyage, he shall be entitled to compensation for the loss which he
suffers thereby, up to a maximum of one month's pay if he is an officer
and half a month's pay if he is an ordinary seaman, together with
a free passage and maintenance to the place where he was engaged,
if he leaves his employment before the beginning of the voyage, or
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otherwise to the place for paying off. In default of the submission of
a statement respecting the loss, the seaman shall be entitled to the
sum here fixed as the maximum compensation.
38. If a vessel is not in a seaworthy condition for the voyage to
be made by it, or is so imperfectly equipped or ill-manned, or so heavily
or unsuitably loaded or so unsuitably ballasted, that danger to the
lives of those on board may be anticipated on that account during
the voyage, or if the accommodation of the crew is manifestly unhealthy at the beginning of the voyage and the captain fails to take
the steps necessary to remedy existing defects and abuses, the seaman
shall be entitled to take his discharge and to receive compensation as
provided in section 34.
The same provisions shall apply if the captain fails to comply with
a demand for an inspection of the vessel, contrary to the provisions
of section 59.
39. If a seaman is ill-treated by the captain, or is ill-treated by
others on board without receiving from the captain the protection
appealed for, or if the captain fails to provide him with proper food
or to pay the wages due to him in accordance with the law and his
agreement, he shall be entitled to take his discharge and to receive
compensation as provided in section 34.
40. If a vessel is sold to an alien or ceases in any other way to be
Finnish, the seamen shall be entitled to take their discharge and receive
compensation as provided in section 34.
If any other change in the ownership of the vessel or a change of
captain takes place, this shall not be a lawful cause for a seaman to
leave his employment. If the owner becomes bankrupt, notice may
be given by either party to terminate the agreement as provided in
section 13.
Termination of Agreement on Loss of Vessel
41. If a vessel is lost in consequence of an accident at sea or is
declared incapable of being repaired after an accident at sea, the seamen's
agreements shall cease to be valid unless they contain any stipulation
to the contrary, provided that the seamen shall be bound to take part
in salvage operations and to remain on duty until the declaration has
been filed, in return for wages, lodging and maintenance; and if the
accident takes place within the country, they shall further receive
wages for the period of notice fixed in the agreement, up to a maximum
of a fortnight.
If a Finnish seaman's engagement is terminated abroad in consequence
of the loss of a vessel, he shall be entitled to a free passage to his domicile
in Finland, with maintenance during the voyage, at the expense of
the State, and to his wages from the shipowner for the duration of
the voyage; nevertheless, the seaman shall be bound to accept employment on another vessel in accordance with the provisions of section 28,
paragraph 1.
SEAMEN'S ACT,
1924
185-
A Finnish seaman shall be entitled to compensation from the shipowner for the loss of his effects when a vessel is lost, in accordance
with rules laid down by the Council of State.
Equality of Treatment for Foreign and Finnish Seamen
42. The Government shall be empowered to order the extension
to foreign seamen of advantages guaranteed to Finnish seamen under
sections 28 and 41, on the basis of reciprocity.
Disputes respecting Conditions of Employment
43. If a seaman is dissatisfied with the account drawn up by the
captain for paying off, he shall be entitled to require the registration
officer to verify its accuracy.
If a dispute arises between the captain and a member of the crew
respecting the conditions of employment, while the vessel is at any
place outside Finland, the dispute shall be referred for settlement
to the Finnish consul at the place in question, or, in default of such
or in the event of any hindrance to his intervention, to the Finnish
consul next encountered during the voyage.
The decision of the registration officer or consul shall be operative,
pending the submission of the case to a Finnish law court for investigation.
CHAPTER III. —- DUTIES OF THE CAPTAIN AND THE CREW
Command of the Vessel
44. The captain shall exercise supreme authority on board.
45. It shall be the special duty of the mate to assist the captain
in the navigation of the vessel and in making observations and calculations in connection therewith; to assist in keeping the ship's logbook; except as otherwise provided under section 47, to exercise supervision over the crew and over the vessel with all its appurtenances
and equipment; to oversee loading and unloading, and likewise to
provide for the keeping of the requisite register of cargo taken on
board and discharged ; and to supervise the stowage of cargo and stores.
46. If the captain is absent or unable to act, the mate (or, where
there is more than one mate, the senior on board at the time) shall
be empowered to give orders respecting matters not admitting of delay
in cases for which the captain has not given instructions.
If the captain dies, or is incapacitated for the command of the vessel,
or resigns his post, the mate (or, where there is more than one mate,
the senior) shall take his place, pending the appointment of a new
captain and his taking command.
47. It shall be the special duty of the engineer to direct engine-room
duties, to take responsibility for the working, minding and maintenance
of the vessel's engines and the plant and apparatus connected therewith,
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and also of the vessel's hull in so far as it lies within the engine-room
and boiler-room, with the coal bunkers, tanks and alleyways connected
therewith; to supervise the supply of fuel and other requisites for the
engines, and to check the quality and quantity thereof when taking
them in ; and to supervise the engine-room staff and the accommodation
assigned to the said staff.
If any accident occurs or any defect is observed in the parts of the
vessel, appurtenances and equipment mentioned in paragraph 1, he
shall inform the captain thereof without delay.
48. If there is more than one engineer on board the vessel, the chief
engineer shall be responsible for the fulfilment of all engine-room duties.
He shall assign the engineers their tasks.
If the chief engineer is absent, or unable to act, the senior among
the other engineers on board shall be empowered to. give orders respecting
matters not admitting of delay in cases for which the chief engineer
has not given instructions.
General Duties of Seamen
49. The captain and all members of the crew shall treat their subordinates considerately and reasonably. Corporal punishment shall not
be administered to any person.
Every person shall behave decently, soberly and peaceably, shall
treat his superiors with courtesy, and shall faithfully observe all regulations for "the maintenance of order and discipline on board. When
a subordinate receives an order, he shall show by a clear and appropriate
response that he has understood it.
50. It shall be the duty of every seaman faithfully to obey the orders
of his superior officers respecting his duties, to take care of the vessel
and cargo, and in all other respects to fulfil his duties carefully and
zealously.
If any damage is caused by a seaman's error or negligence in the
performance of his duties, he shall be bound to pay compensation
for the same; provided that the court shall be empowered to reduce
the said compensation to a reasonable extent in accordance with the
evidence as to culpability, the extent of the damage, or other circumstances.
Entering on Employment and Absence therefrom, and bringing Goods
on Board
51. A seaman shall report for service on board at the time specified
for the same. He shall not quit the vessel thereafter without leave.
If a vessel is at anchor in port or in a safe anchorage elsewhere, a
seaman shall not be refused leave to go ashore during his free time,
provided that his remaining on board is not required to ensure the
safety of the vessel, cargo, or persons on board, the performance of
necessary duties, or the impending sailing or warping of the vessel.
A seaman shall be entitled to use the ship's boats when possible, free
of charge, to go ashore.
SEAMEN'S ACT,
1924
187
It a seaman is prevented from coming on board at the proper time,
he shall inform the captain thereof without delay.
52. If a seaman, when the vessel is in foreign waters, fails to report
for service at the proper time, or goes ashore without leave, or fails
to return at the proper time after having been ashore, and the vessel
has not a sufficient crew without him, the captain shall be entitled
to requisition the assistance of the competent police authorities to
bring him on board.
53. If a seaman deserts, the captain shall be entitled to sell any
of his effects which are left on board in any suitable manner.
If the proceeds of the sale and the wages in hand are more than
sufficient to meet the shipowner's claim for compensation, the seaman
shall be entitled to draw the outstanding amount within a year of
his desertion; if he fails to request this within the said period, the
moneys shall accrue to the seamen's office at the vessel's port of registry,
and the owner shall at once transmit them to the said office.
54. A seaman shall be entitled to bring with him any requisites
for personal use in reasonable quantity, provided that the vessel and
cargo are not exposed to risk nor disorders created on board thereby.
He shall not bring on, board goods for commercial purposes, either on
his own account or on behalf of another, without the captain's leave.
A seaman shall be bound to pay freight on any goods unlawfully
brought on board by him, and in the event of damage he shall also
pay compensation.
If there is reason to believe that goods have been brought on board
unlawfully, the captain shall be entitled to have a search made in the
crew's lockers, etc. The captain may take charge of any such goods
found and send them ashore, or, if necessary, throw them overboard.
Work on Board Ship, Provisions, and Hygienic Conditions
55. Work on board ship shall be arranged with due regard to the
rating of each person.
The person directing the work shall be bound to see that the requisite
action is taken to prevent accidents and danger to health, in accordance
with the regulations in force.
57. The captain shall see that the crew, in so far as its rations are
charged to the vessel, receives good and sufficient food in accordance
with the regulations concerning the matter.
If the captain considers it necessary to reduce the rations during
the voyage, the crew shall be entitled to receive reasonable compensation
for the same.
The captain shall be entitled to prescribe suitable changes in diet,
with due regard to climate and health, provided that the crew's rights
shall not be infringed thereby.
If provisions are weighed out, the captain shall not refuse the crew
the right to check the weights.
The captain shall not contract for the feeding of the crew.
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58. The captain shall supervise hygienic conditions, accommodation
and cleanliness on board, and shall see that the regulations concerning
these matters are strictly observed.
Use of Force
60. If it is found necessary for the maintenance of order and discipline on board, the captain, or the person taking command in his
place in the event of his absence or inability to act, may ensure
obedience by the use of force. If the vessel is in danger or a mutiny
breaks out on board, or in any other case of need, he shall have the
right to make use of any means necessary to enforce the obedience
of refractory persons or the restoration of order, and every member
of the crew shall be bound in such case to render the captain the
requisite assistance, even without a special order.
If any person who refuses obedience is injured, the person responsible
for the same shall be held guiltless, provided that it is not shown
that greater force was used than was necessary.
61. If any member of the crew at a time when the vessel is not
in a Finnish port commits an offence such as to entail a heavier
penalty than imprisonment, the captain shall be bound to hold an
enquiry respecting the offender as provided in section 64 as soon as
possible, unless the offence is dealt with by the authorities at the
place in question.
The captain shall see that the offender does not leave the vessel,
and for this purpose shall be entitled to keep him under guard on
board if necessary until he can be delivered to the Finnish consul or
to the police authorities in Finland, provided that the captain shall
be responsible for the offender's not being treated more harshly than
is needful.
CHAPTER IV.
— DISCIPLINARY PENALTIES
62. On board a vessel where the crew has been engaged under
a registered agreement, the captain shall be entitled to punish any
seaman by withholding his wages for not less than one day and not
more than seven days, in the following cases:
(1) if he fails to report for service at the proper time, or goes ashore
without leave, or fails to return at the proper time after having
been ashore;
(2) if he neglects to notify any circumstance which prevents his
coming on board at the proper time;
(3) if he causes any damage or risk by negligence or default in
service;
(4) if he is drunk on duty;
(5) if he wastes stores, or deals with them improperly in any other
way;
(6) if he is accessory to the concealment on board of persons not
belonging to the vessel, or if he brings any persons on board
in defiance of a prohibition;
SEAMEN'S ACT,
1924
189
(7) if he unlawfully brings on board intoxicating drink or anything
else which may give rise to disorder or danger, or if he unlawfully removes his effects from the vessel;
(8) if he behaves improperly towards a superior officer, or fails
to comply with the orders of a superior officer respecting his
duties; or
(9) if he stirs up a quarrel or other disorder on board or elsewhere
in employment, or acts in any other way contrary to order and
discipline.
63. A penalty shall not be imposed less than twelve hours after
the captain has become aware of the offence nor more than seven
days after the commission of the offence, except in case of special
reason to the contrary.
64. Before a penalty is imposed, an enquiry shall be held to procure
an account of the offence and the details of the circumstances. The
enquiry sball be held by the captain in the presence of two arbitrators
chosen by the captain from among the most experienced members of
the whole crew. Whenever possible, one of them shall be a mate or
engineer and the other an ordinary seaman; provided that if the person
whose conduct is under enquiry is a mate or engineer, both the
arbitrators shall if possible be officers.
The seaman and the persons deemed capable of giving information
in the case shall be heard at the enquiry. Both the seaman and the
arbitrators shall be entitled to require that questions be put respecting
matters which may contribute to the elucidation of the case. The
declarations made, and likewise the captain's decision, shall be entered
in the log-book and read before the seaman and the arbitrators.
The correctness of the entries shall be attested by the signatures of
the captain and the arbitrators, and the arbitrators shall be entitled
to append thereto any observations to which the enquiry may give
rise.
If the captain fails to observe the foregoing provisions respecting
procedure at an enquiry, the decision respecting the penalty shall
be void.
If a seaman desires to appeal against a decision of the captain as
provided below, he shall be entitled to a copy of the entries made in
connection with the enquiry and of the decision.
65. The penalty shall be proportionate to the more or less serious
nature of the offence, the circumstances in which it was committed,
and the delinquent's previous conduct. If the offence is considered
trivial, and there is reason to believe that it can be dealt with satisfactorily by a mere warning, a penalty need not be imposed.
The captain shall not be entitled to institute legal proceedings or
require the institution of such proceedings in respect of an offence for
which he has imposed a penalty, unless he has expressly reserved his
right to do so in the decision imposing the penalty.
66. The captain shall be entitled to remit a penalty either wholly
or in part before the seaman leaves his employment, if occasion arises
for the same.
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FINLAND
The decision respecting the remission of a penalty shall be entered
in the log-book and signed by the captain and two witnesses; in
default thereof the decision shall be void.
67. If a seaman is aggrieved by a decision of the captain imposing
a penalty on him, he shall be entitled to demand the reconsideration
of the decision, either when the crew is paid off, by the registration
officer concerned, or even before paying off, by the registration
officer at the first port on the voyage where one is to be found and
where it io expected that the vessel will lie at least two days. The
registration officer shall enquire whether the penalty can be deemed
to be lawful and reasonable, and shall issue a decision thereon, which
shall be entered in the log-book, and a copy of which shall be supplied
to the seaman on request.
In default of an investigation of the captain's decision in the manner
provided in paragraph 1, the seaman shall be entitled to refer his
appeal to the competent Finnish court of law within one year of the
paying off, or, if paying off does not take place, within one year
after he leaves his employment.
68. In the case mentioned in section 67, if the captain or the seaman is aggrieved by the decision of the registration officer, he shall
be entitled to lodge with the president of the town court
(raastuvanoikeus-rädstuvurätt) a demand for the investigation of the
said decision, provided that it was given by the registration officer in
a town where there is such a court. If the decision of the registration
officer was given abroad, or in Finland at a place where there is no town
court, the said demand shall be addressed to the president of the town
court on the vessel's arrival at the first port where there is a town court,
and where it is expected that the vessel will lie at least two days.
The demand as above specified shall be made as soon as possible, and
in any case in good time before the vessel's sailing. The investigation
shall be undertaken by the president of the town court, or by any other
legal member of the court whom the court appoints for the purpose.
If an investigation as here specified is required, the judge shall
without delay summon the captain and the seaman and any other
persons deemed capable of giving information in the case, and the
captain shall also be requested to bring the log-book; if the registration
officer is at the place in question, he also may be summoned. Any
person failing to obey the summons may be fined, and enjoined under
a penalty to comply therewith. When the judge has heard the plaintiff
and any others whom he thinks it is necessary to hear, he shall without
delay give his verdict in the case. The verdict shall be entered in
the log-book. No appeal shall be admitted against the verdict.
If the judge finds that he cannot settle the case owing to the vessel's
sailing from the place in question, he shall be entitled to dispense
with further consideration thereof.
In default of an investigation of the decision of the registration
officer in the manner provided in paragraphs 1 and 2, the provisions
of section 67, paragraph 2, shall apply to the right of the captain
SEAMEN'S ACT, 1924
191
and the seaman to appeal against the decision to the competent
Finnish court.
69. Any wages forfeited by a seaman under a penalty shall accrue
to the seamen's office at the vessel's port of registry, and shall.be
delivered by the captain to the registration officer when the crew is
paid off, for transmission to the said seamen's office, in return for a
receipt which shall be entered in the log-book. A copy of the decision
respecting the penalty shall also be handed over therewith, and
likewise a copy of the entries in connection with the enquiry under
section 64.
CHAPTER VI.
— PROVISIONS RESPECTING LIABILITY TO PENALTIES
73. The captain or his representative shall be liable to a fine in
the following cases:
(1) if he employs a child under fourteen years of age on board ship
otherwise than in the case mentioned in section 10, paragraph 3,
or a young person who has not attained the age of eighteen
years as a stoker or coal trimmer on a steam vessel, or if, in
contravention of the provisions of section 10, paragraph 2,
he engages or retains in employment on board ship a young
person under eighteen years of age, or employs a girl under
eighteen years of age on board ship;
(2) if he refuses to supply any person engaged with a wages book;
(3) if he evades any responsibility incumbent upon him under
this Act in respect of a sick or injured person or the prevention
of risk of infection for persons on board;
(4) if he fails to observe the provisions of this Act respecting the
holding of an enquiry before any person is dismissed;
(5) if he fails to comply with the decision of the registration officer
or consul in the case mentioned in section 43 ;
(6) if he refuses without lawful cause to grant leave to any person
to go ashore in his free time, or to make use of the ship's boats
for the purpose;
(7) if he contravenes the regulations concerning rations on board;
or
(8) if he fails to fulfil the requirements of section 59, paragraph 4.
The shipowner shall be liable to the same penalties as the captain
if the offences mentioned under Nos. (1), (5) and (7) are committed
with his knowledge and consent.
If the employment of a young person on board ship takes place
with the knowledge and consent of the father or guardian, the said
father or guardian shall also be liable to a fine.
74. If the captain or his representative abuses the right to use
force or to place under guard any person employed on the vessel,
or the right of punishment as granted under this Act, or if he treats
any person employed on board with undue severity, he shall be fined,
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FINLAND
or imprisoned for not more than six months, unless the offence in
question entails a heavier penalty under the common law.
If specially aggravating circumstances are present, he may also
be.sentenced to forfeiture either for a specified period or permanently
of the right to command a vessel in cases where special conditions
are laid down for the exercise of this right. The court shall without
delay notify the Shipping Board of any such penalty.
75. If a seaman, with intent to evade service, fails to report
himself on board when due, or if for the same purpose he unlawfully
leaves the vessel, he shall be liable to imprisonment for not more than
one year if desertion has taken place in such circumstances that the
vessel or human life is exposed to danger thereby, or in any other
specially aggravating circumstances.
If a seaman who has signed on with a vessel is guilty of desertion
in any other circumstances, he shall be sentenced to pay a fine.
76. Any person who incites a seaman to desert or assists him in
desertion either by word or by deed shall be liable to a fine or to
imprisonment not exceeding one year.
77. Any person employed on board who defies the captain or his
representative, and refuses to obey him, sball be liable to a fine, or
in specially aggravating circumstances to imprisonment for not more
than one year.
Any person who assaults the captain or any other superior officer
in the performance of his duties, or threatens such person with violence, either to compel him to take some action in connection with the
service or to hinder him therefrom, or to take vengeance upon him for
such action, shall be liable to imprisonment, or, if specially aggravating
circumstances are present, to penal servitude for not more than two
years. If specially extenuating circumstances are present, he may be
fined.
78. If a mutiny breaks out on board, the instigators or leaders
thereof shall be liable to imprisonment or to penal servitude for not
more than two years, and other persons taking part therein to imprisonment for not more than six months, or to a fine if specially
extenuating circumstances are present. If acts of violence are committed against any person or property during the mutiny, the instigators or leaders may be sentenced to penal servitude for not more
than six years, and other persons taking part therein to penal servitude
for not more than two years.
79. Any person employed on board a vessel who through carelessness or negligence in service causes an accident at sea shall beliable to
a fine or to imprisonment for not more than one year, unless the offence
entails a heavier penalty under the common law.
If the guilty person is a mate or engineer, and specially aggravating
•circumstances are present, he may also be declared to have forfeited
his right to hold such rank either for a specified period or permanently,
in cases where special conditions are laid down for the exercising of
SEAMEN'S ACT,
1924
193
the said right. The court shall without delay inform the Shipping
Board of any such penalty.
80. Any person employed on board who, without the captain's
leave, takes with him goods the carriage of which exposes the vessel
or the cargo to danger, shall be liable to a fine or to imprisonment
for not more than six months.
81. Any person who against his better knowledge causes an inspection to be made as specified in section 59 shall be liable to a fine
or to imprisonment for not more than one year.
82. Any person employed on board who is guilty of an offence
in the service in any other way than as specified above, or who is
guilty of a breach of order or discipline, shall be liable to a fine.
83. If any person who has committed any contravention mentioned
in sections 75 to 82 has undergone a penalty in pursuance of section 62
for the action in question, the court may fix the penalty for the offence
lower than would otherwise have been the case, or remit it altogether
according to the circumstances.
84. Proceedings shall not be instituted by the public prosecutor
in respect of an offence as specified in section 73, paragraph 1, No. (6),
sections 75, 76, 77 (paragraph 1), 81 or 82 unless the plaintiff has reported the offence for action; if the offence entails a penalty under the
general law, the provisions of such law shall apply respecting the right
to institute proceedings.
85. The provisions of the general law shall apply to penalties imposed
under this Act in so far as no provisions to the contrary are laid down
above.
CHAPTER VII.
— MISCELLANEOUS PROVISIONS
86. This Act shall not apply to the following vessels ;
(1) vessels belonging to the State which are used for purposes of
defence or administration;
(2) pleasure boats; and
(3) vessels on which only persons belonging to the owner's family
are employed.
87. The captain, when on a homeward voyage, shall be bound to
carry any Finnish seaman left abroad, in return for reasonable remuneration. If he unlawfully refuses to do so, he shall be liable to
a fine.
88. The captain shall see that a copy of this Act is accessible on
board. If he fails to fulfil his duty in this matter, he shall be liable
to a fine equivalent to not more than ten days' imprisonment.
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NETHERLANDS
Seamen's law is still governed in the Netherlands by the Commercial
Code, Book II of which deals with "the rights and obligations ensuing
from maritime navigation". The Shipping Act of 1 July 1909, as
amended by the Act of 23 September 1912, deals primarily with safety
at sea and lays down the methods of inspection and precautions against
accidents to be adopted. The provisions concerning the diplomas and
certificates of officers and engineers are to be found in the Act of 28
May 1901, as amended by the Acts of 14 July 1904 and 16 July 1907,
laying down rules for the appointment as captain of second captains
and engineers on board merchant ships.
We reproduce in the present collection only the legislative provisions
referring to seamen's articles of agreement, dismissal, repatriation and
discipline included in the Commercial Code. Fresh legislation
concerning seamen is now in course of preparation.
It may be noted that the Netherlands have ratified the Draft Convention "fixing the minimum age for admission of children to employment
at sea" (Genoa 1920).
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Commercial Code
BOOK II
Rights and Duties connected with Navigation
CHAPTER II. — SHIPOWNERS AND SHIPS' MANAGERS
328. The ship's manager (de boekhouder) engages and discharges
the master at his discretion.
Where the master is discharged for a lawful cause he has no claim to
compensation.
Where he is discharged without lawful cause before the commencement of the voyage, the master is entitled to payment for the number
of days during which he has served ; but where he is discharged during
the voyage he is entitled to be paid his full salary, together with the
cost of his return journey, in the absence of a written agreement to the
contrary.
The same provisions apply as regards the shipowner and the charterer.
329. A master who is joint owner of the vessel and is discharged may
surrender his share in the ship to his fellow owners in consideration of
the repayment of its value as determined by experts.
CHAPTER III. — THE SHIP'S MASTER
341. The master is entrusted with the command of the ship for an
agreed rate of remuneration or for a share in the profits or freightage.
342. If one or more of the joint owners, after receiving due notice,
fail to contribute their share in the expense necessary for fitting out the
ship, the master may, twenty-four hours after such notice has been given,
and with the permission of the Court of Arrondissement, raise money,
even by bottomry, on the share of such joint owners in the ship, for the
amount due.
343. The master collects the crew and appoints the officers and seamen, after consultation with the owner or ship's manager where he happens to be at the latter's place of residence.
344. The master may not during the voyage discharge an officer
or member of the crew without lawful cause.
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CODE
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345. He shall exercise all possible diligence, care, and seamanship
and shall compensate the owners or charterers for all accidents, damage,
or payment of interest resulting from neglect or default in the performance of his duties.
He is liable for any damage sustained by the cargo, excepting such
as is caused by a defect in the goods themselves, or by force majeure, or
by the default or negligence of the shipper.
346. He is responsible for the consequences of bad or improper
stowage and loading of the goods.
347. Before loading for a voyage to a foreign port the master shall,
at the request and expense of any person concerned, have his ship inspected by sworn experts appointed for the purpose or nominated by
the Court of Arrondissement, or where there is no such court at the place
at which the ship is lying, by the Judge of the Canton, in order to ascertain whether the ship is well found and considered to be in a fit state
to undertake the voyage.
348. The master is responsible for all damage sustained by goods
carried on the upper deck without the written consent of the shipper.
349. In case of damage to cargo caused by the negligence or default
of the master, the loss shall be a charge on the ship and the freightage
earned on the voyage, without prejudice to the personal liability of the
master to the shippers.
The owner or charterer is entitled to proceed against the master in
respect of such damage.
350. The master shall either sign himself or cause his mate to sign
receipts for all goods shipped, specifying the quantities, marks, and
numbers, these receipts to be subsequently exchanged for bills of lading.
351. He may not ship any goods which are visibly in a defective or
damaged condition or insufficiently packed without noting the defective
or damaged condition of such goods on the receipts and bills of lading;
it being assumed, in the absence of any such record, that the goods were
shipped in an apparently good and sound condition.
352. The master may not load goods on his own account unless he
pays freightage for the same and is authorised and has obtained permission from the owner or ship's manager and, where the whole ship is
chartered, from the charterers to do so, except where he has been
authorised to do so, in the former case under the terms of his engagement,
or in the latter case under those of the charterparty.
353. A master who sails on consideration of a share in the profits
on the cargo may not load goods on the ship on his private account
except by agreement.
In case of a breach of this provision the goods so shipped are declared
forfeit to the other persons interested in the cargo, without prejudice to
compensation for extra expenses, damage, and liability for interest
caused thereby.
354. As soon as the ship is well found and ready for sea the master
shall, at the first favourable opportunity, proceed without delay to sea
and complete the voyage for which he has agreed to serve.
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355. He shall not postpone the voyage on account of the sickness
of any of the officers or seamen, but shall immediately engage substitutes
for them.
356. Where, when the ship is ready and due to sail, the master is so
sick that he cannot navigate her, he shall either appoint another master
in his place or shall entrust the command to the mate if this can be done
without danger to the ship and the cargo. Where the owner or ship's
manager happens to be at the port of departure, a substitute for the
master may not be appointed without his consent.
357. The master shall have on board:
(1) The deed of conveyance or document proving the ownership of
the vessel or a legally certified copy thereof;
(2) The certificate of registry;
(3) A list of the crew;
(4) The manifest;
(5) The bills of lading and charterparties ;
(6) The Commercial Code.
358. The master shall keep a daily log-book or journal containing:
(1) The daily state of wind and weather;
(2) The ship's daily progress or delay;
(3) Latitude and longitude for each day;
(4) Any accidents affecting the ship or the cargo, and their causes;
(5) As exact a statement as possible of objects lost in consequence
of an accident or of their being cut, hacked, or shorn away;
(6) The course followed with reasons for any deviation therefrom,
whether voluntary or involuntary,
(7) Any resolutions adopted at a ship's council;
(8) The discharge of any officers or seamen, and the reasons therefor;
(9) Receipts and payments on account of the ship and the cargo,
and in general anything relating to the ship or the cargo which
may form ground for a liability or an account or for making or
disputing a claim.
359. This log-book or journal shall be entered up every day, weather
permitting, dated, and signed by the master and the mate.
360. The master shall throughout the voyage, as opportunity offers,
inform the ship's manager of occurrences affecting himself or the ship.
361. He shall be present in person on board the ship from the commencement of the voyage until his arrival at a good roadstead or safe
harbour.
362. The master may not abandon the ship during the voyage on
account of any danger whatever without previously consulting the leading members of the crew. Where the ship is abandoned, he shall take
special care to save the log-book and the other ship's papers, the ship's
money, and whatever he can of the more valuable goods in the cargo,
under penalty of being himself held liable therefor.
Where any goods, whether salved from the vessel or left on board, are
lost or stolen through any unforeseen contingency and without any
default on his part, he shall not be liable therefor.
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363. He shall employ whatever pilots are necessary, according to the
requirements of the law, of custom, or of prudence.
364. Where after beginning the voyage the master receives information that his flag has ceased to be free, he shall make for the nearest
neutral port and remain there until the impediment is removed, or until
he can sail safely under convoy or otherwise, or until he receives express
orders to sail both from the owner or ship's manager and from the persons
interested in the cargo.
365. If the ship is stopped, seized, or placed under embargo, he shall
claim the return of the ship and the cargo and shall immediately, and by
any suitable means, inform both the owner or the ship's manager and
the shippers or consignees of the cargo concerning the condition of his
ship and cargo.
He shall meanwhile take such temporary measures as are immediately
required for the safety of the ship and the cargo.
366. In the case mentioned in the preceding section a resolution of the
majority of joint owners is decisive and binding on the minority.
Where, however, the majority decide to take no steps, the minority
may prosecute their claim on their own account, reserving the right to
call on the majority to contribute to the expenses in so far as they are
benefited by the successful issue of the claim.
367. On all serious matters such as getting under sail, cutting away
anchors or masts, jettisoning cargo, engaging salvors or lighters, putting
into a port of refuge, running the ship ashore, etc., the master shall
consult the owners or shippers, or their agents if present, and in any case
his officers and the leading members of the crew.
In case of disagreement the master's opinion shall prevail.
368. Where jettisoning is necessary the master shall as far as possible
first sacrifice such things as are least indispensable, heaviest, and of least
value, and next, the cargo between decks, at his discretion and after
consultation with the leading members of the crew.
The master shall commit to writing as soon as possible the proceedings
at the council called for this purpose.
His report shall contain the reasons for the jettisoning, a list of the
articles jettisoned or damaged, and the signatures of the members
consulted, or their reasons for refusing to sign.
This report shall be copied into the log-book.
369. The master shall as soon as possible after his arrival at the first
port of call confirm the truth of his report on the matter, after it has
been copied into the log-book, before the authority mentioned in section
380 on oath.
370. If the ship's port of destination is under blockade, the master
shall, unless he has orders to the contrary, make for one of the nearest
ports of the same Power, provided that he is permitted to enter it.
The provisions of section 365, except as to making claims, are applicable in this case.
371. The master may not have the ship repaired, or buy sails, ropes,
or other objects for the use of the ship, or raise money upon her for this
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purpose, or charter or hire her out at the place where the owner or joint
owners of the ship, or their agents or correspondents, reside, without
their permission.
372. Where it becomes necessary during the voyage to repair the
ship or to purchase sails, ropes, or other gear, or provisions, or to provide
for other matters of urgent necessity, and the circumstances of the case
or the distance from the place of residence of the owners of the ship or
the cargo make it impossible to await their instructions, the master may
have the repairs carried out or make such purchases or payments, after
having a declaration made and signed by the leading members of the
crew as evidence of the urgency of the case and after obtaining the sanction of the Netherlands Consul, or, where there is no such consul, of the
local authorities.
If he lacks the funds necessary for this purpose and is unable to obtain
them by drawing bills of exchange on the ship's manager or the shipowner
he may, with permission as provided above, raise money by bottomry
on the ship and tackle, and if necessary on the cargo, or if this is wholly
or partly impossible, he may sell goods up to the amount required.
373. When the ship arrives safely at her destination, the value of the
goods sold shall be calculated at the market price that goods of the same
description and quality would fetch at the place and time of the ship's
arrival.
If the market price is less than the amount realised the benefit shall
accrue to the owners of the goods.
If the ship does not reach her destination, the price at which the
goods were actually sold shall be taken as the basis for compensation.
374. If provisions run short during the voyage, the master may,
after asking the opinion of the leading members of the crew, compel
individuals who are still provided with victuals to give them up for the
general benefit on payment of their value.
375. If the master raises money on the ship or on her gear or provisions, or sells or pledges goods or provisions where there is no necessity
to do so, or enters fictitious losses or payments in his accounts, he is liable
therefor to the parties concerned.
He is personally liable to repay the money thus raised or the value
of the goods, without prejudice to any criminal proceedings to which he
may be liable.
376. Except when a vessel has been legally condemned as unseaworthy, the sale of the ship by the master, without special authority
from the owner or joint owners, is null and void, and the master is
moreover personally liable for damages, without prejudice to any criminal
proceedings to which he may be liable.
377. The master shall, before leaving a port of refuge or returning to
a home port, forward to the owner or ship's manager, or his agent, an
account signed by himself containing a statement of the cargo and the
price of the goods received on board on the owner's account; also the
cost of all repairs effected and the amounts borrowed by him, with the
names and addresses of the lenders.
COMMERCIAL
CODE
201
378. He may, before the commencement of a voyage of the kind
mentioned in the preceding section, effect an insurance for payment for
goods received on board on the owner's account, or for the repayment of
his own disbursements on account of the ship, provided that he notifies
the fact to the owner or the ship's manager in the account which he
hands in to them.
379. Except in the cases mentioned in section 383, every master
shall within three days (excepting Sundays and in foreign countries the
generally recognised public holidays) after his arrival in port, produce his
log-book and make a report on his voyage, stating:
(1) The place and time of his departure;
(2) The course followed;
(3) Any dangers he has encountered, irregularities which have
occurred on board, or other noteworthy circumstances of the
voyage.
380. The log is produced and the report is made:
In a foreign port in the presence of the Netherlands consul or of the
competent authority;
In a Netherlands port, in the presence of the Judge of the Canton
or of one of the Judges of the Canton in the district to which the
port belongs, or, in the colonies and possessions in other parts
of the world, in the presence of the competent authority.
381. The master shall at the time of making this report, and in
whatever place he makes it, have his log-book or journal countersigned
by the authority in whose presence the report is made. He shall always
produce this journal to the persons concerned and allow them to make
copies or extracts.
382. The master may fequire the goods to be counted, measured,
or weighed at the time of discharge in all cases in which he is responsible
for their measure or weight, or has any other interest in them.
383. In case of shipwreck, of putting into a port of refuge, or of
damage, the master shall at the first place at which he arrives:
(1) At the latest on the first day (excepting Sundays and in foreign
countries the generally recognised public holidays) after the date
of his arrival produce his log-book and have it countersigned;
(2) At the same time or later, but in any case at the latest within
the period specified in section 379, make a declaration concerning
the misadventure in question.
The log-book is produced and the declaration is made in the presence
of the public authorities mentioned in section 380.
The declaration is made by the master together with as many members
of the crew as may be required by the public authority which receives the
declaration.
384. All declarations made for the purpose of establishing loss,
accident, or damage, or in support of a claim of any kind whatsoever
shall be made on the oath of the deponents in the presence of the proper
authority, who may examine the master, officers, and seamen, and even
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the passengers, as to the facts and circumstances, and may summon
them for such examination.
It is open to all parties concerned to bring evidence to the contrary.
Where the evidence of witnesses is taken, sections 1947 and 1950
of the Civil Code are not applicable to persons who at the time of the
misadventure were members of the crew or were passengers in the ship ;
but the persons mentioned in the first-named section may refuse to give
evidence.
385. The provisions of section 411, the first paragraph of section 412,
and sections 415 and 416 apply also to the master in so far as he has no
share in bringing about the contingencies therein mentioned.
386. The provisions of sections 413, 414, 418, 419, and 423 to 435
inclusive are also applicable to the master.387. At the end of'every voyage the master shall render a proper
reckoning and account of his proceedings whilst in command of the
vessel, and of his management of the ship and the cargo, to the owner
or ship's manager, and shall hand over to him, in return for a written
receipt, all journals, books, documents, and moneys relating in any way
to the account.
388. The owner or ship's manager shall examine the reckoning and
account without delay, close them if he finds them in order, and pay
the master any balance found to be due to him.
389. If any dispute arises concerning the account the owner or ship's
manager shall provisionally pay the master his agreed salary or remuneration against security for its repayment, and shall lodge all log-books,
journals, books, and documents which have been delivered to him at the
office of the clerk of the Court of Arrondissement for the use of all the
parties.
»
390. Where the master has agreed to take a share in the profits he
shall, for the purpose of obtaining payment thereof, observe the provisions of the law for the time being concerning trading partnerships.
391. The master's salary, remuneration, and monthly pay, together
with any compensation or travelling expenses due to him, shall rank as a
privileged charge upon the ship, gear, and equipment, and upon any
freightage earned.
392. Where the master is a joint owner or a joint charterer of the
ship, the other joint owner shall have a privileged claim upon his share
of the ship and profits for the repayment of whatever he may owe to
the company.
393. Where the master is sole owner of the ship he is bound by all
the obligations prescribed for masters and shipowners.
CHAPTER IV.
—
THE ENGAGEMENT OF OFFICERS AND SEAMEN AND
THEIR RIGHTS AND DUTIES
394. The agreement between the master and the officers and members
of the crew consists as regards the officers, sailors, or seamen, in the
COMMERCIAL CODE
203
hiring out of their services for one or more sea voyages, each in his own
capacity, for an agreed wage, and as regards the master in his undertaking
to pay whatever may be due under the agreement or by law in return
for such services.
395. The ship's articles are evidence of the terms of agreement
between the master and the officers and members of the crew. Failing
the ship's articles, any other legal evidence is admissible.
396. The articles are signed in the presence of an official appointed
for the purpose by the competent authority. This official draws up the
articles in accordance with the provisions of the following section and is
paid the fees recognised by the regulations.
397. The ship's articles shall contain:
(1) A statement of the names of the ship, the master, and the members of the crew;
(2) A statement of the place from which the voyage is to begin, the
destination of the ship, and the place to which she is to return;
(3) A statement of the agreed rate of pay, and whether the basic
period for payment is the month or the voyage;
(4) A statement of any advances promised or received;
(5) A statement to the effect that it is the duty of every member of
the crew to join the ship with his belongings at the time appointed
by the master; not to spend the night away from the ship either
at home or abroad without the master's leave; and not to remove
his belongings from the ship without having them examined by
the master or the mate;
(6) A declaration by the mate as to whether or not he has previously
made a voyage as an officer to the ship's destination;
(7) A statement that the master has power to put ashore and discharge without pay before leaving port any member of the crew
who has signed on in a rating for which he is not qualified, and
to assign to any such person such rating and pay as he thinks
proper if his incapacity is discovered after the ship has sailed;
(8) A description of the food or so-called "rations" which will under
ordinary circumstances be issued weekly to each man ;
(9) A statement of the seaman'a duty of unquestioning obedience
to the master and officers, each in his respective capacity, and of
abstention from drunkenness and fighting;
(10) The exact words of sections 404, 423, 442, 443, 444, and 446 of
this Code;
(11) A stipulation to the effect that any man who deserts and leaves
the ship before he is discharged forfeits all wages due to him;
(12) A statement to the effect that it is the duty of the mate to ensure
the proper trimming and stowage of the cargo, under pain of
making good any damage;
(13) A statement to the effect that it is the duty of the mate to remain
on board day and night so long as there is any cargo on board,
and to ensure that the hatches are closed, especially at night;
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(14)
A statement to the effect that it is the duty of the officers and
seamen to behave in a decent and orderly manner at public
worship and on all other occasions.
(15) A statement that all on board are further obliged to comply with
all other provisions of the Commercial Code;
(16) Finally, any other matter upon which the parties have agreed.
398. (Repealed.)
399. The reciprocal obligations of the master and the officers and
seamen come into force from the moment of the signing of the articles.
400. As soon as the articles have been signed the officers and seamen
shall go on board as ordered by the master, put the ship in order, and
load her.
401. No member of the crew shall absent himself without the leave of
either the master or his representative.
402. The master or his representative may call in the assistance of
the police against any individuals who refuse to come on board or leave
the ship without permission, or refuse to perform their full duty.
Expenses incurred in this respect may be charged against the wages of
the offenders without prejudice to their liability to pay any costs,
damages, and interest incurred.
403. Persons employed at sea are entitled during the term of their
•service to proper subsistence in addition to their agreed remuneration.
404. Every officer and seaman shall render assistance to the. master
in case of any attack on or accident to the ship or the cargo.
405. Any officer or seaman who represents himself as experienced is
liable for any damage that may result from lack of skill in the fulfilment
of his duties.
406. Any mate who signs on for a destination to which he has not
previously sailed as an officer without stating the fact at the time of
signing articles, or who falsely states that he has so sailed, forfeits the
whole of his pay, and if any damage to the ship or cargo results from his
inexperience, he is liable to make it good, without prejudice to any
criminal proceedings to which he may be liable.
407. If whilst abroad the master decides to sail for some other port,
the mate shall make a fresh declaration before undertaking the voyage,
on pain of the liabilities as to forfeiture of wages, compensation for
damage, and criminal proceedings prescribed in the preceding section.
408. If in such a case the mate declares that he has never sailed as an
officer to such a destination, he shall nevertheless continue to serve at
the agreed rate of pay, or, if engaged for the voyage, for an additional
payment proportionate to the prolongation and nature of the voyage.
409. The master shall not in such a case discharge the-mate without
paying him his full remuneration for the voyage, or if he is engaged by
the month for the probable duration of the original voyage. He shall
also pay to him the amount of his travelling expenses to the place at
which he was engaged.
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The master is not bound to pay such wages or compensation if at the
time of his engagement the mate falsely declared that he had previously
made the voyage as an officer.
410. No seamen shall load merchandise on his own account without
paying freightage and without the consent of the owners, or, if the whole
ship is chartered, of the charterers, except as otherwise stipulated at the
time of his engagement or in the charterparty.
411. If the voyage is entirely abandoned through the act of the
owner, the master, or the charterer, the officers and seamen are entitled
to choose between retaining as compensation any advances received or
taking a month's pay less advances received, or, where the engagement
was by the voyage, one-quarter of the agreed remuneration.
On whatever terms they were engaged they are entitled to claim
payment for the days served subsequently to the signing of the ship's
articles, in proportion to their agreed remuneration,.
412. Where the abandonment of the voyage takes place after it has
begun, they shall receive as compensation, in addition to the pay actually
earned, twice the amount specified in the preceding section and the
necessary travelling expenses back to the place at which the voyage
began, provided that the total amount of such pay and compensation
does not exceed the amount which would have been earned had the
voyage been completed.
The travelling expenses of the crew shall be reckoned in proportion
to their rates of pay, and in case of any dispute as to the amount the
matter shall be referred to the Netherlands Consul, or where there is
no Netherlands Consul to the competent authority at the place where
the ship is lying.
413. Where before the beginning of the voyage trade with the place
to which the ship is bound or the export of the goods with which the
ship is specially laden is prohibited or the ship herself is placed under
embargo, wages are only due to the officers and seamen for the time that
they have actually served, less advances received.
414. Where such prohibition or embargo takes place after the
voyage has commenced, they are entitled to full pay up to the time of
their discharge, and to travelling expenses in accordance with section 412.
415. Where the voyage is prolonged by the act of the master or thé
charterer, or by the ship's remaining in a port of refugee, or by illegal
capture, or by arrest, or by any other circumstance affecting the safety
of the ship and the cargo, the pay of officers and seamen who are engaged
by the voyage shall be increased in proportion to the prolongation.
416. Where the officers and seamen are engaged on a share in the
profits or freightage, no compensation or pay is due to them on account
of any abandonment, postponement or prolongation of the voyage caused
by force majeure.
Where such abandonment, postponement or prolongation of the voyage
is caused by the act of the shippers, the crew are entitled to a share in the
compensation allowed to the ship.
206
NETHERLANDS
Such compensation is divided between the owners and the crew in the
same ratio as was adopted in the case of the freightage.
Where the abandonment, postponement or prolongation of the voyage
is caused by the act of the master or the shipowner, they are liable to
pay a similar proportional compensation to the crew.
417. Where the officers and seamen are engaged for more than one
voyage they are entitled to claim their pay in full for each voyage as soon
as it is completed.
418. If the ship is captured and condemned as lawful prize, or is so
stranded and wrecked that the ship and the cargo are totally lost, the
officers and seamen are not entitled to claim any wages or remuneration
for the voyage. They are not liable, however, to refund any advances
that they may have received.
419. If any portion of the ship is salved, the officers and seamen are
entitled to recover the wages due to them out of the proceeds of the
wreckage salved or the remains of the ship.
If this is insufficient, or if goods only are salved, the wages are a charge
upon the freightage earned.
420. Officers and seamen engaged for a share in the freightage have
a claim on the freightage only in the proportion in which the master or
charterer receives it.
421. On whatever basis officers or seamen are engaged, they are
always paid for the days during which they are actively engaged in
salving the ship and cargo after a shipwreck.
Special exertions in such a case are, if successful, rewarded by special
salvage pay.
422. Special services are noted in the log-book or journal and may
entitle the performer to a special reward.
423. Any member of the crew who falls sick during the voyage or his
injured or disabled in the course of his duties, or while fighting enemies
or pirates, continues to receive his pay and is entitled to nursing and
treatment and, if disabled, to compensation, the rate and nature of
which shall be determined in case of dispute by the Judge.
424. Expenses incurred for nursing and treatment and for compensation are a charge upon the ship and the freightage if the illness, injury,
or disablement occurred in the course of duty on behalf of the ship.
They are treated as general average on the ship, the freightage, and
the cargo is caused by fighting in defence of the ship.
425. Where the sick, injured, or disabled member of the crew has
not recovered sufficiently to proceed without danger on the voyage with
the ship when she sails the above-mentioned nursing and treatment
shall be continued until he is cured.
The master shall, before he sails, pay the above-mentioned expenses
and make provision for the maintenance of the sick or injured persons.
426. The sick, injured, or disabled person is entitled to his full pay
not only whilst under treatment but up to the date of his return to the
COMMERCIAL CODE,
207
place from which he originally sailed in the ship, together with a reasonable allowance for his travelling expenses thither.
427. In the cases referred to in sections 424, 425, and 426, his claim
is limited to the ship, freightage, and cargo.
428. In an officer òr other member of the crew leaves the vessel
without permission and falls ill or is injured or disabled on shore, he
shall bear the cost of his own nursing and treatment.
429. If a member of the crew dies during the voyage his body shall
be buried or dropped overboard as the master may decide, and at the
ship's expense.
430. The master shall take charge of the effects left on board the
ship by the deceased and shall draw up a proper inventory of them in the
presence of two members of the crew, which inventory shall be signed
by the master and by the two members of the crew.
431. Wages or remuneration are due to the representatives of t h e
deceased as follows:
Where he was engaged by the month, to the end of the current month;
Where he was engaged for the round voyage, one-half if he dies on
the outward voyage ; the whole if he dies on the return voyage ;
Where the deceased was engaged on a share in profits or freightage,
his full share is due if he dies after the beginning of the voyage ;
The pay of men killed in the defence of the ship is due in full for the
whole voyage if the ship reaches port in safety.
436. Where the master discharges the officers or seamen for a lawful
cause, he shall pay them the wages due to them, calculated pro rata for
the duration of the voyage completed up to the date of discharge, or,
if the discharge takes place before the voyage begins, for the days
actually served.
437.
(1)
(2)
(3)
(4)
The following are deemed to be lawful causes for discharge:
Disobedience;
Habitual drunkenness;
Fighting on board;
An interruption of the voyage permitted or required by the law,
provided that the conditions prescribed by the law in regard to
such cases are observed;
(5) Absence without leave.
438. Any officer or seaman who proves that he has been discharged
without lawful cause after the articles have been signed, is entitled to
compensation, the cost of which shall be borne by the master.
439. Such compensation is payable as follows:
One third of the seaman's probable earnings on the voyage where he is
discharged before the voyage begins;
The whole of his probable earnings from the time of his signing on
until the completion of the voyage, and the expenses of his passage
home, if he is discharged in the course of the voyage.
208
NETHERLANDS
In neither of these cases can the master claim the reimbursement of
such compensation from the owners unless he was authorised by them
to discharge the seaman.
440. The officers and seamen may refuse to serve in the following
cases:
(1) Where the master proposes to change the destination before the
commencement of the voyage for which they have signed on;
(2) Where before the voyage begins the State is involved in war at
sea or where during the voyage or whilst the ship is in port of
refuge war breaks out between that State and one of the Barbary
Powers, whereby the ship may be considered as exposed to real
danger;
(3) Where before the voyage begins or whilst the ship is in a port of
refuge, trustworthy information is received that the plague,
yellow fever, or other such infectious disease prevails at the ship's
port of destination;
(4) Where the ship is transferred to entirely new owners before the
voyage begins;
(5) Where the master dies or is discharged by the owners or the
ship's manager before the voyage begins;
(6) Where the agreement was to sail under convoy and no convoy its
provided ;
(7) Where the master employs or intends to employ the ship in the
slave trade or for piracy or for criminal privateering.
441. Where during the voyage the master decides to proceed to
another free port and there to unload or load the ship, the crew shall
•continue to serve even if the voyage is thereby prolonged.
In such cases the pay of those who are engaged by the voyage is
increased pro rata.
442. During the voyage the master may not pay the crew on account
more than one-third of the wages earned by them.
443. The master shall pay to any seaman discharged abroad the full
amount of wages due to him.
He may make such payment by means of a bill drawn on the owner
or ship's manager.
The provisions of the second paragraph of section 321 are not applicable in such cases.
444. The officers or seamen may not, under penalty of forfeiting
their entire wages, assail or obstruct the master of the ship by legal
proceedings before the termination of the voyage under any pretext
whatever.
Officers and seamen may, however, when the ship is in port, claim from
the Netherlands consul, or, failing him, from the local authority, a discharge from their obligations where the master ill-treats them or withholds their food and drink.
445. The owner or manager shall on the termination of the voyage
hand over any money or effects left by such members of the crew as
have died or been left behind during the voyage, together with any wages
COMMERCIAL CODE
209
due to them, to their heirs or legal representatives, or if these cannot
immediately be found, he shall comply with the regulations governing
such matters.
446. At the end of the voyage for which the crew were engaged they
shall, if so required by the master or owners, discharge, moor, and
dismantle the vessel, bring her to her berth and make her fast, and shall
further make a sworn declaration, either separately or in conjunction
with the master, within three days after the unloading of the ship.
447. As soon as the crew have complied with the requirements of the
preceding section they shall be immediately discharged and the wages
due to them shall be paid within twenty-four hours.
448. For each day of delay without legal cause on the part of the
master, ship's manager, or owner, in the payment of the wages due to
the officers and crew, the former forfeit to each officer three guilders,
and to every other members of the crew one guilder and fifty cents.
449. If the delay mentioned in the preceding section is caused by
the fault of the master or ship's manager, the payments made in respect
thereof shall not be put down to their respective ship's or management
accounts.
450. Where the ship is lost or is captured and condemned as lawful
prize without earning any freight and without anything being salved,
any members of the crew who return shall confirm the master's deposition
on oath, or themselves make a deposition in good faith, to which they
shall swear, on payment of a reasonable daily compensation for their
detention.
451. Wages, compensation and travelling expenses due to the crew
are a privileged charge upon the ship and the freightage.
452. Officers and seamen who cause damage to the proprietors of
the cargo by their negligence or default in the performance of their
duties, render the ship and the freightage liable therefor, without prejudice to the shipowner's right to take proceedings for recovery against
the master, or to the master's right to take such proceedings against the
members of the crew; subject always to the provisions of the final
paragraph of section 1403 of the Civil Code.
The remuneration of the master, and the pay of the officers and seamen,
are specially liable in respect of such proceedings for recovery.
(4
BELGIUM
Seamen's discipline and articles of agreement are governed in
Belgium by a series of legislative texts, most of which date from some
years back. We have reproduced in the present collection only the
most important of these texts and have not included all the Royal or
Ministerial Orders or Regulations for enforcement. We publish the
following: Commercial Code (Book II), Maritime Disciplinary and
Penal Code of 21 June 1849, Royal Order laying down the duties of
Maritime Superintendents of 8 March 1843, Royal Order respecting
the Engagement of Seamen abroad of 22 May 1914, and Royal Order
respecting Maritime Police of 20 March 1914.
It may be noted that certain of these texts, including the Maritime
Disciplinary and Penal Code, are to be abrogated in the near future by
fresh legislation. A Bill concerning rules relating to seamen's articles
of agreement has already been submitted to the Chambers.
On 2 February 1925, Belgium ratified the Draft Convention "fixing
the minimum age for admission of children to employment at sea", the
Draft Convention "concerning unemployment indemnity in case of loss
or foundering of the ship", and the Draft Convention for "establishing
facilities for finding employment for seamen" (Genoa 1920).
212
BELGIUM
Commercial Code
BOOK II
MARITIME AND INLAND NAVIGATION
SECTION I
Ships and other Sea-going Vessels
CHAPTER I. — SHIPS AND THEIR REGISTRATION
Part 1. — The Master
§ 1. — Rights and Duties of the Master
1. For the application of the present Act, the term " vessel " shall
include all vessels of at least 25 tons register which are habitually
engaged or are intended to be engaged at sea in transporting persons
or goods, in fishing, towing or any other lucrative operation of navigation.
SECTION II
Shipowners and Crews
CHAPTER II. — CREWS
Part 1. — The Master
§ 1. — Rights and Duties of the Master
58. Any master or skipper entrusted with the management of a
vessel or other craft shall be responsible for his mistakes, however slight,
in the performance of his duties (Civil 1784, 1922).
59. He shall be responsible for the goods entrusted to his charge.
He shall give an acknowledgment for the same.
Such acknowledgment shall be called a bill of lading.
60. It shall be the duty of the master to form the crew of the vessel
and to select and engage the sailors and other members of the ship's
COMMERCIAL
CODE
213
complement; he shall, nevertheless, do this in conjunction with the
owners when the latter are on the spot, or by their authorised agents.
63. The master shall have with him on board:
The deed of property of the vessel.
The certificate of registry.
The list of crew.
The bills of lading.
The clearance papers.
The customs receipts.
64. The master shall be on his ship when entering or leaving ports,
harbours, or rivers.
65. The master shall be responsible to those interested in the vessel
and its cargo for anything which may occur through infringement of
the obligations imposed by the preceding four sections.
77. A master may not leave his vessel during the voyage on account
of any danger whatever, without the advice of the officers and principal
members of the crew and, in the latter case, he shall be bound to save
the money and whatever he can of the most valuable part of the cargo
under penalty of being himself held liable therefor.
In the event of the objects thus taken from the vessel being lost,
owing to some accidental contingency, a master shall be discharged
in respect thereof. (Act of 21 June 1894, section 28).
78. Within 24 hours of his arrival the master shall submit his register
for visa and make his report.
The following shall be included in the report:
The place and time of his departure.
The course he has sailed.
The risks he has run.
The disorders which may have occurred on board the vessel and
any notable circumstances connected with his voyage.
84. In the event of the ship's victuals giving out during a voyage,
the master, after taking counsel with the principal members of the
ship's company, shall have the power of compelling those who have
any provisions in private, to contribute them to the common store,
subject to paying them the value thereof.
Part 2. — Seamen and Members of the Crew
92. The conditions of engagement for the master and the members
of the crew shall be authenticated by the list of crew or the agreements
of the parties.
93. In the event of the voyage being broken by the act of the owners,
the master or the charterers prior to the vessel sailing, the seamen
engaged for the voyage or by the month shall be paid for the days
on which they have been at work in connection with the fitting out
of the vessel. They shall retain, by way of compensation, the amounts
received in advance.
214
BELGIUM
In the event of no payment having so far been made in advance,
the seamen engaged by the month shall receive, by way of compensation, one month's pay of the wages agreed. Seamen engaged for the
voyage shall receive a sum corresponding to one month's wages, based
on the presumed duration of the voyage, unless the said presumed
duration does not exceed one month, in which case they shall be paid
in full.
In the event of the voyage being broken after it has begun, the seamen
engaged for the voyage shall be paid in full in accordance with the
conditions of their agreements.
Seamen engaged by the month shall receive their wages, as stipulated,
for the time served by them, and, in addition, by way of compensation,
one-half of their wages for the remainder of the presumed duration of
the voyage for which they had been engaged.
Seamen engaged for the voyage or by the month shall receive, in
addition, their passage back to the place of departure of the vessel,
unless the master, owners, or charterers, or the Maritime Superintendent
find them another vessel returning to the said place.
94. In the event of trade being prohibited with the place of destination of the vessel, or in the event of the vessel being stopped by order
of the Government prior to the voyage being begun, there shall be owing
to the seamen only the wages in respect of the days on which they were
engaged in fitting out the ship.
95. In the event of the prohibition to trade or the stoppage of the
vessel occurring during the voyage:
In case of prohibition, the seamen shall be paid in proportion to the
time they have served.
In case of stoppage, the wages of the seamen engaged by the month
shall run as to one-half during the time of stoppage.
The remuneration of the seamen engaged for the voyage shall be
paid according to the terms of their "agreements.
96. In the event of the voyage being extended, the amount of the
remuneration of the seamen engaged by the voyage shall be increased
proportionately to such extension.
97. In the event of the discharge of the vessel being effected
voluntarily in a place nearer than the one stipulated by the charterers,
no deduction shall be made from the wages of the seamen.
98. In the event of the seamen being engaged on the basis of a
share in profits or freight, there shall be no compensation or daily
wage owing to them in respect of any break, delay or extension of the
voyage caused by force majeure.
In the event of the break, delay or extension occurring through the
act of the shippers, the members of the crew shall share in the compensation adjudicated to the vessel.
The compensation shall be divided between the owners of the vessel
and the crew in the same proportion as the freight would have been
divided.
In the event of the obstacle being created by the act of the master
or the owners, they shall be liable for the compensation due to the ship's
company.
COMMERCIAL CODE
215
99. In case of seizure, shipwreck or declaration of unseaworthiness,
the seamen engaged by the month or for the voyage shall be paid their
wages up to the cessation of their services, and shall, moreover, be
entitled to be repatriated at the ship's expense, as far as the port in
which they were engaged, or, at the master's option, to equivalent
compensation, unless it be proved that they did not do all that was
in their power to save the ship.
In the latter case it shall be for the Courts of Justice to decide the
reduction to be made in their wages.
Advances received shall not be repayable.
100. Seamen engaged on the basis of a share in the freight shall be
paid their remuneration out of freight only, in proportion to what is
received by the master.
101. In whatever manner seamen have been engaged, they shall
be paid for such days' work as they may perform in salvaging wreckage
and effects.
102. Seamen shall be paid their wages, shall receive attention and
treatment and shall be repatriated at the vessel's expense, in the event
of their being taken ill on a voyage or injured in the vessel's service.
Wages shall be due till the end of the voyage for which the engagement has been made, unless it be proved that the seaman was restored
to health before that time and might have rejoined his ship or obtained
another engagement.
103. Seamen shall be paid their wages, shall receive attention and
treatment, and shall be repatriated at the expense of the vessel and
of the cargo, if wounded whilst fighting against enemies or pirates.
104. In the event of the injury or illness being due to the seaman's
own fault, or in the event of his having been injured on land whilst
absent without leave, attention and treatment shall be payable by him.
This may even be a ground for his discharge by the master, and in that
case he shall only receive remuneration in proportion to the time
served.
105. In case of a seaman's death during the voyage, if he was
engaged by the month, his remuneration shall be payable to his estate
up to the day on which he died.
If he was engaged for the voyage, one-half of his wages shall be
payable if he dies on the outward voyage, or at the port of destination.
The whole of his remuneration shall be payable in the event of his
dying on the return voyage.
In the event of the seaman being engaged on the basis of a share
in profits or freight, his total share shall be due in the event of his
dying after the voyage has commenced.
The whole of the remuneration of a seaman'who has been killed in
defending the vessel shall be due in respect of the whole voyage, if
the vessel reaches port in safety.
106. A seaman made prisoner on board shall be paid his remuneration till the day of imprisonment.
216
BELGIUM
If taken prisoner when sent to sea or ashore on the vessel's service,
he shall be entitled to the whole of his remuneration.
107. Any seaman who can prove that he has been discharged without any valid reason shall be entitled to compensation against the
master.
The compensation shall be fixed at one-third of his remuneration,
in the event of the discharge having taken place before the voyage
was commenced.
The compensation shall be fixed at the full remuneration, and payment of the passage money home, in the event of the discharge having
taken place during the voyage.
In none of the cases above referred to may the master charge the
amount of the compensation against the owners of the vessel.
No compensation shall be payable in the event of the seaman being
discharged previous to the list of crew being closed.
In no case may the master discharge a seaman in a foreign country.
108. The seamen's wages shall be a first charge on the vessel and
the freights earned during the continuance of the agreement with the
crew.
109. All provisions concerning remuneration, medical attention, and
repatriation of seamen shall apply to the officers and all the other
.members of the crew.
110. All provisions concerning the wages of sick or injured seamen,
repatriation and attention and treatment shall be of a public character.
Provisions applicable to the Two Preceding Parts
111. The master and members of the crew may not, under any
pretext whatsoever, place on board the vessel any goods on their own
account without the permission of the owners and without paying
freight therefor, unless authorised to do so by the agreement.
If, prior to the sailing of the vessel, the goods wrongfully placed on
board have not been landed, those responsible for placing them on board
shall pay on the goods twice the amount of the freight which would
have been payable had they been carried with the owners' consent,
without prejudice to heavier damages if the circumstances so warrant.
MARITIME DISCIPLINARY
AND PENAL CODE
217
Maritime Disciplinary and Penal Code
[Dated 21 June 1849]
PREAMBLE
1. The offences which the present Law punishes by disciplinary
measures are acts of insubordination.
The offences which the present Law punishes by fine or imprisonment are misdemeanours.
The offences which the present Law punishes by severe penaltiesare crimes.
2. Offences, misdemeanours, and crimes not set forth in the present
Law shall be tried and punished according to the general law.
3. All persons, whose names are on the ship's articles as employed
or otherwise in any capacity whatsoever, are subject to the rules of
discipline established on merchant or fishing vessels and are amenable
to the present Law for acts of insubordination, misdemeanour, and
crime herein set forth from the day they sign on to that of their final
discharge.
Passengers, however, can only be held amenable to the jurisdiction
and punishments in matters of discipline during the time they are
actually on board. They are at liberty at all times to leave the ship
unless they are detained for the purpose of being handed over to the
authorities for having committed any crime or serious misdemeanour.
4. The persons referred to in the first paragraph of the preceding
section continue under the same rules of discipline in the event of the
ship's loss by wreck, fortune of war, or any other cause, until they are
handed over to some Belgian authority.
The same rule shall be observed in the case of shipwrecked or destitute
seamen or deserters who, by order of a Belgian authority, shall have
been shipped as passengers for repatriation.
TITLE
I
Penalisation
CHAPTER I. —
PUNISHMENTS
5. The following are the punishments to be applied for acts of
insubordination, viz. :
218
BELGIUM
(a) For the crew:
Forfeiture of their allowance of spirits or wine for not more than
three days ;
To keep watch on the top gallant yards or at the mast head for not
less than half an hour or more than four hours;
Forfeiture of from 1 to 30 days' pay or of from 2 to 50 francs if the
crew is paid by shares in the vessel's earnings;
To be placed in foot irons for not more than three days;
To be placed in solitary confinement for not more than three days;
The punishment of putting in foot irons or that of solitary confinement may be accompanied by the forfeiture of spirits or wine,
and even of rations, save bread and water;
Disrating from rank of able seaman to that of ordinary seaman.
(b) For the officers:
Forfeiture of from ten to forty days' pay, or of from 20 to 100 francs
if paid by shares in the ship's earnings;
Simple arrest for not more than twenty days with the continuation
of their duties;
To be confined to their cabins for not more than eight days;
Temporary suspension of their duties and being deprived of the
right to take their meals at the captain's table;
Disrating from their rank and to serve before the mast during the
remainder of the voyage or until due discharge.
(c) For the passengers :
(1) Cabin passengers:
To be deprived of the right to take their meals at the captain's
table for a period not exceeding eight days;
To be confined to their cabins for not more than eight days.
(2) Steerage passengers:
To be deprived of the privilege of going on deck for a period of
not more than eight days.
6. Officers and passengers refusing to submit to any punishment
meted out to them, after having been duly warned that their resistance
exposes them to more severe punishment, are liable to be placed in
irons for not more than five days, or under arrest for not more than
ten days.
7. The following are the punishments to be applied for misdemeanours, viz.:
(a) For the crew:
To be shipped on board a vessel belonging to the State for a voyage
of from three months to three years at the rate of wages of a thirdclass seaman. In such cases the Court shall further sentence the
delinquent to a term of imprisonment which shall not exceed
one-third of the term of the original sentence, the latter sentence
to be carried out when service on board a vessel belonging to the
State is not practicable.
MARITIME DISCIPLINARY AND
PENAL CODE
219
(b) For the officers:
To be deprived of any command for not less than one month and
• not more than two years, except in such cases as are set fourth
in section 30.
(c) For the crew, the officers and the passengers:
Imprisonment for not less than six days and not more than
years ;
Fines of from sixteen to three hundred francs. In the case of
the Court shall further sentence the delinquent, in default of
îent within the prescribed limit of time, to imprisonment of
eight days to three months.
five
fines
payfrom
8. The punishments for crimes are the same as those set forth in
sections 7 and 8 of the Penal Code.
9. The following are included under the denomination of officers,
viz.:
The captain, master or skipper, first, second and third officers. For
the application of punishments, the doctor or surgeon of the vessel is
included among the officers.
CHAPTER II. — OFFENCES AND THEIR PUNISHMENT
Division I. — Insubordination
10. The following are acts of insubordination, viz.:
Simple disobedience;
Failure to go on duty ;
Failure to take the watch;
Want of vigilance when on watch;
Intoxication without disorder;
Wrangling;
Absence from the vessel, without leave from the. captain, for a period
not exceeding twenty-four hours ;
Unlawful absence on shore after expiration of leave for a period not
exceeding twenty-four hours, without prejudice to the penalties
set forth in sections 16 to 19, which shall be applied to any unlawful
absence of more than six hours when the vessel is ready to sail;
Secreting wine or spirits on board.
The want of respect to superiors and generally all acts arising from
negligence or idleness and which only constitute a light fault or
want of order or discipline.
The punishments for these offences shall be one of those set forth
in section 5 at the option of the authorities designated in section 41.
11. Seamen who, during the time they have been placed in irons or
confinement, may have been replaced by substitutes shall be made
to pay for the same out of their wages or any share of the vessel's
earnings coming to them.
220
BELGIUM
Division II. — Misdemeanours
12. The following are misdemeanours, viz.:
Repeated insubordination;
Disobedience with refusal to obey;
Disobedience with abuse or threats ;
Intoxication with disorder;
Lighting fire or going with any sort of fire, lighted lamp, candle,
pipe, or cigar, into those parts of the ship where such are forbidden;
Being found asleep at the wheel, or on watch, or deserting post without being relieved ;
Using the ship's boats without permission ;
Damaging anything belonging to the vessel or its equipment ;
The adulteration of food supplies or cargo by mixing them with
harmless substances;
Petty larceny by boatswain, quartermaster, seaman, apprentice or
boy'when the object of the offence is not above ten francs in value;
Desertion;
Assault upon a superior officer;
Rebellion against the orders of the captain, when engaged in by
two or more persons not exceeding one-third of the crew, the
officers and passengers included;
These offences shall be punished separately or accumulatively by
the punishments specified in section 7 at the judge's option, save in
the cases provided for in the following section.
13. Any seaman guilty of insulting the captain or any officer by
words, acts, or threats shall be punished by imprisonment for a term
of from six days to one year. The judge may add to such a sentence
a fine of from 16 to 100 francs.
14. Any seaman guilty of an assault against the captain or any
officer shall be punished by imprisonment for a term of from three
months to three years. The judge may add to such a sentence a fine
of from 50 to 300 francs,
15. Any seaman who refuses to obey the commands of the captain
or any officer for the proper manoeuvring of the vessel or maintenance
of discipline on board, shall be punished by imprisonment for a term
of from six days to six months. The judge may add to such a sentence
a fine of from 16 to 100 francs.
The term of' imprisonment may be extended to five years and the
fine to 300 francs if the commands have been given for the safety of
the vessel or of the cargo. This latter provision is applicable also to
passengers.
16. Seamen who have signed the articles of a merchant or fishing
vessel, and who at home shall have deserted or failed to join the vessel,
shall, if arrested before the vessel's departure, be handed over to the
captain, and they shall receive from the day of their offence to the
termination of their contract only one-half of the pay or shares to
which they would otherwise have been entitled.
MARITIME DISCIPLINARY AND PENAL CODE
221
17. If the deserter cannot be handed over to the captain before
the departure of the vessel, he shall forfeit all wages or shares due to
him up to the day of the offence; he shall further be sentenced to
imprisonment for a term of fifteen days and to be shipped for a period
of from six months to one year on board of a vessel belonging to the
State at the rate of pay of a seaman of the third class, if he be a petty
officer or a sailor, and with the pay of a boy if he be an apprentice
or a boy.
The account for pay shall be made at the end of his term and the
amount due shall be handed by the Government to the water bailiffs
to be distributed by them in conformity with sections 63 and following,
18. Seamen who desert abroad, who refuse or fail to join the vessel
shall, if arrested and handed over to the captain, complete their voyage
on half pay or half shares and be sentenced upon their return home
to imprisonment for a term of fifteen days and to shipment on board
of a vessel belonging to the State for a period of not less than six months
or more than one year at the rate of pay prescribed in the preceding
section.
19. If the deserter cannot be handed over to the captain, he shall
forfeit the pay or shares due to him at the time of his desertion ; he shall
be sentenced also to imprisonment for a term of fifteen days and to
be shipped on board of a vessel belonging to the State for a period of
not less than one year or more than two years, at the rate of pay prescribed in section 17.
The term ot imprisonment shall be extended to one month and the
service on board a vessel belonging to the State to three years, if the
desertion takes place outside of Europe.
20. Any seaman, convicted of aiding or abetting desertion, shall be
punished in the same manner as the deserter.
All other accomplices shall be punished separately or accumulatively
by being fined from 16 to 500 francs and sentenced to a term of imprisonment of from fifteen days to six months.
21. Seamen taking on board or landing at a foreign port, unknown
to the captain, any goods the seizure of which might render the captain
or the owners liable to damages or expense shall for such offence be
sentenced to imprisonment for a term of from one month to two years,
and at the expiration of their term to be shipped on board a vessel
belonging to the State for a period of from three months to two years
at the rate of wages prescribed in section 17.
22. A captain, convicted of smuggling or of permitting same at
any foreign port unknown to his owners and thus rendering the vessel
or any part of her cargo liable to fine or seizure, shall for such offence
be amenable to imprisonment for a term of from three months to three
years, and shall have his certificate suspended for not less than one
year or more than two years from the date of the sentence.
23. A captain found intoxicated when in command of his vessel
shall have his certificate suspended for a period of from one to six
months and, for a repetition of the offence, for six months to two year's.
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In either case he may be further sentenced to a term of imprisonment
of from fifteen days to six months.
24. Any captain who abuses his power or permits any abuse of
power on the part of others, or who, without lawful motive, shall have
ill-treated any officer, passenger, or sailor shall for such offence be
punished by imprisonment for a term of from six days to one year
and further shall have his certificate suspended for a period of not
less than three months or more than one year.
25. A captain who refuses to obey the orders of the consuls, water
bailiffs or naval authorities, or who insults by words, acts, or threats
such authorities in the exercise of their duties shall be fined from 50
to 500 francs; he may also be sentenced to a term of imprisonment of
from six days to one year.
26. A captain or officer who damages or allows to be damaged any
of the property of the owners on board the vessel shall be fined from
50 to 100 francs.
27. A captain who proceeds to sea without the ship's articles or
who fails to comply with the requirements laid down by the maritime
laws or to carry out the prescriptions of sections 224, 225, 226, and 227
of the Commercial Code shall be fined from 50 to 300 francs. He may
also be imprisoned for a term of from six to fifteen days.
28. A captain who violates section 241 of the Commercial Code
shall be sentenced to imprisonment for a term of from three months
to three years.
29. A captain who, when forced to abandon his vessel, is not the
last to leave her is subject to the same punishment.
In the cases provided for by this and the preceding sections the
judge may further suspend the captain's certificate for a period of not
less than one year or more than two years commencing from the day
the imprisonment expires.
30. A captain who, unless by reason of an act of God, breaks his
contract and abandons his vessel shall be sentenced, if the vessel be
safely in port, to imprisonment for a term of not less than one month
or more than two years and shall have his certificate suspended for a
period of one year commencing from the day the imprisonment expires.
If the vessel be in the roads the term of imprisonment shall be not less
than six months or more than three years and his certificate shall be
suspended for two years. If the vessel be at sea, the term of imprisonment shall be from one to five years with cancellation of his certificate.
Division III. — Crimes
31. A captain or pilot, in charge of a vessel or other craft of the
merchant marine or a fishing smack, who voluntarily and with criminal
intent runs the vessel ashore, loses or destroys her by any means other
than by fire or mines shall suffer penal servitude.
If loss of life is incurred through the stranding or destruction of the
vessel, the punishment provided for homicide in section 437, paragraph 2,
of the Penal Code shall be applied.
MARITIME DISCIPLINARY AND PENAL CODE
223
Officers and members of the crew guilty of these crimes shall suffer
the same punishments.
32. A captain in command of a vessel or other craft of the merchant
marine or of a fishing smack who, with fraudulent intent, shall appropriate the vessel for his own profit shall suffer penal servitude.
33. Jhe same punishment shall be inflicted upon a captain who,
voluntarily and with criminal intent, shall throw overboard or destroy
unnecessarily the whole or any part of the cargo, ship's stores, or provisions, or deviate from his proper course.
34. A captain who, with fraudulent intent, commits any of the acts
described in section 236 of that Commercial Code or sells his vessel
for any other cause than that provided for by section 237 of the same
Code, or who discharges any part of the cargo in violation of section 248
of the same Code shall be punished by imprisonment.
35. Thefts committed on board of any vessel by the captain, officers,
purser, or passengers shall be punished by imprisonment. Thé same
punishment shall be inflicted for thefts committed by petty officers,
sailors, apprentices and boys when the objects stolen exceed the value
of ten francs.
36. The same punishment applies to captains, officers, pursers, the
crew, or passengers who are found guilty of adulterating with harmless
substances the provisions or cargo on board.
37. Attacks on the captain or resistance to his orders, with violence
and assault, by more than one-third of the crew, officers and passengers
included, shall be punished by imprisonment. If the parties in revolt
be armed they shall suffer penal servitude.
Parties in revolt are considered to be armed if one man is found in
possession of an offensive weapon.
Pocket knives in the hands of seamen in revolt shall be considered
as arms by the mere fact that they are carried openly.
38. In the case provided for by paragraph 2 of section 15, the culprit
shall suffer imprisonment if the act is preceded, accompanied, or followed
by assault.
39. A seaman or passenger who takes part in a conspiracy against
the safety, liberty, or authority of the captain shall be punished by
imprisonment.
By conspiracy is meant the resolution to act in concert made between
at least two persons shipped on board any seagoing craft.
40. Seamen or passengers who, by fraud or violence against the
captain, seize the vessel shall suffer penal servitude for life, if they are
officers or leaders of the conspiracy. The other members of the crew
shall suffer penal servitude.
If the crime is preceded, accompanied, or followed by homicide, the
punishment provided for in section 304, paragraph 1, of the Penal Code
shall be applied to all the culprits without distinction.
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TITLE
II
Jurisdiction
CHAPTER I. —• JURISDICTION IN MATTERS OF DISCIPLINE*
41. The right to give judgment upon any act of insubordination
•and to inflict the proper penalty therefor without appeal or revision
is vested in:
(1) The water bailiffs ;
(2) The consuls;
(3) The commanders of warships ;
(4) The captains of merchant ships.
42. The above right is exercised in the following manner :
(1) When the vessel lies in a Belgian port or roadstead, jurisdiction
is vested in the water bailiff to whom the captain must make
his complaint;
(2) If the vessel lies in a foreign port or roadstead, the captain shall
make his complaint to the Belgian consul;
{3) If there be no Belgian consul, then to the commander of a ship
of war, if one is present;
(4) If the vessel is at sea or lies in any port or roadstead where
there are none of the above-named authorities, jurisdiction is
vested in the captain who shall apply the punishments for
insubordination subject to reporting the same to the water
bailiff on his vessel's arrival at a Belgian port and in the meantime to the Belgian consul at the first port of call.
CHAPTER
II.
—
JURISDICTION
OVER MISDEMEANOURS
AND
CRIMES
43. The Criminal Courts and Courts of Assizes shall have jurisdiction
over all misdemeanours and crimes in conformity with the laws in
force.
TITLE
III
Modes of Procedure
CHAPTER I. :— MODES OF PROCEDURE IN MATTERS OF INSUBORDINATION
44. All acts of insubordination shall be duly entered in the official
log-book which is prescribed by section 225 of the Commercial Code.
The official who shall have judged the case shall enter his decision
a n d sign the entry.
MARITIME DISCIPLINARY AND PENAL CODE
225
CHAPTER II. — MODES OF PROCEDURE IN MATTERS OF
MISDEMEANOURS AND CRIMES
45. As soon as a misdemeanour or crime shall have been committed
during the voyage, a written report shall be made to the captain by
the first or second officer. An entry shall be made in the official logbook.
46. The captain, assisted by the officer who made the report, shall
then hold a summary and preparatory investigation, take the testimony
of witnesses, and draw up a report of the same. An entry of this shall
likewise be made in the official log-book.
47. The captain shall report the case to the Belgian consul at the
first port at which he calls after the offence has been committed.
If necessary, the consul shall complete the investigation and remove
the offender from the vessel to send him with the brief of the case to
the vessel's sailing port. If there is no consul, the commander of a
ship of war, if there be one present, may proceed in the same manner.
48. The captain shall report the case to the water bailiff at the
first Belgian port of call and the case shall then undergo a further
investigation in conformity with the Law, and if necessary the culprit
shall be imprisoned until a decision is arrived at.
49. If the offence takes place in Belgium the captain shall, within
three days from the day on which it was committed, file his complaint
with the water bailiff. If in a foreign port where there is a Belgian
consul, he shall file his complaint with this official, and if the offence
is committed after putting out to sea, or at sea, or in a locality where
there is no Belgian consul, he shall file his complaint within twentyfour hours with the Belgian consul at the first port of call.
50. The consul and water bailiff shall draw up a report of the
complaint which the captain shall confirm under oath. They shall
note the carrying out of this formality at the foot of the document,
which shall serve as evidence until proof to the contrary is brought
forward.
The reports drawn up by the consuls shall be duly registered in the
archives of the consulate and then transmitted to the Minister who
shall hand them over to the competent King's attorney. A certified
copy shall be delivered to the captain who shall file it within twentyfour hours with the water bailiff at the port of arrival.
51. A captain, who neglects to conform to the prescriptions of the
present chapter, shall be fined 50 francs, which sum shall be paid into
the Belgian Seamen's Fund (Caisse de Secours et de Prévoyance en
faveur des marins naviguant sous pavillon belge).
TITLE
IV
Miscellaneous Provisions
52. The captain is authorised to exercise whatever authority is
requisite for the security of the vessel, the care of the cargo, and the
successful termination of the voyage.
15
226
53.
BELGIUM
The captain must exercise his authority with all due moderation.
54. The captain is authorised to use force to place the author of a
crime out of the possibility of causing further harm; but he has no
jurisdiction over the criminal and must, when abroad, ship the culprit
on board of a vessel belonging to the State or hand him over to a Belgian
consul, and, if this is not possible, hand him over on his arrival in Belgium
to the competent authorities.
55. In the event of mutiny or revolt, the resistance thereto made
by the captain, his officers or the seamen who remain faithful to him
may, in view of the circumstances to be appreciated by the judge, be
considered as an act of legitimate self-defence.
56. Any person found guilty of a grave offence or crime, or considered
by the captain, the officers and principal seamen as dangerous or unruly,
shall be separated from the rest of the crew and, in order to be unable
to escape or to do any harm, may be placed in irons or solitary confinement until the arrival of the vessel at its first port of call or destination
or until a vessel belonging to the State is met.
This provision of the law is likewise applicable to officers and passengers.
An entry of the case shall be made in the official log-book.
57. In all cases where the Law calls for imprisonment or fine, the
Courts, if there are extenuating circumstances, are authorised to reduce
the term of imprisonment to less than six days and the fine to less than
16 francs, providing the penalty is in no case less than that of the
Police Court.
58. In all cases where the Law calls for penal servitude or solitary
confinement the Court of Assizes, if there are extenuating circumstances
which must be mentioned, is authorised to exempt the prisoner from
becoming an object of public curiosity or even commute the sentence
of hard labour to one of solitary confinement or to simple imprisonment
for not less than six months, or solitary confinement to simple imprisonment which may not be for less than eight days.
59. In all cases where there is ground for merely applying a punishment for misdemeanour, by virtue of an excuse or owing to extenuating circumstances, and in the case where there is ground for applying
sections 65 and 67 of the Penal Code the judges, provided they are
unanimous, are authorised to order that the offender be sent before
the Police Court.
The Court of Jurisdiction may by a mere majority exercise the same
authority.
The Public Prosecutor and the Civil Authorities may oppose the
order of the Judges in Council in conformity with the provisions of the
Code of Criminal Procedure.
60. The Police Court, before which the offender is sent, may not
decline its competency to act as regards age, excuse, or extenuating
circumstances.
MARITIME DISCIPLINARY AND PENAL CODE
227
It may sentence the offender to a term of imprisonment of not less
than the minimum fixed by section 58 and in accordance with the
distinctions expressed therein.
However, in the case provided for by section 67, paragraph 2, of
the Penal Code, it shall decide in conformity with same.
In all other cases provided for by the same section and in those set
forth in section 326 of the same Code, the Court may give a sentence
of imprisonment for a term of not less than eight days.
61. If the case brought before the Police Court be one of mere
insubordination, the judge shall apply a disciplinary punishment. If
the offence constitutes a crime he shall comply with section 193 of
the Code of Criminal Procedure.
62. The product of all deductions from wages or shares made by
virtue of this law shall be paid by the water bailiffs to the Belgian
Seamen's Fund above mentioned.
63. The water bailiff to whom the Government hands, after final
deductions, the balance due to seamen shipped at the lower rate of
pay by virtue of sections 17, 18, and 19 of this law, shall deduct from
same:
(1). All law costs;
(2) Everything due to the vessel's owners for advances made or
expenses and damages incurred by desertion or fraud; the balance
only to be paid to the seaman.
If the advances made, as well as the expenses and damages incurred
due to the owners, exceed the balance of the account, the water bailiff
shall add, to make up the amount due to the owner, the amount of
pay or shares deducted or lost by virtue of sections 16, 17, 18, and 19
of this law; the balance then remaining shall be paid into the Belgian
Seamen's Fund.
64. The owners of the vessel shall furnish to the water bailiffs an
exact account with vouchers of all the sums due to them for advances
made, expenses and damages.
The water bailiffs shall verify these accounts and shall pass or reduce
them if necessary.
Should they make any deductions which may not be admitted by
the owners, then the account in dispute shall be submitted to the
Tribunal of Commerce for final settlement.
65. Ship's officers and surgeons, who may be found guilty of desertion or fraud in any of the forms provided for by this law, are liable
to the same penalties as regards deductions from pay or shares as other
seamen; however, the Courts shall substitute for shipment on board
a vessel belonging to the State, imprisonment for a term of not less
than one month or more than two years.
66. Articles 2, 51, 56, 57, 58, 59, 60, 62, 63, 64, 65, 66, 67, 68, 69,
70, 71, 72, and 74 of the Penal Code are applicable to the cases set forth
in this law.
67. In all cases provided for by this law and by section 638 of the
Code of Criminal Procedure, the right of public or criminal action shall
be lost by prescription after five years from the date of the offence.
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BELGIUM
Royal Order laying down the Duties of
Maritime Superintendents
[Dated 8 March 1843]
CHAPTER I. — CONCERNING THE ADMINISTRATION AND SUPERVISION
OF MARITIME REGULATIONS
1. The Department of the Marine shall be charged with the supervision and administration of the Maritime Regulations.
2. The Maritime Regulations shall be enforced in the cities of Antwerp, Ostend, Ghent, Bruges, Brussels, Louvain and Nieuwport by
officials bearing the title of Maritime Superintendents ("Commissaires
maritimes") and having under their orders a certain number of special
agents.
CHAPTER II. — CONCERNING MARITIME SUPERINTENDENTS AND THEIR
DUTIES
4. The duties of Maritime Superintendents shall consist of the supervision and enforcement of regulations concerning maritime shipping.
Their duties shall be:
(1) Enrolment.
(2) The drawing up of lists of crew.
(3) The examination of lists of crew.
(4) The examination of inward and outward clearances.
(5) The discharge of crews and their payment, upon the application
of the parties or of one of them.
(6) The denouncement to the competent authorities of seamen who
desert, and their arrest.
(7) The drawing up of documents recording the loss of crews or of
parts of crews.
(8) The enquiry into all crimes, offences, and misdemeanours committed on board ships, without prejudice to any assistance on
the part of other officers or agents, in accordance with existing
laws.
(9) The visa of passengers' passports.
(10) The chaining of vessels.
(11) And, generally, all acts of public interest connected with the
Maritime Regulations (Act of 27 September 1842).
5. Maritime Superintendents are police officers and as such placed
under the supervision of the Public Prosecutor.
ROYAL ORDER OF 8 MARCH 1843
229
Before entering upon their office, they shall take oath before the Tribunal of Justice of the place of their residence. Their powers shall,
none the less, not be circumscribed within the district of that Tribunal
(Act of 27 September 1842).
6. In their capacity of police officers, Maritime Superintendents
shall comply with the provisions of the code governing the investigation
of criminal cases and with the other general police regulations.
CHAPTER III.
—
CONCERNING THE ENGAGEMENT OF SEAMEN 1
CHAPTER IV. — CONCERNING THE DRAWING UP OF LISTS OF CREW
CHAPTER V. — CONCERNING THE INSPECTION OF LISTS OF CREW
CHAPTER VI. — CONCERNING PRATIQUE AND CLEARANCE
1
1
1
CHAPTER VII. -— CONCERNING THE DISCHARGE OF CREWS AND THEIR
PAYMENT AT THE REQUEST OF THE INTERESTED PARTIES
OR OF ONE OF T H E M 1
CHAPTER
VIII. —
CONCERNING THE ARREST OF DESERTING
OR REFRACTORY SEAMEN
30. In case of complaint or of denouncement by either masters or
consuls, against deserting or refractory seamen, a Maritime Superintendent shall act in accordance with the laws and regulations.
31. When a seaman has been committed to prison, the Maritime
Superintendent shall advise thereof the master or consul who has applied
for the man's arrest.
32. The despatch of such advice shall be recorded by a receipt to be
signed by the party to whom it is given and indicating the hour at which
it occurs.
CHAPTER IX. — CONCERNING THE DRAWING UP OF DOCUMENTS
RECORDING THE LOSS OF A CREW OR OF PART OF A CREW
33. The Maritime Superintendent shall draw up a report of all
statements which may be made to him by masters concerning desertions,
deaths, etc., in accordance with the provisions of section 21, as above.
Reports recording crimes, offences or misdemeanours shall be forwarded immediately to the Public Prosecutor.
The description of the accused shall be annexed to the report.
1
Abrogated by the Royal Decree of 20 March 1914.
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BELGIUM
CHAPTER X. — CONCERNING THE ENQUIRY INTO CRIMES,
MISDEMEANOURS, OR OTHER OFFENCES COMMITTED
ON BOARD SHIP
34. It shall be the duty of Maritime Superintendents to lend their
assistance to any masters who may ask for their intervention for the
purpose of restoring order on board their ships.
35. In the event of a theft having been committed on board a merchant vessel, the Maritime Superintendent shall proceed to the latter:
draw up an official report; examine any place broken open, also any
other aggravating circumstances, and, if necessary, arrest the party
accused.
36. In the event of his hearing, either in consequence of a denouncement, or complaint, or by report or otherwise, that a crime or an offence
has been committed and that the person committing such crime or
offence has taken refuge on board a merchant vessel, he shall at once
proceed to the latter for the purpose of examining the accused individual,
hearing the evidence of witnesses and arresting the accused, if necessary.
37. In the event of the vessel in question being a foreign vessel and
in the event of a Maritime Superintendent being refused admittance
either by his passage being barred by means of the flag or in any other
manner, he shall draw up an official report of the fact and at once send
a duplicate thereof to the consul of the nation to which the vessel
belongs.
38. In the event of the consul failing to order the removal of the
obstacle placed in the Superintendent's way, the latter shall report
accordingly to the Public Prosecutor and to the higher authority who
will then act in accordance with the law.
39. The Maritime Superintendent shall do, both on merchant vessels
and in port, in regard to individuals belonging to the crews of such
vessels, any other administrative or judicial acts which come generally
within the competence of Superintendents of Police.
ROYAL ORDER OF 2 2 MAY 1 9 1 4
231.
Royal Order respecting the Engagement
of Seamen Abroad
[Dated 22 May 1914]
1. When the crew of a Belgian vessel are engaged in a foreign port,
the Belgian consul shall attest the engagement and draw up the list
of crew.
2. For this purpose the master shall deliver to the consul a list
containing the full names, capacities and addresses of the seamen proposed for engagement, as also the place and the date of their birth.
3. The consul shall muster the seamen.
He shall only proceed with the engagement if their identity is duly
established.
He shall refuse to engage those who, to his knowledge, may be wanted
by the judicial authorities or claimed as deserters from other vessels, or,
furthermore, those, if Belgian subjects, who may not have complied
with the military service laws.
The conditions of engagement shall be read in a clear and intelligible
manner in one of the two national languages. They shall also be posted
up, in Flemish and in French, in some part of the vessel which is accessible
to the crew.
4. The list of crew shall be retained at the consulate and a copy
delivered to the master.
A second copy shall be sent to the Foreign Office for transmission to the
Marine Department.
The list of crew and the copy for the master shall be signed by the
consul, the master, and the seamen engaged. The Foreign Office copy
shall, be signed by the consul.
5. In the absence of a consul in the foreign port where the crew are
engaged, the master shall proceed as provided in paragraphs 1, 3 and 4
of section 8, and the engagement shall be regularised in the first port
where this formality can be complied with.
6. When any change takes place abroad in the crew of a Belgian vessel,
all new engagements shall be attested by the Belgian consul in accordance
with sections 2 and 3 .
All changes shall be recorded in the copy of the list of crew in the
possession of the master.
If the vessel is not bound to a Belgian port, the change shall also be
notified by the consul to the Foreign Office for the information of the
Marine Department.
7. By way of exception, a change in the crew may be effected without
recourse to the consul, when unforeseen and accidental events nécessitât-
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BELGIUM
ing such a change occur at a moment which is so close to the time previously fixed for the sailing of the vessel that this recourse could not take
place without delaying the sailing.
The same shall apply in the absence of a Belgian consul.
8. In such a case the master shall proceed in accordance with paragraph 4 of section 3.
The engagement shall take place in the presence of two witnesses, one
of whom shall be selected from among the principal members of the crew,
and the other, as far as possible, from among the seamen of the same
rating as the person engaged.
The engagement shall be attested in the ship's log. Any change in the
crew shall be recorded therein, together with the full name, capacity and
address of the person engaged, as also the date and place of birth.
The statement shall, moreover, set forth the unforeseen and accidental
circumstances which justify the absence of previous sanction and shall
show that the master had complied with the requirements of this section.
This statement shall be signed by the master, the witnesses and the
party engaged.
In no case may the master proceed in accordance with this section in
the case of a seaman, who, to his knowledge, does not satisfy the conditions laid down in paragraphs 2 and 3 of section 3.
9. An engagement made under the provisions of section 8 shall be
valid until the vessel reaches the first port in which the list of the crew can
be regulated by the proper authority.
When the engagement is made by the master under the circumstances
referred to in section 7, all changes attested in the ship's log shall be
notified by the master to the Belgian consul at the earliest possible
moment.
10. The Belgian consul shall, when required, be present at the discharge of the whole or part of the crew of any Belgian vessel. The
master shall, for this purpose, furnish a detailed account of the wages due
to the seamen who are to be discharged.
The consul shall be satisfied that the provisions as to wages have been
complied with.
The payment shall be noted in the list of crew and signed by the seamen
on discharge.
When the list of crew ceases to be current, the master shall be supplied,
on his application, with a certified true extract of all accounts of payments.
In the case of a wages dispute, the consul shall endeavour to arrive at a
settlement, failing which he shall refer the parties to the competent Court
of Justice.
11. It shall be the duty of our Minister for Foreign Affairs to ensure
the observance of this Decree which shall come into force on 1 July 1914.
ROYAL ORDER OF 2 0 MARCH 1 9 1 4
233
Royal Order respecting Maritime Police
[Dated 20 March 1914]
I. Sections 7 to 29 and 48 to 56 of the Royal Decree of 8 March
1843, modified by the one of 25 January 1909 and relating to the organisation of the Maritime Police Service, as also the Royal Decrees of
31 December 1849 and of 16 January 1855 concerning Seamen's Discharge Books are repealed and the following provisions substituted
therefor as from 1 July 1914:
CHAPTER III.
—
ENGAGEMENT OF CREWS
Part I. — Drawing up of the List of Crew
7. When the crew of a Belgian vessel are engaged in a Belgian port,
the marine superintendent (commissaire maritime) shall attest the
engagement and draw up the list of crew.
8. For this purpose the master shall notify the marine superintendent
not less than four hours prior to the engagement and shall deliver to
him at the same time a list containing the full names, capacities and
addresses of the seamen proposed for engagement as also the place
and date of their birth.
9. The marine superintendent shall muster the seamen.
He shall be satisfied that they are not required by the Judicial
Authorities or claimed as deserters from other vessels.
He shall only proceed to engage seamen if their identity has been
duly established. As regards nationals, he shall be satisfied that they
have complied with the military service laws.
10. The conditions of the engagement shall be read in a clear and
intelligible manner in one of the two national languages at the option
of the parties concerned.
The conditions of engagement shall be posted up in Flemish and
in French in some part of the vessel which is accessible to the whole
crew.
II. The list of crew shall be retained at the mercantile marine
office (commissariat maritime) and a stamped copy delivered to the
master. The list of crew and the copy shall be signed by the superintendent, the master and the seamen engaged. The form and the
conditions of this document shall be prescribed by Ministerial Order.
12. Every list of crew shall be renewed within the year following
the year in which it was drawn up.
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BELGIUM
It shall remain valid during that period irrespective of the number
of changes made.
Notwithstanding, if owing to force majeure, the list of crew is not
renewed within the prescribed time, its validity shall extend until
it can be renewed.
Part II. — Changes in the Crew
13. Whenever changes occur, in Belgium, in the list of crew of a
Belgian vessel, new engagements shall be attested by the marine superintendent in conformity with sections 8, 9, and 10 of this Decree.
The changes shall be entered in the original and in the copy of the
list of crew.
If the original is not deposited at the mercantile marine office at
which the change is made, a statement of change of crew shall be drawn
up for recording in the general register maintained at Antwerp. For
fishing boats, the record shall be made at the local mercantile marine
office.
The original and the copy shall be signed by the superintendent, the
master and the engaged seamen.
14. By way of exception, a change in the crew may be effected
without previous recourse to the marine superintendent when unforeseen and accidental events necessitating such a change occur at a moment
which is so close to the time previously fixed for the sailing of the vessel
that this recourse could not take place, without delaying the sailing.
15. In such a case, the master shall proceed in conformity with
section 10.
The engagement shall take place in the presence of two witnesses,
one of whom shall be selected from among the principal members of
the crew, and the other, as far as possible, from among the seamen
of the same rating as the person engaged.
The engagement shall be attested in the log-book. Any change in the
crew shall be recorded therein together with the full name, capacity
and address of the person engaged as also the date and place of birth.
The statement shall, moreover, set forth the unforeseen and accidental
circumstances which justify the absence of the previous sanction and
shall show that the master has complied with the requirements of this
section. This statement shall be signed by the masters, witnesses and
the person engaged.
In no case may the master proceed in-conformity with this section
in the case of a seaman, who, to his knowledge, does not satisfy the
conditions laid down in section 9.
An engagement made under the conditions provided in section 15
shall be valid until the arrival of the vessel at the first port in which
the list of crew can be regularised by the proper authority.
17. The changes attested in the log-book shall be notified by the
master to the marine superintendent at the earliest possible moment.
The form of notice shall be prescribed by Ministerial Order.
ROYAL ORDER OF 20 MARCH 1914
235
CHAPTER IV. — ARRIVAL AND SAILING OF BELGIAN VESSELS
18. Within twenty-four hours after the arrival as also within twentyfour hours before the sailing of the vessel, every master of a Belgian
vessel shall attend at the mercantile marine office for the purpose of
having the list of crew examined and certified.
Subject to section 14 and the following, the list of crew shall contain
every change which has occurred from the time it was made out till
it is presented for certification.
Provided that, in the event of no change having been affected, the
certification shall not be required more often than once a month.
19. Within twenty-four hours of arrival, the master shall likewise
deliver a declaration setting forth all the circumstances calculated
to concern the Maritime Police.
20. The certification required by section 18 shall not be required
in the case of fishing boats when no change has been effected.
CHAPTER V. — FOREIGN VESSELS
21. When a foreign vessel is in a Belgian port where there is no
consul of the country to which she belongs and the master thereof makes
application in writing, the marine superintendent shall draw up a
certificate of engagement in accordance with the declarations of the
parties and deliver it to the master. He shall in that case apply paragraphs 2 and 3 of section 9.
22. Any death occurring in a Belgian port shall be at once notified
by the master or by the consul of the country to which the vessel
belongs. The marine superintendent shall see that the requirements
as to the registration of births, deaths and marriages are observed.
CHAPTER VI. — PROVISIONS CONNECTED WITH THOSE OF THE PRECEDING CHAPTERS, AND WHICH ARE COMMON TO BELGIAN AND
FOREIGN VESSELS
23. Every master shall, on the request of a marine superintendent,
furnish information required about the crew and the identity of the
persons on board.
24. No vessel may leave a Belgian port without prior authority
of the marine superintendent.
For this purpose, the master shall furnish, within 24 hours before
the sailing of the vessel, a written declaration mentioning the proposed
date of sailing and the destination of the vessel. A certificate shall be
granted to the vessel for outward clearance.
The marine superintendent shall detain any vessel if the Maritime
Police Laws and Regulations have not been observed.
236
BELGIUM
All Belgian authorities shall lend their aid in this connection. In
the case of a vessel without a valid certificate, the port authorities shall
not allow her to leave the docks and the Customs authorities shall not
grant outward clearance.
25. The marine superintendent shall demand, for the purpose of
handing them over to the military, any national seamen who have not
complied with the military service laws and who may be on board
vessels lying in the port.
26. If application in this connection is made in time by the master
of a vessel clearing outward the marine superintendent may delegate
one or more of his men with a view to a muster of the crew and a search
for any seaman who may be missing.
27. The marine superintendent shall enquire into and attest all
breaches of Regulations relating to the conveyance of explosive substances.
CHAPTER VII. — DISCHARGE OF CREWS
28. The marine superintendent shall, on receiving at least four
hours' notice from one of the parties, be present at the discharge of the
whole or part of the crew of any Belgian vessel.
' The master shall, for this purpose, furnish a detailed account of the
wages due to the seamen who are to be discharged.
The marine superintendent shall be satisfied that the provisions as
to wages have been complied with. The payment shall be noted in the
list of crew and signed by the seamen on discharge.
When a list of crew ceases to be current, the master shall, upon his
application, receive a certified extract of all accounts of payments.
In case of a wages dispute the marine superintendent shall endeavour
to arrive at a settlement, failing which he shall refer them to the competent Court of Justice.
29. Upon the application of the master and if there is in the port
no consul of the country to which the vessel belongs, the marine superintendent shall be present at the discharge and paying off of a foreign
crew. He shall, in such a case, confine himself to drawing up the
account of payment and to delivering it to the master.
CHAPTER
XVII. —
THE REGISTRATION OF SEAMEN AND THEIR DISCHARGE BOOKS
57. Seamen shall be registered at the mercantile marine office where
engaged.
A general register shall also be maintained at Antwerp in regard to
crews other than those of fishing boats.
58. Every seaman engaged as such under the Belgian flag shall be
the holder of a discharge book which shall be delivered to him free of
charge by the marine superintendent on the occasion of his first engage-
ROYAL ORDER OF 2 0 MARCH 1914
237
ment. Masters other than skippers of fishing boats shall, however,
be exempt from this requirement.
These books shall be printed at the expense of the Marine Department, and shall be drawn up in the form prescribed by Ministerial
Order.
They shall be drawn up in Flemish and in French.
59. The discharge book shall bear the registered number of the
register of the port of issue, and, if there be one, the registered number
of the General Register maintained at the marine office at Antwerp.
The book shall contain a description of the holder, his full name, his
capacity on board and the date and place of birth.
It shall mention the date and place of every engagement and discharge
under the Belgian flag, the name of the vessel, the name of the master
and the proposed or completed voyage.
60. Except in the case of proved force majeure, no person losing his
discharge book shall obtain a duplicate except on subsequent discharge
from a Belgian vessel.
61. The discharge books of seamen engaged under the Belgian flag
shall be handed to the master in whose custody they shall remain up
to the time of discharge.
62. Discharge books of seamen who have died, are missing, or have
deserted shall be delivered by the master at the earliest possible moment
to the marine superintendent or the Belgian consul in the first port
of call.
The discharge books of deceased seamen shall be cancelled and
delivered to the rightful heirs.
Discharge books of deserters shall be forwarded to the Minister of
Marine who alone may sanction their return.
ITALY
The legal provisions relating to articles of agreement, discharge
and discipline of Italian seamen were codified by the Codice vigente
della Marina Mercantile of 24 October 1877, to which various amendments have subsequently been brought in accordance with modern
requirements. Regulations concerning the application of these provisions were issued on 20 November 1879. Certain provisions—¿re
particular those relating to the health of the crew on board ship—have
been amended by special Regulations.
It should be noted that clauses relating to wages and rations, formerly
included in the Code, are now embodied in collective agreements between
shipowners and seamen in conformity with modern practice.
It may be added that on 8 September 1924 Italy ratified the Genoa
(1920) Conventions "concerning unemployment indemnity in case
of loss or foundering of ship" and "on facilities, for finding employment for seamen", and the Geneva (1921) Conventions "fixing
the minimum age for the admission of young persons to employment as
trimmers or stokers", and "concerning the compulsory medical
examination of children and young persons employed at sea".
240
ITALY
Mercantile Marine Code
BOOK I. — ADMINISTRATIVE PROVISIONS
Part II. — Maritime Employment
CHAPTER I. — SEAMEN
17. The term " maritime worker " (gente de mare) comprises all
persons who, by reason of their employment in connection with shipping,
are subject to the discipline specially prescribed for them by thu. Code.
18. Maritime workers are divided into two classes, viz.: persons
employed at sea and persons employed in maritime trades and industries.
Class I includes the following:
(a) masters and skippers;
(6) seamen and boys;
(c) engineers, firemen, and other persons employed in whatsoever
capacity in operating the steam engines on board sea-going
vessels ;
(d) fishermen engaged in deep sea fishing or in fishing in foreign
waters.
Class II includes the following:
(a) shipwrights;
(¿>) ships' carpenters and caulkers;
(c) local pilots;
(d) boatmen, coastwise fishermen, and extra hands on fishing vessels
engaged in deep sea fishing or fishing in foreign waters.
19. Maritime workers of the first class shall be registered on their
appropriate lists.
Every person so registered shall be provided with a registration book
in which the entries on the registration lists shall be copied.
20. Every applicant for registration as a marine worker of the first
•class must fulfil the following conditions:
(a) he must be an Italian citizen ;
(b) he must be over 10 years of age;
(c) he must have been vaccinated or have had smallpox naturally;
(d) where the applicant is under 18 years of age he must have the
consent of the person who has parental authority over him or
who acts as his guardian;
.(e) he must prove that he is domiciled in an Italian commune;
MERCANTILE MARINE CODE
(/)
241
he must show that immediately after registration he will be
engaged as a member of the crew of an Italian vessel.
21. Every registered maritime worker who has completed 18 months
of actual service at sea, and has attained 18 years of age, shall be graded
as a seaman (marinaio).
22. Maritime workers of the second class shall be registered on
separate lists, in the manner to be prescribed by regulation.
23. Persons who are debarred on account of age by the military
recruiting laws from leaving the country except under certain specified
•conditions may not be registered unless they can show that they have
•complied with such conditions.
24. Maritime workers who, after being registered, wish to change
their domicile, shall make a declaration to that effect at the office of
the harbour authority at the port at which they are registered, or at
one of the offices subordinate thereto. Such change of domicile does
not necessarily involve the transference of the registered worker to the
registration lists of another district except at his own express request.
CHAPTER IV. — SHIPOWNERS AND SHIPS' MANAGERS
52. The ship's manager (armatore) is the person who utilises the
Tessei for one or more voyages or expeditions, fits her out with all
necessary supplies for the purpose, and commits her to the charge of a
master or skipper. He may or may not be the owner of the vessel.
53. Before the vessel is fitted out, the owners shall make a formal
declaration appointing a ship's manager before the harbour authorities
in an Italian port, or, if abroad, before the consular official, or shall
produce documentary proof of the powers conferred upon them by the
persons whom they represent.
Failing such declaration and proof, any proprietor who has more
than a half interest in the vessel shall be considered as the ship's manager,
or, where none of the owners has more than a half interest, all the
joint owners shall be considered as ship's managers.
The persons who are appointed as ships' managers for an expedition
or voyage shall be considered as continuing to act in that capacity on
subsequent voyages in the absence of any declaration to the contrary.
54. Where neither the shipowner nor the ship's manager is domiciled
in the district in which the vessel is or is about to be registered, or where
the vessel has several joint owners or several ship's managers, or where
the ship's manager is also master, the owners or ship's managers shall
appoint a person domiciled in the district in which the vessel is registered
to represent them before the maritime authorities.
Shipowners and ships' managers may also appoint persons to represent
them for all legal purposes before the Italian consular authorities in
foreign countries in the cases mentioned in section 61 and the second
paragraph of section 102.
1G
242
ITALY
55. Shipowners and ships' managers shall be responsible to the
Government in respect of any pecuniary penalties incurred by the
master or skipper in the performance of his duties.
56. Shipowners and ships' managers shall also be jointly liable for
the payment of taxes and of all other maritime dues; for all pay and
remuneration and for all deductions from pay on account of the Seaman's Sickness Provident Fund; for the cost of maintenance and
repatriation of the members of the crew ; and for any outlay for such
purposes by Government agents where such expenses are chargeableto the vessel.
The liability for the cost of maintenance and repatriation of members
of the crew terminates if the vessel is wrecked or abandoned ; but they
shall form a charge upon all objects salved, or their proceeds, rankingas a privileged claim under section 133.
With a view to ensuring payment of the expenses mentioned in thissection, the harbour authorities may grant injunctions which shall be
rendered operative by an order of the President of the Civil ¡Court,
without prejudice to the right of appeal to such Court within twelve
days, and after payment of the full amount, as evidence of which the
appellant shall attach a proper receipt to his statement of appealNo appeal shall be allowed if this condition is not fulfilled.
CHAPTER V. — MASTERS AND SKIPPERS
57. No person may command a vessel flying the Italian flag unless
he is a certificated master or skipper, or is otherwise authorised under
the terms of this Code.
Persons of full age who are proprietors of sailing vessels and steamers
used exclusively as pleasure boats, and who belong to societies formed
for sailing such vessels, and recognised by the Ministry of Marine, may
command them in person for any voyage whatsoever without being
obliged to have on board any of the officers mentioned in section 66
of this Code.
58. Shipmasters (capitani) are divided into two classes, viz. distant
trade masters (di longo corso) and great coasting trade masters (di
gran cabotaggio).
Skippers (padroni) form only one single class.
59. Distant trade masters may command vessels bound for any
destination whatsoever. Great coasting trade masters may command
vessels in the Mediterranean, the Black Sea, the Sea of Azov, and,
passing through the Straits of Gibraltar, along the ocean coasts of Spain,,
Portugal, France, and the British Isles, in the North Sea, the Baltic,
and off the West Coast of Africa as far as Senegal, including the islands
not more than 300 miles off any of the aforesaid coasts; passing through
the Suez Canal, they may command vessels in the Red Sea, the Persian
Gulf, and off the Indian coast as far as Bombay and the adjacent
islands.
Skippers may command vessels in the whole of the Mediterranean..
MERCANTILE
MARINE
CODE
243
60. Italian seamen of not less than 21 years of age, who have been
at sea for not less than four years, are able to read and write, have a
knowledge of the compass, and have never been condemned to criminal
penalties (pene criminali) for any offence whatsoever, nor to police
court penalties (pene correzionali) for theft, embezzlement, misappropriation, or fraud, for receiving or assisting in the sale of stolen goods,
or for any offence against the public order, or who have been rehabilitated after being so condemned, may be authorised in the manner and
within the limits to be prescribed by regulation to command vessels
not exceeding 50 tons burthen engaged in the petty coasting trade
(piccolo traffico della costa).
61. Great coasting trade masters and skippers who happen to be in
countries beyond the limits assigned to their class of navigation may be
authorised by the Italian consuls to command vessels flying the Italian
flag for trade on canals and rivers, throughout their extent, and along
the sea coast within a radius of 300 sea miles from the port in which
such vessels were fitted out.
62.
Applicants for a master's or skipper's certificate shall be required :
(a) to be Italian citizens;
(b) never at any time to have been sentenced to any criminal penalties for any offence whatsoever, or to any police court penalties
for theft, embezzlement, misappropriation, or fraud, for receiving or assisting in the sale of stolen goods, or for any offence
against the public order, or, if so sentenced, to have been
rehabilitated ;
(c) to have passed a theoretical and practical examination as prescribed by regulation.
Further, skippers shall be required to be not less than 22 years of
age, and to have completed three years of actual service at sea, at least
one year of which period must have been spent on voyages of the class
contemplated in the candidate's application.
Great coasting trade masters must be not less than 22 years of age
and have completed four years' service at sea, at least one-half of
which period must have been served on Italian vessels.
Distant trade masters must be not less than 24 years of age and
have completed four years' service at sea, at least one-half of which
period must have been served on Italian vessels and one whole year
on voyages beyond the Mediterranean.
No candidate may take the qualifying examination for a certificate
before he has reached the age and completed the period of service at
sea required for the class for which he is a candidate.
63. Masters and skippers who are naturalised citizens may not secure
the exchange of their certificates unless they comply with the conditions
prescribed for the class for which they are candidates. The Ministry
of Marine may, however, excuse candidates from examination where
the circumstances justify such exception, subject to the approval of the
Board of Admiralty.
244
ITALY
64. Officers in the Naval Construction Department, chief engineering officers and junior engineering officers, quartermasters, and cadet
quartermasters, who have ceased to belong to the Royal Navy, may
respectively obtain certificates for the Mercantile Marine as follows:
Executive officers may obtain
Officers in the Naval
Construction Department
,,
Engineer officers or
chief engineers
„
Second officers or
assistant engineers „
Quartermasters .
,,
Quartermaster
cadets
„
a distant trade master's certificate
(ranking as senior masters, section
65 below).
„
a certificate as ship's
officer.
construction
„
a chief engineer's certificate.
„
„
a second engineer's certificate.
a great coasting trade master's certificate.
„
a skipper's certificate.
The granting of such certificates shall be conditional on fulfilment
of the provisions respectively laid down in sections 28, 62 and 69, with
the exception of the provision as to the passing of examinations.
65. Masters' certificates are granted in the name of the King by the
Minister of Marine, and skippers' certificates are granted by the harbour
authority in the maritime district to which the candidate belongs.
Distant tr«de masters who desire to give proof of the perfecting of
their skill and of the acquirement of increased knowledge may undergo
a voluntary examination in accordance with a syllabus specially drawn
up.
If successful they shall be granted an extra master's certificate by
the Minister of Marine, and shall be entitled to be styled senior distant
trade masters.
CHAPTER VI. — SHIPS' OFFICERS AND CREWS
66. The following members of the ship's complement shall be considered as ship's officers, subject to the master's authority:
(1) the chief officer (capitano in secondo) ;
(2) the second officer (scrivano) ;
(3) the ship's doctor;
(4) on steamships, the chief engineer;
(5) the second engineer.
The following shall be considered as petty officers subject, to the
authority of the master and the ship's officers:
(1) the boatswain or boatswains, who supervise the work of the
vessel and are in charge of the gear;
(2) the local pilot (piloto pratico) for the whole time during which
he is entrusted with the steering of the vessel;
MERCANTILE
MARINE CODE
245
(3) the ship's carpenter, but only in case of abandonment of the
ship.
67. Applicants for the rank of second officer shall be required to
fulfil the following conditions:
(a) to be not less than 20 years of age;
(b) to have completed not less than 30 months' service at sea, onehalf of which period must have been spent on board Italian
vessels;
(c) to have passed a theoretical and practical examination in accordance with the syllabus prescribed by regulations ;
(d) not to have been sentenced to any criminal penalties for any
offence whatsoever, or to any police court penalties for theft,
embezzlement, misappropriation, or fraud, for receiving or assisting in the sale of stolen goods, or for any offence against the
public order, or, if so .sentenced, to have been rehabilitated.
Second officers' certificates are issued by the harbour authorities of
the maritime district to which the applicant belongs.
68. (Repealed by section 5 of the Act of 11 April 18S6.)
69. The qualifications required of first and second engineers are
prescribed in the regulations; their certificates are granted by the
Minister of Marine.
Steamships plying along the mainland and island coasts of Italy,
the Mediterranean coast of France, off the islands of Corsica, Malta and
Corfu, the Tunis coast and the Dalmatian and Istrian coasts, shall
carry at least one second engineer where the aggregate engine power
is less than 100 reputed horse power, and a chief engineer where the engine
power exceeds this limit.
Steamships making voyages beyond the limits specified above shall
carry at least one second engineer where the engine power is less than
100 reputed horse power as above, and two engineers, one of whom
shall be a chief engineer and the other a second engineer, where the
engine power exceeds this limit.
The charge of engines rated at not less than 150 horse power on board
ships plying exclusively along the Italian coast within the limits prescribed by regulation, and of engines on board steam tugs, may be
entrusted to experienced persons who fulfil the requirements laid down
in the said regulation.
70. Every vessel shall be commanded either by a master or skipper,
or by a seaman authorised to take command, according to the class of
trade on which the vessel is engaged, except as provided in the first
paragraph of section 57.
Every vessel engaged in the great coasting trade, and steamships
carrying passengers in the Mediterranean, shall carry, in addition to
the master or skipper, one chief officer who shall hold at least a second
officer's certificate.
Every vessel engaged in distant trade shall carry, in addition to the
master, a chief officer holding' a master's certificate. Every steamship
transporting passengers beyond the Mediterranean shall carry, in addi-
246
ITALY
tion to the master, a chief officer holding a master's certificate and
a second officer holding a second officer's certificate.
71. The minimum strength of the crew for each class of vessel shal'
be prescribed by regulation.
The master, or skipper, and not less than two-thirds of the crew of
every vessel shall be Italians.
Consular officials in foreign countries may, however, according to the
requirements of the case, permit the engagement of seamen of alien
nationality in excess of the prescribed proportion.
Aliens shall not be engaged in the capacity of master or chief officer
except where necessary owing to the impossibility of securing Italians.
Where alien officers are not available, or where a consular official
considers it undesirable to engage an alien, an Italian of a lower rank
than that required may be appointed to command the vessel, and
Italians who are considered by the consul to be capable of performing
such duties may be appointed as chief or second officer. This position
is limited to the completion of the voyage, and shall expire as soon as
it becomes possible to appoint as master or as chief or second officer
Italian nationals who possess the required qualifications.
72. No Italian may form part of the crew of a merchant vessel
unless his name has been entered on the registration lists for maritime
workers.
73. The articles of agreement between the master or skipper or the
owner and the members of the crew shall be drawn up in writing and
signed by the individual seamen, on penalty of being considered null
and void.
Where the seaman is unable to write, the harbour authority shall
make a note of the fact in the articles of agreement in the presence of
two witnesses, who shall not be members of the crew.
Minors who have attained the age of 18 years shall be considered as
possessing legal capacity, and may sign the articles of agreement independently of their parents or guardians.
The signing on of persons under 18 years of age shall be effected by
their parents or guardians, who shall either be present in person at the
signing of the articles or shall give written permission in the form of a
deed delivered by a public notary, or, on unstamped paper, by the mayor
of the commune, which must be handed to the harbour authority.
The engagement of the young persons referred to in section 262 of
the Civil Code may be effected with the consent of the administration
of the institution, given in the form prescribed by regulation.
74. Members of the crew who are still in any way liable to military
service may not be discharged from the ship abroad, even on the termination of their period of engagement, or by agreement between the
parties.
75. Where an individual member of the crew of an Italian vessel
is discharged from the ship, or abandoned in a foreign country or in an
Italian port other than the port at which he was engaged, without his
MERCANTILE MARINE CODE
247
having been simultaneously engaged to serve on another vessel, his
repatriation expenses shall be borne:
(a) by the vessel, being paid over by the master or skipper to the
consular official or the maritime authority at the time of his
discharge from the ship, in all cases in which the seaman discharged
has been dismissed by the owner, master, or skipper for any
reason unconnected with his own action or desire;
{b) by the owner, where such discharge is consequent upon shipwreck
or any other form of force majeure, being paid out of the proceeds
of any loans which may have been advanced on the ship and her
gear, and out of the freightage on the goods salved;
{r) by the person discharged, where he is discharged on account
of sickness or injury, the cost of treatment for which is by law
chargeable to the employee.
Masters or skippers and owners shall, except in cases of discharge
on account of misconduct, be liable to the Government for any expenses
incurred in connection with the repatriation of members of the crew,
without prejudice to their right to take proceedings for recovery against
any other persons legally liable.
76. The amount of travelling expenses which, under the terms of
the preceding section, must be avanced by the master or skipper to
discharged seamen shall be determined by regulations.
In all other cases provision shall be made for the repatriation of seamen by the consular official or the maritime authority.
Payment or refunding of the expenses incurred shall take place in the
manner prescribed by regulation.
CHAPTER IX.
— MAINTENANCE OF ORDER ON BOARD SHIP
92. Masters and skippers shall maintain order and discipline on
their vessels; and every person on board, in whatsoever capacity, shall
respect and obey them in all matters affecting good order on board,
the safety of the vessel, the preservation of the cargo, and the success
of the voyage.
For the purpose of maintaining order masters and skippers may avail
themselves of the disciplinary powers granted to them by section 450
and following.
Under no circumstances, save only in case of urgent duties on board
the vessel, shall the master or skipper hinder members of the crew of
his vessel from approaching the maritime or consular authorities with
a view to making a complaint.
93. Where a crime or delict is committed on board a vessel during
the voyage, the master or skipper shall proceed in the manner prescribed
by section 436.
Where a death occurs on board, the master or skipper shall proceed
in the manner prescribed by section 437.
94. Where in the course of the voyage the water supply or the
provisions run short, or become unfit for use, the master or skipper
248
ITALY
shall take every possible measure in order to provide for the needs of
the persons on board.
For this purpose he may take steps to re-provision the ship from
any vessels which he may encounter, or may put in to the nearest
land, even where such a step necessitates a deviation from the ship's
course.
95. Where the members of the crew do not receive the full ration
agreed upon before sailing, or, failing any agreement, where they do
not receive the ration prescribed by regulation in spite of the fact that
a sufficient supply of provisions was carried on board, or, if such provisions have run short or become unfit for use, that it was possible
to obtain fresh supplies, the crew shall be entitled to compensation,
without prejudice to the penalties to which the master shall become
liable.
Where a reduction of the ration becomes necessary owing to force
majeure, the seamen shall be entitled to claim the equivalent in money.
The existence of circumstances of force majeure must be established
by a statement in the log-book, signed by the ship's officers.
BOOK II. — PENAL PROVISIONS
Part I. — Maritime Offences and Penalties
SOLE CHAPTER. — GENERAL PROVISIONS
252. Breaches of the provisions of this Code are divided into two
classes, viz. offences (reati) and breaches of discipline.
Offences are breaches of the Code for wrhich penalties corresponding
to those laid down in the Common Penal Code, or the penalties of
disqualification for a particular post (interdizione), permanent disqualification (destituzione), or suspension, or the penalty of confiscation are prescribed.
Breaches of discipline are breaches of this Code to which the disciplinary penalties prescribed in this Code are applicable.
253. Maritime offences (reati) are classified in three categories, viz.
crimes, delicts 1 and transgressions, according to the rules prescribed
in the Common Penal Code.
The penalties of disqualification for a particular "post, permanent
disqualification, or suspension, and of confiscation, when applied as
principal punishment, shall in every .case be considered as correctional
(correzionali), subject, in regard to competence, to the special provisions
of this Code.
254. Sentences of disciplinary confinement (arresti) shall be served
as follows:
1
The distinction between "crimes" and "delicts" is no longer made.
MERCANTILE MARINE
CODE
249
On the high seas, on board the vessel, the individual being confined
in the head sheets or in some other place as prescribed by regulations.
In Italian ports, in the places set apart by regulation for the purpose,
or in the police cells of the district.
In foreign countries, in consular prisons or on board vessels of the
Italian Navy stationed in the locality.
255. The penalty of disqualification for a particular post, when
inflicted in addition to some other penalty, shall entail the penalty of
complete disqualification; and similarly the penalty of suspension
from a particular post shall entail the penalty of suspension from all
maritime employment.
256. The penalty of disqualification from employment at sea renders
the person on whom it is inflicted permanently incapable of holding
any post in the mercantile marine. For the purpose of ensuring such
disqualification his certificates and other qualifying papers shall be
cancelled.
- 257. The penalty of suspension from all maritime employment
renders the person on whom it is inflicted incapable of holding any
maritime employment for a specified period.
Such period may not be less than one month or more than one year.
For the period of suspension all certificates and other qualifying
papers, and, in the case of seamen or boys, their registration book,
shall be confiscated.
258. The penalty of disqualification for a particular post, when
inflicted in addition to some other penalty, shall always be inflicted on
persons sentenced to hard labour or penal servitude (reclusione).
A master or skipper may also be sentenced to such disqualification
where he has been convicted of any of the offences mentioned in section
62, para. (r).
259. Suspension from a particular post, when inflicted in addition
to some other penalty, shall always be inflicted in cases of abuse of
authority.
The duration of such suspension shall be reckoned from the day
on which the person suspended has finished serving the principal sentence.
260. The rules laid down in the Common Penal Code concerning
the infliction of penalties, the substitution of one penalty for another,
the influence of the age or state of mind of the accused, simultaneous
accusation of several offences, and the repetition of offences, shall also
be applicable to the offences mentioned in this Code, save as otherwise
provided therein.
261. Liability for offences and to penalties mentioned in this Code
shall be subject to the same limitation in regard to time as in the case of
offences and penalties covered by the Common Penal Code. For the
purposes of such limitation in regard to a criminal prosecution the period
shall only begin to run as from the day on which the vessel is granted
practique in an Italian port or in a foreign port in which there is a resident
Italian consular representative.
250
ITALY
262. The provisions of the Common Penal Code concerning extenuating circumstances are also applicable in the case of maritime offences.
Such provisions shall not, however, apply so as to mitigate the consequences of a sentence of disqualification for a particular post or of suspension
263. One-quarter of the proceeds of fines and pecuniary penalties
shall be handed over to the Seamen's Sickness Provident Fund, and
the remainder to the National Treasury, subject to the provisions of
the last paragraph of section 265.
Masters, skippers, ships' managers, and shipowners shall in every
case be liable for fines incurred by members of the ship's complement,
with the exception of fines incurred for desertion or for any other offence
which has as a necessary consequence the discharge from the ship of the
persons accused thereof.
The aforesaid masters, skippers, ships' managers and shipowners
are not required to deposit at the offices of the harbour authorities in
Italy or at the Italian consular offices abroad the amount owing by way
of wages to persons who desert the ship or are discharged in consequence
of an accusation of insubordination or of any other offence; they are,
however, required to produce at the offices of the port authorities in Italy
or at the Italian consular offices abroad, a duly certified debit and credit
account as against the vessel in respect of any deserter or other person
discharged as above.
For the sums thus remaining with them the aforesaid masters,
skippers, ships' managers and shipowners shall continue to be liable
towards any person entitled to claim them.
Part II. — Maritime Offences
CHAPTER I. — DESERTION
264. Any member of the crew of a merchant vessel who, either in
Italy or abroad, leaves the vessel or fails to return on board after being
engaged, without the permission of the maritime authorities or of a
consular official, shall be considered as a deserter. The offence of
desertion is also considered to be committed where the consular official
has, after the articles have been signed, refused permission to leave the
ship in the cases referred to in the Commercial Code.
265. Deserters shall be punished by imprisonment of not less than
three or more than six months, where the desertion takes place in a home
port, and of not less than six months or more than one year, where the
desertion takes place abroad.
These penalties may be increased by one or two degrees where desertion
takes place in ports beyond the limits prescribed for navigation by great
coasting trade masters.
Deserters shall in every case incur a fine of not less than 51 or more
than 200 lire, which shall be handed over in full to the Seamen's Sickness
Provident Fund.
MERCANTILE MARINE CODE
251
266. Where desertion takes place by agreement between three
or more members of the crew it shall be considered as conspiracy
(complotto) and the prescribed penalties shall be increased by one or
two degrees.
267. Where desertion is accompanied by the use of weapons involving
violence, blows, or woundings which in themselves do not constitute a
crime or delict, the deserter shall be punished by imprisonment for not
less than one year or more than three years.
268. Where desertion is accompanied by the removal from the
vessel of goods exceeding 10 lire in value, or by violence, blows or wounding, which amount in themselves to a crime or delict, the provisions
relating to persons guilty of more than one offence shall apply.
269. Where desertion takes place from a merchant vessel sailing
under arms, the maximum punishment prescribed by the present Code
shall apply, according to the circumstances of each case.
270. In all cases covered by the foregoing sections, if the deserter
returns to the ship before she sails from the port, and after not more
than five days in Italy or two abroad, he shall be liable only to a
disciplinary punishment, without prejudice to his legal liability for
damages.
271. Where a deserter at a home port is arrested before the vessel
sails, the master may require the maritime authorities to return him
to the vessel in consideration of the special circumstances of the case.
272. Where a person who deserts abroad is arrested before the vessel
sails, he shall be handed over to the master, and penal proceedings
shall be taken against him on the return of the vessel to Italy.
273. Where a deserter is in debt at the time of his desertion on
account of advances received or of any other cause, or where he deserts
whilst on watch duty, or where his desertion is accompanied by the
removal of articles belonging to the ship, to the cargo, or to any person
carried on board, not exceeding 10 lire in value, the penalty inflicted
on him shall in no case be the minimum to which he is liable.
274. Where the deserter is an officer, the penalty shall in every
case be increased by one degree.
275. Any master or skipper, who, not being constrained thereto by
force majeure, breaks his articles and abandons his ship, shall be punished
if at the time of his desertion the vessel was safely in port, by imprisonment for not less than one month or more than one year; if the vessel
was in a foreign roadstead, by imprisonment for a similar period together
with suspension from his rank; and if the vessel was on the high seas,
by imprisonment for not less than one year or more than three years
and to permanent disqualification.
The same penalties shall be applicable whether the offence is committed by a chief officer or by any other person temporarily acting as
master or skipper, but the penalty of imprisonment hall be reduceds
by one degree.
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ITALY
276. Any person who aids and abets another to commit the offence
of desertion, and who is registered as a marine worker, shall be punished
by a fine of not more than 300 lire.
277. Any master or skipper who aids and abets a person to desert
shall be punished by suspension, in addition to the punishment prescribed
for aiding and abetting such an offence.
278. Any master or skipper who, without aiding and abetting the
desertion, knowingly engages or harbours a deserter from an Italian
ship shall be punished by a fine of not more than 300 lire. To this
penalty may be added that of suspension if the circumstances warrant
such additional punishment.
279. Where the offences referred to in the preceding sections are
committed in Italy by masters or skippers of foreign vessels, the penalty
shall consist in a fine of not more than 300 lire, to which may be added
imprisonment for not more than one month.
280. A deserter shall not be considered guilty of a repetition of the
offence of desertion unless he has already previously been condemned
for another act of desertion.
CHAPTER II. — DISOBEDIENCE, INSUBORDINATION, MUTINY, CONSPIRACY
AND R E B E L L I O N
281. Refusal on the part of members of the crew to obey the master
or skipper, whether on board ship or ashore, shall be punishable by a
fine of not more than 100 lire, or even by police penalties (pene di
polizia).
Any seaman who refuses to obey the orders of the master or skipper
or of one of the officers to perform any duty in connection with anchoring or with the moorings or sails shall be punished by imprisonment
for not more than two months.
282. Any member of the crew who refuses to assist in loading or
unloading the vessel shall be punished by a fine of not more than 200 lire,
except where an agreement to the contrary has been made.
283. Any person who before the voyage is completed refuses to serve
and to continue navigating the vessel in accordance with the terms of his
articles of agreement or to proceed on the voyage where the signing
of articles has been postponed under the terms of the law, shall be
guilty of insubordination and punished by imprisonment for not mora
than one year.
284. Any person who refuses to obey the orders given by the master
or skipper or by an officer in the interests of the safety of the vessel
shall be punished by imprisonment for not more than three years.
285. All members of the crew shall assist the master in effecting
the arrest of an accused person, on pain of imprisonment for not less
than two months or more than one year.
MERCANTILE MARINE CODE
253
286. Any member of the crew who abuses or threatens the master
or skipper by words or gestures shall be punished by imprisonment for
not more than six months.
287. Where insubordination is accompanied by violence which in
itself would not amount to a crime or a delict, the penalty shall be
imprisonment for not less than three months or more than two years.
In the case of violence, blows or wounding, which in themselves
would amount to a crime or delict, the penalties indicated in the
Common Code, increased by two degrees, shall be inflicted on the
offender.
288. Insubordination towards an officer shall be punished by the
penalties prescribed in the preceding sections, reduced by one degree.
289. Where the assault on a superior occurs in the course of a quarrel,
or arises from motives unconnected with duty on board the vessel, the
penalty may be reduced by one or two degrees.
The fact that a quarrel was taking place may not be pleaded in
defence of the person who provoked such quarrel.
290. Any passenger who abuses or assaults the master on board
shfp shall be liable to the penalties prescribed for members of the crew,
reduced by one or two degrees.
291. Homicide of the master or skipper or of an officer shall be
punishable by death * in every case where such homicide results from
violence used in committing the offence of insubordination, except as
provided in sections 289 and 301.
292. Any member of the crew who witnesses acts of violence being
committed on board the ship against the master or skipper and fails
to come to his assistance shall be punished by imprisonment for not
less than six months or more than one year.
293. Conspiracy (complotto) between three or more members of the
crew against the safety, liberty or authority of the master shall be
punished by imprisonment for not less than six months or more than
three years unless such conspiracy assumes the character of an attempt
to commit an offence punishable by a heavier penalty.
In the case of an officer who is guilty of conspiracy the penalty shall
be increased by one degree.
294. An assemblage of more than one-third of all the members of
the crew who persistently refuse to carry out an order given to them
by the master or skipper or who put forward demands or complaints
in a noisy and threatening manner shall be considered as a mutiny.
Where the mutiny concerns complaints or demands or orders unconnected with the crew's duties, or where such mutiny does not take place
on board the vessel, the leaders shall be punished by imprisonment for
not less than three months or more than one year, and the remaining
offenders shall be punished by imprisonment for not less than one
month or more than three months.
1
The death penalty has since been abolished.
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ITALY
Where the mutiny concerns an order connected with the crew's
duties or is intended to interrupt the voyage, to change the course or
to compromise the safety of the vessel and the cargo, the leaders shall
be liable to a penalty of imprisonment for not less than one year or
more than five years, and the remaining offenders shall be liable to
imprisonment for not less than six months or more than two years.
295. The term " leaders " of a mutiny shall be understood to mean
the persons who instigate or provoke it.
Where the leader is not known, any officer of the ship who has taken
part in the disorder shall be considered as leader, or where no officer
is involved the principal spokesman shall be so considered.
296. Any mutineer who obeys the first summons to disperse shall
be exempt from punishment.
297. If the mutineers do not disperse after the third summons, and
even before they resort to acts of violence, they shall be considered as
being in a state of rebellion (rivolta).
In such case the master or skipper shall be authorised to use force.
298. If the rebellion takes place while the vessel is under sail or in
a place where it is impossible to appeal to the public force or if any
of the rebels is visibly carrying arms, the rebels shall be punished by
a period of hard labour (lavori forzati) ; in the case of the leaders, such
•period shall be not less than 15 years.
In all other cases the penalty shall be close confinement (reclusione)
for a period which in thd case of the leaders shall be not less than seven
years.
These provisions are without prejudice to any heavier penalties in
respect of other crimes which the rebels may have committed.
299. Any officer who takes part in a conspiracy, mutiny, or rebellion
shall in addition to any other punishment also incur permanent disqualification or suspension from his rank.
300. Any passenger who, whether as a principal, or as an accomplice,
is guilty of conspiracy, mutiny, or rebellion shall incur the penalties
prescribed in the preceding sections reduced by one or two degrees,
except where he was one of the leaders.
Where the passengers take part, it shall be held that there has been
mutiny or rebellion even if less than one-third of the crew are concerned,
so long as the number of mutineers or rebels exceeds one-third of the
total number of persons on board.
301. As regards the offences of insubordination, mutiny and rebellion,
provocation on the part of a superior shall in no case constitute an
extenuating circumstance so as to involve a reduction of the penalty.
302. Any member of the crew who is aware of the conspiracy and
does not inform the master concerning it or who witnesses a mutiny
or rebellion and does not use any means in his power to bring it to an
end, shall be sentenced to imprisonment for not less than two months
or more than one year.
MERCANTILE MARINE
CODE
255
Part III
SOLE CHAPTER. — PENAL JURISDICTION, COMPETENCE AND PROCEDURE
IN MERCANTILE MARINE MATTERS
433.
Penal jurisdiction in mercantile marine matters is exercised:
(a) by the ordinary judicial authorities;
(b) by the consular courts abroad in places where by law, treaty or
accepted usage, the exercise of consular jurisdiction is allowed;
(c) by the harbour authorities, by consuls in foreign countries, by
the officers commanding war vessels on the high seas and in
places where there are no consular officials exercising jurisdiction.
434. Jurisdiction in regard to crimes and delicts appertains in Italy
to the Courts of Assize, the police courts, or magistrates (pretori) according to the rules laid down in the Code of Penal Procedure, and in foreign
countries to the consular courts, where the exercise of consular jurisdiction is allowed in respect of offences committed by Italian nationals
within the consular district or an board merchant vessels flying the
Italian flag.
Jurisdiction in regard to transgressions (contravvenzioni) punishable
by police penalties appertains to the harbour authorities, to the consular
officials, and to the officers commanding war vessels in foreign countries,
within the aforesaid limits.
The harbour authorities are moreover exclusively competent to
examine and decide the transgressions (infrazioni) referred to in sections
351, 358, 390, 393, 396, 397, 399, 402, 410, 415 (second paragraph),
420, 421 and 422 of this Code.
435. Competence to try maritime offences committed in the territory
or ports or on the seaboard of Italy shall be determined according to
the place where the offence was committed.
Where such offences were committed abroad or in the course of the
voyage, competence shall belong to the authorities of the first place of
call in Italy provided that no accusation has been laid abroad before
an Italian consul or the officer commanding a vessel of the Italian Navy;
and to the authorities of the place where the vessel is registered if an
accusation has been so laid without prejudice in the latter event to
the jurisdiction of the consul. In all other respects, the rules laid
down in the Code of Penal Procedure shall be observed.
436. In the case of a crime or delict, as provided in section 93, committed during the voyage by any person on board, the master or skipper
shall take all necessary precautions in regard to the accused person,
putting him, where necessary, in irons after consulting the chief officer
or any other of the ship's officers, and shall draw up a statement of the
256
ITALY
evidence (corpo del reato), drafting a circumstantial report of the affair
which must be signed by all the eye-witnesses.
The fact that the above procedure has been followed shall be noted
in the discipline register (registro di disciplina) and in the ship's logbook.
437. Where a death occurs on board ship, the master or skipper
shall draw up a statement of the condition of the body and of all the
circumstances relating to the death of the person. This statement shall
be mentioned in the ship's log-book.
The statement shall be signed by two witnesses.
Where there is a physician or surgeon on board, the aforesaid statement shall be drawn up by him and shall be countersigned by the
master or skipper.
438. The chief officer shall at the earliest possible moment make
a report in writing to the master of any crime or delict committed
during the voyage.
Such report shall be mentioned in the ship's log-book.
439. The master, with the assistance of the officer by whom the
report was drawn up, shall proceed to make a summary and preliminary
enquiry, receive the depositions of the witnesses, and draw up a report,
which shall also be mentioned in the ship's log-book.
440. The master or skipper shall at the first port of call, if a foreign
port, in which there is a resident Italian consular official, hand to the
latter all the papers relating to the case together with the statement
of evidence.
The consular official shall take all further steps that he may consider
necessary, and shall have the accused person put ashore, and send him,
together with the papers relating to the case and the statement of
evidence, to an Italian port.
In the absence of any consular official, the officer commanding any
Italian war vessel which happens to be at hand shall execute the provisions of this section.
In the case of very serious offences, and where the vessel is not returning at an early date to Italy, the consul or officer commanding the war
vessel may also cause those members of the crew to be landed and
sent to Italy whose evidence appears to be most important, and shall
make arrangements as opportunity may offer to enable the vessel to
continue her voyage.
In the case of consuls who exercise jurisdiction, the competence of
the consular courts in regard to delicts within their jurisdiction remains
unaffected.
441. Where the vessel's first port of call is an Italian port, the master
or skipper shall hand the papers relating to the case and the statement
of evidence to the local maritime authorities, who shall immediately
advise the public prosecutor for the district (circondario).
442. In the case of crimes or delicts committed on Italian territory,
the master or skipper shall lay information before the harbour authorities
within 24 hours after the discovery of the crime. Where the offence
MERCANTILE
MARINE CODE
.
257
was committed in a foreign country in which there is a resident Italian
consular official, the master or skipper shall lay information before
such official within the same period.
Where the criminal or delictual act takes place in the course of a
voyage or in a foreign country in which there is no resident Italian
consul, information shall be laid before the consul or harbour authorities
at the first port at which the vessel calls, within 24 hours.
443. The harbour authorities or the consul shall draw up a
ment of the information laid by the master or skipper.
Such statement shall be registered by the consul in the office
consulate and forwarded immediately to the Ministry of Marine,
shall forward it to the Prosecutor-General or to the competent
prosecutor.
stateof the
which
public
444. The harbour authorities shall, immediately on receiving information of a crime or delict from a master or skipper, or on being notified
of such crime or delict in any other manner, proceed to make a formal
enquiry (atti d'istruttoria) in the manner prescribed by regulation and
shall transmit the record thereof to the competent public prosecutor.
They shall cause the accused person, if under arrest, to be removed
to the judicial prison.
Where the person accused of a crime or delict, not being under arrest,
is engaged on board a vessel bound for a foreign country, the aforesaid
authorities shall order him to be put ashore and brought before the
public prosecutor.
445. Consuls in foreign countries shall comply with the rules laid
down by the laws concerning the consulates as regards the procedure
necessary in the case of a crime or delict committed by an Italian
national within their district or on board an Italian merchant vessel.
446. Any officer commanding a war vessel who has the custody of
persons charged with crimes or delicts and of the papers relating to the
case and the statement of evidence shall at the first Italian port of
call hand these over to the public prosecutor for the district.
Where the first port of call is in a foreign country, he shall make
whatever arrangements may be necessary with the consul.
447. Any master who fails to comply with any of the provisions
of this chapter shall incur a fine of not more than 200 lire, which shall
be handed over to the Seamen's Sickness Provident Fund.
448. The harbour authorities shall observe the rules prescribed by
regulation in enquiring into and judging maritime transgressions and
offences referred to in the last paragraph of section 434.
Any person accused of a transgression punishable by a fine may, by
application signed by himself, which shall be irrevocable, request the
harbour authorities, where the latter have not already given a final
decision, to deal with the case administratively.
Such application may also be made verbally provided that the accused
person presents himself before the harbour authorities before the decision
is finally rendered.
17
258
ITALY
Distraint for the recovery of a fine or of costs, and the commutation
of such penalties to physical penalties shall be a master for the magistrates. Procedure for recovering fines imposed administratively shall
be a matter for the registrar's collectors.
Consuls in foreign countries and officers commanding war vessels
stationed abroad, where there is no resident consul entitled to exercise
jurisdiction, shall comply with the special rules of procedure prescribed
by the laws concerning consulates. The provisions made for the
substitution of administrative procedure in the second paragraph of
this section shall also apply to cases brought before the said consuls
and officers.
449. Proceedings in regard to maritime offences shall in all cases
be treated as urgent.
Any accused person for whose arrest a warrant has been or may
be issued in accordance with the terms of section 182 of the Code of
Penal Procedure, amended by the law of 30 June 1876, No. 3183 (second
series), or who is released on bail, may be permitted to proceed on
board a ship provided that the Ministry or a magistrate (in the case of
crimes within his competence) previously consents; such permission
may not however be granted for voyages to foreign countries.
The written depositions of witnesses may be read in trials for maritime
-offences as in the cases mentioned in section 311 of the Code of Penal
Procedure, where such witnesses are shown to be at sea, even though
they have not left Italian waters.
The period within which cause may be shown why a sentence should
not be executed or appeals may be entered against sentences for maritime offences passed on persons employed in the mercantile marine
whilst they are at sea, shall begin to run from the day on which they
land in Italy, as ascertained in accordance with the provisions of section
115 and following of this Code, and of the regulations.
In trials for maritime offences, if the parties agree and the President
so decides, the time limit specified in section 360 of the Code of Penal
Procedure may be reduced to ten days ; that specified in section 407 of
the Code may be reduced to 20 days, and that specified in section 664
of the Code may also be reduced to twenty days.
In the last named case, the president may also reduce the time limits
specified in sections 661 and 662.
Part IV. — Disciplinary Powers
SOLE CHAPTER
450. The authorities invested with disciplinary powers are empowered
in virtue thereof, to punish simple breaches of discipline committed
by persons under their authority by disciplinary penalties of the kind
and within the limits prescribed below.
MERCANTILE MARINE CODE
259
451. Disciplinary powers are entrusted to:
(1) Harbour authorities:
(a) Over all persons entered on the register of maritime workers,
from the day on which they are entered upon the musterroll of a vessel to the day on which their names are removed
therefrom ;
(b) Over coast-wise fishermen entered on the register of their
respective maritime department or district;
(c) Over persons engaged in work in the ports ;
(d) Over boatmen within the ports or along the shore ;
(e) Over local pilots and the persons mentioned in section 166.
(2) Consular officials abroad, over the persons referred to in paragraph
(a) above.
(3) Officers commanding Italian war vessels, over the persons mentioned in paragraph (a), wherever the vessel on board which such
persons are carried is on the high seas or in a foreign country
where there is no resident Italian consular official.
(4) The master or skipper, over all persons on board his vessel,
including the passengers.
452. In addition to the cases specially mentioned in the preceding
sections, the following shall be considered as breaches of discipline
punishable by disciplinary penalties:
Simple disobedience;
Negligence in going on duty;
Absence from or negligence on watch duty ;
Drunkenness unaccompanied by disorderliness;
Absence from the ship without permission, provided that such absence
does not exceed twenty-four hours;
Clandestinely bringing on board wine or other fermented drinks ;
Disrespect towards superiors and, in general, any act arising out of
negligence and amounting only to a slight fault, or any simple
breach of discipline or failure in the performance of duty on board ;
The loss through negligence of a registration book or identity card ;
Any act, not specially provided for in this Code, of negligence on the
part of masters or skippers in the exercise of the duties in regard
to the maintenance of order on board prescribed for them in Bookl,
Part II, Chapter IX, of this Code.
453. The following are disciplinary penalties:
(1) Simple confinement (consegna) on board for not less than one
day or more than five days;
(2) Double watch duty;
(3) Deprivation of the ration of wine or other fermented drink for
one or two days;
(4) Strict arrest (arresti di rigoro) for not less than one day or more
than ten days ;
(5) Forfeiture of monthly wages for not less than one day or more
than thirty days, or of profits to an amount not less than one
lire or more than one hundred lire;
260
ITALY
(6) Exclusion from the master's mess-table for not less than one day
or more than ten days;
(7) Prohibition from remaining on deck for more than two hours a
day for a period not exceeding five days.
454. The following rules shall be observed in the application of the
foregoing penalties:
The members of the crew of a vessel, of whatever rank, shall be liable
to penalties specified in paragraphs (1) to (5) inclusive of the preceding
section. Paragraph (5) shall in no case be inflicted by the master.
The persons indicated in section 166 and in paragraphs (b), (c), (d),
and (e) of section 451 shall be liable to the penalties prescribed in
paragraph (4).
Passengers shall be liable to the penalties prescribed in paragraphs (6)
and (7).
455. Members of the crew shall continue to be subject to rules of
discipline in case of the loss of the vessel by shipwreck or through any
other cause, until such time as they become subject to some other
authority of the Italian State.
456. Disciplinary penalties shall in no case be inflicted cumulatively.
457. A master or skipper shall, when noting any breaches of discipline
and punishments inflicted by himself therefor in the ship's log-book,
affix thereto the date and his signature.
Within twenty-four hours of admission to practique, he shall, even
where he is not obliged to keep such a log-book, render account to the
harbour authorities of the penalties inflicted by him on members of
the crew and of the value of the rations deducted by way of punishment.
The harbour offices shall keep a record of such information in the
manner prescribed by regulation.
458. Any seaman who, whilst undergoing punishment by arrest, is
replaced by a substitute on board his ship shall have his pay reduced
by an amount equal to the cost of engaging such substitute.
Any deduction on this account shall be mentioned in the ship's
log-book.
459. Any person condemned to a disciplinary penalty on board who
refuses to submit thereto may be put in irons for not more than ten
days.
460. The amounts deducted from wages or from shares in profits
referred to in the preceeding sections and the value of the rations forfeited by way of punishment shall be paid over in full to the Seamen's
Sickness Provident Fund.
461. The Government shall provide, by means of Regulations, for
the execution of this Code, and shall have power therein to prescribe
summary and disciplinary penalties.
MERCANTILE MARINE REGULATIONS, 1 8 7 9
261
Regulations for the Carrying into Effect of the Provisions
of the Mercantile Marine Code
[Dated 20 November 1879]
Part II. — Maritime Employment
CHAPTER I. — REGISTRATION OF MARITIME WORKERS
Division 1. — Maritime Workers of the First Class
80. The registers on which maritime workers belonging to the first
class are inscribed, in pursuance of section 19 of the Mercantile Marine
Code, shall conform to the model prescribed for the purpose.
They shall, as a general rule, be kept at the office of the chief town
of the maritime department (compartimento).
The Ministry may, however, authorise district harbour offices (uffizi
di porto circondariali) of special importance to keep the registers of
seamen belonging to their own district.
The registers shall be bound in volumes numbered progressively on
the cover.
81. Each entry in the registers shall state in addition to the number
and date of the entry :
(1) Any maritime rank or rating attained subsequently to registration;
(2) Any rewards for meritorious actions;
(3) Any changes of domicile notified in pursuance of the provisions
of section 24 of the Mercantile Marine Code;
(4) The fact that the person concerned is registered on the compulsory militpry service lists from the beginning of the year in which
he completes the nineteenth year of his age;
(5) The result of the person's examination with a view to military
service ;
(6) The person's war service at sea and his discharge, desertion,
recall to service, etc., etc.;
(7) The transfer of a maritime worker from the second to the first
class ;
(8) Special permission to proceed to sea obtained by a registered
person in the period immediately anterior to his calling up for
military service;
(9) The authorisation granted to registered persons to proceed
abroad;
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(10) The permission to take out a passport for proceeding abroad
where such permission is necessary on account of liability to
military service;
(11) All engagements and discharges, according to the rules prescribed
in section 90 of these Regulations;
(12) Any accusation of maritime or ordinary offences and the result
of any proceedings taken.
In addition to the foregoing, the register shall contain any special
entries which the circumstances may require.
The fulfilment of the conditions for securing registration shall be
proved in the following manner:
(1) Italian citizenship and domicile shall be proved by a certificate
from the mayor of the place in which the applicant is domiciled ;
(2) Age shall be proved by a birth certificate;
(3) Vaccination or the fact of having had smallpox shall be proved
by a medical report or a certificate from the Vaccination Office;
(4) Engagement on board an Italian vessel shall be proved by a
declaration, which may be made verbally, by the master or skipper ;
(5) The consent of the person who has parental authority over the
applicant or of his guardian, in the case of applicants under
18 years of age, shall be proved by a declaration on unstamped
paper made in the presence of the mayor or by a verbal declaration made in the presence of the competent harbour authority
by the father, or where the father is absent, or for any other
reason prevented from making such declaration, by the mother
or guardian, or by a person specially empowered thereto by the
father or guardian. Proof of such consent may also be furnished
by an attestation granted by the mayor. Proof that a person
is empowered to represent the father or guardian may be furnished
by an ordinary letter. Where the applicant, is a young person
of the description referred to in section 262 of the Civil Code,
consent shall be proved by a declaration on unstamped paper
by the director of the charitable institution of which he is an
inmate, or, where he has already left such institution, by a decision of the committee of guardianship (consiglio di tutela) in
accordance with section 261 of the aforesaid Code.
Any verbal declarations made under paragraphs (4) and (5) above shall
be noted on one of the papers referring to the case. Such note shall
be signed by the official to whom the declaration is made.
83. The persons referred to in paragraph (b) of section 18 of the
Mercantile Marine Code shall be registered as boys. Those referred to
in paragraph (c) shall be registered according to the rating to which
they are assigned on board and those referred to under paragraph (d)
shall be registered as fisherboys.
84. Applicants for registration as maritime workers of the first class
shall, if the year during which the nineteenth year of their age is completed has already begun, produce a certificate from the Prefecture to
the effect that there is no objection to the applicant's making sea
voyages.
MERCANTILE MARINE REGULATIONS, 1879
263
Such certificates shall be filled with the other documents produced
by the applicant and shall be mentioned in the registration book and
the register.
85. Where the applicant for registration is a person who by reason
of his age should have performed his military service, proof of his having
done so shall be required, and if the applicant is still inscribed on the
military service lists he shall be registered on the express condition that
he does not sail to any place outside Italy. The applicant so registered
may, however, also sail to foreign countries provided that he obtains
permission to do so from the officer commanding his military district
or that he holds a passport obtained in the manner prescribed in section
619 of the Regulations of 30 December 1877 for giving effect to the
military recruiting law.
86. Officers on the general staff of the Royal Navy may, after
leaving the Service, be registered at their own request, the sole document required in such cases being an extract from their military registration record.
87. The office of the maritime department, or the maritime district
office, where the latter is authorised to keep registers, shall be responsible
for issuing the book with which every registered person must be provided under the terms of section 19 of the Mercantile Marine Code.
This book shall in no case be delivered direct to the registered person,
but shall be handed to the master or skipper of the vessel on which
he is to sail. If the vessel is at some other place, the book shall be forwarded to the harbour office of such place.
88. The documents required for obtaining registration as a maritime
worker may be presented at any harbour office, which, if not authorised
to keep registers, shall transmit them direct to the office at which the
applicant must be registered.
Registration may also be effected direct by the local harbour commissioner (delegato di porto) or, failing a harbour commissioner, by the
mayor.
The harbour office responsible for the registration shall effect such
registration without delay, in all cases where a registration book is
required for a person about to sail immediately.
89. The book shall contain the same entries as the register save
those relating to accusations of and punishments for maritime or ordinary
offences other than desertion.
90. Entries relating to engagement and discharge shall be made
at the time of such engagement or discharge.
The entries shall be made in the following form:
Place of signing on
; date of signing on
; rank or rating
; nature of vessel
; name of vessel
; muster-rol 1
No
; series No
; destination
Place of discharge
; date of discharge
; places visited
91. All entries made in the books shall be corroborated by the signature of the harbour or consular official who makes them, with a statement of his rank and position.
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92. Where the engagement or discharge of a seaman takes place at
the port at which he registered, the relevant entries shall also be copied
into the register; where it takes place elsewhere, the harbour official
who officiates at the signing of articles shall note it in the register in
the prescribed form.
93. Harbour offices which enter engagements and discharges in
the registers in the manner prescribed in the preceding section shall, at
the end of each month, make a separate extract from the register for
each place of registration from which persons who have been engaged
or discharged as above within their jurisdiction originate, and shall
forward such extracts direct to the offices concerned. The latter shall
copy into their respective registers all entries relating to engagements
and discharges and shall file the extracts (on which the fact that the
entries have been copied shall be noted) according to the year and the
month.
94. District offices which are authorised to keep registers shall
transmit within the first fortnight of January in every year to the
chief town of the maritime department a list of maritime workers
of the first or second class whose names have been entered on or removed
from the registers within their district during the past year.
95. Certificates of registration on the military service lists, which
registered persons must produce after the beginning of the year in which
they complete the nineteenth year of their age, may be mentioned
in the registration books or identity cards issued by any harbour office.
Such offices must, however, where the lists or registers in which
the person concerned is entered are not kept by them, forward the
aforesaid certificates to the competent office, which shall make the
corresponding entries in its own registers.
96. The harbour offices shall provide applicants with a fresh rsgistration book, where it is shown or where sufficient reason exists for believing that the previous book has been lost or destroyed.
In any case the harbour office shall always have power to issue to
applicants an extract from the register, which shall be valid, pending
the issue of a fresh book. Where the loss or destruction of the book
was not caused by force majeure but by negligence, the applicant shall
be liable to a fine of not less than two or more than fifteen lire without
prejudice to his liability to heavier penalties in the cases referred to in
section 384 of the Mercantile Marine Code.
97. Where a lost book is subsequently found, the harbour office at
which it is presented shall withdraw it, and after investigation with
a view to ascertaining that it has not been used for any criminal purpose
shall cancel it by drawing a diagonal line across the first page, at the
same time making an entry to show the reason for its cancellation.
98. A fresh registration book shall also be provided wherever the
book previously issued has been rendered unfit for further use owing
to its bad condition or to the fact that all its pages are filled.
The previous book shall be cancelled in the manner prescribed in the
preceding section.
MERCANTILE MARINE REGULATIONS, 1879
265
99. The fresh registration book shall contain all entries concerning
the result of the person's examination with a view to military service,
his rank or rating, any rewards or honours granted to him, or any accusation of or sentence for desertion incurred by him. Entries concerning
the navigation effected as a result of his registration shall be reproduced
in summary form in the new book.
The prescribed amount shall be paid for each new book1.
CHAPTER III. — MASTERS' AND SKIPPERS' CERTIFICATES, ETC.
181. Masters and skippers of foreign nationality who desire, in
accordance with section 63 of the Mercantile Marine Code to exchange
the certificates held by them for corresponding certificates for the
Italian Mercantile Marine, shall present at the office of the competent
harbour authority: (a) a direct petition to the Ministry of Marine;
(b) a certificate that the applicant has acquired Italian citizenship ;
(c) the original certificate or other qualifying documents obtained by
the applicant from his own Government or an authentic copy thereof;
(d) an extract from a maritime register or a certificate from a foreign
maritime or consular authority, duly authenticated, in proof of the
fulfilment of the conditions prescribed, according to the rank for which
the applicant is a candidate, in the fifth, sixth, and seventh paragraphs
of section 62 of the Mercantile Marine Code, except as regards the period
of time served at sea as second or third officer; (e) a certificate of registration as a maritime worker of the first class; (/) a declaration by the
Minister of Justice and Public Worship to the effect that the applicant
has not committed any offence in Italy; (g) a certificate from the
authorities of the applicant's country of origin, in the form usual in
such country, to the effect that he has not at any time been sentenced
to any criminal penalty or to any lesser penalty for the offences referred
to in paragraph (b) of section 62 of the Mercantile Marine Code. Where
the applicant has been in Italy for more than three months, he shall also
produce the penal certificate (certificato di penalità) in the form prescribed
in section 140; (h) a receipt for payment of the fee for the certificate.
CHAPTER IV. — EXAMINATIONS FOR THIRD OFFICERS' CERTIFICATES;
PERMITS TO COMMAND VESSELS ENGAGED IN PETTY COASTING TRADE
AND LIMITED AND UNLIMITED PERMITS TO COMMAND FISHING BOATS
Division II. — The Limits Prescribed for Petty Coasting Trade
189. Seamen who are authorised to command vessels of not more
than 50 tons burthen on petty coasting trade, in accordance with section 60 of the Mercantile Marine Code, may navigate such vessels along
the mainland and island coasts of Italy and as far as the islands of
Corsica and Malta; to the non-Italian Adriatic and Ionian coasts,
* The book is now issued gratuitously.
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ITALY
including the Ionian Islands but not beyond Navarino ; to the Mediterranean coasts of France and Spain and the French and Spanish Islands,
as far as Gibraltar inclusively; to the coast of Morocco (including Ceuta)
and of Algeria, the Government of Tunis and Cyrenaica.
190. For the purposes of section 60 of the Mercantile Marine Code
concerning the burthen of vessels which may be commanded by specially
authorised seamen, no account shall be taken of fractions of less than
half a ton.
CHAPTER V. — CONDITIONS WHICH MUST BE FULFILLED BY PERSONS
ACTING AS FIRST AND SECOND ENGINEER
212. Any engineer who belongs to a nation where the exercise of his
profession is free to everyone shall undergo a theoretical and practical
examination before a board appointed for the purpose by the Ministry
of Marine, with a view to ascertaining whether he is qualified to hold
the rank for which he is a candidate.
213. Engineers known as " guarantee engineers " (macchinisti di
guarentigia), whether of Italian or foreign nationality, shall, wherever
they are full members of the ship's complement, hold an engineer's
certificate or be authorised as required in the preceding sections.
CHAPTER
VIII. —
THE SHIP'S PAPERS
Division II. — The Muster-Roil
318. Every vessel which has a certificate of registration shall be
provided with a muster-roll (ruolo d'equipaggio) according to the
regulation model.
319. Each muster-roll shall be numbered by the Ministry of Marine.
Each group of 10,000 progressive numbers shall form a series.
The series shall be numbered progressively.
320. The offices of the chief harbour authorities shall take charge
of all muster-rolls forwarded to them ; they shall transcribe the numbers
of such muster-rolls into the register in the prescribed form and shall
acknowledge receipt thereof to the Ministry of Marine.
The same procedure shall be followed by district offices as regards
their respective head offices, and by branch harbour offices as regards
the head office of their districts.
321. A muster-roll may be issued with one or more additional
sheets, according to the prescribed model, to steamships and vessels
of considerable tonnage, the whole of whose crews cannot be entered
on the main sheet, or where insufficient space is available for noting
the subsequent engagements which will presumably take place.
The same rules shall apply as regards the addition of further sheets
for visas in the manner prescribed by section 495 of these Regulations.
322. When adding an additional sheet to a muster-roll the harbour
official issuing such sheet shall note the number and series of the muster-
MERCANTILE MARINE REGULATIONS, 1 8 7 9
267
roll at the top of the first page of the sheet and shall make a similar
entry on the muster-roll, and shall sign both entries.
323. The muster-roll shall contain: (1) The dates of putting the
vessel into commission and out of commission; (2) A list of the crew,
in the following order: master, officers and petty officers, seamen, boys,
firemen and supplementary hands and any other persons who in any
capacity whatsoever are employed for the purposes of the vessel and of
the passengers; (3) The number of passengers; (4) A description of the
arms find munitions carried on board and any subsequent increase or
reduction therein.
The members of the ship's complement may not be entered on the
muster-roll as belonging to any rating other than those mentioned
in the Mercantile Marine Code.
Persons not belonging to the ship's complement but engaged for
service connected with the vessel and the passengers shall be entered
on the muster-roll in the capacity for which they sign on.
324. The date of putting the vessel out of commission shall be entered
on the muster-roll : (a) Where the roll has to be withdrawn with a view
to renewal; (b) Where the master or skipper requests that the vessel
shall be put out of commission for any reason whatsoever; (c) When
the voyage is completed and the crew are paid off; (d) When anything
occurs to delay, suspend or break off the voyage and the crew are paid
off.
325. Where the conditions of engagement of the crew are not based
on articles of agreement drawn up in the manner prescribed by the
Commercial Code, the following entries shall be made in the musterroll, in the proper columns: (a) The monthly remuneration of each
person engaged, or his share in the profits, or the remuneration agreed
upon for the whole voyage; (¿>) The voyage or voyages or the time for
which the engagement is to run; (c) In the case of a voyage or voyages
on shares in the profits or freightage, the share which must be reserved
for the owners of the vessel and any oth,r deductions which must
previously be made.
Where articles of agreement are drawn up in the manner prescribed
in the aforesaid Code, the date of such articles of agreement shall be
indicated in the muster-roll, together with the monthly remuneration
of each person engaged, or his share in the profits or the remuneration
agreed upon for the whole voyage.
326. The following particulars shall also be noted on the musterroll: (a) The declaration that the maritime taxes have been paid, and
the date of the receipt therefor; (6) The declarations appointing the
ship's manager or his representative; (c) The declaration required of
the ship's manager or of his representative (or the receipt from the
underwriter) showing whether or not the vessel is insured and indicating
in the affirmative case the name and address of the underwriter; (d) The
declarations concerning any inspections carried out in order to ascertain the seaworthiness of the vessel and engines and the provision on
board of the regulation equipment, gear, and instruments ; or the equivalent documents, in accordance with the rules laid down in theseRegula-
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ITALY
tions; (e) Any certificates of birth, death or disappearance at sea of any
person made out in the course of the voyage; (/) Any testamentary
declaration made in the course of the voyage.
327. The notes relating to the declarations referred to in paragraphs
(a), (b), (c), and (d) of the preceding section shall be entered on the
first page of the muster-roll and signed by the harbour or consular
official.
328. The harbour offices shall, before returning the muster-roll,
transcribe its contents with all the notes which it contains into the
muster-roll copying register in the prescribed manner.
329. Visas on the muster-roll must be entered in the first column
on the fourth page, and when that column is filled on the second. They
shall not be written right across the page, or on other parts of the page,
or inside the muster-roll.
Certificates of birth, death and disappearance at sea and testamentary declarations made in the course of the voyage shall be noted
on the fourth page of the muster-roll after the last visa, and shall be
signed by the master or his deputy and by two witnesses.
330. Harbour officials in-Italian ports and Italian consular officials
abroad shall substantiate by their signatures the notes made upon the
muster-roll concerning: (a) The putting of the vessel into and out of
commission; (b) The engagement, discharge, or death of members of
the ship's complement; (c) The shipping and landing of passengers;
(d) The handing over under arrest of accused persons.
Notes under paragraph (a) shall be entered in the spaces set apart
for the purpose on each muster-roll and shall serve as a basis for calculating the time spent at sea and for the settlement of accounts.
Notes under paragraph (b) shall be entered in respect of every person
whose name is inscribed on the muster-roll, in a column set aside for
the purpose.
Notes under paragraph (c) and (d) shall be entered in the section of
the muster-roll which is set apart for visas.
331. As a general rule, the entry concerning the putting of the ship
out of commission shall be made on the muster-roll when the members
of the crew are paid off.
Where this is done the date of their discharge, as entered both on
the muster-roll and on their registration book or identity card, shall be
identical with the date of putting out of commission.
332. Where, however, a vessel has put in at an Italian port, roadstead or shore and is obliged to wait there for further orders or in order
to complete some business operations or to undergo repairs, the master
or skipper may, whilst retaining on board the whole or part of the crew,
ask for a suspension of the vessel's commission or for the muster-roll
to be temporarily put out of commission. In such cases the harbour
official shall merely note the fact that the commission is suspended
and, where such is the case, that such members of the crew as have
actually left the vessel are discharged.
MERCANTILE MARINE REGULATIONS, 1879
269
333. Where the vessel begins a fresh voyage without the muster-roll
being renewed the date of her second putting into commission shall be
entered under the date of the first, and so on.
The same procedure shall apply in regard to putting the vessel out
of commission.
334. The period of currency of a muster-roll (whether or not additional sheets have been added) may not exceed three years, counting
from the date of the main roll.
Upon the expiration of this period, the harbour officials shall withdraw
the muster-roll from the vessel and issue a fresh one, after making a
final deduction of the sums due to the Seamen's Sickness Provident
Fund, wherever other temporary deductions have been effected during
the currency of the muster-roll.
CHAPTER
XIII. —
ARTICLES OF AGREEMENT
466. The articles of agreement, drawn up in the presence of a maritime or consular authority, shall be worded so clearly as to remove
all doubt, concerning the obligations assumed by members of the crew
and concerning their rights.
The duration of the engagement shall be formally stipulated in such
artLles. The articles slull also in all cas^ sclearly indicate the seas in
which the mastei is entitled to trade; any malarial or other places which
it is desired for any reason whatsoever to avoid ; the rations and drink
which shall be served to the crew; the conditions in regard to the means
of Repatriating the crew on the termination or dissolution of their
engagement, on account of a summons to military service, or for any
other legitimate reason, except shipwreck; and the terms of agreement
in regard to the currency in which the remuneration of the crew shall
be paid in foreign countries.
The maritime or consular authority shall further point out to the
crews the advisability of inserting a clause in the articles of agreement
defining their duties and right's in cases where, when the period of engagement is drawing to an end, the master desires to proofed on a further
voyage which it would be impossible to terminate within the remaining
period for which the engagement is to run.
467. As soon as the articles of agreement have been drawn up, the
presiding harbour or consular official shall read them out to the parties,
and if the parties accept them shall cause them to be signed by all persons concerned, and by two witnesses where any of the persons engaged
is unable to write, and shall thereafter affix his own signature.
In cases where, when these proceedings are taking place, part of the
crew is absent on board the vessel, such absent members shall be summoned to appear subsequently so as to sign the articles.
468. The conditions of engagement may be copied into the ship's
log-book by persons who are not members of the staff of the harbour
offices on behalf of the masters or skippers of vessels, provided that the
proper dues are paid. The harbour officials shall, however, confirm
such entries with their signature and official stamp.
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ITALY
470. The consent of parents or guardians to the engagement of
persons under 18 years of age in the case provided for by the fourth
of section 73 of the Mercantile Marine Code may be extended to cover
all contracts of engagement which may be accepted by such minors
previously to their attaining the age of 18 years, or to only one or more
such contracts, or may be limited to a specified period of time.
471. Parents or guardians may in giving their consent fix such
conditions as they may consider desirable in the interests of the minor
concerned, and may, in particular, veto a specific class of voyage.
472. Parents and guardians are entitled to limit or revoke the
consent so given at any time.
Where, however, at the expiration of the period for which such
consent is given or at the time of the revocation or limitation of the
consent of the parent or guardian, a contract made by the minor is in
force, such contract shall continue in effect and may where necessary
and in accordance with the terms of the commercial laws be extended
or renewed.
473. The deed of consent or of modification of consent referred to in
section 470, 471, and 472 above shall be drawn up in the presence of a
notary or of the mayor, and handed in to the Harbour Office, which
shall file it among the paper*, relating to the registration of the person
concerned, after making a note concerning it on the lists or registers of
matirime workers and on the person's registration book or identity
card.
Where the deed of consent or of modification of consent is handed
in to a harbour office other than that at which the person concerned, is
registered it shall be duly checked, a note concerning it shall be made
on the registration book or identity card, and it shall be forwarded to
the competent harbour office.
Consular officials shall also proceed in the manner prescribed above.
474. Consent to the engagement of the young persons referred to in
section 262 of the Civil Code shall take the form of a declaration by the
governors of the institution.
CHAPTER XIV.
— REPATRIATION
Division I. — The Payment of Travelling Expenses to Persons
Discharged from Italian Vessels
475. The sum payable in advance by the masters or skippers of
Italian vessels on account of travelling expenses to all persons dismissed
in a foreign country or in Italy outside the port at which they were
engaged, under the terms of section 76 of the Mercantile Marine Code,
shall be determined in the following manner: (a) where repatriation
is effected on board a sailing vessel the sum payable shall consist in the
price of a passage and maintenance on board such a vessel, to be agreed
upon in accordance with local usage. Chief officers holding a master's
certificate shall be admitted to the master's mess> table. All other
discharged persons shall be treated in regard to board and lodging
MERCANTILE MARINE REGULATIONS, 1 8 7 9
271
in the same manner as the members of the crew of the vessel; (b) where
repatriation takes place on board a steamer or by rail the sum payable
shall consist in the price of a ticket in the lowest class, for all members
of the crew without distinction ; excepting that chief officers holding a
master's certificate shall be entitled to tickets for the lowest class but
one.
476. During the journey by rail or steamer, where the cost of board
is not included in the price of the ticket, a daily allowance shall be paid
on the following scale: to a chief officer holding a master's certificate,
2 lire; to all other members of the crew, 1.50 lire.
Further, in the case of journeys by rail an additional allowance shall
be made wherever necessary for the transport of luggage, amounting
to the cost of transporting 40 kilogrammes in the case of a chief officer
holding a master's certificate, and of 30 kilogrammes in the case of all
other members of the crew.
477. Where the discharged person is sick or injured the sums necee
sary for the cost of his treatment in the place where he is discharged,
as prescribed by the Commercial Code, and for the cost of his repatriation as prescribed by sections 475 and 476 above, shall be calculated
and placed on deposit.
The sums advanced shall be forwarded by the Consular Office at
which they are deposited to the Ministry of Marine, together with
vouchers for all disbursements.
In the case, however, of deposits handed over in Italy it shall be the
duty of the competent harbour office to hold the money paid over in
advance at the disposal of any person entitled to claim it, together with
an explanatory account.
478. Any remuneration due to the members of the crew in accordance
with the provisions of the Commercial Code shall be paid by the master
or skipper at the time of their discharge, and, in the case referred to in
section 363 of the aforesaid Code, shall be deposited together with the
amounts due in respect of treatment and repatriation with the harbour
or consular officials.
In the case of a vessel lying at anchor abroad or in an Italian port
other than the place of residence of the owners or the ship's manager,
the master shall obtain a loan by bottomry, if he is unable otherwise
to meet the claims of the discharged person out of the money which
he has in hand.
479. The rules laid down in sections 475 and 476 above shall be
observed by the harbour or consular offices, failing special agreements
between the parties at the time of discharge, or where the means and
conditions of repatriation are not expressly stipulated in the contract
of engagement.
480. The right to repatriation and the obligation to provide it,
whether such repatriation takes place from one part of Italy to another,
or from abroad to Italy, or from one foreign port to another, apply only
as regards the port at which the person was engaged, in accordance
with the provisions of section 75 of the Mercantile Marine Code.
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ITALY
Persons who are being repatriated may, however, be conveyed to
their place of domicile or to some other place of their own choice, where
the expense of such conveyance is not greater than the cost of conveyance to the port at which they were engaged.
The harbour or consular officials shall have the reasons for such
change of destination stated in a special declaration.
Division II. — Repatriation on Board Sailing Vessels and Steamships
Officially Effected by Consular Authorities
481. The sums due to masters or skippers of Italian sailing vessels
or steamships for a passage on board in the case of the conveyance to
Italy of the nationals referred to in section 114 of the Mercantile Marine
Code shall be calculated on the following scale: (a) In the case of
indigent or abandoned maritime workers, on sailing vessels, for every
person holding a master's certificate 2 lire per day, and for all other
persons 1.50 lire per day; on steamships, for every person holding a
master's certificate 3 lire per day, and for all other persons 2 lire per
day; (b) In the case of maritime workers who are charged with an
offence or are under arrest without being subject to special supervision,
the cost of passage and board shall be calculated in accordance with
the provisions of paragraph (a) above. Where, however, such persons
must be specially guarded during the passage, a special rate of compensation shall be fixed by the consular official according to the circumstances
of the case; (c) In the case of persons who are not maritime workers,
irrespectively of the kind of the vessel on which they are to be transported, the total inclusive sum due in respect of passage and board
shall be fixed by the consular official, due regard being paid to the fact
that the passage is compulsory and to the physical condition of the
person and the probable duration of the voyage.
Division III. — Special Regulations in Regard to Board, Clothing and
Repatriation of Shipwrecked Seamen in a Foreign Country
483. Where an Italian vessel is shipwrecked abroad and is subsequently abandoned in accordance with the provisions of section 56 of
the Mercantile Marine Code, the Italian consular officials shall make
provision for the members of her crew in accordance with the following
rules, without prejudice to the observance of the provisions of Chapter
XXI, Division 5, of this Part : (a) where any Italian sailing or steam vessels
are in the harbour, they shall arrange for the shipwrecked seamen to
be taken on board such vessels either as members of the crew, or as
supernumeraries with or without pay or wages, if the vessels are
homeward bound and their crews are complete. The conditions on
which such seamen are taken on board shall be noted on the muster-roll.
(b) For the aforesaid purpose they may also avail themselves of vessels
flying a foreign flag providing that such vessels are bound for an Italian
MERCANTILE MARINE REGULATIONS, 1879
273
port and that the masters thereof undertake to land the shipwrecked
seamen immediately on arrival thereat; (c) Where no such means are
available the consular officials shall apply for passages to be granted
to the persons who are to be repatriated on board homeward-bound
Italian war vessels, where there are any such vessels in the harbour.
The above rules shall also be observed by any Italian consular
officials to whom shipwrecked seamen are referred for subsequent repatriation.
484. Where it is impossible to secure an engagement or a passage
in the manner described in the preceding section, the consular officials
shall proceed in the manner prescribed in the two preceding Divisions,
where any Italian sailing or steam vessels are in th.; harbour.
Failing any such means they shall take steps for the repatriation
of the shipwrecked seamen by any comparatively economical means
which may be available.
In this case, however, the master, and the chief officer where the
latter holds a master's certificate, shall be granted tickets in the lowest
class but one both on steamships and by rail, and the remaining members of the crew shall be granted tickets in the lowest class.
485.' Where pending shipment it is necessary to supply the shipwrecked seamen with provisions and shelter, the consular officials
shall provide only the barest necessities. Similarly where the shipwrecked seamen have lost the whole or part of their clothing, the consular officials shall take steps to provide them only with such articles
as are strictly necessary and of ordinary quality.
No cash payments shall be made to shipwrecked seamen for their
personal use.
486. Where any of the shipwrecked seamen are of foreign nationality
and where the amount recoverable in such cases covers the necessary
expense, they shall be sent'to the port at which they werj engaged.
Otherwise such seamen shall be referred to the respective consular
agents responsible for providing for their shelter, maintenance and
repatriation.
In the absence of any such consular agent they shall be referred to the
local police authorities.
Exception shall be made in the case of persons who are nationals
of States with which Italy has concluded special agreements in regard
to this matter.
In such cases the consular officials shall take steps to see that the
provisions of such agreements are observed.
Division IV. — Repatriation by Harbour Offices in Italy
487. Where harbour offices are obliged to make arrangements for
the repatriation of seamen under the terms of the second paragraph
of section 76 of the Mercantile Marine Code they shall avail themselves
of sailing or steam vessels, or of the railway, giving preference among
18
274
ITALY
the means available to those which are the most economical, and observing, according to the circumstances of each case, the rules laid down in
sections 475 and 476 above.
In the case of shipwrecked seamen they shall, wherever necessity
arises, take into account the provisions of sections 485 and 486 above.
488. In regard to the pitee to which persons are to be repatriated,
the harbour officials shall observe the rules laid down in section 480
of these Regulations.
489. Where persons who are repatriated to the port at which they
were engaged are obliged for some reasonable and properly authenticated
cause to proceed to their own place of domicile, the police authorities
shall provide for their transport thereto, wherever it is shown that they
are unable to proceed thither at their own expense.
490. Harbour offices to which members of the crew of an Italian
vessel shipwrecked abroad are referred for repatriation to their port of
engagement shall immediately make arrangements therefor in the manner
prescribed in section 488 above.
CHAPTER XIX.
— THE MAINTENANCE OF ORDER ON BOARD SHIP
Division II. — The Standard Ration on Board Ship
599. The ration to be served out to the crew, where not specifically
defined by agreement between the parties in the contracts of engagement,
may not be less as regards quantity than that prescribed for the crews
of vessels of the Italian Navy, but the quality of foodstuffs and drink
may very according to the nature of the voyage or the particular characteristics of the places at which the ship calls.
Part IV
CHAPTER II. — PENAL JURISDICTION, COMPETENCE AND PROCEDURE
IN MERCANTILE MARINE MATTERS
Division I. — Investigation of Offences
987. The object of the duties in regprd to the investigation of offences
prescribed for harbour authorities under the terms of section 13 of the
Mercantile Marine Code is to enquire into maritime offences, to collect
evidence concerning them and to supply the authorities competent to
try such offences with all the information which may help them to
discover the authors of such offences and their accomplices.
988. In connection with these duties the harbour authorities shall
receive reports, complaints and accusations concerning any maritime
offence committed within the territory of their jurisdiction and on board
merchant vessels abroad or during the voyage within the limits laid
down in the aforesaid Code. They shall further carry out investigations
both directly and through the officials of the harbour offices with a
MERCANTILE MARINE REGULATIONS, 1 8 7 9
275
view to obtaining evidence concerning such offences and shall proceed
without delay to draw up the necessary preliminary records in the
manner and form prescribed by the Mercantile Marine Code and by these
Regulations. They shall in due course forward to the competent
authority all the information which they are able to collect.
989. To this effect they are empowered to order the arrest of accused
persons caught in flagrante delictu where the offence concerned involves
a penalty of imprisonment exceeding three months or any severer
penalty, calling upon the public forces to give direct assistance wherever
necessary.
The arrest of accused persons caught in flagrante delictu shall also be
ordered where the offence involves a penalty of imprisonment for not
more than three months, if the accused persons belong to the class
denned in section 206 of the Code of Penal Procedure.
990. Apart from cases where persons are caught in flagrante delictu,
the harbour authorities shall refrain from arresting or ordering the
arrest of persons accused of maritime offences within the exjlusive
competence of the judicial authorities, except where in the course of
their enquiries or even after the records of the case have been forwarded
to the aforesaid authorities they have good reason to suspect that the
accused person contemplates flight.
In such case they may order the arrest of the person concerned,
always provided, however, that serious evidence of his guilt exists
and that the conditions prescribed by section 182 of the Code of Penal
Procedure as amended by Law No. 3183 of 30 June 1876 are fulfilled,
and without prejudice to the provisions of the second paragraph of
section 444 of the Mercantile Marine Code concerning accused persons
remaining at liberty who sign on for a voyage abroad.
They shall justify the issue of any order of arrest by drawing up a
detailed report and by immediately informing the competent judicial
authority.
For the purpose of decidingwhether the accused was caught in flagrante
delictu, the provisions of section 47 of the Code of Penal Procedure shall
be observed.
991. In the case of rebellion, insulting behaviour, violence, assault,
abuse or insolence towards the harbour authorities in the exercise of
their duties, or arising out of the performance of their duties, a report
thereon shall be drawn up and forwarded to the competent authority
under the provisions of sections 409 and 425 of the Mercantile Marine
Code. The harbour authorities and heads of harbour offices may
in such cases proceed to the immediate arrest of the accused person
even where he is not a member of the class defined in section 206 of the
Code of Penal Procedure, although the offence of which he is accused
does not involve a penalty of imprisonment for more than three months
or some severer penalty.
992. The arrest of a person who is guilty of any of the acts described
in the preceding section or of any other overt offence within the limits
laid down above shall be affected regardless of the nationality of the
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ITALY
person concerned or of the flag under which the vessel to which he
belongs sails.
995. The duties in regard to the investigation of offences prescribed
for harbour authorities shall be exercised by them under the direction
and authority of the general prosecutor (procuratore generale) in the
Court of Appeal and of the public prosecutor (procuratore del Re) in the
police court within whose district such duties are performed,subject,
however, to the limits laid down in these Regulations, without prejudice
to proper regard for the authority of superiors and always in accordance
with the provisions of the relevant laws and regulations.
Part V. — Disciplinary Powers
1067. The disciplinary powers conferred on the authorities mentioned
in section 451 of the Mercantile Marine Code shall also extend to persons
of foreign nationality who fulfil the conditions laid down in the aforesaid
section 451.
The provisions of section 452 of the Mercantile Marine Code concerning
lack of respect to superiors applies to masters and officers of vessels
and not to the chief harbour authorities and other harbour officials
in the Mercantile Marine, as regards whom the provisions of section 417
of the aforesaid Code shall apply.
SPAIN
Questions relating to articles of agreement and discipline of
seamen were primarily dealt with in Book III of the Spanish Commercial Code concerning maritime trade. Special legislation was
subsequently passed in Spain relating in particular to articles of
agreement (Royal Decree to Approve the Regulations respecting
the Engagement of Crews for Merchant Vessels, of 18 November
1909, the provisions of which were amended 26 March 1925; the
amended Regulations are given in this volume) and to discipline on
board ship (Royal Decree Approving the Draft Penal Code for the
Mercantile Marine, 21 June 1923). The provisions of the Commercial
Code which concern articles of agreement and disciplinary and penal
measures only are given in this publication.
It should be noted that Spain ratified (20 June 1924) the Genoa
(1920) Conventions "fixing the minimum age for the admission of
children to employment at sea", and "concerning unemployment
indemnity in case of loss or foundering of the ship", and the Geneva
(1921) Conventions "fixing the minimum age for the admission
of young persons to employment as trimmers or stokers" and "concerning the compulsory medical examination of children and young
persons employed at sea".
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Commercial Code
BOOK III
CHAPTER II. — PERSONS ENGAGED IN SHIPPING TRADE
Division 1. — Owners and Ship's Managers
586. The owner of the vessel and her manager shall be liable under
civil law for the acts of the master and the obligations contracted by
him for repairing, fitting out and victualling the vessel, provided that
the creditor proves the amount claimed to have been spent on the vessel's
requirements.
By ship's manager is meant the person responsible for victualling or
representing the vessel in the port where she lies.
587. The managing owner shall similarly be liable under civil law
for any compensation due to a third person in consequence of the
master's behaviour in connection with the custody of the goods loaded
on the vessel ; but he may obtain release from such liability by abandoning the vessel with all her belongings and the freight that she has earned
on the voyage.
588. Neither the owner of the vessel nor her manager shall be liable
for the obligations contracted by the master if the latter exceeds the
powers vested in him by reason of his command, or conferred upon him
by the aforesaid owner or manager.
Nevertheless, if the amounts claimed were spent on the vessel's
requirements, liability shall rest with her owner or manager.
596. The ship's manager may act as master of the vessel, subject
in all cases to the provisions of section 609
597. The ship's manager shall choose and engage the master, and
shall contract in the name of the owners, who shall become liable in all
matters connected with repairs, with the crew (in all respects), the
equipment, provisions, fuel and freight, and in general everything
required for navigation purposes.
598. The ship's manager cannot give orders for a new voyage, nor
contract for a new freight, nor insure the vessel, without the authorisation of the owner or the resolution of the majority of joint owners,
unless these powers have been conferred on him in his letter of appointment.
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279
If he contracts for insurance without authority, he shall stand surety
for the solvency of the insurer.
602. The ship's manager shall refund to the master all amounts
expended by him on the requirements of the vessel, whether from his
own or other funds.
603. Before the vessel puts to sea, the ship's manager may, at his
discretion, discharge the master and members of the crew when not
engaged for a specific period or voyage, paying them the wages due
under the terms of their contracts, and without any compensation
unless this is expressly and specifically provided for.
604. If the master or any other member of the crew is discharged
during the voyage, he shall receive pay as up to his return to the port
of engagement, except in the case where he was discharged with just
cause and subject to the provisions of section 636 and succeeding sections
of this Code.
605. If the agreements of the master and members of the crew with
the ship's manager are for a definite period or voyage, they cannot be
discharged before the termination of their agreements, except on the
grounds of serious insubordination, robbery, theft, habitual drunkenness,
or damage to the vessel or her cargo, caused by patent or provable malice
or negligence.
606. If the master is joint owner of the vessel, he cannot be discharged
unless the ship's manager pays him the equivalent of his share, which,
in default of agreement between the parties, shall be valued by experts
appointed in the manner prescribed by the Law of Civil Procedure.
607. If the master, being joint owner of the vessel, has obtained
command of her by special agreement recorded in the minutes of the
company, he cannot be deprived of his command except for the reasons
given in section 605.
608. In the event of a voluntary sale of the vessel, every contract
between the ship's manager and the master shall lapse, the last named
retaining his right to the compensation payable under the terms of his
agreement with the said ship's manager.
The sold vessel shall be taken as security for the payment of such
compensation if, after an action has been brought against him, the seller
proves to be insolvent.
Division 2. — Masters
609. Masters must be Spanish nationals, legally qualified to assume
obligations under this Code, and show that they possess the necessary
training, ability and qualifications to command and navigate the vessel
as laid down in the laws, ordinances or regulations upon shipping and
navigation, and that they have not forfeited their right to undertake
such duties under the said laws, ordinances and regulations.
If the owner of the vessel wishes to be her master, but is not legally
qualified, he shall confine himselt to the economic administration of the
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SPAIN
vessel, and shall entrust t h e navigation to a person possessing the
qualifications required by the said ordinances and regulations '.
610. The following powers shall be vested in the master by virtue
of his command:
(1) to appoint, and contract with, the crew in the absence of the
ship's manager, to propose the crew when he is present, b u t
without the manager being able to insist upon any individual
against his express refusal;
(2) to command the crew and to sail the vessel to her port of destina^
tion according to the instructions which he receives from the
manager;
1
The provisions of the ordinances and regulations relating to the requirements
for qualification as a master are collated in the Regulations for Merchant
Navigation drawn up by the Ministry of Marine, and approved by the said
Ministry's Royal Order of 1 January 1885. These provisions are the following:
6. Every owner or manager of a vessel is authorised to man her with the
number of hands he considers desirable, whether or no they are previously
inscribed in the registers of the naval authorities, although they must be so
inscribed from the moment they go to sea; and he may likewise entrust the
command of the vessel to any person he thinks fit, whether or no the said
person belongs to the category of navigators or masters, provided that he is
a Spanish national, having completed 21 years of age; and he may replace
him whenever he thinks fit, giving previous notice to the naval authorities of
the port, who must make an entry on the licence, and notify the naval authorities of the province concerned for the necessary entries to be made in their
books.
I. In order to safeguard the lives of the crew and passengers, and the
interests of commerce, the naval authorities shall, before clearing the vessel,
require her to carry the number of qualified navigators specified in the following
section.
8. Every vessel which sails for the high seas must carry, in addition to the
master, a first- or second-class navigator, responsible for steering the course,
and another second- or third-class navigator if the master is not a navigator.
When the course is to the Pacific, she shall carry two first- or second-class
navigators, and one third-class navigator, but one of the first- or second-class
navigators, may be dispensed with if the master is a navigator.
9. Coasting vessels which do not leave the limits of their departments may
be exempted from carrying a navigator when the naval authorities judge that
he may safely be dispensed with, having regard to the vessel's tonnage and
cargo. Those employed exclusively m fishing along the coasts are not obliged
to carry a navigator.
10. Navigators receive their theoretical training in the nautical schools
or institutes of secondary education, and their practical training in merchant
vessels. Theoretical training covers a three years' course in arithmetic,
algebra, trigonometry, topography, physical and political geography, experimental physics, line and hydrographie drawing, cosmography and navigation.
Practical training includes practical work at the helm, seamanship, and the
observance of international conventions on lights and manoeuvring to avoid
collision.
I I . The examinations in the theoretical part are held in the same nautical
schools and institutes of secondary education, and on the strength of these
examinations certificates are issued which entitle the holder to act in an
unpaid capacity pending the acquisition of practical experience.
12, The practical examinations for qualification as a navigator or promotion to a higher class are held in the offices of the naval authorities of the
COMMERCIAI, CODE
28Î
(3)
subject to the contracts, and to the laws and regulations respecting
the Mercantile Marine, and when he is on board, to inflict disciplinary punishment upon those who fail to obey his orders, or
are guilty of breaches of discipline, and, in respect of crimes.
committed on board while at sea, to prepare the prescribed
summary evidence, which he shall deliver, a t the first port of call,
to the authorities competent to t r y the case ;
(4) to contract for the freighting of the vessel in the absence of t h e
ship's manager, owner or his agent, acting according to instructions received, and working with the utmost diligence in t h e
interests of the owner;
district or station in the three last working days in each of the months of
February, April, June, August, October and December, the examinees being
candidates who have applied in the period between the date of the examination
and that of the former.
13. The senior naval officer shall preside at the examination, but when his
duties do not permit of it he may appoint a captain, or, if none is available,
a commander, as his substitute, and two captains and two other officers shall
vote if the person examined wishes to qualify as a first- or second-class navigator,
whilst only the president and two officers shall vote if he is seeking to qualify
as a third-class navigator.
14. The conditions for admission to the examination at the commandant's
office are the following:
(a) For third-class navigators. Candidates must produce a certificate of
proficiency in the theoretical studies issued by the nautical schools authorised
by the Government, or by institutes of secondary education, and prove by
documents issued by the naval authorities, and duly anthenticated, that they
have made two round sailing voyages from Europe to America or the Gulf of
Guinea, or from the West Indies to the river La Plata or the Gulf of Guinea,
or one from Europe to the Philippines by the Cape of Good Hope, or to the
Pacific by Cape Horn, or four of from 100 to 200 leagues each on the high seas,
or double the number of voyages in steamships.
(b) For second-class navigator. Candidates must show that they are thirdclass navigators, although they may not have received a final diploma, and
prove by documents issued by the naval authorities, and duly authenticated,
that as third-class or unpaid navigators they have made three round sailing
voyages from Europe to America or the Gulf of Guinea, or from the West
Indies to the river La Plata or the Gulf of Guinea, or two from Europe to the
Philippines by the Cape of Good Hope, or to the Pacific by Cape Horn, or six
of from 100 to 200 leagues each on the high seas, or double the number of
voyages in steamships.
(c) For first-class navigators. Candidates must show that they are secondclass navigators, although they may not have received a final diploma, and
prove by documents issued by the naval authorities, and duly authenticated,
tha{ as second- or third-class, or unpaid, navigators they have made five
round sailing voyages from Europe to America or the Gulf of Guinea, or from
the West Indies to the river La Plata or the Gulf of Guinea, or three from Europe
to the Philippines by the Cape of Good Hope, or to the Pacific by Cape Horn,
or ten of from 100 to 200 leagues each on the high seas, or double the number
of voyages in steamships.
15. In reckoning the voyages referred to in the preceding sections, it shal
be a matter of indifference whether they are made in a Spanish or foreign
vessel, provided that they are made professionally, and not as a passenger;
a voyage interrupted by shipwreck shall not be considered as completed,
and, where no other equivalent is expressly laid down, every two voyages in
a steamship shall count as one in a sailing vessel; one voyage to the Philippines
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(5) to take all necessary measures to keep the vessel well supplied
with victuals and stores, and if there is no time to apply for instructions from the manager to b u y what is required for the purpose ;
(6) in like cases of urgency and whilst on a voyage, t o give instructions for repairs to the hull and engines of t h e vessel and her
tackle and stores, where absolutely necessary to continue and
complete the voyage; b u t if he arrives at a place where there
is a consignee of the vessel he shall act in agreement with the
latter.
611. In order to discharge the duties mentioned in the preceding
section, the master, when he has no funds and does not expect to receive
or to the Pacific as two to the east coast of America; and two on the high
seas (on any sea) as one to the east coast of America.
16. The examination records, endorsed "passed" or "failed" shall be handed
over to the senior naval officer of the district or station where they are held,
who, after satisfying himself that the proper stamped paper has been delivered
shall issue to the successful candidates provisional titles of competence to sail
in the grade for which they have qualified; and he shall send a copy of the
document to the higher authorities of the district or station in which the candidates are registered, in order that the definite certificates may be issued by
the said authorities, and that they may make the requisite entries in their
books.
17. Every coasting or fishing vessel must when leaving harbour, sail in charge
of a master. In conformity with section 1, the ship's manager, or owner,
may entrust the command to the person he thinks fit; but if that person does
not belong to the class of duly examined and certificated navigators or masters,
he must have completed 21 years of age, and have a certificated master to
assist him in professional matters, in order that the lives of the crew may
be safeguarded. Any change of masters shall be noted in the muster rolls
by the naval authorities of the ports where the change is made. In order to
qualify as masters, candidates must have completed 21 years of age, be registered in some command or district, and give proof of possessing the knowledge
specified in the following section before a board composed of the senior naval
officer of the province as chairman and the second in command and his adjutants as voting members, the number being made up, if necessary, to seven
(including the chairman), with captains belonging to the class of certificated
navigators or masters, chosen from the vessels lying in the port.
18. The subjects on which the examination for masters' certificates shall
turn are the following:
For coasting masters. Ability to read and write, and handle the tackle
of the coasting vessels of the district; methods of stowing cargo in them according to its nature, or careening or heeling them to stop a high or low placed
leak, and of beaching them; knowledge of the coast off which they are to sail,
its shoals, and banks, of the currents and tides, of the prevailing winds, of the
winds with which to make the coast and of those suitable for beating off;
boxing the compass ; determining the position by means of soundings and other
practical methods of ascertaining the distance from the coast and the course
to be laid; the mode of entering and leaving the ports of the province and a
number of other ocean and Mediterranean ports; the precautions to be taken
in storms both at sea and in harbour; methods of repairing damage; knowledge
of the lighthouses on the coasts off which they sail; of the maritime, health
and police regulations in the ports; of instructions printed on the muster
rolls and the parts of the commercial code relating thereto, and of the regulations on lights and manoeuvring to avoid collision.
For masters of fishing boats. Management of the sails of the. boats engaged
in this industry in the province; names and management of the nets which
are used in them, and of the regulations affecting them; methods of stowage
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283
a n y from the ship's manager, shall raise them b y adopting the following
methods in the order given:
(1) by applying to the consignees of the vessel or the manager's
agents ;
(2) by applying to the consignees of the cargo or persons interested
therein ;
(3) b y drawing on t h e ship's manager;
{4) by borrowing the requisite amount by means of bottomry bond ;
(5) by selling such portion of the cargo as will yield t h e amount
absolutely indispensable to repair the vessel and to fit her out
to pursue her voyage.
In the last two cases he must apply to the judicial authorities of the
port if he is in Spain and to the Spanish consul if he is abroad; and if
there is no consul, then to the local authorities, acting in conformity
with section 583 and the provisions of the Law on Civil Procedure.
612. The following duties shall devolve on a master by reason of his
command:
(1) to have on board before commencing the voyage a detailed inventory of the hull, engines, tackle, stores, spare parts and other
appurtenances of the vessel; the Royal Licence or navigation
licence; the list of crew and list of passengers; the bill of h e a l t h ;
the certificate of registry, proving the ownership of the vessel
and all the obligations affecting her up to- t h a t date ; the
contracts of affreightment or authenticated copies thereof; the
bills of lading or manifests of the cargo, and the record of any examination or survey by experts if carried out at the port of sailing 1 ;
calculated to meet all requirements in respect to stability: methods of careening
and heeling these vessels to stop a high or low placed leak, and of beaching
them; knowledge of the coast off which they are to fish, of its shoals and banks,
of the currents and tides, prevailing winds, winds suitable for making land and
those suitable for beating off; some knowledge of the compass; precautions
to be taken in storms both at sea and in harbour; methods of repairing damage;
a knowledge of the lighthouses on the said coast, and the means of entering
and leaving the ports thereof; acquaintance with the regulations in these
ports and of the maritime health regulations; knowledge of the lights which
fishing boats are required to carry.
10. A record of the examination shall be made in a book kept for the purpose; and, without any report on the result to the higher authorities of the
department or station being required, a certificate of coasting master or fishing
master not specifying the boat which they are to command shall be issued to
the successful candidates ; if, in addition to the above requirements, the successful candidate possesses the further qualification of having made a cruise in a
warship, without anything being recorded against him, he shall be entered as
a master. In the contrary case he shall not enter this privileged class, although
he may act as a master.
20. When there is a dearth of masters in any place, and there are no entrants
for the examination, the naval authorities may, while the need persists,
license registered seamen whom they consider capable of supplying passing
needs, after examining them on essential requirements, but these licences
must lapse as soon as certificated masters are available.
1
Section 43 of the Regulations on Merchant Navigation reads as follows
with respect to the documents which merchant vessels are required to carry:
I. Vessels sailing the high seas.—(a) A Royal Navigation Licence according
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(2) to carry a copy of this Act on board;
(3) to keep three books stamped and with numbered pages, and to
inscribe in the beginning of each a note, signed by the naval
authorities, or failing these the competent authorities, stating
the number of pages contained therein. In the first book,
which will be called the "Log" he shall note day by day, atmospheric conditions, prevailing winds, the courses steered, the sail
carried, the engine power developed, the distances covered, the
manoeuvres carried out and other incidents of navigation ; he shall
also note the damage suffered by the vessel in her hull, engines,
tackle and stores, however caused, as also the deterioration and
damage suffered by the cargo, reasons and extent of jettison,
if any; and, in cases of serious decision calling for consultation
with, or a general meeting of, the officers of the vessel and even
of the crew and passengers, he shall record the decisions taken.
For these notes he shall make use of the binnacle book, and the
engineer's diary dealing with the engines and steam pressure.
In the second book called "Account Book" he shall enter all
the amounts which he receives and pays on account of the
vessel, specifying item by item the source of receipts, and the
details of expenditure on victuals, repairs, purchase of stores and
accessories, provisions, fuel, fittings, pay and other expenses of all
to the appended model (model A). Failure to carry such a licence or carrying
of a falsified or misleading licence shall render both vessel and cargo liable
to confiscation, (b) The instrument of ownership. The absence of this
document places the nationality of the vessel in doubt since Spanish vessels
have necessarily to be the property of Spanish nationals, (c) Bill of health
countersigned, if necessary, by the consul of the country for which the vessel
is bound. The absence of this document or of the requisite visa renders the
vessel liable to detention in quarantine or under observation until the Boards
of Health have evidence of satisfactory health conditions both on the vessel
and in the port from which she sailed, (d) The binnacle book or log-book
containing the particulars necessary for appreciating all the circumstances of
the voyage, when the vessel sails overseas and abroad. In the absence of this
document the vessel may be treated as suspect. The following must be produced on demand to the "naval authorities, customs officers and consuls abroad :
(e) The muster roll and list of passengers, signed by the naval authorities or the
Spanish consul at the port of departure. Failure to produce this document
lays the master open to suspicion of concealing persons who could not have
embarked lawfully, apart from the penalties which he incurs through breaking
the law. (j) Charter-party, if the vessel is not sailing on account of the owner.
(g) Manifest of the cargo showing without corrections, erasures or interlineary
additions, the name of the vessel and her master, tonnage, flag, consignor,
port of sailing and destination, number, class, marks, numbers, contents and
gross weight of the packages, and other special particulars which the laws in
force at the time in the particular branch of the customs require in each
case.
II. Coasting vessels. — (a) Navigation licence issued by the senior naval
officer of her province, (b) Instrument of ownership, (c) Bill of Health.
(d) The log if she is sailing abroad, (e) The mueter roll and list of passengers.
(f) Charter-party if she is not sailing on account of her owners, (g) Manifest
of the cargo.
III. Fishing boats.—(a) Fishing licence issued by the senior naval officer
of her province or the naval officer of the district, (b) Muster roll stating also
the kind of fishing in which she is engaged.
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kinds. He shall also enter a list of all the members of the crew,
stating their domicile, their pay or wages and the amounts received
on account, either directly or by payment to their families.
In the third book entitled "Cargo Book" he shall note the
reception and delivery of all merchandise, stating the marks and
packages, names of consignors and consignees, ports of loading
and discharge and the freight money yielded. In this same
book he shall note the names of the passengers and whence
they come; the number of packages in their luggage and the
amount of their passage money;
(4) before taking in cargo, and if required by the consignors and
passengers, to make a survey of the vessel with the officers and
two experts, to ascertain if she is staunch, with tackle and
machinery in good condition and all stores required for efficient
navigation, retaining a certified copy of the report of such
inspection signed, at their own responsibility, by all the parties
concerned. The experts shall be appointed, one by the master
of the vessel and the other by the parties applying for the
survey; and, in case of disagreement, the naval authorities of
the port shall appoint a third;
(5) to remain constantly on board with the crew while the cargo is
being shipped, and to watch carefully over the stowing; to
refuse any merchandise or materials of a dangerous nature, such
as inflammable or explosive substances, if the stipulated precautions in respect of coverings, handling and isolation have not
been taken; not to allow the stowing on deck of any cargo
which, owing to its position, volume or weight, hampers the
seamen in their work and may imperil the safety of the vessel;
where the nature of the merchandise, the special circumstances
of the voyage, and chiefly the favourable season in which the
latter is commenced, permit of cargo being carried on deck, he
. must seek the opinion of the officers of the vessel and have
regard to the wishes of the consignors and ship's manager;
(6) to apply for a pilot at the cost of the vessel in all circumstances
where the interests of navigation require it, particularly when
he has to enter a port, canal or river, or move into a roadstead
or anchorage which neither he nor the officers and crew of the
vessel know;
(7) to be on deck when making land and to take charge when
entering and leaving ports, canals, creeks and rivers, unless he
carries a pilot on board who is acting as such. He must not
spend a night away from the vessel except for serious reasons
or on duty;
(8) as soon as he enters a harbour of refuge, to present himself
within twenty-four hours, to the naval authorities if he is in
Spain, and to the Spanish consul if abioad, and to make a
declaration of the name, registered number and port of sailing
of the vessel, of her cargo and- reason for putting in ; which
declaration shall, if it is found on examination to be satisfactory,
be countersigned by the authorities or consul, who shall give
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him a certificate attesting to his arrival and to the reasons
which occasioned it. In default of the naval authorities or
consul, the declaration shall be made before the local authorities ;
(9) to apply to the competent authority to have the obligations
which he contracts under section 583 noted on the vessel's
mercantile registry certificate;
(10) to place in safe keeping and custody all the papers and belongings of any member of the crew who may die on board, drawing
up a detailed inventory in the presence of witnesses chosen
from passengers, or in default thereof from the members of
the crew;
(11) to guide his conduct by the rules and precepts set forth in the
manager's instructions, being held responsible in so far as he
acts to the contrary;
(12) to report to the ship's manager, from the port where the vessel
arrives, the reason for the vessel's arrival, making use of such
facilities in respect of semaphore, telegraphic or postal communications as may be available in the circumstances; to
inform him of the cargo which he has shipped, stating the names
and addresses of the consignors, the yield in freight money
and the sums borrowed on bottomry bonds; to advise him of
his departure and of all operations and particular facts which
may be of interest to him;
(13) to observe the rules for preventing collisions;
(14) to remain on board, in case of danger to the vessel, until all hope
of saving her has been lost, and before abandoning her to consult
the officers of the crew, and to abide by the decision of the
majority; and if he has to take refuge in a boat, to endeavour
above all things to take with him the books and papers, and
after that the objects of greatest value, he being bound, if the
books and papers are lost, to prove that he did his best to salve
them ;
(15) in the event of shipwreck, to make, at the first port of arrival
and within twenty-four hours, a deposition in due form before
the competent authority or the Spanish consul, giving a detailed
account of the incidents of the shipwreck, in accordance with
subsection 8 of this section;
(16) to discharge the obligations imposed by the laws or regulations
concerning navigation, customs, health, etc.
613. A master who sails at joint or third shares in the freight may
not do any business on his own account; and if he does, the profit
accruing shall go to the other interested persons, whilst any losses shall
be borne by him alone.
614. The master who has been engaged for a voyage and fails to carry
out his contract, unless prevented from so doing by some accidental
occurrence or force majeure, shall pay compensation for any losses
which he may have caused, without prejudice to any legal penalties
which may be applicable.
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615. A master cannot appoint any other person as his substitute
without the consent of the managing owner; if he does so both he and
his substitute may be discharged by the ship's manager, and the master
shall moreover be responsible for all the actions of the substitute and
liable to pay compensation under the terms of the preceding section.
616. If the vessel's food and fuel supplies are exhausted before
arrival at the port of destination, the master shall, in agreement with
the officers, take measures to put in at the nearest port in order to
replenish his stocks; but if he has persons on board who possess their
own provisions, he may compel them to hand them over for general
consumption by all on board, paying their value forthwith or at latest
at the first port of arrival.
617. A master may not borrow money on a bond secured on the
cargo, and if he does so the contract shall be void.
Nor may he borrow on the vessel for his own private business, but
only on the share which he holds, and provided that he has not previously borrowed any sum on the vessel as a whole, and that there is
no other kind of charge or obligation resting on the vessel. If he is able
to borrow; he shall be compelled to state what his share in the vessel is.
In case of infringement of this section, the principal, interest and
costs shall be borne by the master himself, and the ship's manager may
also discharge him.
618. A master shall be liable to the ship's manager under civil law,
and the latter to third parties who have contracted with him :
(1) for all damage suffered by the vessel or her cargo owing to want
of skill or carelessness on his part. Where his actions are blameworthy, he shall be liable under the penal code;
(2) for abstractions and robberies committed by the crew, without
prejudice to his right to claim a refund from the guilty parties;
(3) for losses, fines, and confiscation suffered through infringement
of the laws and regulations of the customs, police, health, and
navigation ;
(4) for damage and prejudice caused by disputes arising on the
vessel, or by offences committed by the crew, in the defence
thereof, unless it can be shown that he made timely use of the
whole extent of his authority to prevent or,avoid them;
(5) for that which occurs through the abuse of his powers, or failure
to discharge his obligations according to sections 610 and 612;
(6) for that which occurs through his taking an improper route or
deviating from the route when, in the opinion of the officers of
the vessel assembled in the presence of the consignors or supercargoes who are on board, he is not justified in so doing. No
defence whatever shall release him from this liability;
(7) for that which occurs through his wilfully putting into a port
other than his proper port of destination, except in the cases,
and with the formalities, specified in section 612;
(8) for that which occurs through non-observance of the regulations
for preventing collisions.
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619. The master shall be responsible for the cargo from the time
of its delivery to him on the wharf, or afloat alongside in the port of
loading, until he delivers it ashore or on the wharf in the port of discharge,
unless there is an express agreement to the contrary.
620. The master shall not be responsible for damage caused to the
vessel or cargo by force majeure, but he shall always be liable, notwithstanding any provision to the contrary, for that which is occasioned
by his own fault.
Nor shall the master incur personal liability for obligations which
he has contracted for repairing, fitting out and victualling the vessel,
but this shall devolve on the ship's manager, unless the master has
given an explicit personal pledge, or signed a bill or promissory note in
his own name.
621. A master who borrows money on the hull, machinery, tackle,
or stores of the vessel, or pledges or sells merchandise or provisions,
except in the cases, and with the formalities specified by this Code,
shall be liable for the principal, interest and costs, and shall pay compensation for the prejudicial effects of his action.
A master who commits fraud in his accounts shall refund the amount
defrauded, and shall be subject to the provisions of the penal code.
622. If it comes to the knowledge of the master while he is on a
voyage that pirates or warships hostile to his flag have appeared, he
shall be bound to put into the nearest neutral port, report to his manager
or consignors, and wait for an opportunity to sail in convoy, or for the
danger to pass, or for the receipt of specific orders from the manager
or the consignors.
623-. If he finds himself attacked by a pirate and, after he has
endeavoured to avoid a conflict, and has resisted yielding up the ship's
equipment or cargo, these are taken by violence, or if he finds himself
compelled to surrender them, he shall make an entry to that effect in
his log, and shall substantiate his statements before the competent
authorities at the first port of arrival.
If force majeure is proved, he shall be free from liability.
624. A master who has run through a storm, or considers that the
cargo has suffered damage or average, shall, at the first port of arrival
and within 24 hours, make a protest before the competent authorities,
and he shall confirm it within 24 hours of his arrival at his port of destination, proceeding forthwith to prove the facts, and he shall preclude
anyone from opening the hatches until he has so done.
The master must proceed in the same way, if, having wrecked his
ship, he is saved alone or with part of the crew, in which case he shall
present himself to the nearest authorities and make a sworn statement
of the facts.
The authorities or the consul abroad shall sift the evidence, receiving
the sworn declarations of the members of the crew and passengers who
have been saved; and shall, after taking any other measures calculated
to elucidate the facts of the case, make a certified entry of the result of
the investigation in the log and in the navigating officer's book, and they
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shall deliver the original record of the proceedings to the master, stamped
and paginated, and with a note of the folios to be signed by him for presentation to the judge or tribunal at his port of destination.
The master's declaration shall be accepted as proof if it tallies with
those of the crew and passengers; if there is any discrepancy, the statements of the latter shall prevail, unless there is evidence to the contrary.
625. As soon as he arrives at his port of destination and has obtained
the requisite permit from the Health and Customs authorities, and has
complied with other formalities, the master shall be bound under his
personal responsibility to deliver the cargo, complete, to the consignees,
and the vessel, tackle and freights, if required, to the ship's manager.
If, owing to the absence of the consignee or owing to the lawful
holder of the bills of lading not presenting himself, the master is in doubt
as to the person to whom he should lawfully deliver the cargo, he shall
place it at the disposal of the judge or tribunal or competent authorities,
in order that they may make suitable arrangements for its deposit,
preservation and custody.
Division 3. — Officers and Crew of the Vessel
626. Navigating officers (first officers) shall be required:
(1) to fulfil the conditions laid down by the Mercantile and Shipping
Laws and Regulations 1 ;
(2) to be free from disqualification from performing these duties
under the said Laws and Regulations.
627. As second in command of the vessel, and so long as the ship's
manager does not otherwise decide, the navigating officer shall take
over the duties of the master in the event of the sickness or death of the
latter, and he shall then assume all his powers, obligations and responsibilities.
628. The navigating officer must provide himself with the charts
of the seas, which he is about to sail, and the tables and reflecting instruments which are customary and necessary to the discharge of his duty;
and he shall be responsible for accidents arising out of any omissions
in this respect of which he may be guilty.
629. The navigating officer shall, on his own account, keep a separate
book with numbered and stamped pages, called the binnacle book,
with a note at the beginning signed by the competent authorities,
stating the number of pages which it contains; in this he shall record,
day by day, the distances and courses sailed, the compass correction,
the lee way, direction and force of the wind, the state of the atmosphere
and sea, the spread of sail, the observations of latitude and longitude,
the number of furnaces alight, the steam pressure, the number of revolutions, and under the heading of "miscellaneous", the manoeuvres
executed, other vessels sighted, and all particular and chance events
which occur at sea.
1
See these conditions in note 1, p. 280.
19
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630. The navigating officer shall consult the master in regard to
altering the course and taking that which is best calculated to ensure
navigation under good conditions. If the master disagrees, the navigating
officer shall lay all desirable observations before him in the presence of
the other officers. If the master still holds to his negative decision, the
navigating officer shall record in the log a protest in suitable form, which
shall be signed by himself and another officer, and he shall obey the
master, who shall alone be responsible for the consequences of his order.
631. The navigating officer shall be liable for all damage caused to
the vessel and cargo through his carelessness or want of skill, without
prejudice to any criminal liability involved, if his conduct has been
blameworthy.
632. The following shall be the duties of the second officer 1 :
(1) to ensure that the hull and tackle of the vessel are kept in good
condition and to take charge of the fittings and stores which come
within his sphere of duty, making proposals to the master for
any necessary repairs and for the replacing of accessories and
stores which become useless and are discarded;
(2) to keep the cargo in good order and the vessel ready for manoeuvring;
(3) to maintain order, discipline and efficiency among the crew,
referring to the master for orders and instructions and bringing
forthwith to his notice any occurrence which may call for the
exercise of his authority;
(4) to allot to each seaman the work which he has to do on board,
in accordance with instructions received, and to ensure that it
is promptly and efficiently carried out;
(5) to take charge and make an inventory of the tackle and all the
stores of the vessel if she is to be laid up, unless the ship's
manager otherwise directs.
The following rules should apply to ship's engineers:
(1) to embark as a ship's engineer, and form part of the complement
of a merchant vessel, the person concerned shall be required to
fulfil the conditions laid down in the Laws and Regulations 2
1
No merchant vessel is obliged to carry a second officer, but it is open to
ships' managers or masters to carry them or not as they think fit (section 23 of
the Regulations on Mercantile Navigation).
2
The Regulations on Merchant Navigation define these conditions as follows :
Section 26. No Spanish vessel shall be permitted to leave a Spanish port
or sail within it if she does not number among her crew the engineers required
by the following section.
27. Steamers which make passages of more than 150 miles shall embark
at least one first-class and one second-class engineer if the engines develop
100 h.p. or more, and two second-class engineers if the h.p. is less. Steamers
making passages of less than 150 miles shall embark at least one first-class
engineer if the nominal rating of the engines is 100 h.p. or upwards, and one
second-class engineer if it is less. Steamers with a nominal h.p. below 10 may
sail without an engineer, replacing him by an experienced stoker possessing;
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and not to be disqualified thereunder for the purpose of his duty.
Engineers shall rank as officers of the ship, b u t they shall not
exercise command nor interfere except in matters relating to the
engines and driving gear;
(2) when two or more engineers are engaged on a vessel, one of them
shall act as chief engineer and the others and all the engine-room
ßtaff shall be under his orders; he shall also have in his charge
the engines and gear, the spare parts, instruments and tools
pertaining thereto, the fuel and lubricants, and in fact everything
on board for which an engineer is properly responsible ;
(3) he shall maintain the engines and boilers, in a proper state of
repair and cleanliness and take steps to ensure t h a t they are
always in full working order, being responsible for accidents
or damage occurring to the engines and gear, the vessel and the
cargo through his carelessness and want of skill, without prejudice to any criminal liability which he m a y incur if it is proved
t h a t his conduct has been blameworthy;
a certificate from an engineer to the effect that he is qualified for the appointment for which he applies.
28. One h.p. (nominal) shall be considered as equivalent to 300 kilogrammeters.
29. To be qualified to embark as a marine engineer, it is necessary to hold
a certificate delivered by the senior naval officer of the department or station.
Persons qualified in the particular circumstances in cases specified in these
Regulations may, however, be embarked as engineers.
• 30. To obtain a second-class engineer's certificate, candidates are required :
(1) to be Spanish nationals and to have completed 21 years of age; (2) to bring
evidence of good conduct; (3) to have sailed in a steamer as one of the engineroom staff and to have worked as a fitter, smith, or boilermaker in a steamengine construction shop, provided that the time spent at sea and in the workshops totals four years, and that of these four years one at least was spent at
sea and one in the workshops; (4) to show proficiency in an examination held
on the basis of the annexed syllabus.
31. To obtain a first-class engineer's certificate candidates are required:
(1) to have sailed for one year on a second-class engineer's certificate to the
satisfaction of the owners and masters of the vessels; (2) to show proficiency in
an examination held on the basis of the annexed syllabus.
32. Candidates for marine engineers' certificates shall submit their applications to the senior naval officers of the departments or stations, accompanied
by the documents necessary to show that they fulfil requirements under (1) and
(3) of section 30, or under (1) of section 31, according as they are seeking to
qualify as second- or first-class engineers, it being understood that the particular
documents which prove service at sea and efficiency in that service must be
countersigned by the senior naval officer of the province concerned or by a
Spanish consular officer, who shall first take cognisance of the entries in the
respective muster-rolls ; and certificates in respect of service in the workshops
shall be issued by managers of the engine construction shops.
33. The examinations shall take place in the particular towns of the
departments or in the stations on the first and following days of the months of
January, April, July and October, before a board appointed by the captain
or senior naval officer. Unsuccessful candidates may not be re-examined
until after the expiration of one year.
34. Engineers, who, at the date of publication of these Regulations, hold
positions which the said Regulations require to be filled by first- or second-class
engineers, have done six years' service at sea, and have held their last appointment for one year, shall receive a certificate of competence from the higher
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(4) he shall not make any changes in the machinery nor proceed to
repair damage which he has noted therein, nor alter the normal
course of its working, without t h e previous authorisation of the
master, before whom, if he objects to such action being t a k e n ,
he shall lay his views in the presence of the other engineers or
officers; and if, in spite of this, the master maintains his refusal,
the chief engineer shall draw up such protest as the case m a y
require and record it in writing in the machinery book, and shall
obey the master, who shall alone be responsible for the consequences of his order;
(5) he shall report to the master any damage which occurs to the
engines and gear, and shall advise him when it is necessary to
stop the engines for a time, or when any accident, of which the
master should have immediate notice, occurs in his d e p a r t m e n t ;
and he shall also frequently inform him of the consumption of
fuel and lubricants;
authorities of the departments and stations, provided that they also fulfil
the requirements of (1) and (2) under section 30.
35. Persons holding a first-class engineer's certificate in the Navy and
also second-class engineers with two years' naval service in that capacity shall
be considered as qualified to discharge the duties of first-class engineers.
The duties of second-class engineers may be discharged by persons holding the
rank of second-class engineers in the Navy and also by third-class engineers
who have served for two years in the Navy in that capacity.
36. Engineers holding a certificate of competence as first- and second-class
engineers shall be considered as having fulfilled condition (1) of section 31,
and may be admitted to the examination for first-class engineers.
37. Engineers who, at the date of publication of these Regulations, hold
positions for which a diploma is required and who do not fulfil the conditions
entitling them to be qualified by the senior naval officers of the departments
and stations may, on application by the owners, be granted a certificate by the
naval officer concerned, but only for the purpose of continuing their duties in
the vessel in which they are.
38. The higher authorities of the departments and stations may similarly
qualify foreigners as engineers in the following cases: (1) if they come from a
country in which the profession of engineer is regulated, on producing authenticated documents showing that they possess a first- or second-class engineer's
certificate in their own country; (2) if they come from a country in whichthe
profession of engineer is not regulated, and they comply with the conditions
of sections 30 and 31, excepting that of nationality ; (3) if, at the date of publication of these Regulations, they are on Spanish steamers as engineers, whatever
be the country from which they come, provided they fulfil all the conditions
excepting that of nationality required by sections 9 and 12 for qualifying
Spanish nationals.
39. Senior naval officers and Spanish consuls abroad may, in exceptional
cases, provisionally qualify as chief engineers second engineers proposed by
the managers or masters, and experienced stokers as second engineers, when
proposed in the same manner, if there is evidence to show that there are no
engineers available in the place and that the sailing of the vessel is being
delayed on that account; but in both cases the managers or consignors shall
be warned that such authorisation terminates with the arrival of the vesspl at
the principal town of a department or maritime province, or at a s t a t i o n where qualified personnel must be shipped if available or further authorisation
obtained.
40. The naval authorities shall observe and enforce the provisions of the
present Regulations.
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(6) he shall keep a book or register called "the Engineers' Diary"
(Cuaderno de maquinas) in which he shall note all matters
relating to the working of the engines, such for instance as the
number of furnaces alight, the steam pressure in the boilers
and cylinders, the vacuum in the condenser, the temperature,
the degree of saturation of water in the boilers, the consumption
of fuel and lubricant and, under the heading of special remarks,
damage to and defects in the machinery and boilers, the causes
which produced them and the means employed to repair them ;
the force and direction of the wind, the spread of sail and the
speed of the vessel shall also be indicated, the necessary data
being taken from the binnacle book.
633. The second officer shall take command of the vessel if the
master and first (navigating) officer are incapacitated or otherwise
unable to do so, and shall then assume their powers and responsibilities.
634. The master may make up the crew with the number of hands
he considers desirable; and in default of Spanish seamen, he may engage
foreigners who are domiciled in the country, but their number may not
exceed one-fifth of the crew 1. When the master cannot find a sufficient
number of Spanish seamen in foreign ports, he may complete the complement with foreigners, with the consent of the consul or of the
naval authorities.
The contracts, referred to in section 612. between the master and the
members of the crew, and others who compose the ship's company,
shall be entered in the Account Book (the assistance of a notary not
being required), signed by the parties and countersigned by the naval
authorities if they are drawn up within the Spanish dominions, or by
the consul or consular agents of Spain, if drawn up abroad. They shall
set forth in full the obligations assumed by each party and rights which
each acquires; and the said authorties shall ensure that these obligations
and rights are clearly and fully defined in order that there may be no
room for doubt or complaint.
The master shall be careful to read to the parties the sections of this
Code which concern them, and to record the fact that he has done so
on the document in question 2.
Provided the Account Book conforms to the requirements of section
612 and there are no discernible traces of alterations in its entries, it
shall constitute valid evidence in the disputes arising between the
master and the crew with respect to the agreements entered therein
and the amounts paid on account.
1
These persons may or may not be previously inscribed on the register of
the naval authorities, although they should be so inscribed from the moment
they go to sea (section 6 of the Regulations on Merchant Navigation). Exceptionally non-registered persons may be allowed to embark as stewards, waiters,
cooks,
stokers or fitters (section 24 of the Regulations on Merchant Navigation).
2
The naval authorities of the ports must satisfy themselves before the merchant vessels sail that the company have their contracts drawn up in due form
and that they are acquainted with, and agree to, their conditions (section 25
of the Regulations on Merchant Navigation).
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Each member of the crew may require the master to supply, over his
signature, a copy of the agreement and a statement of the balance of
the applicant's account as shown in the account book.
635. The seaman who has engaged to serve on a vessel may not
cancel his agreement or fail to carry out his duties without just cause.
He may not pass from the service of one vessel to that of another
without obtaining the written permission of the master of the vessel on
which he is serving.
If, without having obtained this authorisation, a seaman who has
contracted to serve on one vessel contracts to serve on another, the second
engagement shall be void and the master may either compel him to
perform the service for which he originally bound himself, or require
him to defray the expense of providing a substitute.
He shall also lose the pay which was due to him in his first employment, such pay being credited to the vessel on which he was serving.
A master who, knowing that a seaman is in the service of another
vessel, enters into an agreement with him without requiring from him
the said permission, shall be liable to the master of the vessel on which
the seaman was serving in the first place, for such part of the compensation which the seaman is unable to pay in accordance with paragraph
3 of this section.
636. If the period of service for which the seaman has contracted
has not been specified, he cannot be discharged before the termination of
the round voyage and he shall be returned to the port of engagement.
637. A master may not discharge, without just cause, a seaman
during the currency of his agreement: The expression "just cause"
means:
(1) perpetration of a crime which disturbs order in the vessel;
(2) repeated insubordination, breach of discipline or failure to carry
out his duty;
(3) continued unfitness or neglect in the performance of his duties;
(4) habitual drunkenness;
(5) anything which incapacitates the seaman from doing the work
with which he is entrusted, without prejudice to the provisions
of section 644;
(6) desertion.
Nevertheless, before commencing the voyage the master may, without
giving any reason, refuse to allow a seaman, whom he has engaged, to
embark and may leave him ashore, in which case he must pay him his
wages as if he had served.
If the master has acted from reasons of prudence and in the interests
of the safety and good service of the vessel, this compensation shali be
paid from the ship's funds, otherwise it shall be borne by the master.
Once the ship is under way, during the course of the voyage and up to
its completion, the master shall not abandon any member of his crew
on sea or land unless he is charged with some crime, in which case the
master shall be bound to place him under arrest and hand him over to
the competent authorities at the first port of arrival.
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638. If, after the crew have been engaged, the voyage is abandoned
at the desire of the ship's manager or of the freighters either before or
after the vessel has put to sea, or if, for the same reason the vessel is
given a destination other than that specified in the agreement with the
crew, the latter shall receive compensation for the cancellation of the
agreement, in one of the following ways, whichever is applicable:
(1) if the voyage is abandoned before the vessel leaves the port,
there shall be given to all the engaged seamen one month of their
respective pay over and above the amounts due to them, under
the terms of their contracts, for the service performed on board
up to the date of the abandonment of the voyage;
(2) if the agreement has been for a lump sum for the whole voyage,
the above-mentioned month's pay and the daily rate shall be
calculated, proportionately to the approximate number of days
which would have been required for the voyage in the opinion
of experts appointed in the manner prescribed by the Law on
Civil Procedure ; and if the projected voyage was of such short
duration that it may be estimated as requiring approximately
one month, compensation shall be fixed at 15 days, less advances
in all cases;
(3) if the voyage is abandoned after the vessel has put to sea, the men
who have contracted for a lump sum for the voyage shall receive
the full amount of the agreed pay, as if the voyage had been completed; and those who have been engaged by the month shall
receive pay in proportion to the time spent on board plus pay for
the time needed to reach the port of final destination; and the
master must also provide each of them with passage money to
the said port or to the vessel's port of departure,- whichever is
preferred ;
(4) if the ship's manager or the charterers of the vessel give it a
destination other than that stated in the agreement, and the
members of the crew do not agree thereto, one-half of the amount
prescribed in case 1 above shall be paid to them as compensation
plus a traction of their monthly pay proportionate to the number
of days which has elapsed since the date of their engagement.
If they accept the alteration, and the voyage, owing to its greater
distance or other circumstances, entails an increase of pay, the
matter shall be arranged privately or, in ca^e of disagreement,
by arbitration. Even though the voyage is limited to some
nearer place, no reduction in the agreed pay can be made on
that ground.
If the voyage is abandoned or its destination altered at the desire
of the consignors or charterers, the ship's manager shall be entitled
to sue them for compensation.
639. If the voyage is abandoned through circumstances over which
the ship's manager and consignors have no control and the vessel has not
left the port, the members of the crew shall have no other right than
that of recovering the pay earned up to the date on which the voyage
was cancelled.
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640. The voyage may justifiably be cancelled in the following circumstances :
(1) if war is declared or trade is prohibited with the power for whose
territory the vessel was bound;
(2) if the port of destination is under blockade or if an outbreak
of plague occurs there after the date of the agreement ;
(3) if the discharge of the goods forming the cargo is prohibited in
the said port;
(4) if the vessel is detained or placed under an embargo, either by
order of the Government, or owing to circumstances over which
the ship's manager has no control;
(5) if the vessel becomes unseaworthy.
641. If the circumstances mentioned in any one of the first three
subsections of the preceding section should arise after the commencement of the voyage, the seamen shall be paid, according to length of
service, at the port into which the master deems it advisable to put in
the interests of his ship and cargo; but if the vessel has to continue
her voyage, both master and crew may mutually require the execution
of the agreement.
Should the circumstances in subsection 4 arise, the crew shall continue
to be paid at half-rates if engaged by the month; but if the period of
detention exceeds three months, the agreement shall be determined,
the crew being paid the amount which would have been due, under
the terms of the said agreement, if the voyage had been completed.
And if the agreement provided for the payment of a lump sum for the
voyage, it must be carried out in accordance with the terms agreed upon.
In the circumstances under subsection 5 above, the crew shall have
no rights except that of recovering the pay earned; but if the unseaworthiness of the vessel is due to carelessness or want of skill on the
part of the master, the engineer or navigating officer, they shall compensate the crew for the damage suffered, without prejudice to any
criminal penalties incurred.
642. If the crew are sailing on a profit-sharing basis, the abandoning,
postponement or extension of the voyage shall not entitle them to more
than their proportionate share of the compensation paid to the general
funds of the vessel by the responsible parties.
643. If the vessel and her cargo are totally lost by capture or shipwreck, all rights in respect both of claims for pay by the crew and claims
for the refund of advances by the ship's manager shall be extinguished.
If any part of the vessel or her cargo or of both is salved, the crew
including, the master, shall have a claim on the salvage for such amount
as it will cover, salvage including the remains of the vessel and the
amount of freight on the salved cargo; but seamen who sail on the
basis of a share in the freight shall have no claim to the salved hull
but only to their share of the freight on the salved cargo. If they have
laboured to recover the remains of the wrecked vessel, they shall be
paid out of the amount yielded by the salvage an indemnity in proportion to the efforts made and the risks faced in the work of salvage.
644. The seaman who falls sick shall not lose his right to pay during
the voyage, unless such sickness is caused by his own misconduct.
COMMERCIAL CODE
297
The cost of attendance and treatment shall in all cases be met from
the general fund, subject to repayment.
If the sickness is the result of injuries sustained in the service or
defence of the vessel the seaman shall receive treatment and attendance
which shall be charged to the general fund, the cost of such treatment
and attendance constituting a first charge on the proceeds of the freight.
645. If a seaman dies at sea, the unpaid balance of his earnings
calculated in accordance with the terms of his agreement up to the date
of his decease, shall be paid over to his heirs ; that is to say, if he has died
a natural death and was engaged on a wage basis, they shall be paid the
amount earned up to the date of his death; if the agreement provided
for the payment of a lump sum for the voyage, they shall be entitled to
one-half of the agreed sum if the seaman died on the outward voyage,
and to the whole if the death occurred on the return voyage; and if
the agreement was made on a profit-sharing basis, and the death occurred
after the commencement of the voyage, the deceased seaman's full
share shall be paid to the heirs; but if death occurred before the vessel
left the port, the heirs shall have no claim; if the death occurred in the
defence of the vessel the case shall be dealt with as though the seaman
had not died, and on the conclusion of the voyage his heirs shall receive
the whole of the pay or the whole share in the profits accruing to him
as to the other members of his grade. Similarly a seaman taken prisoner
in defence of the vessel shall be treated as though he had been present,
being entitled to the same benefits as the others ; but if he fell a prisoner
through carelessness or owing to circumstances unconnected with his
duties, he shall only receive the pay earned to the date of his capture.
646. The vessel with her machinery, tackle, stores and freight shall
be security for the pay earned by the crew, whether engaged on a wage
basis or by the voyage, and the settlement of accounts and payments
must be made in the interval between one voyage and the next.
If a fresh voyage has been begun, any outstanding claims of this
kind relating to the previous voyage shall cease to have priority.
647. The officers and the crew of the vessel shall, if they so desire,
be released from all obligations in the following cases:
(1) if before commencing the voyage the master, attempts to change
it, or if naval hostilities break out with the country for which
the vessel was bound;
(2) if any epidemic breaks out and is officially declared in the port
of destination;
(3) if the vessel changes owners or masters.
648. The crew (dotación) of the vessel means the collective body of
persons, from master to cabin boy, who are engaged for the navigation,
working and the general service of the vessel; accordingly the crew
includes deck hands (tripulación) navigating officers, engineers, firemen,
and other unspecified ratings on board, to the exclusion of passengers
and other persons transported by the vessel *.
1
See section 9 of Marine Penal Act, 1923.
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Royal Decree to Approve the Regulations respecting
the Engagement of Crews for Merchant Vessels1
[Dated 26 March 1925]
Sole section. The appended Regulations respecting the engagement
of crews for merchant vessels, drawn up in conformity with section 2
of the Royal Decree of 29 April 1924 2, are hereby approved.
REGULATIONS RESPECTING THE ENGAGEMENT OF CREWS FOR MERCHANT
VESSELS
1. The persons engaged for service on board a vessel shall constitute
the ship's company (dotación), which shall consist of officers and ordinary
members of the crew. For the purposes of these Regulations the following persons shall be deemed to be officers, viz. mates, ship's engineers,
doctors, chaplains, supercargoes, pursers, wireless operators, boatswains
and persons who have technical duties on board for the performance
of which it is necessary to have a certificate of competency; the following persons shall be deemed to be members of the crew, viz. seamen,
stokers, artisans, doctor's assistants (practicantes), sick-room attendants, stewards, and persons who perform manual duties of any kind
on the vessel. Persons who are granted transportation in consideration
of an engagement to render services shall be deemed to be passengers.
2. Every merchant vessel shall have a crew engaged in conformity
with the provisions of these Regulations, and for this purpose flipping
undertakings and shipowners or their legal representatives (the captain
or master of the vessel being deemed to be included among these without
special authorisation) shall enter into articles of agreement with the
persons who are to form the crew respecting the conditions of employment
on board.
The form of agreement laid down by these Regulations shall not be
compulsory for officers, in whose case either this form or any other
authorised by law may be used.
3. The articles of agreement may be entered into for a whole voyage
or for a fixed period.
An agreement for a whole voyage shall be deemed to be concluded
for the whole of the period from the embarkation of the person con1
Extract from the Legislative Series of the International Labour Office.
See2 L. S. 1925 — Sp. 1.
Decree to authorise the Government to ratify and register at the Secretariat
of the League of Nations certain specified Draft Conventions adopted by the
General Conference of the International Labour Organisation at the Sessions
held at Genoa (1920) and Geneva (1921). (Gaceta de Madrid, 1924, No. 134,
p. 786.)
ROYAL DECREE OF 26 MARCH 1925
299
cerned to the completion of the discharging of the vessel on its return
to its home port. Nevertheless, a port other than the home port may
be expressly specified in the agreement as the port where the agreement shall expire.
The home port (domicilio) of the vessel shall mean the port entered
as such in the ship's articles (el roi) as specified by the shipowner; or,
in default thereof, the port where the shipowner has his head office,
or in case of doubt the port of registry of the vessel.
If the discharging of the vessel in the port where the agreement
expires lasts for more than a fortnight, the agreement shall be deemed
to expire at the end of a fortnight reckoned from the day on which
the vessel anchored in the port.
An agreement concluded for a fixed period shall continue for the
period specified therein, provided that this shall not exceed two years
for members of the crew and five years for officers.
Nevertheless, the agreement shall be deemed to be tacitly renewed
for successive periods equal to that specified therein if neither of the
parties notifies the other, not less than a week before the expiry of the
specified period, of his intention to cancel the agreement.
The port in which the person engaged is to be paid off shall be specified
if the agreement is concluded for a fixed period; in default of such
specification it shall be understood that he is to be paid off at the home
port of the vessel.
4. If the vessel sails on a voyage which is to exceed by one month
or more the period for which the agreement was concluded, the person
engaged may give notice not less than four days before the sailing of
the vessel to cancel the agreement and on the expiry of these four days
the agreement shall be rescinded.
If the agreement expires when the vessel is at sea, it shall be deemed
to be extended until the arrival of the vessel in the port where the
person engaged is to be paid off; nevertheless, if the vessel calls at
a Spanish port before that date and presumably will not reach the
aforesaid port (port of discharge) until more than a fortnight later,
either of the parties may cancel the agreement, and the person engaged
shall be paid off on account of the shipowner.
5. A shipowner having two or more vessels may engage persons
for fixed periods for work on one or more specified vessels or on all
of such vessels; in the first case the name of the vessel or vessels to
which the agreement refers shall be specified therein; in the second
case it shall not be necessary to mention the vessels by name.
An agreement for a fixed period may be concluded for particular
shipping lines instead of referring to particular vessels.
6. The articles of agreement of members of the crew shall be drawn
up in duplicate on unstamped paper and shall be signed by both parties
{or by a witness for either of the parties who cannot write or is unable
to sign); one copy shall be given to the person engaged and the other
shall be retained by the captain or master of the vessel, who shall
number and file it in order of the date of its confirmation.
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It shall be an indispensable condition of the validity of the agreement
that both copies shall be confirmed by the signature and seal of the
port authority (Capitanía del puerto) concerned, or the competent
consulate if the agreement is concluded abroad ; the officials of the port
authority or consulate shall first examine the agreement in order to
satisfy themselves that in the conclusion thereof the relevant statutory
provisions in force and the provisions of these Regulations have beea
complied with and observed.
This confirmation shall be a guarantee of the authenticity of the
agreement and of its containing no provisions contrary to law.
7. The agreements referred to in the preceding section shall be drawn
up in conformity with the model given on the last page of the Ship's
Articles Regulations approved by the Royal Order of 23 November
1922 (Diario Oficial, No. 280). Nevertheless, every shipowner or firm
of shipowners may draw up a model agreement, two copies of which
shall be submitted to .the port authority of their home port for approval.
When this approval has been granted, one copy confirmed by the
port authority shall be returned to the shipowners, who may cause to
be printed the number of copies thereof which they require; the other
copy shall be filed by the above-mentioned port authority. In order
that the printed copies may be accepted and recognised as valid by
other port authorities, the approval of the model by the marine authority
(Autoridad de Marina) shall be indicated thereon, and they shall be
confirmed by the seal of the port authority by which they were approved.
The persons concerned shall have the right to appeal to the General
Shipping Directorate against the decisions issued by the local directors
of shipping and the harbour-masters respecting the approval of agreements and matters incidental thereto.
When printed articles of agreements approved and sealed by the
marine authority are used, the captain of the vessel shall not be bound
to submit each agreement on the occasion of its conclusion to the port
authority or consulate, provided that he shall substitute the signature
of a witness for the above formality.
8. The articles shall contain the following particulars and clauses:
(1) place and date of the conclusion of the agreement;
(2) name in full, domicile, age (and in the case of persons under
eighten years of age the date of birth) and occupation of each
person engaged, number and date of the certificate of registration
of each person engaged, and name of the marine office where
he is registered;
(3) name and register number of the vessel or vessels if they are not
all the property of the shipowner;
(4) kind of navigation in which the vessel is engaged ;
(5) duration of the agreement ;
(6) services to be performed on board by the seaman ;
(7) ordinary and special duties relating to the service of the vessel
during loading and discharging;
(8) wage or salary; intervals at which it is to be paid and rate»
for conversion of currency when payment is to be made abroad ;
ROYAL DECREE OF 26 MARCH 1925
301
(9) provisions to be supplied;
(10) port where the person engaged is to be paid off;
(11) duties and pay in the event of the Government's taking over
the vessels in time of war;
(12) other stipulations which the contracting parties may desire to
make, provided that they are not contrary to law; and
(13) a summary of the Convention fixing the minimum age for the
admission of young persons to employment as trimmers and
stokers.
9. The port authority or consulate shall not issue any ship's articles
xinless all the members of the crew have been engaged in conformity
with the provisions of these Regulations.
10. Children under fourteen years of age shall not be engaged, and
young persons from fourteen to twenty-three years of age shall require
permits from their parents or guardians for engagement on vessels
engaged in coasting trade beyond the three-mile limit, coasting trade
on a large scale (gran cabotaje) or ocean voyages. These permits shall
be issued on unstamped paper, shall be attested by the signature of
the harbour-master, and shall be valid once for all. Whenever a member
of the crew under eighteen years of age is engaged, the date of his birth
shall be entered in his agreement.
11. If the captain or master of a vessel sails with any person who is
to render service on board but whom he has not duly signed on, and
fails to remedy the omission at the first port of call of the vessel, he
shall be liable to a fine of 5 pesetas in the case of vessels with a gross
tonnage not exceeding 30 tons, 25 pesetas in the case of vessels with a
gross tonnage exceeding 30 but not exceeding 200 tons, and 100 pesetas
in the case of vessels with a gross tonnage exceeding 200 tons.
A member of the ship's company who has embarked without signing
on on the conclusion of an agreement, or who has signed on but has no
agreement, shall be entitled to the same terms as other members engaged
under an agreement for the same purpose, or, in default of such members,
to the same terms as his predecessor on the vessel, or, in default thereof,
to the terms customarily stipulated in the port of embarkation for
persons performing similar duties.
In the case of fishing vessels which remain outside the port for less
than twenty-four hours at a time and sail between sunset and sunrise,
the master may replace signed-on members of the crew who are not
present at the time of sailing by other registered seamen; he shall
make a note in writing of the substitution, which shall be transmitted
in the course of the day to the local director of shipping or his representative.
12. A person enrolled in the maritime register (inscripción marítima)
shall not be engaged as a member of the crew of a merchant vessel
unless he produces the work book (libreta) establishing his identity
and enrolment in the register, kept in conformity with the approved
official model.
The captain or master of a vessel shall not take on board a member
of the crew whose discharge from the vessel on which he last served
302
SPAIN
is not entered in his work book (the entry being equivalent to a certificate that the engagement had terminated) with the signature of
the captain or master of the vessel, the harbour-master of the port of
discharge or the consul; a captain or master who takes on board a
member of the crew without requiring the fulfilment of this provision
shall be liable to a fine of 125 pesetas.
Nevertheless, the captain or master shall be exempt from all responsibility if he is compelled by force majeure to complete the crew by
persons who at the time of embarkation do not possess work books;
provided that such persons shall procure work books as soon as possible
or shall be replaced at the first port at which the vessel calls by persona
possessing work books.
13. Young persons under the age of eighteen years shall not be
employed on any vessel other than a vessel on which only members
of the same family are employed, unless they produce when signing on
and annually thereafter a medical certificate issued by the health
officer of a port attesting their fitness for the work on which they are
to be employed.
In urgent cases such young persons may be signed on without undergoing the necessary medical examination, provided that they shall be
examined at the first port at which the vessel calls.
14. Young persons under eighteen years of age shall not be employed
on vessels as trimmers and stokers, except in the following cases:
(a) on training ships, provided that the work is approved and
supervised by public authorities;
(b) on vessels mainly propelled by other means than steam ;
(c) when it is impossible to find workers of the above-mentioned
classes over eighteen years of age in the port where the vessel
is lying; in this case young persons under eighteen but over
sixteen years of age may be employed on such work, provided
that two young persons shall be employed in place of each
worker required.
15. Every member of the crew when signing on shall hand over
his work book to the captain or master of the vessel, who shall retain it
until the person concerned is duly discharged, when the work book
shall be returned to him with the entries specified in the book itself
duly made and signed by the captain or master and attested by the
port authority or consulate.
If a member of the crew deserts from the vessel, the captain or master
shall deposit his work book and the moneys due to him with the port
authority of the port at which he embarked; the said authority shall
retain them to discharge liabilities of all kinds incurred by such member
of the crew. If the vessel does not arrive at the said port within a short
time, the work book and moneys shall be deposited with the port
authority or consulate in any port at which the vessel calls, to be transmitted to the port of embarkation of the member of the crew, to whom
the cost of transmission shall be charged.
16. The wages or salaries of members of the ship's company shall
be paid at the intervals agreed upon, on the basis of a paysheet which
ROYAL DECREE OF 26 MARCH 1925
303
shall be signed by the persons concerned. Another member of the same
crew shall sign on behalf of anyone who cannot write.
Wages shall be calculated on a monthly basis; when payment must
be made in conformity with the agreement for service which has lasted
less than a month or some days more than an integral number of months,
the wages paid for the odd days shall be equal to the corresponding
fraction of the monthly wage.
The ship's company may also conclude a contract on a profitsharing basis, and in this case the share in the profits due to each member
of the crew shall, be specified in the contract.
The wages and salaries due to the members of the ship's company
shall be a preferential charge on the vessel together with its engines,
apparel and freight. If the crew is engaged on a profit-sharing basis,
the wages and salaries shall be a charge on the freight only.
17. The captain may deduct from the pay of every member of the
ship's company a certain sum per week, not exceeding 25 per cent.
of the monthly wage or salary, until the total amount of the sums
thus deducted constitutes a deposit equal to half a month's wage or
salary ; this sum shall be held by the captain as security for the fulfilment
of the agreement.
The shipowner and the vessel shall be liable for the said deposits.
18. A member of the ship's company who absents himself from the
vessel when it is in port without the permission of the captain shall
from that time lose the right to draw his wages (which shall be used
to pay the wages of the person who replaces him in his duties on board),
without prejudice to the penal liabilities which he may have incurred.
Unjustifiable absence for more than twenty-four hours without the
permission of the captain shall be a reason for annulling the agreement ;
in this case the half-month's wages held as security shall be forfeited
to the shipowner.
19. A person who remains on shore through his own fault when the
vessel sails on a voyage shall be deemed to break his agreement, and,
without prejudice to the penal liabilities which he may incur, shall
forfeit the half-months' wages held as security; if the sum thus held
does not yet amount to half a month's wages, he shall forfeit the wages
due to him.
If any member of the ship's company is called up for military service,
the agreement shall be cancelled and the captain shall give the person
concerned a ticket to his port of discharge by steamship or by the readiest
means of transport available.
20. The conditions of employment on board in port and at sea shall
be expressly laid down in the articles of agreement, the daily hours of
work being fixed according to the kind of navigation; the conditions of
employment may be based on the customary usage in the home port of
the vessel, if such usage is established.
21. If the vessel is to sail for a port where an epidemic has been officially declared to exist, or which is declared to be blockaded, or which
belongs to a nation at war with Spain, the members of the ship's company
304
SPAIN
of the vessel shall be released from all obligations, in default of any
agreement to the contrary.
22. The captain or master shall be bound to issue a certificate of
conduct and capacity to any member of the ship's company who applies
therefor on his discharge.
In the case of persons engaged for engine-room duties, the certificate
shall be given at their request by the chief engineer and shall be countersigned by the captain or master.
The issue of the above certificates shall be compulsory for five days
after discharge; after that date the issue thereof shall be optional.
23. If the vessel or its cargo is totally lost by capture, all rights
shall lapse, i.e. both the right of the members of the ship's company
to claim wages or salaries and the right of the shipowner to the reimbursement of sums advanced. If any part of the vessel or of the
cargo or of both is saved, the members of the ship's company shall
have a claim on the salvage up to the amount thereof, in respect both
of the remains of the vessel and of freight for the cargo saved ; nevertheless, seamen engaged on the.basis of a share in the freight shall
not have any claim on the salvage of the vessel, but only on the part
of the freight saved.
24. If the vessel is lost by shipwreck, all members of the crew shall
be entitled by way of compensation to draw their wages or salary for
a period not exceeding two months if they are out of employment for
this reason. Such compensation shall have the same preference as wages
and salaries under the last paragraph of section 16 of these Regulations.
The shipowner shall not be entitled to claim reimbursement of sums
advanced.
In addition, members of the crew who after the shipwreck have
worked to save the remains of the vessel or the cargo shall be paid
a bonus proportionate to the effort displayed and the risk incurred
in such salvage work.
.25. If a voyage is cancelled by the shipowner or charterers before
or after the sailing of the vessel, or if for the same reason a destination
other than that specified in the agreement of the crew is prescribed
for the vessel, or if the voyage is cancelled for a sufficient reason independent of the wish of the shipowner and charterers, the compensation due to the members of the crew for the breach of the agreement
shall be calculated in conformity with the provisions laid down in
sections 638, 639 and 640 of the Commercial Code.
26. Members of the ship's company and
on board shall be cared for at the expense
common fund during the voyage.
If the sickness of a member of the crew is
and is not covered by the Act respecting
following rules shall be observed:
passengers who fall sick
of the shipowner or the
not due to his own fault
industrial accidents, the
(1) A member of the ship's company engaged for a fixed period
who falls sick shall be put ashore on arrival in port if the captain
ROYAL DECREE OF 26 MARCH 1925
305
considers it necessary; the shipowner shall pay the expenses
of attendance on the sick person and his wages for not more
than one month after he is put ashore, and shall also pay his
passage to the port of discharge if he is able to undertake the
voyage.
(2) If the sickness involves danger to the health of the persons on
board, the sick person shall be put ashore at the first port of
call of the vessel, unless the authorities refuse to receive him.
The member of the crew shall be entitled to the payment by
the shipowner of his passage by steamship to the port of discharge.
(3) If the sickness of the member of the crew lasts less than a month,
and on his recovery half of the period for which his agreement
was concluded remains unexpired, he shall be entitled to return
to the vessel on which he had embarked, in order to complete
the period of the agreement. If, however, the period remaining
is less than half the period of the agreement or if the sickness
lasts more than a month, the agreement shall be deemed to be
cancelled.
(4) In the case of an agreement concluded for a whole voyage, if a
member of the ship's company is put ashore on account of sickness, the agreement shall be deemed to be cancelled, and the sick
person shall be entitled only to medical attendance, payment
of wages for not more than one month and payment of his
passage to the port of discharge.
27. If a change in the ownership of the vessel takes place, the new
shipowner shall be deemed to be substituted for the former owner
in all agreements with members of the ship's company, in respect of the
payment of the wages, compensation and passage money specified
therein, provided only that he does not give notice to cancel the said
agreements.
If the captain puts ashore a member of the ship's company before
the expiration of the agreement because of a repeated offence, as provided in the Police Regulations, he shall not be liable to pay any compensation, but shall pay the said member's passage to the port of discharge.
28. Any disputes which may arise between the contracting parties
respecting the carrying out of the agreement shall be submitted to the
harbour-master, who shall act as a conciliator in consultation with
his legal adviser.
A party which is not satisfied with the decision shall have the right
to bring the appropriate civil action in the ordinary courts.
29. The provisions of these Regulations shall be without prejudice
to the relevant provisions of the Commercial Code and the other provisions regulating maritime commerce and navigation.
20
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Royal Decree approving the Draft Penal Act for
the Mercantile Marine appended thereto1
[Dated 21 June 1923]
1. The appended draft Penal Act for the mercantile marine drawn
up in virtue of the powers conferred upon the Government by section
4 of the Act of 8 May 1920, in conformity with the principles laid down
therein, is hereby approved.
2. In compliance with the provisions of section 6 of the aforesaid
Act, the Government shall inform the Parliament (Cortes) of the reform
approved by the preceding section, which shall not come into operation
until the date fixed in the above-mentioned legal measure.
MERCANTILE MARINE PENAL ACT
TITLE I
SOLE CHAPTER. — GENERAL PROVISIONS
1. Crimes (delitos) and minor offences (faltas) not specified in this
Act shall be punished by the penalties laid down in the other penal
Acts in force.
2. In default of any provision to the contrary, the general provisions
of Book I of the general Penal Code shall apply to the estimation and
gradation of the liabilities incurred in respect of the crimes specified
in this Act and to the application and enforcement of the penalties
laid down.
3. The crimes of violation, rape, indecent assault, theft and robbery
committed on board shall be punished in every case by the maximum
penalty imposed for the crime in question in the general Penal Cpder
subject to the proviso laid down under (1) of section 516 of the said
Code.
4. Where the crime may cause damage to the vessel or delay the
voyage, the penalty next in severity above that laid down in the general
Penal Code for the crime in question shall be imposed.
5. Periods of detention to which members of the ship's company
are sentenced for minor offences during the voyage shall be served,,
1
Extract from the Legislative Series of the International Labour Office.
See the complete translation of the law in L. S. 1923 — Sp. 6.
ROYAL DECREE OF 21 JUNE 1923
307
if the captain thinks fit, in a cabin or place set apart on board for this
purpose.
6. For the purposes of this Act, services shall be deemed to mean all
acts which the members of the ship's company are obliged to perform
in virtue of the provisions of the regulations concerning work on board
ship or of their respective contracts of employment.
7. Every penalty or punishment inflicted for a crime or minor
offence on persons enrolled in the maritime register (inscripción marítima)
shall be reported for purposes of record to the Department of the Central
Register of Penalties and Insubordination (Registro central de penados
y rebeldes) at the Ministry of Marine, and to the marine office (Comandancia) of the maritime province in which the person sentenced is
registered; in addition, an entry shall be made in the work-book of
the person sentenced if he is found to possess one, and if he does not
possess a work-book, without prejudice to the responsibility incurred
by the omission, another shall be issued to him at his expense in the
section (Trozo) to which he belongs, with a note of all the penalties
and punishments which have been inflicted upon him.
Entries of punishments inflicted for minor offences shall be made
by the captain of the vessel or by the marine authorities inflicting
the punishment. Penalties inflicted for crimes shall be entered by the
examining magistrate, and a note shall be made thereof in the writ
of enforcement of the sentence.
8. Where the benefits of the Act respecting conditional sentences
are accorded to any person enrolled in the maritime register, a report
shall be made thereof to the competent marine office (Comandancia
de Marina) and to the Department of the Central Register of Penalties
and Insubordination at the Ministry of Marine, where a special book
shall be kept containing a record of sentences the execution of which
is suspended.
Suspension of the execution of sentences shall be noted in the workbooks of the persons sentenced, who shall have the right to embark
in order to exercise their trade or occupation on board ship; the marine
or consular authorities of the port of embarkation, on taking cognisance
of the aforesaid entry, shall, during the period of suspension, communicate to the court which pronounced the sentence the names of the
vessels on which the persons sentenced embark.
9. For the purposes of this Act, the ship's company (tripulación)
shall be deemed to include all persons on the ship's books (el rol) who
perform professional or manual duties on board in virtue of a written
contract.
In addition to the captain or master in command of the vessel,
captains and mates in the mercantile marine, masters of coasting vessels,
ship's engineers, doctors, chaplains and wireless operators who embark
in order to perform professional duties on board ship, shall be deemed
to be officers of the vessel.
Supercargoes, apprentices to the sea service, and persons who have
contracted to perform professional duties on board in view of the special
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branch of navigation or industry in which the vessel is engaged shall
also be deemed to be officers.
Boatswains, doctors' assistants, pursers, seamen, stokers, stewards,
sick-room attendants and other persons under a contract to perform
services on board shall be deemed to constitute the crew (marinería).
10. All provisions of this Act relating to captains in the capacity
of commander of the vessel shall be deemed to apply also to persons
who command merchant vessels with the title of master (patrón),
and to those who legally take the place of the captain or master.
11. The contracts of employment of members of the ship's company
shall be signed before the marine authorities in national ports, and before
the consular authorities in foreign ports, and persons embarking for
the first time on a merchant vessel shall, before they sign the contract,
be informed by the said authorities of the provisions of this Act which
chiefly affect them.
A copy of this Act shall always be kept in such prominent places on
board merchant ships as may be designated by the captains of the
respective vessels, in order that members of the ship's company and
passengers may take cognisance thereof and may consult it.
TITLE II
Crimes, and the Penalties imposed therefor
CHAPTER I. — CRIMES AGAINST INTERNATIONAL LAW
12. Members of the ship's company who, though they could do so
without personal risk, fail to employ all means in their power to save
shipwrecked persons whom they encounter cast away at sea, or persons
whom they find on board a vessel in serious danger of being wrecked,
shall be liable to correctional imprisonment (prisión correccional) 1 .
A captain who during the voyage fails to go to the assistance of a
vessel which asks for help by wireless telegraphy or other means, though
he could do so without serious risk to the safety of the vessel under
his command, shall be liable to the same penalty.
CHAPTER II. — CRIMES AGAINST DISCIPLINE
Division 1. — Mutiny
15. Members of the ship's company or passengers who collectively
rise in rebellion on board ship against the captain or against any of
the ship's officers with a view to preventing the fulfilment of orders
which the captain or officers issue in the exercise of their functions,
or with a view to bringing coercion to bear upon them for any other
purpose or to committing acts of enmity or vengeance upon their
persons or property, shall be deemed to be guilty of mutiny.
A term of imprisonment exceeding six months but not exceeding six years.
ROYAL DECREE OF 21' JUNE 1923
309
16. If the mutiny breaks out at a time of danger to the vessel, and
is intended to prevent the vessel from setting sail or from continuing
its usual voyage, the persons guilty of the crime shall be liable if they
are members of the ship's company to the penalty of major imprisonment 1, and if they are passengers to correctional imprisonment.
In cases other than those specified in the preceding paragraph,
mutiny shall be punished by a penalty ranging from correctional imprisonment in the middle degree 2 to major imprisonment in the minimum
degree 3 if the persons guilty of the offence were members of the ship's
company, and from major detention (arresto mayor) in the maximum
degree 4 to correctional imprisonment in the middle degree if they
were passengers.
17. The penalty next higher in order of severity than that laid down
in the preceding paragraph may be imposed on the person who is the
instigator or leader of the mutiny.
If any officer of the vessel is among the mutineers, he shall be deemed
to be the leader; if there are two or more officers amongst the mutineers,
the officer of highest rank, and amongst those of the same rank the
officer with the longest service on board, shall be deemed to be the
leader.
18. Any person guilty of proposing or conspiring to commit the
crime of mutiny shall be liable to the penalty of major detention in
the minimum or middle degree 5.
19. A mutineer who returns to his duty at the first summons to do
so, and a person who has undertaken to commit the crime of mutiny
but reports the plan to his superior officers in time for its frustration,
shall be exempt from all liability.
20. Members of the ship's company who fail to co-operate with
their superior officers in suppressing the mutiny shall be liable to the
penalty of major detention in the minimum or middle degree.
21. Individual crimes committed during the mutiny or because of
the mutiny shall be punished in conformity with the provisions of the
particular penal Act concerning them.
Where it is impossible to discover the authors of such crimes, the
instigators or leaders of the mutiny shall be deemed to be the authors
thereof and shall be punished as such.
Division 2. — Offences against Superior Officers
22. Homicide committed by any member of the ship's company
during the performance of his duties or in consequence thereof, if the
1
A term of imprisonment exceeding six years but not exceeding twelve
years.
2
Imprisonment for more than 2 years 4 months but not more than 4 years
2 months.
3
Imprisonment for more than 6 years but not more than 8 years.
4
Imprisonment for more than 1 month but not more than 6 months.
5
I.e. for 1-4 months.
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victim is the captain or an officer of the vessel, shall be punished by
penal servitude for life, or death.
23. Acts of violence or serious intimidation committed by any
member of the ship's company, during the performance of his duties or in
consequence thereof, against the captain or any officer, shall be punished
by a penalty ranging from correctional imprisonment in the middle
degree to major imprisonment in the minimum degree.
A penalty in the maximum degree shall be imposed in the following
cases :
(a) if the attack was made with arms;
(è) if the delinquents laid hands on the captain or the officers;
(c) if the latter, as a result of coercion, acceded to the demands
of the delinquents.
If the crime referred to in this section is not committed during the
performance of duties or in consequence thereof, the penalty shall be
imposed in the minimum degree.
24. A member of the ship's company who insults or threatens the
captain or any officer, during the performance of his duties or in consequence thereof, shall be liable to the penalty of major detention
in the degree deemed fit by the court, according to the circumstances
of the crime.
25. Where the crimes referred to in the three preceding sections
are committed by a member of the crew against a boatswain, the
penalties shall be imposed in the minimum degree.
26. Members of the ship's company of a Spanish vessel who are
guilty of acts of aggression, acts of disobedience, disrespect, abuse,
insults and threats, against an accredited Spanish consul in a foreign
port, shall be liable to the penalties laid down in the general Penal
Code for the same crimes committed against the authorities.
27. Any person not belonging to the ship's company who is guilty
on board ship of assaulting the captain or an officer of a merchant
vessel during the performance of his duties or in consequence thereof
shall be liable to the penalty of correctional imprisonment, unless the
act constitutes a more serious crime.
28. Any person not belonging to the ship's company who uses
insulting language to the captain or any officer, in the circumstances
specified in the preceding section, shall be liable to the penalty of major
detention.
29. In case of offences against superior officers, any abuse of authority
which immediately preceded the crime shall be an extenuating circumstance, and may even be deemed sufficient to justify the imposition
of the penalty next lower in the respective scale.
Division 3. — Disobedience
30. An officer who, in port or during the voyage, is guilty of a serious
act of disobedience to the orders of the captain in connection with
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311
his duties, or who refuses to perform the duties incumbent upon him
shall be liable to the penalty of major detention and to a fine of not
less than 125 and not more than 500 pesetas.
31. Any other member of the ship's company who disobeys the
orders of the captain or of an officer of the vessel in connection with
his duties during the voyage or in port shall be liable to the penalty
of major detention.
32. A captain, officer or member of the crew who disobeys the lawful
orders of the commander of a Spanish warship or of any other marine
authority shall be liable to the penalty of major detention.
Division 4. — Abuse of Authority
33. A captain or officer who maltreats a subordinate or a passenger
shall be liable to major detention or to a fine of not less than 125 and
not more than 500 pesetas, unless the maltreatment constitutes a more
serious crime.
34. A captain or officer who uses seriously insulting language to
any member of the crew or to a passenger shall be liable to a fine of
not less than 125 and not more than 500 pesetas.
35. An officer who maltreats another officer shall be liable to the
penalty of major detention, unless his action constitutes a more serious
crime.
36. A captain or officer who obstructs complaints lodged against
his acts shall be liable to a fine of not less than 125 and not more than
300 pesetas.
Division 5. — Abandonment of Vessel
37. A captain who, during the voyage, abandons the vessel under
his command without valid reason of force majeure shall be liable to
special temporary suspension (inhabilitación especial temporal) 1 .
A captain who abandons the vessel under his command for a valid
reason of force majeure, but fails to take the necessary steps for the
safety of the passengers and crew, though it was in his power to do so,
shall be liable to the same penalty.
If under the conditions specified in the preceding paragraphs, the
captain fails to take the necessary steps to preserve the ship's papers
and books on board or public papers which have been entrusted to him,
he shall be liable to suspension from the exercise of his profession for
not less than a month and a day and not more than four years.
38. A captain who abandons the vessel under his command without valid reason when the said vessel is anchored in port shall be liable
to suspension from the exercise of his profession for not less than a
month and a day and not more than three years.
If he abandons the vessel in a foreign port, the penalty shall be imposed in the maximum degree.
1
Suspension from duties and loss of the right to hold public elective offices
for 6-12 years.
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39. For the purposes of the preceding section, abandonment shall
be deemed to mean not merely absence from the vessel with the intention of not returning to it, but also unjustifiable and prolonged
absence for a sufficiently long period to prevent the sailing of the vessel
on the day and at the time announced, or to prevent the carrying out
of the commercial operations which ought to be carried out on board.
40. Any other member of the ship's company who at sea abandons
the vessel to which he belongs without justifiable reason shall be liable
to suspension from the exercise of his profession for not less than one
year and not more than six years in the case of an officer, and to the
penalty of correctional imprisonment in the case of a member of the crew.
Division 6. — Leaving the Post of Duty
41. An officer who leaves his post while on the watch during a voyage
shall be liable to the penalty of major detention.
42. A member of the crew who leaves his post while on the watch
during a voyage shall be liable to the penalty of major detention in the
minimum or middle degree.
43. An officer who falls asleep or becomes intoxicated while on the
watch during a voyage shall be liable to the penalty of major detention.
A member of the crew who is guilty of the crime referred to in the
preceding paragraph shall be liable to the penalty of major detention
in the minimum or middle degree.
44. An officer who leaves his post while the vessel is in port shall
be liable to a fine of not less than 125 and not more than 1,000 pesetas.
A member of the crew who is guilty of the crime referred to in the
preceding paragraph shall be liable to a fine of not less than 125 and
not more than 250 pesetas.
45. Any person guilty of leaving his post in circumstances other
than those specified in the preceding sections, if damage is thereby
caused to the vessel or to any person on board to an amount exceeding
100 pesetas, shall be liable to a fine of not less than 125 and not more
than 600 pesetas.
Division 7. — Desertion
46. Members of the ship's company who in a foreign port leave the
vessel on which they have been enrolled, without permission, or fail
to present themselves on board after having signed the contract of
employment, shall be guilty of the crime of desertion.
Desertion shall be deemed to have been committed when the member
of the ship's company remains on shore at the time of the sailing of the
vessel, or, if the vessel is in port, when he has been absent therefrom
for five days reckoned in periods of twenty-four hours from the moment
of leaving the vessel without permission.
47. A deserter shall be liable to the penalty of major detention
and a fine of not less than 125 and not more than 250 pesetas.
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313
48. The following circumstances, in addition to any which are laid
down in the general Penal Code as aggravating circumstances common
to all crimes and which may be applicable, may be deemed to be
aggravating circumstances of desertion:
(a) if two or more members of the ship's company desert together,
having concluded an agreement for the purpose;
(b) if in the act of desertion use was made of arms, or any kind of
violence was committed, without prejudice to the liabilities
incurred thereby;
(c) if the deserter seized any property belonging to the vessel or
the cargo or the passengers, without prejudice to liabilities
incurred thereby;
(d) if the deserter is indebted to the vessel in any amount;
(e) if the deserter left the vessel while on the watch or while performing some other duty;
(j) if the deserter was an officer or held the rank of boatswain on
board ;
(g) if the deserter was under arrest at the time of the desertion.
49. The captain shall in no case be deemed to be a deserter; if he
abandons the vessel under his command, he shall be liable to the penalties prescribed in sections 37 and 38.
50. A captain who knowingly engages as members of the ship's
company of the vessel under his command any deserters from Spanish
merchant vessels or ships of war shall be liable to a fine of not less than
1,000 and not more than 2,000 pesetas.
CHAPTER III. — CRIMES AGAINST PROPERTY
Division 3. — Stowaways
60. Any person who makes his way clandestinely on board a merchant vessel for the purpose of travelling without paying his fare, or
who remains on board clandestinely for the same purpose after the
completion of the voyage to which his ticket entitles him and without
the means to pay for a further ticket, shall be deemed to be guilty of
the crime of being a stowaway.
61. Stowaways shall be liable to the penalties laid down in the
general Penal Code for the crime of fraud which correspond to the sum
of which they have defrauded the owner, including the cost of maintenance of the delinquent and other expenses which have to be incurred
on board for the transportation of the stowaway in the lowest passenger
class.
62. The stowaway shall be handed over to the marine authorities
at the first Spanish port at which the vessel calls, together with the
report drawn up on board establishing the crime and accounting for
the expenditure referred to in the preceding section.
If the vessel calls at a foreign port, the stowaway shall be handed
over to the Spanish consul, and in default thereof shall remain on board
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SPAIN
until the arrival of the vessel in a port where there is a competent
authority to whom he may be handed over.
63. The stowaway shall not in any case be ill-treated or employed
against his will in work on board ship.
Any officer or member of the crew who contravenes the provisions
of the preceding paragraph shall be liable to the maximum degree of the
penalty corresponding to the crime which he has committed.
CHAPTER IV. — CRIMES AGAINST MARITIME REGULATIONS
Division 2. — Contraventions of Maritime Legislation
66. Any person who unlawfully exercises the calling of a captain
or mate in the mercantile marine or of ship's engineer shall be liable to
the penalty of correctional imprisonment in the minimum or middle
degrees.
67. The following persons shall be liable to major detention or to
a fine of not less than 125 and not more than 2,500 pesetas, unless the
act constitutes a more serious crime :
(a) a captain who puts to sea without the books and papers which
he is required by the regulations to have on board, or who fails
to keep such books in conformity with the legal requirements;
(b) a captain who without reasonable cause sails in waters in which
he is not authorised to sail by the certificate of registry from the
competent authority of the port of departure or by his professional certificate;
(c) a captain or officer who permits passengers to embark or cargo
to be brought on board in excess of the number or the quantity
corresponding to the capacity of the vessel or without the fulfilment of the necessary legal formalities:
(d) a captain who without reasonable cause, when the vessel is ready
to sail, fails to set sail as he is bound to do, or who calls at a port
which is not the port of destination specified in the ship's papers ;
(e) a captain who allows persons who are not legally engaged and
enrolled to embark for employment on board;
(f) a member of the ship's company or a passenger who takes lights
or inflammable substances into storerooms or places in which
there are goods which are easily combustible;
(g) a captain who sails without having on board in satisfactory
working order the lights, salvage apparatus, tools, spares, nautical instruments and other articles required by the regulations;
(h) persons who destroy the log-book (diario de navegación), the
account books or cargo registers, navigation papers, bills of
health, list of the ship's crew (rol), bills of lading and other
books and papers which merchant vessels are required by the
regulations to carry;
(i) persons who take possession of articles abandoned at sea and
fail to hand them over to the marine authorities in the port for
which they are bound;
ROYAL DECREE OF 21 JUNE 1923
315
(j) persons who fail to give the signals or to perform the evolutions
required by the regulations with a view to avoiding collisions;
(k) persons who adulterate the provisions taken for consumption
on board.
68. The following persons shall be liable to the penalty of major
detention :
(a) a captain who fails to enter in the log-book any births, deaths
or cases of disappearance which take place during the voyage,
or the wills which he witnesses, or who fails to make any other
entry in the log-book which he is required to make ;
(b) a captain who abandons or discharges a member of the ship's
company in a foreign port without just cause ;
(c) a captain who puts ashore in a foreign port a member of the
ship's company who is ill or injured, without seeing that he is
properly cared for.
TITLE III
Minor Offences (Faltas), and the Penalties imposed therefor
CHAPTER I
Division 1. — Breaches of Discipline
72. Members of the ship's company who absent themselves without
permission or other valid reason from the vessel to which they belong
shall be liable to detention for not less than one day and not more than
five days or to a fine of not less than five and not more than 25 pesetas,
if they absent themselves in a Spanish port for a period not exceeding
five days.
If the offence is committed in a foreign port and does not constitute
the crime of desertion provided for in section 46, or if the offence is
committed in a Spanish port and the absence is prolonged for more
than five days, the penalty shall be detention for not less than six and
not more than ten days or a fine of not less than 25 and not more than
100 pesetas.
73. The penalties laid down in the preceding section shall be compatible with the penal clauses laid down in the regulations respecting the
engagement of crews of merchant vessels (Reglamento de contratación
de dotaciones de los buques mercantes) and any other penal clauses
stipulated in the contracts of embarkation.
74. The following minor offences shall be punished by detention
for not less than one day and not more than fifteen day., or by a fine
of not less than 5 and not more than 75 pesetas:
(a) disobedience' to the captain or any officer of the vessel on. the
part of a member of the ship's company, if the act was committed in port and does not constitute a crime;
(b) negligence or the part of any member of the ship's company in
the performance of the duties assigned to him on board;
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SPAIN
(c) brawls or insults which occur on board between members of the
ship's company, between passengers or between members of the
ship's company and passengers.
Passengers guilty of such offences shall be liable to a fine.
75. Persons who during the voyage promote or take part in games
of chance, except merely by way of a pastime or recreation, shall be
liable to detention for not less than one day and not more than five days
or a fine of not less than 5 and not more than 25 pesetas.
CHAPTER II. — AUTHORITIES COMPETENT TO PUNISH MINOR OFFENCES
81. During the voyage or while in a foreign port it shall be the duty
of the captain to punish the minor offences specified in this Act.
Minor offences committed on board vessels anchored in national
ports shall be reported by the captain to the local marine authority,
which ¡.hall be the authority competent to pass judgment upon them
and to punish them.
82. The lawful amount of fines imposed for minor offences shall be
deducted from the amounts credited to the persons on whom they are
imposed, and shall be handed over, with the corresponding account,
by the captain of the vessel to the marine authority in the first Spanish
port of call.
If the penalty imposed consists of detention, it shall be carried out
in the manner described in section 5.
83. Penalties imposed by the captain of a vessel shall at once be
entered in the log-book, with sufficient details to make clear the acts
for which they are imposed and the names and ratings of the persons
concerned. They shall also be noted in the seaman's work-book in
conformity with the provisions contained in section 7.
84. The captain shall report in writing all penalties imposed during
a voyage to the marine authority of the port of destination, for the
purpose of section 7.
85. The log-books shall always be at the disposal of the authorities
at their request, and when completed shall be transmitted to the marine
office with which the vessel is registered.
General Provisions respecting Minor Offences
86. Acts which do not constitute crimes or minor offences as specified in this Title, but which nevertheless contravene or infringe the
general regulations or the orders or instructions issued by the captain
in the exercise of bis powers, shall be punished by the captain of the
vessel.
Such minor offences shall be punished at the discretion of the captain
by detention for not less than one and not more than fifteen days if
the guilty person is a member of the ship's company, and by a fine of
not less than 5 and not more than 125 pesetas if the guilty person is a
passenger.
ROYAL DECREE OF 21 JUNE 1923
317
87. Breaches of the general shipping regulations and port regulations
which are not specified in this Title shall be punished by the marine
authorities by detention for not less than one and not more than fifteen
days or by a fine of not less than 5 and not more than 125 pesetas.
88. If a person sentenced to the payment of a fine is not solvent,
the penalty shall be commuted for detention at the rate of one day's
detention for every 5 pesetas payable.
If the fine imposed is less than 5 pesetas, it shall nevertheless be
commuted for one day's detention.
In the case of other pecuniary liabilities in favour of a third party,
the fine shall similarly be commuted at the rate of one day's detention
for every 5 pesetas.
FINAL
PROVISION
89. All provisions contrary to those contained in this Act shall
stand repealed.
PORTUGAL
The provisions relating to articles of agreement, discharge and
discipline of seamen are embodied in the Portuguese Commercial
Code (Book III containing all the Regulations concerning master
and crew), and in the Legislative Decree on Navigation of 8 July
1883, from which excerpts are given in this volume.
The provisions concerning hours of work in port and at sea have
been abrogated recently.
320
PORTUGAL
Commercial Code1
BOOK III
CHAPTER II. — SHIPOWNERS
492. The owner of a ship is civilly liable:
(1) For the acts and negligence of the master and crew;
(2) For obligations contracted by the master in relation to ship
and voyage;
(3) For damages which occur during and by reason of the towing
of the ship;
(4) For default of sea or harbour pilots who are taken on board.
1. The liability under clause (2) of this section ceases on abandonment of ship and freight earned, or to be earned, except in the case
of obligations relating to the payment of wages to the crew.
2. The liability under clause (3) of this section ceases when owing
to the special nature of the towage the control of the ship belongs exclusively to the master of the towing vessel; in such a case the owner is
only responsible for the default of the master and crew of his own ship.
3. The liability under clause (4) of this section ceases when the sea
or harbour pilot is taken on board in obedience to a local law on the
subject.
493. An owner may dismiss the master before the commencement
of the voyage, without any compensation being due, unless the master
has by his contract reserved his right to demand it.
1. If the master is a, joint owner of the ship, he may, in case of
dismissal, give up his share and demand its value.
494. The several persons interested in any maritime expedition
may join together in a partnership (parceria).
1. Such a combination may be formed by the ship's managers
(armadores), or by the ship's managers and the crew, or by the former
and the latter with the freighters.
2. The ship's managers are the owners or freighters who fit out
the ship.
495. Those provisions relating to joint stock companies and sleeping
partnerships shall be applicable to maritime partnerships which are in
accordance with the form in which the maritime partnership is consti1
Taken from W. Raikes' translation of the Portuguese Code.
COMMERCIAL
CODE
321
tuted, in so far as they are not contrary to its nature and without prejudice to the provisions of the following paragraphs:
1. Unless any other person is appointed, the master is manager
of the partnership if the partnership is between the ship's managers
and the crew; if the partnership is with the freighters, the manager
is the person principally interested on board or his agent, or, in the
•absence of either, the master.
2. Unless otherwise agreed, the profit and loss will be distributed
in a maritime partnership in proportion to the interest that each ship's
manager has, if an owner, in the value of the ship at the time of the
contract, and, if a charterer, in the value of the cargo at price current
at the time and place where the agreement is made, and, if a member
of the crew, in proportion to his wages or salary.
3. The manager cannot, without the consent of the majority of the
partners, undertake voyages, conclude new charterparties or insurances,
or order repairs, or contract other expenses for which the partnership
would be personally liable.
4. The manager has, amongst other functions, the following:
(1) To engage or discharge the master, even if he is a co-partner;
{2) To regulate the expenses of fitting-out, provisioning, and working
the vessel during the voyage, and the conditions of the charterparty;
{3) To guarantee expenses for repairs carried out during the voyage,
and freight to be earned;
(4) To render to the co-partners at the end of each voyage an account
of the partnership, and distribute the profit or loss.
5. The partnership is liable to creditors and parties injured by
•occurrences during the voyage, for the acts of the manager, master and
•crew, subject to its right to recover damages from these persons.
6. This liability may be enforced against the respective shares of
•co-owners, and the earnings and wages of other partners.
CHAPTER III. — THE MASTER
496. The master is the person entrusted with the command and
•conduct of the ship, and in that capacity is responsible for defaults
in the exercise of his duties.
1. The responsibility of the master ceases in case of accident or
force majeure.
497. The master is answerable to shippers for goods shipped in accordance with bills of lading, for damage sustained by those which
are carried on deck without the consent in writing of the shipper, but
not for valuables, money, and negotiable securities which are not declared
in the bills of lading.
1. An endorsement on bills of lading that goods will be carried on
•deck proves the consent of the shipper, unless he immediately protests.
21
322
PORTUGAL
498. It is the duty of the master to form and engage the crew, in
agreement with the ship's managers or owners of the ship, if present,
or of the consignees, if there are any.
1. The master cannot be compelled against his will to take any
seaman into the service of the ship.
499. The master must keep oh board.
(1) a passenger and cargo book;
(2) an account book;
(3) a log-book;
(4) an inventory.
1. The passenger and cargo book may be replaced by manifests and
similar documents, provided they fulfil the conditions required by
section 501.
500. The ship's book will be paged and paragraphed by the maritime^
authority of the ship's port of registry.
1. If it is necessary to renew any of the books when the ship is on a
voyage or at a loading port other than her home port, the paging and
paragraphing may be effected by the authority of that port, or by the
Portuguese consular agent.
501. The passenger and cargo book must contain the names of
passengers and their place of departure and destination; the description
and amount of goods carried, distinguishing the packages by their
numbers and marks; the ports of loading and discharge; the names.
of the shippers and receivers or consignees, and whatever other remarksthe master may consider necessary about the persons or goods on board.
502. The ship's account book must contain all receipts and expenditure on the ship's account, including the wages of the crew, suoh
expenses as are occasioned by putting into a port, raising money on
bottomry, and all other items of credit and debit for which the masteris liable.
503. The log-book must indicate the port from which the vessel
sails, the manœuvres executed, the course pursued, the results of geographical, meteorological and astronomical observations, the various.
occurrences of the voyage, damages sustained, articles lost or abandoned,
an entry of births and deaths on board, resolutions taken in council,
and all other circumstances, both ordinary and extraordinary, happening
in the course of the voyage.
504. The ship's inventory must contain a list of the tackle, furniture,
tools, and other articles of any sort supplied to the ship, and mention
any alterations made in them.
505. The master must have the ship surveyed before undertaking
a voyage so as to know that it is seaworthy, except when less than six
months have elapsed since the last survey.
1. The provisions of this section apply to foreign vessels leaving
ports within the realm and its colonies.
2. The ship's inventory must always be produced at surveys made in
pursuance of this section, to see that the spare stores mentioned in it
are in existence.
COMMERCIAL CODE
323
3. A judge of the Commercial Court will preside at the survey, or,
failing him, the maritime authority of the port.
4. A survey establishes a presumption of seaworthiness of the ship,
and if no survey is carried out, the master is answerable to those persons
having an interest in the ship and cargo.
5. A survey does not free the person taking freights from liability
if those concerned prove that the ship was unseaworthy in consequence
of defects that were not visible.
506. The master must produce his log-book to the authority whose
duty it is to legalise it, to be visaed, within twenty-four hours of his
arrival at his port of destination, and in case of putting into port, shipwreck, or other extraordinary event happening in the course of the
voyage, or causing damage to ship, cargo, or passengers, must within
the same time make a sea deposition before the same authority, which
will be supplemented by an abstract of information derived from the
crew and passengers if it is necessary to interrogate them.
1. Parties concerned, or their representatives, even without special
procuration and as agents, will be admitted to assist in the enquiry.
2. Such sea depositions, confirmed by abstracts of information,
are sufficient evidence in a Court of Justice, unless the contrary is proved.
3. The interrogation of the master is sufficient to give similar force
to his deposition, or sea protest, when he alone is saved from the wreck
and appears in the place where the deposition is made.
4. The deposition must state the port and date of departure of the
ship, the course pursued, perils encountered, damages sustained by ship
or cargo, and, generally speaking, all the important events of the voyage.
507. Except in cases of urgency or force majeure, a master must not
commence to discharge the ship until his deposition has been made and
approved.
508. The following are the master's duties:
(1) To receive, stow, preserve and deliver the cargo properly;
(2) To weigh anchor at the first favourable opportunity, as soon as
everything is on board that is required for the voyage;
(3) To take the ship to her destination;
(4) To stay on board during the whole voyage, whatever the danger
may be;
(5) To take a local pilot for all bars, coasts or places where law,
custom or prudence requires it, paying attention to the port
regulations ;
(6) To summon in council the officers, ship's managers, managers,
and shippers who are on board, or their representatives, on any
important occasion when damage may result to ship or cargo;
(7) To use all diligence to save and keep in good custody money,
goods and articles of value, and mails and ship's papers when
it is necessary to abandon the ship ;
(8) In case of jettison, to sacrifice, first, articles of least value, those
. which are least necessary for the ship, those which are heaviest.
and those which encumber the deck;
324
PORTUGAL
(9) In case of putting into a port of refuge, to carry out as far as it
applies to him the provisions of Part VI of this Book;
(10) To take all necessary precautions to preserve ship or cargo when
captured, placed under embargo, or arrested;
(11) To take every opportunity during the voyage in ports of call or
refuge to give the ship's managers, or their representatives,
notice of the incidents of the voyage, of unusual expenses
incurred for the benefit of the ship, and of any funds raised for
the purpose;
(12) To produce the ship's books to those concerned who may desire
to examine them, allowing them to take copies or make extracts.
509. The master is competent to represent owners or ship's managers
in legal proceedings in any country, whether as plaintiff or defendant,
and moreover, being their agent in all matters relating to the management and the voyage of the ship, is at liberty to take any proceedings
during the voyage and in foreign countries.
1. When any of the owners of the vessel or ship's managers or their
representatives are present, the master may not, without their authority,
give orders for repairs, buy sails, ropes or other tackle, arrange freights,
or raise money on account of cargo.
510. The master may, if it is absolutely necessary during the voyage,
make use of cargo on board for the ship, after having consulted the
principal members of the crew.
511. If, in the course of the voyage, the master needs money for
repairs, purchasing provisions, or other necessaries for the ship, he
must at once give notice to the ship's managers, charterers, and receivers,
so that they may put him in a position to meet the expenses; or if he
cannot give this notice, or there is not time to await a reply and remittances from those concerned, he may, with the authorisation of the
presiding judge of the Commercial Court, or if there is none, then by a
magistrate of the port, incur such expenses and raise the necessary money.
1. If the case occurs in a foreign country, he must apply for the
authorisation of the Portuguese consular agent, or, failing him, of the
judicial authority of the country.
2. Such charges must be entered in the log-book, with a circumstantial account of them as well as of the vouchers.
3. Before the master leaves a port where he has incurred unusual
charges and contracted debts without the direct intervention of the
owners or managers of the ship, he must send them a detailed account
of such expenses, referring to the vouchers for them and for debts he has
contracted, including, in respect of the latter, the name and address of
the creditors.
512. The liability to shippers in respect of goods is for the value
that they would have had at the place and time of the discharge of the
ship.
513. The master may not sell the ship without the express authority
of the owners, except in the sole case of its being condemned as unseaworthy.
COMMERCIAL CODE
325
1. The condemnation and sale of the ship will be ordered by the
presiding judge of the Commercial Court or the magistrate appointed
for the purpose, or, if the case occurs in a foreign country, by the Portuguese consular agent, or, failing him, by the judicial authority of the
country.
2. If a vessel is condemned as unseaworthy, it is the duty of the
master to charter another vessel to take the cargo to its destination.
3. The obligation referred to in the previous paragraph ceases if a
higher freight is demanded than the original vessel was earning, unless
those interested in the cargo agree to the increase of freight, which in
such case will be on their own account.
514. The master may demand payment of his earnings and repayment
of disbursements when the accounts are rendered.
1. If there is a doubt as to the settlement of the accounts, the payment
of the wages will be made against bail.
515. The same rights and duties pertain to a person acting as master.
CHAPTER IV. — THE CREW
516. The following constitute the crew of a ship : the master or skipper,
the officers, the seamen, and ship's boys who are entered upon the
muster-roll and shipped in conformity with the regulations, as also the
engineers, firemen, and other persons in the service of steamships.
1. The muster-roll must show the name, rating, and docimile of
each person engaged, and his wages and other conditions of the contract.
2. This contract must be drawn up in writing before the competent
maritime head officer or his deputies, and in foreign countries before a
Portuguese consular agent, who will then proceed to sign on the crew.
3. When the contract is made in a place where there is no consular
agent, it will be entered and signed in the log.
517. Seamen and other members of the crew are bound to serve
in the ship, after the term agreed on has expired, for such period as is
necessary to return to the port where they signed on, such return to
be direct and with only the necessary ports of call.
1. In the case provided for by this section, the crew have a right to
the increment of pay corresponding to the -longer period of service.
2. The contract is deemed to be completed even before the time
agreed on has expired if the ship has returned to her port of sailing and
completed her voyage within such period.
518. If the contract with the crew is for an undefined period, or for
all voyages that the ship may undertake, the crew can claim their discharge at the end of three years, saving the proviso of the preceding
section.
1. If at such time the vessel is in a foreign country, and her return
voyage is neither begun nor arranged, the crew have a right, over
and above the wages they have earned, to be paid the expenses of their
return to the port where they signed on, unless the master obtains
engagement for them on another ship.
326
PORTUGAL
2. No discharge can take.place in a port of call or of distress, but
only in the port where the voyage terminates.
519. When the contract is terminated, or deemed to be terminated,
and the seamen are discharged, the master must give them a certificate
of discharge, stating the name and description of the ship and the time
«pent on board, and must enter this discharge in the log-book.
520. Neither the master nor any member of the crew is allowed to
ship goods on his own account without the leave of the owners or ship's
managers, or without paying freight, unless it has been otherwise
agreed in their contracts.
521. The rights and obligations prevailing between the master and
the crew commence on the signing of the contract.
522. If the voyage fails to be carried out in consequence of some act
of the owner, master, or charterers, the crew retain as compensation the
advances made to them on account of their wages.
1. If no advance has been received, a seaman engaged by the month
will receive a month's pay as compensation; if engaged for the voyage,
he will receive a sum corresponding to a month's pay, calculated on the
probable length of the voyage, if this time is more than a month, or the
whole of his agreed pay if the time be less.
523. If the voyage be abandoned after the vessel has sailed, a seaman
engaged for a voyage is paid as if it had been completed; if paid by the
month, he is paid for the months he has served, together with a compensation calculated in proportion to the probable length of the voyage,
and in both cases he will be paid his expenses of returning to the port
where he was engaged, unless the master .obtains for him engagement
on another ship.
524. If trade with the place to which the vessel is bound is prohibited
in consequence of sanitary or police precautions, or if the vessel be placed
under embargo by orders of the Government before the voyage is begun,
only the days actually occupied by the crew in fitting out the ship will
be paid for. .
525. If the prohibition of trade or the embargo of the ship is imposed
during the voyage, the crew have a right in the first case to wages calculated in proportion to their length of service, and in the second case to
half-pay during the time the embargo lasts, if they are paid by the
month, and to the whole agreed sum, if their contract is for the voyage.
526. If the voyage is prolonged in the interest of the charterers,
and the ship in consequence arrives at a port different from the port
of its destination, wages agreed on for the voyage shall be augmented in
proportion to the prolongation of the voyage.
1. If the vessel is discharged at a place nearer than the port agreed
on, the wages of the crew do not, on this account, sustain any abatement.
527. If the crew have been engaged on a profit-sharing basis, they
have no right to any compensation in respect of what happens in the
course of the voyage, except their claim on their share of the partnership.
COMMERCIAL CODE
327
528. In case of capture or shipwreck with total loss of ship and
•cargo, no wages are due to the crew unless the freight has been paid in
advance; but if they have received an advance it is not restored.
1. If any portion of the vessel is saved, wages which have been
«arned have a preferential claim on the proceeds of the wreck, or on
whatever is recovered from the prize; but if the objects which are
•salved are insufficient, or if only cargo is salved, the crew will be paid
beyond this out of the freight.
2. Whatever the nature of the agreement may be, the crew will be
paid wages for days occupied in salving ship and cargo.
529. A seaman who falls ill, or is wounded or injured in the service
Of the ship in the course of the voyage will be paid his wages for the
whole period during which he is disabled, and will also receive medical
attendance at the expense of the ship.
1. If the service to which this section refers is a salvage service,
the expenses of medical treatment shall be on account of the ship and
the cargo.
2. If treatment is given on shore, the master will give the Portuguese
consular agent the money required for such treatment, and for sending
the man back to the port where he was engaged ; if there is no consular
agent, the master will take care that the man is admitted into a hospital
or infirmary by making the advance necessary for his cure.
3. If the seaman is landed, this treatment and payment of wages
will not continue beyond four months.
530. If a seaman is wounded, or contracts a disease, or is injured
through his own fault, or while he is on shore without the master's leave,
the cost of his treatment will be at his own expense; nevertheless,
the master must advance such expenses if the seaman requires it,
and he must proceed as laid down in the preceding section when it is
necessary to land the seaman, without prejudice to his right to be
repaid.
1. In case the seaman is wounded, or falls ill, or is injured through
his own fault, wages are only due for the time he has actually been
doing duty.
531. If any seaman dies during the voyage, his representatives
are entitled to his wages up to the date of his death, if he was engaged
by the month ; and if he was engaged for the voyage, they are entitled to
half the sum if he died on the outward voyage, or at the port of destination, and to the whole sum if he died on the homeward voyage.
1. If the seaman contracts for a share in profits, then his share is
due to his representatives if he died after the voyage was begun.
2. If the seaman is killed in defending the ship, the wages for the
whole voyage are due, whether he was engaged by the month or for
the voyage, if the ship reaches a port of safety.
532. When a ship is captured, wages are due up to the day of capture.
1. If seamen are made prisoners when away from the ship on the
ship's service, their wages are due for the period they were on such
service.
328
PORTUGAL
2. The cargo contributes to this payment if the seaman was away
from the ship in its interest.
533. If the ship is sold whilst the contract with the crew is in force,
they have a right to be sent back to the port where they have been
engaged, at the expense of the ship, and to receive the wages agreed on.
534. The master may discharge a seaman before the end of the
term of his engagement without its being necessary to show the reason
of the discharge, provided he gives him his certificate of discharge,
and the means to convey him to the port where he was engaged, or
obtains for him embarcation in a ship with such destination.
1. A seaman who is discharged without just cause, after the musterroll has been made up, has a right to two months' wages as compensation
in addition to what he has earned during the time already elapsed
before his discharge.
2. The master cannot, in any of these cases, make the owners or
charterers of the ship repay him the amount of compensation he has
has to pay, if the discharge has not been made with their consent.
535. The seamen have a right to be maintained on board ship until
they are paid in full their wages, or any share of the profits to which
they may be entitled under their contract.
1. Even when the agreed time of service has expired, the crew are
obliged to do duty in the ship until she is in a position of safety, has got
free pratique, and discharged her cargo; they are entitled also to be
maintained on board ship and to be paid wages for this additional
service.
536. If, the ship being in quarantine, it is decided to despatch her
on another voyage, any seaman who does not wish to engage for such a
voyage has a right to be disembarked on the quarantine ground, and his
necessary expenses and his wages for the whole time he is detained
there shall be at the ship's charge.
537. Wages ano the share in profits due to seamen cannot be assigned,
arrested, or pledged except for-the legal support of the families or for
debts of seamen to the ship.
1. In case of sums legally due for the support of families, the assignment, arrest, or pledge may only extend to one-third of the wages,
and ' the seaman is not permitted to agree otherwise.
329
LEGISLATIVE DECREE OF 8 JULY 1863
Legislative Decree on Navigation
[Dated 8 July 1863]
PART
I
Concerning the Nationality of Ships and its Conditions
1. The conditions of the nationality of Portuguese merchant vessels
have for their object:
(1) The construction or origin of the vessel;
(2) The owners or ship's managers;
(3) The master and the officers commanding the vessel ;
(4) The crew or men serving on the vessel.
CHAPTER III.
— CONCERNING THE MASTER, THE OFFICERS,
AND THE CREW 1
8. The master or skipper and the supercargo must be Portuguese
or naturalised foreigners.
9. Of the men composing the crew, two-thirds at least must be
Portuguese or naturalised foreigners, without prejudice to the provisions of treaties.
CHAPTER V. — CONCERNING THE SHIP'S PAPERS
2
12. The ship's documents or papers, in so far as these are the means
of proving not only the nationality of the ship and of the cargo, but
also the destination of the vessel and the regularity of the voyage, are:
(1) The title of ownership of the vessel duly registered;
(2) The Royal passport;
(3) The muster-roll;
(4) The bills of lading and affreightments;
(5) The cargo policy visaed by the Customs authorities;
(6) The receipts showing that the expenses in connection with a stay
in the port, the pilotage fees and other expenses have been paid;
(7) The cargo book;
(8) The account book;
(9) The log-book;
(10) The visa of the Board of Health;
(11) The list of the passengers;
(12) A copy of the Commercial Code.
1
2
Sections 1362 and 1431 of the Commercial Code.
Section 1379 of the Commercial Code.
330
PORTUGAL
1. Among these documents the following are considered as essential
and indispensable for proving the nationality of the vessel: the title
of ownership or registry; the Royal passport; and the muster-roll or
list of the crew.
If unprovided with these, the ship may be considered as a good prize,
in accordance with international law.
Division III. — Concerning the Muster-Roil or List of the Crewl
17. The muster-roll or list of the crew must contain:
(1) The name of the ship;
(2) The place of departure: the destination, out and home;
(3) The full names, places where born, domiciles, callings and description of the master, the officers and all those who constitute the
ship's complement;
(4) The wages agreed;
(5) The sums promised or paid in advance;
(6) The order for every man of the crew to come on board with
his effects on the date fixed by the master.
18. The registration is effected by the Administrators of the Marine
or their delegates, or, in those ports where there are no such officials,
by the heads of the Custom House, who, for that purpose, are placed
under the orders of the Ministry of Marine.
19. The provisions of the preceding sections do not cancel:
(1) What has been ordered in respect of fishing boats by the Decree
of 26 and the Regulations of 28 November 1842, also by the
Order of 31 January 1850 concerning the registration of fishing
boats in the seas of Larache and outside territorial waters;
(2) What has been laid down in special provisions in regard to the
registration of steam tugs.
PART III
Penal Sanction
20. There shall always be on board all vessels of the Government
and all merchant vessels a printed copy of the present Decree.
1
Section 1492 of the Commercial Code.
GREECE
The provisions of Greek maritime law relating to articles of agreement, discharge, and discipline of seamen are the subject of somewhat
lengthy clauses; only the texts of the chief clauses still in force are
given in this publication. Greek maritime legislation follows the
main lines of the maritime legislation in the principal European
countries. The Act r*PIZ' of 17 April 1910 on maritime trade,
for instance, which abrogated the provisions contained in the former
Commercial Code and the special maritime navigation laws, is based,
as regards the greater number of its clauses, on corresponding sections
in the German, Belgian, French, and Italian Codes. The corresponding section in a foreign Code is indicated at the foot of each
section of the Greek Act here given. Disciplinary sanctions have
recently been embodied in the Penal and Disciplinary Code of the
Mercantile Marine (1923), excerpts from which are also given in
these pages.
In addition, an Act relating to seamen was promulgated in Greece
on 17 October 1923 ; its provisions chiefly concern seamen's organisations. This Act is not included in this volume 1.
It should be noted that Greece ratified on 16 December 1925
the Genoa (1920) Conventions "fixing the minimum age for the
admission of children to employment at sea", "concerning unemployment indemnity in case of loss or foundering of the ship", and
"facilities for finding employment for seamen".
1
For translation of this Act, see Legislative Series 1923 — Gre. 5.
332
GREECE
Act relating to Maritime Commerce
[Dated 17 April 1910]
TITLE
III
The Master and the Crew
CHAPTER I. — THE MASTER
85 (310) 1 . Every master entrusted with the management of a vessel
shall be responsible for his defaults, however slight, in the performance
of his duties. (E.N. 221; Belg. 58; Ital. 496 2.)
86 (311). He shall be responsible for the goods of which he undertakes the carriage and shall give an acknowledgment for the same to
be called a bill of lading. (E.N. 222; Belg. 59; Ital. 498.)
87 (312). It shall be the duty of the master to form the crew of the
vessel and to select and engage the seamen and other members of the
crew. He shall, however, do this in conjunction with the owner or
his authorised agent where such owner or agent is on the spot. (E.N.
223; Belg. 59; Ital. 499.)
88 (313). The master shall keep a book numbered and initialed
by the port or consular authority. Such book, which shall be called
the ship's log, shall contain all decisions arrived at in the course of the
voyage, the receipts and expenses of the vessel and generally every
matter relating to the cargo and every other matter which may give
occasion for rendering an account or to any claim whatsoever. (E.N.
224; Belg. 61; Ital. 500.)
89 (314). The master shall, before commencing to load, cause the
vessel to be inspected in accordance with the terms and provisions of
the national regulations. (E.N. 225; Belg. 62; Ital. 502.)
1
The figures between brackets refer to the numbers of the former Greek
Commercial Code.
2
Abbreviations :
E.N.
= Greek Commercial Act, 1873.
D.E.N. = Royal Decree on the Mercantile Marine, dated 14 November
1836.
Belg.
= Belgian Act of 10 February 1908.
Ital.
= Italian Commercial Code.
Germ. = German Commercial Code.
ACT RELATING TO MARITIME COMMERCE, 1910
333
90 (315). The master shall have on board:
(1)
(2)
(3)
(4)
(5)
The certificate of nationality of the vessel;
The list of crew;
The bills of lading;
The clearance papers;
The receipts for payment of customs duties. (E.N. 226; Belg.
63; Ital. 503.)
91 (316). The master shall be in personal command of the vessel
when entering or leaving ports, harbours, canals or rivers. (E.N. 227;
Belg. 64; Ital. 504.)
92 (317). In case of infringement of the obligations imposed by the
four preceding sections, the master shall be responsible to the persons
interested in the vessel and the cargo for all damages. (E.N. 228;
Belg. 65; Ital. 505.)
93 (318). The master shall be responsible for all damage which
may occur to any goods loaded on the deck of the vessel without the
written consent of the charterer or freighter.
The provision shall not apply to the coasting trade.
The expression " deck " shall be deemed to include every structure
not forming part of the hull of the vessel. (E.N. 229; Belg. 66.)
94 (319). The responsibility of the master shall cease on proof of
circumstances attributable to force majeure. (E.N. 230; Belg. 67.)
95 (320). Where the owners or their authorised agents are on the
spot, the master shall not without their express consent repair the
vessel, purchase sails, rigging or other articles for the same, borrow
money for such purposes or charter the vessel. (E.N. 232; Belg. 68;
Ital. 506.)
96 (321). If the vessel is chartered with the consent of the owners
and any of the latter refuse to contribute to the necessary expenses for
the voyage, the master may, twenty-four hours after citing the persons
so refusing to furnish the proportion of expenses due from them, with
the approval of the Court of First Instance or, in the absence of the
same, of the justice of the peace, borrow on account of the said persons
and on the securitv of their share in the vessel. (E.N. 233; Belg. 69;
Ital. 507.)
97 (322). The master may during the course of the voyage, after
satisfying himself of the necessity for the same by an instrument in
writing signed by the principal members of the ship's company, employ
for the purposes of the vessel any articles in the vessel subject to payment of the value thereof. (E.N. 249; Ital. 508; Belg. 84.)
98 (323). If during the course of the voyage money is required for
repairs, purchase of food or other urgent needs of the vessel, the master
shall, if possible, immediately notify the owners, charterers, or freighters
and consignees, and, after satisfying himself of the necessity for the
same in the manner provided in the preceding section, may apply in
Greece to the Court of First Instance, and in the absence thereof to
the justice of the peace, and in a foreign port to the Greek consular
334
GREECE
authority or in the absence thereof to the local tribunal, for authorisation to procure the required sum by borrowing the same on bottomry
bonds or other security or by pledge or sale of the cargo, or to assume
obligations to the persons directly furnishing material, equipment, provisions, or labour.
The judge or other authority issuing the authorisation to borrow
shall enter the same in the ship's log.
Any sale of cargo shall take place by auction.
The owners, or the master on their behalf, shall account for the cargosold according to the market prices of articles of the same kind and
quality in the place of discharge of the vessel at the time of her arrival.
The charterer, where there is only one, or the various freighters, if
they are agreed, may forbid the sale or pledging of their goods, subject
to unloading the same and paying the proportion of freight for the
voyage so far completed.
In the absence of agreement on the part of any of the freighters, those
desiring to exercise the right of unloading shall pay the whole of the
freight on their goods.
In either of the above cases, the freighters unloading their goods
shall pay their proportion of any average loss incurred up to the time
of unloading. (E.N. 234; Ital. 509; Belg. 70.)
99 (324). In case of urgent necessity during the voyage, the master
may give notices or commence and prosecute actions in the name and
on behalf of the owners in respect of all matters relating to the vessel
and the voyage in which she is engaged.
Any third parties may likewise, elsewhere than in the place of abode
of the owners or their authorised agents, give notices or commence
and prosecute actions against the master in respect of any matter
relating to any acts of the master or the crew or any obligations undertaken by the master during the voyage. All such notices shall be
served personally on the master or on the vessel.
The owners may at any time take over any action brought by or
against the master.
Any judgment delivered against the master shall not deprive the
owners of the right of abandoning the vessel or freight conferred by
sections 53-59. (Ital. 510.)
100 (325). The master shall, before leaving any port in which he
has incurred unusual expenses or assumed obligations, render an account
to the owners or their authorised agents signed by him and showing
the expenses incurred, accompanied by the indication of the vouchers
for the same, if any, and the obligations assumed, together with the
names and addresses of the lenders.
Where the cargo is carried for the account of the owners, the master
shall furnish them with an account of the same and the price thereof.
(E.N. 235; Belg. 71; Ital. 511.)
101 (326). Any master who without necessity assumes obligations,
pledges or sells cargo, food or other provisions or effects or enters in his
accounts fictitious losses or expenses, shall be personally liable to the
owners and all persons interested for the repayment of moneys, payment
ACT RELATING TO MARITIME COMMERCE, 1 9 1 0
335
for goods and damages, without prejudice to any penal action to
which he may be liable. (E.N. 236; Ital. 512; Belg. 72.)
102 (327). The master shall not be entitled to sell the vessel without the express written order of the owner except in the case of unseaworthiness.
The declaration of unseaworthiness and the authority for sale shall
be given by the Court of First Instance or in a foreign port by the
consular authority. (E.N. 237; Ital. 513; Belg. 73.)
103 (328). The master who undertakes the carrying out of a voyage
shall complete the same, and in default thereof shall be liable to the
owners and the charterers for all expenses and damages.
If the vessel is declared unseaworthy, the master shall use every
endeavour to procure another vessel for the purpose of carrying the
cargo to its place of destination. (E.N. 238; Ital. 514; Belg. 74.)
104 (329). Any master employed in consideration of a share in the
cargo shall not, in the absence of agreement to the contrary, undertake
any trading on his own account. (E. N. 239; Ital. 515, para. 1 ; Belg. 74.)
105 (330). In case of infringement of the provisions of the preceding section, the master shall forfeit his share in the joint profits, without
prejudice to any other claim for damages. (E.N. 240; Ital. 515r
para. 2; Belg. 75.)
106 (331). The master may not leave his vessel during the voyage
on account of any danger whatever without the advice of the principal
members of the crew, and in the latter case he shall be bound to save
so much as he can of the money and the most valuable part of the
cargo, under penalty of being held personally liable therefor.
In the event of the objects so taken from the vessel being lost owing
to an accidental occurrence, the master shall be discharged from liability.
(E.N. 241; Belg. 77.)
107(*332). The master shall, on arrival at the port of destination
on the outward or homeward voyage, -ov at any place of voluntary or
enforced anchorage, and also in case of shipwreck, produce the ship's
log for inspection to the competent port or consular authority.
In the case of unusual circumstances affecting the vessel, the cargo
or any persons on board, the master shall independently of any express
legislative provisions make his report.
Such report shall indicate the place and time of departure, the course
followed by the vessel, the risks encountered, any disorders which may
have occurred on board and, in general, all circumstances deserving
record occurring during the voyage. (E.N. 242; Ital. 516; Belg. 78.)
108 (333). Such report shall be made as speedily as possible, and
in any case within twenty-four hours after arrival or anchorage, in the
presence of the president of the Court of First Instance or, where no
such court exists, of the justice of the peace, where such arrival or
anchorage takes place in a home port, or where the same takes placein a foreign port in the presence of the Greek consular authority.
Where such report is made in Greek territory, it shall be deposited
in the registry of the Court of First Instance. For this purpose, the
336
GREECE
justice of the peace shall transmit the same without delay to the president of the Court of First Instance. (E.N. 243; Ital. 517; Belg. 79.)
109 (334). The president, justice of the peace, or consular officer
receiving such report shall investigate the facts referred to therein
and for that purpose shall examine separately, and without the master
being present, the members of the crew ana, if possible, the passengers.
The evidence at such examination shall be taken in writing and, in addition thereto, all such other information or evidence shall be collected
as may be considered desirable in each case.
The investigation above referred to shall take place at the earliest
possible moment and at such time as the judge or other officer entrusted
with the same shall publicly and gratuitously notify in the manner
which he considers most suitable.
All persons interested and any other person desiring to represent
them, whether authorised thereto or not, shall be entitled to be present
at the proceedings in such investigation.
The minutes of such proceedings shall be annexed to the said report.
Evidence shall be admissible in disproof of the facts alleged in such
report. (E.N. 247; ltal. 518; Belg. 83.)
110 (335). Any report not verified in accordance with the provisions of the preceding section shall not be admissible in favour of the
master and shall not be accepted as proof in any action, except where
the master is the only person saved from shipwreck in the place where
his report is made. "(E.N. 247, para. 2; Ital. 519; Belg. 83.)
111 (336). The master shall not, except in case of urgency, unload
from the vessel any goods whatsoever, before the submission and verification of his report. (E.N. 248; Ital. 520.)
CHAPTER 2. — THE CREW
112 (337). The conaitions of engagement of the master and the
members of the crew shall be authenticated by the list of crew.
If no list of crew has been prepared, or if any member of the crew
has been engaged subsequent to the preparation of the same and is
not yet included therein, the evidence of witnesses shall be admissible.
If any of the conditions appearing in the list of crew are subsequently
altered, the evidence of witnesses on behalf of the crew shall be admissible
at the discretion of the court. (E.N. 250; Belg. 92; Ital. 522.)
113 (338). If the amount of wages is not clearly indicated in the
agreement, it shall, in case of doubt, be assumed that the wages agreed
are those which the port authority in the place of engagement certifies
as usual at the time of engagement. (Germ. 29.)
114 (339). If a seaman is engaged by several agreements for service
on different vessels at the same time, the earliest engagement shall
prevail or, where they are simultaneous, the engagement first entered
in the list of crew. (Germ. 30.)
115 (340). If a seaman is engaged subsequent to the preparation
of the list of crew, he shall, in the absence of other conditions, be sub-
ACT RELATING TO MARITIME COMMERCE. 1910
337
ject to the conditions stipulated for the crew entered in the said list.
(Germ. 31).
116 (341). The obligation of the seaman engaged to go on board
and perform his duties shall, in the absence of agreement to the contrary,
•commence from the day of his inscription in the list of crew.
The right of the seaman engaged to the receipt of wages shall commence from the same day, if his inscription in the list of crew precedes
his entry on his duties; otherwise such right shall commence from the
day of his entry on his duties. (Germ. 32 and 44.)
117 (342). The seaman shall, after the termination of the period
for which he was engaged, continue to perform his duties until the
return of the vessel to her port of destination in the home country,
provided such return is effected immediately with only such calls as
are necessary. He shall in such case receive remuneration in proportion
to his wages.
The engagement of the seaman shall be deemed to be terminated,
notwithstanding that the agreed period has not expired, when the vessel
returns to her port of destination in the home country after having
completed the first voyage and unloaded. (Ital. 524.)
118 (343). Where the duration of the engagement of the seaman
is not expressed in the agreement, he may demand his discharge after
the expiration of one year from the commencement of his duties, subject
to the provisions of the preceding section.
If the vessel is in foreign waters and her homeward voyage has
not yet commenced or been ordered, the seaman shall be entitled, in
•addition to the wages earned by him, to demand payment of the expenses
-of repatriation, unless the master at his own expense procures him a
passage on a homeward vessel.
The engagement of a seaman for an indefinite period and for every
voyage shall not preclude him from demanding his discharge at the
expiration of one year, unless it was expressly agreed that the duties
•of the seaman might continue for more than a year.
A seaman shall not be entitled to demand his discharge in a por'.
•of call or anchorage, but only in the port of destination. (Ital. 525.)
119 (344). After the termination of the engagement in any manner
whatsoever, the master shall deliver to every discharged member of
the crew a certificate of discharge containing the name and nationality
of the vessel, the Christian name and surname of the master and the
period of such discharged member's service on board. The issue of
such certificate shall be noted in the ship's log.
If from any cause whatsoever the master is unable to write such
certificate, it shall be written and signed in his presence by the mate
and subscribed by two witnesses. (Ital. 526.)
120 (345). Every seaman shall be entitled to demand his discharge
in any port:
(1) If the master is guilty of serious breaches of his duty to the
seaman, and particularly if the master ill-treats the seaman or
allows any other member of the crew to ill-treat him, or if the
22
338
GREECE
master without just cause deprives the seaman of food or drink
or gives him food which is injurious to health;
(2) If the vessel changes its flag.
In the first case the seaman shall be entitled to compensation, which
shall be determined in accordance with the provisions of section 136.
In the second case he shall be entitled to wages up to the time of hisdischarge and to the expenses of repatriation. (Germ. 74, parps. 1
and 2, and 76, para. 1.
121 (346). In the absence of agreement to the contrary, the seaman
shall be entitled to demand payment of his wages after the termination.
of his engagement. He shall, however, be entitled, after the arrival
of the vessel in a port where she is entirely or in large measure discharged,.
to demand one-half of the wages earned by him up to that time, if a t
least three months have expired since his engagement. After the
expiry of a further three months after such payment, he shall be entitled
to demand one-half of the wages subsequently earned by him.
Where the engagement is for a specified time, the seaman may, on
the return of the vessel to her port of departure, demand the wagesearned up to that time. (Germ. 45.)
122 (347). The master and members of the crew may not, under
any pretext whatsoever, place on board the vessel any goods on their
own account without the permission of the owners and without payingfreight therefor, unless authorised to do so by their agreement.
If, prior to the sailing of the vessel, the goods wrongfully placed on.
board have not been landed, those responsible for placing them on board.
shall pay on the goods twice the amount of freight which would havebeen payable had they been carried with the owners' consent, without.
prejudice to any other claim for damages. (E.N. 251; Belg. 111.)
123 (348). In the event of the voyage being broken off by the act
of the owners, the master, or the charterers prior to the vessel sailing,.
the seamen engaged for the voyage or by the month shall be paid for
the days on which they have been at work in connection with the
fitting out of the vessel, and shall retain, by way of compensation, theamounts received in advance.
In the event of no payment having so far been made in advance, theseamen engaged by the month shall receive, by way of compensation,.
one month's wages at the rate agreed. Seamen engaged for the voyage
shall receive a sum corresponding to one month's wages, based on thepresumed duration of the voyage, unless the said presumed duration
does not exceed one month, in which case they shall be paid in full.
Tn the event of the voyage being broken off after it has begun, seamen.
engaged for the voyage shall be paid the whole of their agreed wages,.
and seamen engaged by the month shall receive the agreed wages forthe time served by them, and, in addition, by way of compensation,
one-half of their wages for the remainder of the presumed duration
of the voyage for which they were engaged.
Seamen engaged for the voyage or by the month shall receive, in.
addition, the expenses of their passage back to the place of departure?
ACT RELATING TO MARITIME COMMERCE, 1910
339
of the vessel, unless the master, the owners, or the port authority procure them passages on another vessel bound for the said place. (E. N.
252; Belg. 93; Ital. 529.)
124 (349). In the event of trade being prohibited with the place
of destination of the vessel or in the event of the vessel being held up
by order of the Government before commencing the voyage, only the
wages for the days during which they were employed in fitting out the
vessel shall be due to the seamen, (E.N. 253; Belg. 94; Ital. 530.)
125 (350). In the event of the prohibition of trade or the holding
up of the vessel taking place during the voyage, in the firat case the
seamen shall be paid in proportion to the time during which they have
served, and in the second case men engaged by the month shall be paid
one-half of their wages for the whole period of the delay and men
engaged for the voyage shall be paid the whole of the agreed wages.
Where compensation is paid for such prohibition or holding up,
seamen engaged by the month shall receive out of the same the balance
of their wages and those engaged for the voyage shall receive an increase
of wages in proportion to the period of delay. The amount of compensation paid to all the seamen shall not, however, exceed one-third of the
compensation paid to the vessel. (E.N. 254; Belg. 95; Ital. 531.)
126 (351). In the event of the voyage being extended, the wages
of seamen engaged for the voyage shall be increased proportionately
to such extension. (E.N. 255; Belg. 96; Ital. 532.)
127 (352). In the event of the discharge of the vessel being voluntarily
effected in a port nearer than the port stipulated in the charterparty,
no deduction shall be made from the wages of the crew. (E.N. 256;
Belg. 97; Ital. 533.)
128 (353). Where seamen are engaged on the basis of a share in
profits or freight, no compensation or remuneration shall be due to them
for any interruption, delay or extension of the voyage due to force
majeure.
Where such interruption, delay or extension of the voyage occurs
through the act of the freighters, the members of the crew shall be
entitled to a share in any compensation or damages awarded to the
vessel. Such damages or compensation shall be divided between the
owners and the members of the crew in the same proportion as the
freight.
Where such interruption, delay or extension of the voyage is due to
the act of the master or the owners, they shall be liable for any damages
or compensation due to the members of the crew. (E.N. 257; Belg. 98;
Ital. 534.)
129 (354). In the case of capture, shipwreck, or declaration of
unseaworthiness of the vessel, seamen engaged by the month or for
the voyage shall be paid their wages up to the cessation of their services
and shall further be entitled to be repatriated at the expense of the
vessel as far as the port in which they were engaged or, at the option
of the master, shall receive equivalent compensation, unless it is proved
that they did not do all that was in their power to save the vessel.
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GREECE
In the last-named case, the Court shall decide the amount to be
deducted from the wages earned. Advances received shall not, however, be repayable.
In the event of the loss of the vessel without news, the personal
representatives of seamen engaged by the month shall be entitled to
the wages earned up to the day in respect of which the last news was
received of the vessel, and to one month's wages in addition. In the
case of engagement for the voyage, the personal representatives of
seamen shall be entitled to one-half of the wages.
Where the engagement was for the voyage out and home, one-fourth
of the whole wages shall, in the absence of agreement to the contrary,
be due where the vessel was lost on the outward voyage and threefourths where the vessel was lost on the homeward voyage. (E.N. 258;
French Act of 1885; Belg. 99; Ital. 535.)
130 (355). Seamen engaged on the basis of a share in the freight
shall receive their wages out of freight only in proportion to the amount
received by the master. (E.N. 260; Belg. 100; Ital. 536.)
131 (356). In whatever manner seamen are engaged, they shall be
paid for all such days as they are employed in salving wreckage. (E. N.
261; Belg. 101; Ital. 536.)
132 (357). Any seaman taken ill during the voyage, or taken ill
or injured in the service of the vessel, shall be paid his wages and be
treated at the expense of the vessel.
If he is taken ill or injured in the performance of any service ordered
in the interest of the vessel or the cargo, he shall be treated at the
expense of the vessel or the cargo.
Where the treatment of a seaman necessitates his being landed from
the vessel, the master shall deposit in the hands of the port or consular
authority the amount which he considers necessary for the treatment
and repatriation of the seaman.
Where in any foreign port there is no consular authority, it shall be
the duty of the master to place the seaman in a hospital or other place
in which he may be treated and at the same time to deposit the sum
above mentioned.
In no case shall a seaman so landed be entitled to expenses of treatment or wages for more than four months after landing. (E.N. 262;
Belg. 102; Ital. 537.)
133 (358). Where a seaman is injured or taken ill owing to his own
fault or while he is on shore without leave, he shall himself bear the
expenses of treatment. It shall, however, be the duty of the master
to advance the same. Where it is necessary to land the seaman, the
master shall provide for his treatment and repatriation in the manner
specified in the preceding section and shall be entitled on returning
home to the amounts expended. Wages shall be paid to the seaman
only for the time during which he was in service. (E. N. 264; Belg. 104;
Ital. 538.)
134 (359). In case of the seaman's death during the voyage, if he
was engaged by the month, his wages up to the day of his death shall be
payable to his personal representatives.
ACT RELATING TO MARITIME COMMERCE, 1910
341
Where the seaman was engaged for the voyage,.one-half of his wages
shall be payable if he dies on the outward voyage or in the port of arrival,
and the whole of his wages shall be payable if he dies on the homeward
voyage.
In the event of the seaman being engaged on the basis of a share in
profits or freight, the whole of his share shall be due in the event of his
dying after the commencement of the voyage.
The wages of a seaman who is killed while defending the vessel shall
be payable without deduction for the whole of the voyage if the vessel
reaches port in safety. (E.N. 265; Belg. 105; Hal. 539; French Act
of 1885.)
135 (360). A seaman taken prisoner on board shall receive his
wages up to the day of his imprisonment, if taken prisoner on any
expedition on shore or at sea. in the service of the vessel, he shall be
entitled to the payment of the whole of his wages.
The cargo shall contribute to such payment, if the expedition was
carried out in the interest of the cargo also. (E.N. 266-269; Belg. 106;
Ital. 540.)
136 (361). The master shall at any time be entitled to discharge
a seaman before the termination of his engagement, without being
required to prove that the seaman has been guilty of any fault, but it
shall be his duty to deliver to such seaman a certificate of discharge
in accordance with section 119 ana to provide him with the means of
repatriation or to procure him a passage on a vessel bound for his home
country.
Any seaman discharged without just cause shall be entitled to compensation in addition to payment for the services performed by him.
Where the discharge takes place in the port of engagement and before
departure, such compensation shall be equivalent to one month's
wages. Where the discharge takes place after departure or in a home
port other than the port of engagement, such compensation shall be
equivalent to forty days' wages. Where such discharge takes place
on any other part of the coast of Europe or on the coasts of Asia or
Africa washed by the Mediterranean, the Black Sea, the Suez Canal
or the Red Sea, such compensation shall be equivalent to two months'
wages, and if such discharge takes place in any other part of the world
to four months' wages.
The master shall not in any of the above-mentioned cases be entitled
to demand repayment of the amount of compensation from the owner,
unless such discharge was effected in agreement with him.
No compensation shall be payable if the seaman is discharged before
the preparation of the list of crew. (E.N. 270; Belg. 107; Ital. 542.)
137 (362). The members of the crew shall be entitled to remain
and be maintained on board until payment of their wages or the share
of profits or freight due to them. (Ital. 543.) *
138 (363). In the absence of agreement to the contrary, all members
of the crew shall continue their services after the termination of their
engagement until the vessel is in safety, discharged and cleared. They
shall be entitled to wages and maintenance during such time.
342
GREECE
If during a period of quarantine the vessel is required to undertake
a fresh voyage, any seaman not desiring to accept an engagement for
such voyage shall be entitled to be landed at the port quarantine station
and to be paid wages until the termination of the period of quarantine.
The expenses of maintenance and quarantine shall be borne by the
vessel. (Ital. 544.)
139 (364). The wages or remuneration of the master and crew shall
not be assigned or seized except for legal maintenance or for debts due
to the vessel arising out of the service on board of the persons concerned.
In the first of the above-mentioned cases, the lien on wages by way
of seizure shall not exceed one-third of the amount of the same. (Ital.
545.)
140 (365). The vessel and the freights earned during the continuance
of the engagement of the crew shall be answerable for the payment of
the wages of the crew, such liability constituting a charge by way of
privilege.
The extent of such privilege on the vessel shall be regulated in accordance with the provisions of section 14, sub-section 2. (E.N. 271;
Belg. 108.)
141 (366). All provisions relating to the wages, repatriation and
sick treatment of seamen shall be deemed to be regulations of a public
character. (Belg. 110.)
142 (367). All provisions relating to the wages, sick treatment,
and repatriation of seamen shall apply to officers and all other members
of the crew. (E.N. 272; Belg. 109; Ital. 546.)
PENAL AND DISCIPLINARY CODE OF THE MERCANTILE MARINE
343
Penal and Disciplinary Code of the Mercantile Marine1
[Dated 13 December 1923]
BOOK I
CHAPTER I. — GENERAL PROVISIONS
1. Offences committed by a Greek national or by an alien on board
a Greek vessel, or on an alien vessel which was in Greek waters at the
time when the offence was committed, shall be dealt with under the
provisions of this Code.
2. (1) The criminal offences and misdemeanours specified in this
Code shall be deemed to be seamen's offences.
(2) Any fault of commission or omission which directly or indirectly
impairs discipline on board ship shall be deemed to be a seaman's
offence against discipline.
(3) If an offence committed on board a vessel is punished under the
general criminal law as a police court offence, the provisions concerning
seamen's serious offences against discipline shall apply.
3. In cases in which a seaman's offence is punished under this Code
by detention and a fine, the magistrate may impose only one of these
penalties.
4. (1) An order may be issued by Royal Decree prescribing that all
Greek vessels or certain classes thereof shall keep a special register
called the penalty register, in which all penalties inflicted for seamen's
offences against discipline shall be entered.
(2) Where a vessel does not keep a penalty register, the ship's log
shall be utilised for the above purpose.
(3) Penalty registers shall be supplied at a cost varying according
to the class of vessel; the rate shall be fixed by the Minister and the
proceeds shall accrue to the Seamen's Invalidity Fund.
(4) In case of unjustifiable failure to keep the penalty register, the
captain shall be liable to a fine not exceeding 100 drachmai (in case
of a reception of the offence, not exceeding 200 drachmai), imposed by
sentence of the port authority.
5. The fines imposed under this Code shall accrue to the Seamen's
Invalidity Fund.
1
Extract from the Legislative Series of the International Labour Office.
See the complete law in L. S. 1923 — Gr. 5.
344
GREECE
G. In this Code the terms given below shall have the following meaning:
(a) "Minister" without further qualification shall mean the Minister
of National Economy;
(b) "captain" shall mean the captain or master, or, in default of
such person or if he is prevented from acting, the person lawfully exercising the command of the vessel ;
(c) "crew" shall mean all persons except the captain who are engaged
for services of any kind on board the vessel ;
((/) "ship's company" shall mean the captain and the crew;
(c) "persons on board" shall mean the ship's company and the
passengers ;
(/) "vessel" shall mean any vessel or floating structure except those
belonging to the Greek Navy.
CHAPTER
II. — Loss
OF CERTIFICATE OR LICENCE
7. An officer or petty officer may be deprived of his certificate or
licence either permanently or temporarily.
8. (1) A certificate or licence shall be withdrawn temporarily:
(a) on account of temporary physical incapacity;
(b) on account of a sentence imposed by a irrevocable judicial decision
for a seaman's misdemeanour;
(c) on account of any act of omission or commission which occurs
in the exercise of his duties and is contrary to the seamen's code
of honour.
(2) The period for which a certificate or licence is withdrawn temporarily shall be not less than one month and not more than two years.
9. A certificate or licence shall be withdrawn permanently:
(a) on account of permanent physical incapacity or proved professional incapacity;
(b) on account of the total loss of the vessel due to serious fault or
negligence on the part of the captain;
(c) on account of a sentence imposed by an irrevocable judicial
decision for a criminal offence;
(d) on account of a sentence of detention for not less than one year
for a seaman's misdemeanour or for theft, embezzlement, fraud,
perjury, forgery, false accusation, slander, or false statement
under affirmation;
(c) in the case of a person who has been punished twice by temporary
loss of his certificate or licence and commits for a third time an
act entailing the same penalty.
10. (1) A certificate or licence shall not be withdrawn either temporaiily or permanently except by a decision of the Minister issued after
obtaining the opinion of a court of enquiry set up in conformity with
section 11.
P E N A L AND DISCIPLINARY CODE OF THE MERCANTILE MARINE
345
(2) From the time when his case is referred to the court of enquiry
until it has been decided, the captain shall be deprived of his right to
command a vessel if the Minister so decides.
11. (1) A court of enquiry shall be set up on each occasion by a decision
of the Minister and shall consist of one senior naval officer on actual
service and two port officials, or of thiee port officials, and, in addition,
one captain of a merchant vessel and one officer or petty officer of a
merchant vessel of the same rating as the accused. In the cases specified
in section 8, subsection (1) (a), and in section 9 (a) one senior naval
medical officer shall also be a member of the court.
(2) Procedure before the court of enquiry shall be regulated by
Royal Decree.
12. (1) The decision of the court shall be subject to revision by the
Minister, but only in the direction of greater leniency.
(2) On appeal by the person concerned, and after obtaining the
opinion of another court of enquiry, the Minister may reduce the period
for which the certificate or licence is withdrawn or even cancel the
withdrawal altogether.
BOOK II. — SEAMEN'S OFFENCES
CHAPTER II. — BARRATRY
22. A captain or a member of the crew who fraudulently adulterates
the food or drink on board shall be liable (a) to detention and a fine
not exceeding 2,000 drachmai if he adulterates it with injurious substances; (b) to detention for not more than one year and a fine not
exceeding 1,000 drachmai if he adulterates it with non-injurious substances.
23. If serious illness is caused to any person by the adulteration of
the food or drink on board, the penalty of imprisonment shall be imposed, and, if death ensues, the penalty shall be a term of penal servitude, provided that the person who adulterated the food or drink caused
such death unintentionally.
CHAPTER III.
— ABANDONMENT OF POST, UNLAWFUL ABSENCE FROM
DUTY, DESERTION
26. Any member of the crew who absents himself from duty without
leave at a time when he is on watch or look-out duty on board ship
or on any other duty relating to the custody or safety of the vessel
shall be liable to detention for not more than two years, irrespective
of the duration oi his absence.
27. Any captain who without sufficient reason (a) quits the vessel
before he is replaced in the command thereof, or (b) fails to command
the vessel in person when entering or leaving harbours, ports, roadsteads,
canals or rivers, shall be liable to detention for not more than one year
and a fine not exceeding 1,000 drachmai.
346
GREECE
28. Any member of the crew who commits any of the following
acts shall be liable to detention for not more than three months: (a)
absenting himself without leave, irrespective of the duration of his
absence, at a time when he is not on duty as specified in section 26,
though deck or engine-room duties on board continue to be performed
in watches; (b) who is guilty of a single absence or of repeated absences,
irrespective of their duration, at a time when the vessel is about to sail
and in consequence duties on board begin to be performed in watches;
(c) quitting the vessel at a time when he is under arrest.
29. (1) Any member of the crew who quits the vessel without leave
from the captain, or after the unjustifiable refusal of the captain and
without the written permission of the port authorities or of the Greek
consular authorities, shall be deemed to be a deserter.
(2) A deserter shall be liable to detention for not more than six
months and a fine not exceeding 500 drachmai if the desertion occurred
within Greek jurisdiction and to detention for not more than one year
and a fine not exceeding 1,000 drachmai if desertion occurred abroad.
(3) If the deserter is an officer of the vessel, the maximum penalties
specified above shall be doubled.
30. The penalties mentioned in the preceding section shall be doubled
(a) if desertion occurred as the result of a conspiracy of two or more
persons belonging to the crew; (b) if the deserter made use of arms or
was guilty of acts of violence, blows or wounding others.
31. (1) If the deserter returns to the vessel before it sails, within
five days of his desertion in Greek jurisdiction and within two days
thereof abroad, desertion shall not be punished as a criminal offence,
but merely as a serious offence against discipline.
(2) If the deserter is arrested before the vessel sails, the captain, if
in Greece, shall have the right to require the port authorities to permit
him to take the deserter on board the vessel and, if abroad, shall be
bound to take the deserter on board and hand him over to a Greek
port authority.
(3) Persons not being seamen who connive at desertion on the part
of a seaman shall be liable to detention for not more than six months
and a fine not exceeding 500 drachmai.
32. The following persons shall be liable to detention for not more
than six months and a fine not exceeding 500 drachmai: (a) a captain
of a Greek vessel who knowingly engages a deserter from a Greek vessel ;
(b) a captain of a foreign vessel who in Greece knowingly engages a
Greek deserter; (c).any member of the crew who, having received in
the presence of the port or consular authorities an advance on his wages
or on his share in the proceeds, without lawful reason fails to take up
his duties on board.
CHAPTER IV. — INSULT, DISOBEDIENCE, MUTINY
33. (1) Any member of the crew who is guilty of the following acts
shall be liable to detention for not more than six months and a fine
P E N A L AND DISCIPLINARY CODE OF THE MERCANTILE MARINE
347
not exceeding 500 drachmai: (a) using insulting language or gestures
or threats to a superior officer; (b) refusal to obey or opposition to an
order of a captain or of an officer competent to give such order, if the
order relates to the performance of deck or engine-room duties by the
person who so refuses to obey or who opposes such order.
(2) If the person guilty of such contravention is an officer or boatswain
the maximum penalty shall be doubled.
34. Any person on board a vessel who is guilty oi acts of violence
towards the captain shall be liable to detention for not more than one
year and a fine of not more than 1,000 drachmai.
35. Members of the crew who without opposing a formal order from
the captain combine to refuse to obey instruction with regard to the
performance of duties shall be liable to detention lor not more than
one year.
36. Members of the crew who, after receiving a formal order from
the captain, combine to refuse to obey instructions relating to the
performance of duties shall be liable to detention for not less than
one year (in the case of officers and the leaders of such a combination
not less than two years).
37. (1) Persons on board a vessel who combine to commit an act
of violence under arms on board, or who, without using arms, mutiny
against the authority of the captain or refuse to obey his formal orders,
shall be liable to imprisonment.
(2) If the leaders of the mutiny are officers of the vessel or persons
not belonging to the crew, the leaders shall be liable to a term of penal
servitude and all the others to imprisonment.
(3) tn the circumstances mentioned above the captain and those
who co-operate with him shall in resisting the guilty persons be deemed
to be acting in lawful self-defence.
38. If two or more persons on board a vessel conspire together against
the person, the health, the personal freedom or the authority of the
captain, they shall be liable to imprisonment if they are officers or
boatswains, whereas other persons shall be liable to detention for not
less than two years.
39. If the acts of disobedience specified in section 33, subsection (1) (b),
and in section 35 are committed in a Greek port during the period
between the cessation of the division of duties into watches and the
resumption thereof, the maximum penalty shall be reduced by half.
CHAPTER V. — OTHER OFFENCES RELATING TO SERVICE ON BOARD
THE VESSEL AND THE SHIPPING REGULATIONS
40. (1) A captain or officer or boatswain oi a vessel who is guilty
of the following offences shall be liable to detention for not more than
six months and a fine of not more than 500 drachmai: (a) abusing his
authority or ordering, permitting or tolerating an abuse of authority
towards any person on board the vessel; (b) using abusive language,
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GREECE
gestures or threats towards any member of the crew; (c) without lawful
cause as specified in section 78, subsection (3), using violence personally
or through another person in the performance of his duties.
(2) In the cases mentioned in the preceding subsection the maximum
limit of the penalty shall be doubled if the victim is a ship's boy.
41. Any person on board a vessel who in Greek territory fails to
comply with the rules and regulations of the port authorities respecting
the maintenance of public order in ports and roadsteads and on the
coast, or concerning shipping regulations, shall be liable to detention
for not more than six months and a fine not exceeding 500 drachmai.
44. (1) Any captain who (a) leaves a sick or injured member of the
crew abroad without making provision for the care of such person and
his repatriation, or (b) leaves behind abroad a sick or injured passenger,
except at his place of destination, without notifying the consular or
local authorities, shall be liable to detention for not more than six
months and a fine not exceeding 500 drachmai.
(2) Any captain who engages or discharges a member of the crew
without seeing that the necessary entry is made in the list of the crew,.
shall be liable to detention for not more than six months and a fina
not exceeding 500 drachmai.
(3) The same penalty shall be imposed in case of failure to enter
the name of a passenger in the passenger list.
(4) If a passenger who has embarked clandestinely is liable to compulsory military service, or is being prosecuted for a criminal offence,.
the captain responsible, and all persons (on board the vessel or not)
who aided or abetted the bringing of the said passenger on board, shall
be liable to detention for not less than two years.
45. A captain who undertakes a voyage without having the proper
complement on board, and thereby endangers the safety of the vessel,
shall be liable to detention for not more than one year and a fine of
not more than 1,000 drachmai.
46. A captain who, without adequate reason, refuses or neglects
(a) to hold a preliminary enquiry in case of a criminal offence or misdemeanour committed on board the vessel; (b) to hold a preliminary
enquiry or to collect proofs or to secure the transport of the accused
person if so requested by the competent authority; (c) to hand over
to the competent authority the record of the preliminary enquiry or the
person of the accused; (d) to comply with a request of the competent
authorities respecting the repatriation of Greek seamen; (e) to keep
the registers of births, deaths, and marriages or of wills or other documents and records required by the laws in force; (/) to keep up to date
the ship's logs and the penalty register, shall be liable to detention
for not more than six months and a fine not exceeding 500 drachmai.
47. The following persons shall be liable to detention for not more
than one year and a fine not exceeding 1,000 drachmai: (a) a captain
who facilitates by his consent the taking over of the naval command
of the vessel by an unauthorised person; (b) any person who undertakes the command of the vessel or any other duties on board though
not qualified to do so, and the shipowner if he is accessory thereto.
P E N A L AND DISCIPLINARY CODE OF THE MERCANTILE MARINE
349
48. Any person on board a vessel who, without the knowledge of the
.shipowner, attempts or undertakes smuggling or any other act which
would entail a penal sentence on the shipowner or the confiscation
of the vessel, shall be liable to detention, without prejudice to the
imposition of the penalty for smuggling.
49. The following persons shall be liable to detention for not more
than six months and a fine not exceeding 500 drachmai: (a) any person
on board a vessel who brings on board or facilitates the bringing on
board of alcohol or spirituous liquors without the permission of the
captain; (b) any captain who brings on board or causes or permits to
be brought on board alcohol or spirituous liquors intended for consumption on board in quantities exceeding the customary quantities
allowed; (c) any captain or any member of the crew who is drunk during
his turn on duty.
50. A captain of a Greek vessel who (a) engages Greek citizens who
are not registered, or (b) fails to return to a discharged seaman his
seaman's book, shall be liable to detention for not more than one month
and a fine not exceeding 200 drachmai.
51. (1) Any person who embarks on a vessel to go to a foreign country,
or who brings on board merchandise for transport to a foreign country,
without the knowledge of the captain and without paying the fare or
freight, shall be liable to imprisonment for not more than two months,
or, if he embarks or brings merchandise on board for transport to a
Greek port, to a fine not exceeding 100 drachmai.
(2) In the cases specified in the preceding subsection the captain
shall be entitled to put such á passenger ashore and to unload the
merchandise in any port whatevei it the fare or freight is not paid.
(3) The penalty shall be cancelled on the payment of the tare or
freight.
52. (.1) A captain who (a) on arrival in a Greek port or in a foreign
port where there is a resident Greek consul, fails to submit the ship's
log, the list of the crew and the penalty register at the office of the port
or consular authorities, or (b) on arrival in a foreign port or roadstead
fails to report to a vessel of the Greek Navy exercising inspection, shall
be liable to a fine not exceeding 1,000 drachmai.
(2) The same penalty shall be imposed on any captain who unlawfully defers the payment to any member of the crew of the wages due
to him, or of the cost of attendance during illness or of repatriation,
unless the said payment is deferred by the written instructions of the
owner, in which case the latter only shall be liable to the abovementioned penalty and the captain shall be exempt therefrom.
(3) The contraventions mentioned in subsection (1) shall not entail
a penalty if the stay of the vessel in the port or roadstead lasted less
than twelve hours.
55. (1) Any member of the crew (except the captain, the officer of
the watch or the pilot) who, without fraudulent intent, during the
performance of his duties is guilty of unjustifiable carelessness, inattention or any other act of omission in the performance of his duties,
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GREECE
which causes a collision or causes the vessel to run aground or strike
some visible or known obstacle, or causes serious damage to the vessel
or its cargo, shall be liable to detention for not more than six months
and a fine not exceeding 500 drachmai.
(2) II, as a result of the contravention, the vessel is lost or becomes
totally unseaworthy, or if the cargo is totally destroyed, or if any person
suffers serious injury or dies, the guilty person shall be liable to detention
for not more than one year and a fine not exceeding 1,000 drachmai.
57. A captain who (a) in case of danger abandons the vessel during
a voyage without consulting the officers and the representative members
of the crew, or (b) in case of danger or when abandoning the vessel fails
to save the crew, the passengers, any ship's papers which can be saved,
the mails, and the most valuable articles of the cargo, or (c) if obliged
to abandon the vessel, is not the last person to leave it, or (d) fails to
assist any person in danger at sea when it was in his power to do so
without risk to the vessel, crew or passengers, shall be liable to detention
for not more than two years and a fine not exceeding 2,000 drachmai.
BOOK ITI. — PROVISIONS RELATING TO LEGAL PROCEDURE
61. Examinations and trials for misdemeanours and criminal offences
committed on a Greek vessel shall be conducted in conformity with the
provisions of the general criminal law, save in so far as these are amended
by sections 62-75 of this Code.
62. Any sentence imposed on an officer or petty officer for a criminal
offence or misdemeanour shall be reported to the Ministry, and an
extract of the sentence shall be forwarded at the same time.
63. The port authorities, the Greek consular authorities, officers
commanding vessels belonging to the Greek Navy, the mercantile
marine inspectors and the captain of the merchant vessel shall act
as examining officers, and shall be competent to hold a preliminary
enquiry, acting either ex officio or on a charge laid, in respect of offences
committed on board a vessel; such enquiry shall be conducted in conformity with the provisions of the criminal law respecting preliminary
enquiries.
64. I n a foreign country the authorities competent to hold an enquiry
under the preceding section, when a seaman's offence on board a Greek
vessel is brought to their notice, shall proceed, acting either ex officio'
or on a charge laid, to hold a preliminary enquiry on oath in conformity
with the following provisions.
65. If the vessel is shortly to put in at a Greek port, the examining
authority which has dealt with the matter shall have power to order
the detention of the accused on the vessel pending trial, and the deletion
of his name from the list of the crew if he is a member of the crew. The
captain shall have power to order the suspension of such preliminary
detention at any time during the voyage.
P E N A L AND DISCIPLINARY CODE OF THE MERCANTILE MARINE
351
66. (1) The record of the proceedings, enclosed in an envelope and
sealed, shall be given to the captain by the authority which conducted
the preliminary enquiry, to be transmitted by the captain to the port
authorities on the arrival of the vessel in a Greek port. The captain
shall also hand over to the same authority the record of the preliminary
enquiry conducted by him.
(2) The port authority mentioned in the preceding subsection shall
hold a supplementary preliminary enquiry.
67. (1) If the vessel is not about to put in shortly at a Greek port,
the authority which conducted the preliminary enquiry may order
the detention of the accused on the vessel pending trial, or even on
land in the case of a consular authority, and the deletion of his name
from the list of the crew if he is a member of the crew. At the same time,
the said authority shall take the necessary steps for the conveyance
of the accused, whether under detention, or not, as soon as possible
to a Greek port, by a vessel belonging to the Navy, or a merchant vessel,
which shall be bound so to transport him.
(2) The record of the proceedings, enclosed in an envelope and sealed,
shall be handed over by the authority which conducted the preliminary
enquiry to the captain of the vessel to which the accused is handed
over for conveyance, and on the arrival of the vessel in a Greek port
shall be transmitted by the captain to the port authority, which shall
have power to institute a supplementary preliminary enquiry.
(3) If the accused fails to appear, the examining authority dealing
with the matter shall be bound to submit the record of the proceedings
to the Ministry, which shall apply the provisions laid down in section
68, subsections (2) and (3), and shall refer the matter according to circumstances to the competent public prosecutor.
68. (1) When the vessel arrives in a Greek port, the captain of the
vessel which has the accused on board shall hand him over to the port
authority.
(2) The port authority, if satisfied that the act was merely an offence
against discipline, shall impose a disciplinary penalty, and shall refer
the matter to the public prosecutor for the courts for the trial of misdeameanours of the district in which the harbour offices are situated, and
shall also notify the person who brought the charge, if a charge was
brought. If the act constitutes a misdemeanour or a criminal offence,
the port authority shall refer the case to the public prosecutor, and shall
hand over the accused to him.
(3) If the port authority decides that there is not sufficient evidence
that a seaman's offence or an offence against discipline has been committed, it shall as soon as possible notify the person who brought the
charge (if any), and shall refer the matter to the public prosecutor.
(4) Except in cases where the accused performs services on the vessel
on which he is transported, the cost of his transport and maintenance
on any ship other than that to which he belongs shall be defrayed from
public funds on the basis of the scales in force, but shall be charged by
the judicial decision to the cost of the person sentenced.
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GREECE
69. (1) In a Greek port, the port authority, when a seaman's offence
committed on a Greek vessel is brought to its notice, shall, ex officio
or acting on a charge laid, proceed to hold a preliminary enquiry.
(2) The provisions of subsections (2) and (3) of section 68 shall apply
also to the preliminary enquiry referred to in the preceding subsection.
70. (1) If a misdemeanour or criminal offence, not being a seaman's
offence, is committed on a Greek vessel, the provisions of the following
subsections shall apply.
(2) The court in the first Greek harbour at which the vessel calls
after the commission of the offence shall have jurisdiction.
(3) The captain shall be bound to institute a preliminary enquiry
immediately.
(4) The preliminary enquiry shall be conducted in co-operation with
another officer of the vessel, if there is another officer.
(5) The captain shall have power to order the detention of the accused
on the vessel pending trial, and also the deletion of his name from the
list of the crew if he is a member thereof.
(6) The accused shall be handed over by the captain if in Greece to
the port authority of the first Greek port at which the boat normally
touches, or if in a foreign country to any vessel belonging to the Greek
Navy which he may meet, or to a Greek consular authority.
(7) The record of the preliminary enquiry shall also be handed over
by the captain to the same authorities.
(8) The authorities which have received the record shall hold a supplementary preliminary examination, and shall hand over the accused
to the competent public prosecutor, together with all records of the
case. In a foreign country the said authorities shall further take the
necessary steps for the conveyance of the accused, under detention or
not, as soon as possible to a Greek port, by a vessel belonging to the
Navy or a merchant vessel, which shall be bound to convey the accused,
and for his transfer to the custody of a port authority, which shall
arrange for his further transfer to the competent public prosecutor.
71. (1) In a Greek port whenever an offence, whether a seaman's
offence or not, committed on board a vessel by the captain or with his
co-operationj is brought to the notice of the port authority, it shall,
ex officio or acting on a charge laid, proceed to hold a preliminary enquiry.
In the case of a seaman's offence, the provisions of section 68, subsections
(2) and (3), shall apply, and in the case of a general offence, the case shall
be referred to the competent public prosecutor and the accused placed
in his custody.
(2) If the offence mentioned in the preceding subsection was committed abroad, the Greek consular authority and the officers commanding vessels belonging to the Navy shall proceed to hold a preliminary enquiry on oath.
(3) The charges brought, the statements made and all other documents
shall be despatched by the authority conducting the said preliminary
enquiry in a sealed packet to the Minister, who shall transmit such
documents to the competent public prosecutor.
P E N A L AND DISCIPLINARY CODE OF THE MERCANTILE MARINE
353
(4) If necessary on account of the gravity of the offence, or for the
safety of the vessel or of the persons on board, the authorities mentioned in subsection (2) shall have the right to order the detention of
the accused captain pending trial and his conveyance by a vessel belonging to the Greek Navy or a merchant vessel to a Greek port, and shall
at the same time take suitable steps for his substitution, in agreement
as far as possible with the shipowner.
(5) The provisions of section 68, subsections (1) and (4), shall apply
in this case also.
(6) The port authority to which the accused captain is handed over
shall send the record of the preliminary enquiry conducted by it to
the competent public prosecutor, together with the person of the accused, and shall report the circumstances to the Ministry.
72. (1) If an offence mentioned in sections 41 and 54-56 is attributed
to one or more persons belonging to the ship's company of a foreign
ship, the Greek port authorities may, if necessary and subject to the
relevant provisions of the general law, detain the vessel until security
has been deposited with the Seaman's Invalidity Fund as a guarantee
of the carrying out of any sentence which may be imposed; the port
authority shall fix the amount of the security.
(2) In case of failure to carry out the sentence, the security shall
accrue to the Seaman's Invalidity Fund after deduction of the costs
and of damages.
73. In addition to the preliminary enquiries conducted by the authorities mentioned in section 64, the public prosecution authorities
shall have the right to prosecute, either ex officio or on a charge laid,
in the case of any offence committed on board ship.
74. The court of the district in which the port of registry of the vessel
is situated shall be competent to try seamen's offences committed
on board; the court of the first Greek port at which the vessel calls
after the commission of the offence, or the court of the district of thè
port authority which referred the case to the public prosecutor, in
conformity with the provisions of sections 68, 69, and 71, subsection (1),
shall also be competent.
75. (1) Any sentence prescribing detention on a vessel pending trial
shall be entered in the ship's log, and the entry shall be signed by the
captain.
(2) If the accused is detained abroad pending trial, the period of
such detention and any time spent on the vessel bringing him to Gre ecè
shall be deducted from the period to which he is sentenced.
(3) The records of all preliminary enquiries held on board shall, be
drawn up in duplicate; one of the originals, together with copies of
the charge and of other documents relating to the preliminary enq'ui ry,
shall be kept on board.
23
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BOOK IV. — DISCIPLINARY PROVISIONS
CHAPTER I. — DISCIPLINARY POWERS OF THE CAPTAIN
76. (1) The captain shall have disciplinary powere over all persons
on board the vessel.
(2) The captain shall have the right to delegate the exercise of his
disciplinary powers to the first deck officer and to the chief engineer,
as far as concerns persons belonging to their respective services.
77. Every member of the crew shall be bound to be sober at all
times, to conduct himself properly towards all, and to show respect
to the captain and his superior officers, and to carry out promptly all
their orders relating to his duties on board, and at the request of the
captain to communicate to him truthfully any information in his possession relating to service on board the vessel.
78. (1) The captain shall have the right to take any measures in
respect of any person on board which may be necessary for the maintenance of order or for the safety of the vessel.
(2) Nevertheless, the captain shall not have the right to impose.
a fine or to order a reduction in rations for more than five days, or
confinement for more than four days, or imprisonment or corporal
punishment, either as a penalty or as a means of coercion with these
objects in view.
(3) By way of exception, in case of resistance or persistent disobedience, the captain shall have the right to use physical force, and, if
necessary, to place any person who resists or is persistently disobedient
in confinement or in irons for the duration of the voyage.
(4) The captain shall have the right to require the assistance of all
persons on board in the carrying out of the above measures.
(5) The measures taken and the circumstances justifying them shall
be entered in the ship's log.
(6) A person deprived of his liberty by order of the captain in the
cases mentioned in subsections (2) and (3) shall be brought on deck
twice a day for one hour on each occasion.
CHAPTER
II. — OFFENCES
AGAINST
DISCIPLINE
79. (1) Breaches of discipline (offences against discipline) shall be
punished in accordance with the provisions of this chapter.
(2) Members of the crew who are punished by confinement or arrest
on board shall be brought on deck twice a day for one hour on each
occasion.
80. (1) The following shall be deemed to be minor offences against
discipline :
(a) disobedience to any service instructions not accompanied by
opposition to the categorical command of a superior given before
witnesses;
PENAL AND DISCIPLINARY CODE OF THE MERCANTILE MARINE
355
(b) drunkenness on board ship without disorderly conduct and when
not on duty;
(c) voluntary absence from the ship without leave for not more than
six hours;
(d) brawling, if not accompanied by acts of violence ;
(e) any other breach of discipline not constituting a serious offence
against discipline.
(2) The following punishments shall be imposed for minor offences
against discipline:
(a) a reprimand;
(b) confinement for not more than four days without release from
duties.
81. An officer shall be confined in his cabin, if he has a cabin for his
private use; otherwise, as in the case of other members of the crew,
in a part of the vessel designated by the captain.
82. If a minor offence against discipline comes to the knowledge
of the captain in any way whatever, he shall within 24 hours summon
the offender to explain in private, after which he may impose one of
the disciplinary penalties specified in section 80.
83. (1) The following shall be deemed to be serious offences against
discipline :
(a) a minor offence against discipline committed for the second time
within two months of the first in the case of officers, and within
one month in the case of other members of the crew;
(b) failure to comply with any service instructions, combined with
refusal to obey a categorical order of a superior officer given
before witnesses, except in the cases mentioned in subsection
(1) (b) of section 33;
(c) drunkenness on board combined with disorderly conduct and
when off duty;
(d) manifestation of lack of respect towards a superior officer;
(e) neglect while on the watch, particularly if the steersman, the
look-out man or the person attending to the engines falls asleep ;
(/) lighting a fire without permission or smoking in a part of the
vessel in which smoking is forbidden by the regulations or by
order of the captain;
(g) voluntary absence from the vessel without leave for more than
six hours;
(h) a theft or the wilful destruction of property of another person
not exceeding 100 drachmai in value, where penal proceedings
are not considered necessary;
(i) the leaving by a person under sentence of confinement of the
place where he is confined, without justifiable reason;
(/') unjustifiable delay in the payment of wages or sickness and
repatriation allowances to a member of the crew;
(k) any breach of discipline liable to punishment as a police court
offence under general criminal law.
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(2) A third or subsequent serious offence against discipline committed
during the same engagement shall be deemed to be a misdemeanour,
and shall be punished by detention for not more than six months.
(3) A minor offence against discipline which is deemed to be a serious
offence under subsection (1) (a) of this section shall not constitute a
misdemeanour.
84. (1) The penalties inflicted for serious offences against discipline
shall be the following:
(a) a fine exceeding 50 drachmai in case of subordinate officers or
seamen, and not exceeding 100 drachmai in the case of officers
and 300 drachmai in the case of a captain ;
(¿>) arrest for not less than four and not more than ten days;
(c) separate confinement for not more than five days.
(2) If the same person commits a serious offence against discipline
for the second time within two months during the same engagement,
the maximum limit of the above penalties shall be doubled.
(3) Persons sentenced to separate confinement shall not be entitled
to their pay while serving their sentence.
(4) Persons under arrest on the vessel shall be confined under the
conditions laid down in section 81.
85. (1) Serious offences against discipline shall be tried in Greece
by the port authorities, and abroad by the consular authorities of the
port in which the offence was committed, or the first port of call of the
vessel after the commission of the offence.
(2) In default of port or consular authorities in the port referred to
in the preceding subsection, serious offences against discipline shall
be tried by a commanding officer of any vessel belonging to the Greek
Navy anchored in the port, In default of such vessel they shall be tried
in Greece by the local magistrate.
86. (1) In the case of a serious offence against discipline the captain
shall hold a preliminary enquiry, either ex officio or on a charge laid;
he may delegate the conduct of the enquiry to an officer.
(2) Minutes shall be taken of the preliminary enquiry, and shall
include the depositions of the persons examined and the defence of the
accused.
(3) The minutes shall be read to the witnesses and to the accused,
and shall be signed by the person conducting the enquiry, by the witnesses and by the accused; in case of refusal or inability to sign, mention
of this fact shall be made in the minutes.
(4) The minutes shall be submitted by the captain to the authority
competent under section 85.
87. (1) The authorities mentioned in section 85, on receipt of a charge
laid respecting the commission of a serious offence against discipline
or acting ex officio, shall at once summon and examine in succession
the captain, the witnesses (if any) and finally the accused.
(2) The accused shall have the right to be represented by counsel,
whether a trained lawyer or not.
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357
(3) After hearing the defence of the accused, the authority mentioned
in section 85 shall pronounce sentence, specifying the penalty imposed
and the reasons therefor.
(4) The sentence shall be entered in the penalty register of the vessel.
(5) Sentences imposing a disciplinary penalty for serious offences
against discipline shall be subject to revision by the Minister on the
application of the person sentenced; the application shall be forwarded
through the authority which imposed the penalty within five days of the
notification of the sentence.
(6) A demand for revision of the sentence shall not have suspensory
effect.
(7) The Minister, by a decision giving reasons therefor, shall confirm,
cancel or modify the penalty, and may, if he thinks fit, order a fresh
enquiry.
(8) An appeal against the decision of the Minister may be lodged
within a period of six months with the Council of State.
88. (1) At sea and in ports where the authorities mentioned in section
85 are wanting, the captain, after holding the preliminary enquiry
mentioned in section 86, may impose a penalty of arrest for not more
than four days, provided that he deems this necessary for the maintenance of discipline on board.
(2) The penalty laid down in the preceding subsection shall be entered
in the ship's log and shall be provisional, but the part which has been
served shall be deducted from the duration of the penalty, if it is confirmed in conformity with provisions of section 87.
89. (1) Sentences imposed for an offence against discipline shall not
preclude prosecution for a seaman's offence.
(2) The acquittal of a person prosecuted for a seaman's offence shall
not preclude the bringing of a charge for an offence against discipline.
(3) An action shall not be brought in respect of a serious offence
against discipline more than one year after the commission of the
offence.
(4) Disciplinary penalties which have been imposed shall lapse two
years from the date on which they were imposed.
BOOK V. — FINAL PROVISIONS
90. (1) The period of operation of this Code shall be fixed in conformity with the provisions relating to the period of operation of the
penal laws and the Penal Procedure Code.
(2) This Code shall come into operation on 1 January 1924.
RO UMANI A
In Roumanian maritime law can be traced the influence of French
and Italian law, the principles of which form the basis of Roumanian
legislation relating to maritime trade. The new Commercial Code,
which contains the provisions concerning articles of agreement and
discharge of seamen (Book II), was an adaptation, not to say a
translation, of the Italian Commercial Code (1 January 1883).
Roumanian law has also been influenced by German and Belgian
legislation, as the excerpts from the Roumanian Commercial Code
published in this volume testify. The Commercial Code, however,
was amended in 1895, 1900, 1902, and 1906 with a view to adapting
its provisions more closely to Roumanian custom.
Extracts from the law on the organisation of the mercantile marine
containing the disciplinary provisions and penalties applicable
in case of breach of the articles of agreement are also given in the
following pages.
Roumania ratified on 8 May 1922 the Genoa (1920) Convention
"fixing the minimum age for the admission of children to employment
at sea", and on 18 August 1923 the Geneva (1921) Conventions
"fixing the minimum age for the admission of young persons to
employment as trimmers or stokers" and "concerning the compulsory
medical examination of children and young persons employed at
sea".
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ROUMANIA
Commercial Code
BOOK II
PART I. — SHIPS AND THEIR OWNERS
501. The shipowners are responsible for the actions of the master
and crew, as well as for all contracts made by the master regarding
the vessel and the expedition. Nevertheless, an owner or partner
who has not any personal obligation can in any case, by the abandonment
of the vessel or the freights which are or may become due to him, free
himself of the obligations and responsibilities mentioned above, with
the exception of those relating to the pay and the food of the crew.
When the master owns or has a share in the vessel he has not the
right to abandon it; if he is only a partner, then in the absence of any
special agreement he is only responsible in proportion to his own share
for the accomplishment of the obligations contracted regarding the
vessel and the expedition.
504. The owner may dismiss the master. In this case no compensation is due unless it is specified in the agreement. If the dismissed master
has a share in the vessel he can give up his share and demand repayment
of the capital it represents.
The amount of his capital must be determined by valuation.
PART II. — THE MASTER
506. The master or the owner in command of a vessel is responsible
for all errors, including slight ones, committed while on duty.
The responsibilities of the master in the cases provided for in the
present Code only cease if it is proved that he has been prevented from
fulfilling them by unforeseen events or force majeure.
509. The master has the right to engage men for the crew and fix
their wages, but he is obliged to consult the owners if they are resident
in the same port.
510. The master is obliged to keep a log-book divided into four parts
as follows:
General register and account book;
Log of navigation;
Register of lading or cargo register;
Ship's inventory.
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The log cannot be used until every page has been numbered and
visaed by the officials specially appointed for the purpose. It must
be kept in accordance with section 29, and the following rules must be
observed :
In the general register and account book must be entered everything
which relates to the obligations of the master towards the crew and
passengers, the cargo taken on board, important events which occur
during the voyage and the decisions reached, the receipts and expenditure
of the ship, and in general anything which affects the interests of the
owners, ship's managers or charterers, or which may give rise to an
obligation or to a suit at law, apart from the special entries which have
to be made in the other parts of the log.
The log of navigation must state the course followed, the distance
covered, the manoeuvres, the geographical, meteorological and astronomical observations, and everything relating to navigation.
The register of lading or cargo register must contain the date and place
of embarkation, the nature, quality and quantity of the goods, their
destination, the names of the sender and receiver, the place and date
when the goods were delivered, and everything relating to the cargo.
The ship's inventory must specify all the tackle and equipment
and all objects on board as well as any alterations in them.
Regulations concerning the uniform method of keeping the log-book
and its parts, as well as the checking of the inventory in accordance with
maritime law, are laid down in a special order promulgated by Royal
Decree.
511. No log need be kept in the case of navigation on rivers or lakes,
and for vessels with a capacity of less than 50 tons when they are not
proceeding further than to the coasts of the Black Sea, Odessa, or
Constantinople.
512. The master must have his ship inspected in the cases and
in the manner prescribed by special legislation and regulations.
Before setting out he must assure himself that the ship is in a seaworthy condition, and that it is properly loaded or provided with the
necessary ballast.
513. The master must have on board :
(1) The certificate of nationality;
(2) The list of crew;
(3) The bills of lading and charterpartics ;
(4) The certificate of, inspection;
(5) The receipts for the payment of customs dues or the documents
relating to such payment.
514. The master must himself command the ship when entering
and leaving ports, roadsteads, canals, and rivers.
He must take on board an experienced pilot at the expense of the
ship whenever this is required by national law or by regulation, or
even if only required by custom in a foreign country.
524. A master who is engaged for a voyage must accomplish it,
otherwise he is liable to pay compensation and damages to the owners
or charterers.
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If the vessel is declared unseaworthy, the master must do his best to
procure another vessel on which the cargo can be transported to its
place of destination.
525. A master who is in command of a ship and has a share in the
profits of the cargo may not carry on any commercial operations on his
own account unless otherwise specified in the agreement.
In case'of breach of the above regulation the goods embarked by the
master on his own account become the property of the other partners.
526. On arrival at the port of destination, both on the voyage out
and on the voyage home, or at any place where he takes refuge either
voluntarily or under compulsion, as well as in the case of shipwreck,
the master must ask the competent public authorities to visa his log.
If any extraordinary events have happened to thè vessel affecting
the goods or persons on board, the master must, in addition to carrying
out the duties imposed on him by the Commercial Code and the regulations relating to the mercantile marine, also submit a special report.
The report must state the date and place of departure, the course
followed, the dangers encountered, any disorders on board, and in
general all the important events of the voyage.
527. The report must be made immediately, and at least within
twenty-four hours of the time when the ship arrives or takes refuge.
It must be handed to the President of the Court or the district magistrate if the ship arrives or takes refuge in a Roumanian port, and to the
consular authorities, or in their absence the local authorities of the
foreign country, if the vessel arrives or takes refuge in a foreign port.
When the report is made in the home country, it must be deposited
among the records of the competent court ; for this purpose the magistrate
must at once forward it to the President of the Court.
528. The President of the Court, the district magistrate or the consul
must, on receiving the report, verify the facts stated in it by specially
interrogating the members of the crew, and if possible the passengers,
in the absence of.the master and separately from one another. The
answers must be recorded in writing. All other investigations which
may be useful in discovering the truth must be carried out by all means
allowed by law.
The verification must be made as soon as possible, and the day fixed
for it must be made known by a notice posted up on the door of the
office at which the report is made, and at the office of the financial
authority nearest to the place at which the ship is anchored, and at any
other place which may be thought desirable.
The investigation may be attended by the persons concerned and by
all those who desire to present observations, even if not specially authorised.
The reports of the proceedings must be attached to the master's
report.
The information contained in the report can be refuted by proof to
the contrary.
529. Reports which have not been verified cannot be accepted as
discharging the master from his responsibility, and cannot be accepted
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363
as proofs in a court of justice unless the master is the only person who
escapes from the wreck and reaches the place where the report is made.
530. Except in urgent cases a master may not unload any cargo
from the ship until his report has been made and verified.
PART JIT. — SIGNING ON AND WAGES OF THE CREW
531. The crew is composed of the master or skipper, the officers, the
seamen and the workers included in the list of crew drawn up in the
form prescribed by the regulations on the subject, as well as the engineers,
stokers, and all other persons engaged in any capacity in connection
with the engines of steamships.
The list of crew must show the wages or share of profits due to the
crew. The other conditions of engagement must be stated in the
articles of agreement.
532. The articles of agreement must be drawn up in writing, must
be witnessed by the maritime authorities in the home country or by
the consular authorities abroad, and must be entered in the register
of the maritime authorities and in the ship's log.
If any person is signed on in a foreign country where there is no
Roumanian consular authority, the agreement is only recorded in the
ship's log.
The agreement must in every case be signed by the master and by the
person signed on; or if the latter cannot write or is prevented from signing
it must be signed by two witnesses.
Agreements which are not drawn up in this form are null and void.
The above conditions are not necessary for articles of agreement in
the cases mentioned in section 511.
533. The articles of agreement must clearly and definitely state the
length of time and the voyage for which they are concluded.
In view of commercial speculations the destination and the route
may be kept secret; in this case, however, the crew must have been
informed and must have consented to sign on under these conditions.
Their consent must be given in writing in the form prescribed in the
preceding section.
534. Any person who signs on is obliged to continue his services even
after the time specified in the agreement has expired, until the ship
reaches its destination in the home country, subject to the condition
that the return journey is made directly and without any unnecessary
delay. In this case the seamen whose period of service is prolonged is
entitled to a gratuity in proportion to his wages.
The agreement is in all cases deemed to have expired even if the period
mentioned in it has not expired, when the vessel has returned to its port
of destination in the home country after its first voyage and has been
unloaded.
535. If the period of the agreement is not fixed, the seaman can ask
for his discharge two years after he was signed on, subject to the provisions of the preceding section. If the ship is in a foreign port and the
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return journey to the home country has neither been begun nor arranged,
the seaman can claim, in addition to the wages due to him, the expenses
of his return journey home, unless the master can embark him on another
vessel.
A seaman cannot demand his discharge in a port which is not the port
of destination.
Agreements for an indefinite period and for all voyages to be undertaken do not deprive the seaman of his right to demand his discharge
after two years, unless it is expressly agreed that service is to continue
for a longer period than two years.
536. When the agreement expires, the master must give each seaman
a certificate of discharge.
The certificate must mention the name and nature of the vessel,
the full name of the master and the period of service. A copy of it
must be entered in the ship's log.
If for any reason the master himself cannot draw up the document,
it must be written in his presence by his assistant or deputy, and must
be signed by two witnesses.
537. The master and the crew may under no pretext take goods on
board on their own account without the permission of the shipowners
and without paying freight, unless they are expressly allowed to do so
by the conditions of their agreement.
538. Members of the crew engaged monthly are, unless otherwise
agreed, entitled to wages from the day on which they sign on.
539. If the voyage is stopped through the fault of the owner, the
master or the charterer, the crew engaged for the duration of the voyage
or per month are entitled to their wages for the days they have served
and may keep any advances made to them as compensation. If they
have received no advances the seamen engaged per month receive a
month's wages as compensation, and those who were engaged for the
whole journey receive a sum corresponding to a month's wages calculated
according to the probable duration of the voyage. If the probable
duration of the voyage is not more than a month, they receive the whole
of the wages agreed upon. If the voyage is stopped after the vessel
has sailed:
(1) the seamen engaged for the whole voyage are entitled to the
. full wage agreed on;
(2) the seamen engaged per month are entitled to their wages for the
time they have served, and in addition to suitable compensation
in proportion to the probable duration of the rest of the voyage
for which they were engaged;
(3) the seamen engaged for the whole voyage and thos3 engaged
per month are also entitled to the expenses of their return journey
to the place from which the ship started, unless the master or
some other person concerned or the competent authorities can
provide them with a passage on another ship which is going to
that place.
540. If trade with the place of destination of the ship is prohibited,
or if the ship is stopped by order of the Government before it sails, the
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365
seamen are only entitled to their wages for the days which they have
already served.
541. If trade is prohibited or if the ship is stopped in the course of
the voyage:
(1) in the case of a prohibition of trade the seamen are entitled
to their wages for the time they have served;
(2) in the case of stoppage of the ship the seamen engaged per month
are entitled to half pay for the whole period during which the
ship is stopped, and those engaged for the whole voyage are
entitled to the wages agreed upon in the articles of agreement.
If compensation is granted in the case of prohibition of trade or for
the stoppage of the ship the seamen engaged per month receive the
remainder of their wages, and those engaged for the whole voyage
receive extra wages proportionate to the time for which the vessel was
detained. In no case, however, may the compensation paid to all the
seamen exceed one-third of the compensation granted to the ship.
542. If the voyage is prolonged the wages of seamen engaged for
the whole voyage are proportionately increased.
543. If the ship is unloaded by agreement in a port less distant
than that specified in the articles of agreement, no deduction is made
from wages.
544. Seamen engaged on the basis of a share in profits or in freights
are not entitled either to payment for the days they have served or to
compensation if the voyage is delayed or prolonged by unforeseen
events or force majeure.
If the voyage is prevented, delayed or prolonged by the fault of the
charterer, then the crew is entitled to a share in the compensation
granted to the ship. The compensation is divided between the shipowners and the crew in the same proportion as the freights were to
be divided between them.
If the delay is due to the fault of the master or shipowner, they
must pay the compensation due to the crew.
545. If the ship is captured or destroyed or is wrecked with total
loss of ship and cargo, the seamen are not entitled to any wages.
Nevertheless, they need not repay any advances they have received.
546. If part of the vessel is saved the seamen engaged for the whole
voyage or per month are paid for the time they have served out of the
part of the ship saved or out of what is saved from- the capture.
If the articles saved or recovered are not sufficient or if the cargo only
is saved or recovered, the seamen are paid out of the freight money.
Seamen engaged on the basis of a share fn freights are paid in proportion to the profits derived from the cargo.
Seamen, irrespective of the conditions under which they were engaged,
are entitled to payment for any days worked in salving the remains of
the ship and cargo.
547. Any seaman who becomes ill during the course of the voyage
or who is injured in the service of the ship is entitled to his wages. He
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receives maintenance and medical treatment at the expense of the
ship. If he was injured in performing service in the interest of the
ship and cargo, his treatment and medical attendance are borne by the
ship and cargo.
If the seaman's treatment necessitates his being put on shore, the
master deposit the sum necessary for his cure and return home with
the Roumanian consular authorities or the competent local authorities.
In no case can a seaman who is put on shore demand wages or the
expenses of treatment for more than four months from the date on which
he was put on shore.
548. If the seaman becomes ill or is injured by his own fault or while
he is on shore without leave, he must bear the expenses of his own
treatment. The master must, however, make him an advance for this
purpose.
If a seaman has to be put on shore, the master must make arrangements
for his medical treatment and repatriation as provided in the preceding
section, without prejudice to his right to recovery of the money advanced.
In such cases the seaman only receives the wages for the time he has
actually served.
549. If a seaman dies during the voyage:
(1) if he was engaged per month, his heirs are entitled to the wages
due to him up to the day of his death;
(2) if he is engaged for the voyage and dies on the voyage out or
at the port of destination one-half his wages are due. If he dies on
the voyage home full wages are due;
(3) if the seaman was engaged on the basis of a share in profits
or freights, and if he dies after the voyage has begun, his full
share is due.
If a seaman is killed in the defence of the ship his wages are due for
the whole voyage if the ship is saved.
550. If a seaman is taken prisoner on board ship he is entitled to
his wages up to the day on which he was taken prisoner.
If he is taken prisoner while he was absent in the service of the ship,
whether on sea or on land, he is entitled to his full wages up to the
day on which his engagement would have terminated. If he was
also sent out in the. interest of the cargo the latter contributes to the
payment.
551. If the ship is sold before the agreement of the crew has expired,
the seamen are entitled to repatriation and the payment of their wages
at the expense of the ship.
552. The master may discharge the seaman before the time mentioned
in the agreement without having to prove that the seaman has failed
in his duty. In such cases, however, he must give the seaman a written
discharge and provide him with the necessary means of returning home.
A seaman discharged without just cause is entitled to compensation
in addition to payment for services rendered.
If the discharge takes place in the port where the seaman signed on
and before the ship has sailed, the compensation due is equal to one
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367
month's wages. If he is discharged after the ship has sailed or in a
Roumanian port other than that in which he signed on, the compensation
due is equal to 40 days' wages. If the seaman was discharged elsewhere
than in Roumanian waters, the compensation due is one month's
wages on the European coasts of the Black Sea, two months' wages
on the other coasts of the Black Sea and the coasts of the Mediterranean
and four months' wages on all other coasts.
In none of the above cases can the master recover the compensation
paid from the shipowners of the seaman is discharged without their
consent.
A seaman discharged before the list of crew is completed is entitled
to no compensation.
553. The crew is entitled to maintenance on board the ship until
the members have received their wages or the share of profits due to
them.
554. In the absence of any agreement to the contrary, the members
of the crew are obliged to continue their services after their engagement
has terminated until the time when the ship arrives at the port of
destination and is unloaded. They are entitled to payment and maintenance for this period.
If a new voyage has to be begun during the period of quarantine, any
seaman who does not wish to sign on for such voyage can demand to be
put on shore in the quarantine institution and to receive his wages until
the time when the ship receives free pratique.
The expenses of maintenance in the quarantine institution or hospital
are borne by the ship.
555. The wages and earnings of the crew cannot be ceded or sequestrated except for legal obligations of maintenance and for debts to the
ship relating to service. In the former case the amount of the wages
or share of profits which may be seized may not exceed one-third.
556. The provisions relating to the wages and maintenance of
the seamen also apply to the master or skipper, the ship's officers and all
other persons forming part of the crew.
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Law on the Organisation of the Mercantile Marine
CHAPTER II. — ENGAGEMENT OF DECK AND ENGINE-ROOM OFFICERS,
AND SUBORDINATE RATINGS
7. On all vessels sailing under the Roumanian flag, whether they
are sea-gping vessels or river-craft, one-third of the deck and engineroom officers shall be of Roumanian nationality.
Tn the case of subordinate ratings, up to two-thirds of the full establishment may be of alien origin; skippers of small boats (Patronii) are
regarded as belonging to the subordinate ratings.
The qualifications required of masters, officers, mechanical engineers,
and subordinate ratings are those prescribed in the law on the Navy
and in the regulations concerning conditions to be complied with by
masters, officers, mechanical engineers, and navigating officers on
merchantmen sailing under the Roumanian flag.
Aliens shall be engaged on the same conditions as Roumanians,
regard being had to the military discharge papers issued in their respective countries, and on condition that they pass the qualifying examination provided for above.
8. No man may be engaged as a deck hand, fireman or stoker
unless he is registered at the marine office.
For this purpose a register shall be kept at every marine office in
this country, giving the names and a full description of all men wishing
to be engaged on board ship.
Every man engaged shall be furnished free of charge with a book,
showing the vessel on which he has been engaged to serve and the
wages for which he has been engaged, and any change of employment.
9. No man registered at the marine office may be engaged on any
vessel after the age of 21 years unless he can show that he has performed
his military service or that he has been exempted.
No youth of less than eighteen years of age may be entered on the
marine office register with a view to employment on board ship, without
the consent of his parents or guardians.
CHAPTER III.
— PERSONNEL REQUIRED ON BOARD
MERCHANTMEN
ROUMANIAN
10. On any sea-going merchantmen engaged in distant trade, the
personnel shall consist of not less than: one master; two officers, including a second in command, and three mechanical engineers in cases
where the engine power exceeds 500 h. p.; one boatswain; one master
carpenter.
LAW ON THE ORGANISATION
OF THE MERCANTILE MARINE
369
The deck and engine-room staff must be adequate to provide for
two watches.
The boatswain may do duty by day as an officer, on the master's
responsibility.
Every sea-going passenger vessel staying at sea for more than twentyfour hours at a stretch shall have a permanent medical officer on board.
i l . Roumanian river-going merchant steamers shall carry at lea6t
one master, one officer and two engineers where the engine power
exceeds 300 hp., and one boatswain.
The deck and engine-room staff shall be adequate to provide for
two watches during a continuous voyage of twenty-four hours.
12. Trading vessels plying locally in ports or engaged in towing
work between neighbouring ports may reduce their personnel to one
master and one engineer each.
The deck and engine-room staff shall, however, depend upon the
requirements of the work on board, but care shall be taken that the
actual work performed by any one deck hand does not exceed the
limits laid down above.
13. Lighters shall each carry at least one sailor; steam launches of
10 tons or more shall carry one engineer and one sailor.
14. Sea-going sailing vessels shall each carry at least one master;
one second in command; one boatswain also doing duty as an officer:
one carpenter, and the number of seamen required for duty on a watch
and watch basis.
River-going sailing vessels shall carry at least one skipper and one
boatswain, subject to the conditions laid down in the previous paragraph.
15. Every person without exception who is shipped on any seagoing vessel and entered in the list of crew shall be served with rations
by the owner of the vessel, no deduction in this respect being made
in his wages.
CHAPTER IV. — DISCIPLINE AND PENALTIES APPLICABLE TO THE PER
SONNEL ON BOARD
16. The master, officers and crew of a merchant ship are liable,
apart from the cases contemplated by the Penal Code or by the Military
Judicial Code, to the penalties laid down in this Law for the offences
enumerated below.
The master, being invested with disciplinary powers on board, may
take such measures with reference to passengers as are calculated to
ensure order on board and the safety of the vessel and crew. If necessary, he may even confine to their cabins any passengers who absolutely
refuse to conform to the measures taken by him for the purposes referred
to*above.
17. Penalties to which the crew are liable:
(1) Simple admonition;
24
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ROUMANIA
(2) Deduction of from 1 to 10 days' pay (wages), where the crew
has been engaged for monthly pay, or a fine ranging from 2 to
20 lei, it the crew are engaged on terms of a share in the profits ;
(3) Dismissal, the reasons being noted in the book of the individual
concerned.
Any money deducted in this manner from the wages of a member
of the crew shall, on the arrival of the vessel in this country, be paid
in to the Savings Bank to the credit of the Seamen's Provident Fund
established by special regulations.
18. Penalties to which officers are liable.
(1) Deduction of from 1 to 15 days' pay from their salaries, if engaged
on a monthly basis; and deduction of from 10 to 100 lei if engaged
on terms of a share in profits;
(2) Open arrest on board for a period varying between 5 and 15 days,
the officer remaining on duty;
(3) Close confinement for a period varying between 3 and 10 days;
The penalty of close confinement entails the loss of one-half
of the salary for the whole term of confinement; but if the
officer concerned has been engaged on other terms, he shall
be liable to a minimum fine of 5 lei for each day of confinement, but such fine shall not exceed 100 lei.
(4) Temporary suspension from duty, with exclusion from the officers'
mess, and the deduction of from 5 to 15 days' pay. During the
whole of this period the officer concerned shall receive rations as
served to the crew.
Any officer refusing to submit to these penalties shall be kept in confinement until he is put ashore and dismissed, and the cost of providing
a substitute shall be charged against his pay.
The term "ship's officers" shall be understood to include the master,
the second-in-command, the officers, the chief engineers, and their
subalterns in charge of engines of over 300 h.p.
Any moneys deducted from salaries and any fines shall, as provided
above, be paid over to the credit of the Seamen's Provident Fund.
In cases where an offence is repeated, the maximum penalty for breach
of discipline may be inflicted.
The repetition of a breach of discipline constitutes a crime (delict).
The application oi a heavier penalty than that prescribed by law
constitutes an abuse of power.
The nature of the disciplinary penalties and the method of their
application in the Government navigation services shall be in accordance
with special regulations applying to these services.
Similarly, the fines imposed upon this this personnel shall not be paid
over to the Seamen's Provident Fund, the said personnel having a
Provident Fund of its own.
CHAPTER V. — MARITIME CRIMES (DELICTS)
19. By maritime crimes is meant infringements of the present law
which are punishable with hard labour (Inchisoare corectionalä) for a
LAW ON THE ORGANISATION OF THE MERCANTILE MARINE
371
period ranging from 15 days to 5 years, and with a fine of from 26500 lei.
They are enumerated and defined in the following section.
20. (1) Breaches of discipline, repeated within the period of one year
and on the same vessel;
(2) Refusal to carry out manoeuvres or to attend to the boilers and
engines when ordered ;
(3) Brawling or physical violence among the crew, where such
brawling or physical violence does not incapacitate the man
from work for more than 30 days ;
(4) Drunkenness accompanied by disorder on board;
(5) The appropriation for personal use of articles belonging to the
vessel ;
(6) The damaging of any objects on board which are necessary for
navigation ;
(7) Wantonly damaging or throwing food or goods overboard;
(8) Stealing or wasting food or liquids which are necessary on board ;
(9) Bringing on board, without permission, firearms or arms of the
type of knives, etc. (armelor albe), gunpowder or any other
explosives, or spirits;
(10) Theft committed by a seaman when not accompanied by
breaking in;
(11) Desertion;
(12) Assault of a superior officer, where the assault does not entail
incapacitation from work for more than 30 days ;
(13) Unarmed mutiny against the master or the officer of a watch
where a body of persons not exceeding one-third of the crew
are implicated in the mutiny.
21. Any person engaged to serve on board a vessel who, after being
punished for a breach of discipline, is guilty of the same offence within
less than one year and on the same vessel shall be liable to imprisonment
for a term varying between 15 days and two months.
22. Any person not holding the rank of an officer and engaged to
serve on board a vessel who insults his superior officer, whether the
master or any other officer, by word, threat or gesture shall be punishable
with imprisonment on shore for a period varying between one and six
months, and may furthermore incur a fine of from 26 to 100 lei.
23. Any officer who is guilty of the same offence shall be liable to
imprisonment for a period varying between one month and one year,
and to a fine of from 50 to 300 lei.
24. Any person engaged to serve on board a vessel, who threatens
and strikes one of the ship's officers, shall be punished with imprisonment for a period varying between three months and one year, and shall
incur &fineof from 25 to 500 lei; if he threatens and strikes the master,
the term of imprisonment shall be from six months to two years.
25. Any person engaged to serve on board a vessel, who refuses
to carry out the instructions of the master or officer of the watch with
regard to manoeuvring or attending to the boilers or engines, shall be
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ROUMANIA.
liable to imprisonment for a period varying between one and six months
and to a fine of from 25 to 100 lei.
26. Any person engaged to serve on board a vessel, who refuses to
carry orders given by the master or an officer, which relate to manoeuvring or attending to the boilers or engines, and upon which the
safety of the vessel or cargo depends, shall be liable to imprisonment
for a term varying between six months and two years and to a fine of
from 100 to 300 lei.
27. Any person engaged to serve on board a vessel who, in this
country, abandons his post without leave for a period of three days,
or at the moment of the vessel's departure, shall be considered a deserter.
He shall be liable to imprisonment for a term varying between 15 days
and three months, and between 15 days and one month in case of newlyengaged men.
Where the deserter reports on board the vessel before her departure
from the port, and the master consents to his being taken back, legal
proceedings against him shall be dropped.
28. Any person engaged to serve on board a vessel who, in a foreign
port, absents himself from the vessel without leave for two days, shall
be considered a deserter, and shall be liable to imprisonment for a term
varying between one and six months.
Where such deserter is apprehended before the departure of the vessel,
he shall be taken on board and shall proceed on the voyage, being entitled
only to rations, until the arrival of the vessel at the Roumanian port of
destination, where he shall be handed over to the proper authorities.
29. Any person assisting a deserter to leave the vessel shall be considered an accomplice and shall be liable as such to a fine of from 26 to
500 lei, and to imprisonment for a term varying between 15 days and one
month.
30. Any person engaged to serve on board a vessel who, in a foreign
port, fraudulently ships or takes ashore articles which are liable to
duty, shall be liable to imprisonment for a term varying between 15 days
and three months, and may be sued for the recovery of any fine which
the owner of the vessel has been ordered to pay.
31. Any officer who is intoxicated whilst on watch shall be liable to
imprisonment for a term varying between 15 days and three months,
and to a fine of from 50 to 300 lei.
32. A master, skipper or officer who deliberately destroys, damages
or sells any object not belonging to him and useful for navigation purposes,
or necessary for the manoeuvring or safety of the vessel, shall be liable
to imprisonment for a term varying between 15 days and three months.
33. A master, skipper or officer who wilfully spoils food belonging
to the vessel without, however, mixing such food with poisonous substances, shall be liable to imprisonment for a term varying between
15 days and three months, and to a fine of from 26 to 300 lei, without
prejudice to the owner's claim for damages in the Civil Courts.
34. Any master not supplying food as stipulated in the terms of
the agreement shall, except in cases of force majeure, be liable to a fine
LAW ON THE ORGANISATION OF THE MERCANTILE MARINE
373
of from 50 to 500 lei, and shall be required to pay each seaman 50 bani
per day for the whole period during which he has not received proper
food.
Cases of force majeure where the food rations are reduced shall be
the subject of a formal statement (procès verbal) drawn up by the
master with the assistance of one officer and two seamen.
In such cases the seaman shall be entitled to compensation at the
rate of 50 bani per day, payable by the master of the vessel.
In the event of the seamen complaining of the food on board, the
complaint shall be lodged in this country with the Marine Officer concerned, and abroad with the Roumanian consular authorities, who
shall draw up a formal statement of evidence (procès verbal) and communicate the conclusions to the shipowner for necessary action.
If the vessel is abroad and if the enquiring authorities establish the
fact that the food is deteriorated and unfit for consumption, the master
shall be bound to take in a fresh supply of provisions, and they shall
not allow the vessel to depart until this requirement has been complied
with.
35. A master convicted of facilitating contraband traffic abroad in
cases punishable by law with a fine rising to 1,000 lei shall be liable
to imprisonment for a term of three months.
Should the contraband traffic in which he has been engaged be punishable by law with confiscation of the vessel or a fine exceeding 1,000 lei,
he shall be liable to imprisonment for a term varying between three
months and one year, and be disqualified from acting as master for
a period of not less than two, and not more than three, years.
Furthermore, the owner of the vessel shall be entitled to sue him
for damages in the civil courts.
36. Any contraband traffic in Roumania is punishable under the
law concerning customs.
The penalties prescribed by the said law shall be applied by the
Maritime Court.
37. Any master or skipper of a vessel who is intoxicated whilst in
charge of the vessel shall be liable to imprisonment for a term varying
between 15 days and one year, and to be disqualified from taking
command of the vessel for a period varying between six months and
two years.
If the offence is repeated he shall be permanently disqualified.
38. The same penalty shall apply not only to the commanding
officer but to other officers and mechanical engineers who refuse, before
the termination of the voyage, to continue their service, except where
the individual concerned is able to show that he was prevented through
illness from continuing to discharge his duties.
39. Any master abandoning the vessel in the face of danger—except
in cases of force majeure properly attested in a formal statement to be
drawn up by him conjointly with the officers and seamen of the vessel —
or not taking all necessary measures for the salvage of any merchandise
or money, shall be liable to imprisonment for a term varying between
six months and two years.
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ROUMANIA
The same penalty shall apply to any master who, being compelled
to abandon his vessel, is not the last to leave it.
This penalty carries with it permanent disqualification from taking
command of a vessel.
40. Any master or skipper who abandons his vessel—except in
cases of danger,—without having first obtained a substitute, shall be
liable to imprisonment for a term varying between six months and
two years where the vessel is safely in port; and for a term varying
between one and three years where the vessel is in an open unsheltered
roadstead.
41. A master or skipper who, without authority, allows another
person on board to take charge of the vessel for the purpose of navigating her, whilst he himself remains on board as a simple passenger, shall
be liable to imprisonment for a term varying between 15 days and
three months, and shall be disqualified from taking command of a
vessel for a period varying between one and two years (except in cases
of force majeure evidenced by the log-book).
If the offence is repeated, disqualification shall be permanent.
42. A person taking over the command of a vessel without authority
or without being entitled to do so shall be liable to imprisonment for
a term varying between 15 days and three months, and to a fine of
from 100 to 500 lei.
43. A master or skipper of a vessel who fails to comply with the
provisions of the law on customs and with the port regulations and the
Commercial Code shall be liable to a fine of from 26 to 300 lei.
This penalty applies to a commanding officer who does not deposit
the list of crew at the marine office or, if he is abroad, with the consular
authorities, within twenty-four hours of his arrival in port.
The formality of depositing papers within twenty-four hours of
arrival shall be waived only in the case of masters of vessels with fixed
itineraries.
In cases where the vessel does not enter into communication with
the shore, the master shall be excused these formalities.
44. A master, skipper, or other person on board acting for him,
or an officer or seaman of the vessel, who refuses to carry out the instructions of the Marine Officer or of the health or customs officers, shall
be liable to a fine of from 50 to 300 lei and to imprisonment for a term
varying between one and six months.
45. A master or skipper who does not conform to the provisions of
this Law regarding the keeping of registers, the infliction of disciplinary
penalties and the establishing of crimes and offences committed on
the vessel, shall be liable to a fine of from 26 to 200 lei.
46. A seaman refusing to assist the master in arresting a man on
board who is guilty of any of the crimes (delicts) mentioned in this
Law shall be liable to imprisonment for a term varying between one
month and one year, and in addition to the loss of from one to three
months' wages.
LAW ON THE ORGANISATION OF THE MERCANTILE MARINE
375
47. A master or skipper who fraudulently appropriates the vessel
for his own benefit shall be liable to imprisonment for a term of two
years, without prejudice to the shipowner's right to sue him in the civil
courts.
48. A master who deliberately, and with criminal intent, takes the
vessel on a wrong course, or needlessly throws cargo or food overboard,
shall be liable to imprisonment for a term of 5 years.
49. A master who is guilty of the acts referred to in section 522 of
the Commercial Code, or who sells the vessel otherwise than in the case
referred to in section 523, shall be liable to imprisonment for a term
of 5 years.
50. A master, skipper or officer stealing articles on board a vessel
shall be liable to imprisonment for a term varying between one and five
years. The same penalty applies also to a seaman if the theft is accompanied by breaking-in or if the value of the stolen articles exceeds
20 lei.
51. A person shipped in any capacity, who wilfully damages provisions belonging to the vessel, shall be liable to imprisonment for a term
varying between one and five years.
52. A person convicted of conspiracy directed against the safety or
authority of the.master or skipper of a vessel, shall be liable to imprisonment for a term varying between one and two years; in the case of
an officer the period shall be from two to three years. Where a conspiracy
is accompanied by an act designed to prepare the way for carrying it
into effect, the penalty shall be imprisonment for a term varying between
three and four years; in the case of an officer the maximum penalty
shall be five years.
This penalty shall only be inflicted in the event of the conspiracy
being accompanied by an act designed to prepare the way for carrying
it into effect.
53. In cases where the guilty party is ordered to pay a fine but
proves insolvent, the fine may be converted into a term of imprisonment
to be fixed by the Maritime Court on the basis of 10 lei to one day's
imprisonment. The term of imprisonment shall not exceed six months.
54. Where more than one-third of the crew of a vessel mutiny
against the master, this shall be considered rebellion and the rebels
shall be liable to the maximum term of imprisonment with hard labour.
They shall be regarded as armed if one or several among them carry
arms of which they have made use. In such cases the penalty may be
increased to double the maximum term of imprisonment with hard labour.
55. A person selling or delivering a vessel sailing under the Roumanian flag to a State with which Roumania is at war, or to any subject
of that State, is guilty of high treason, punishable with penal servitude
for life.
56. A vessel, whose whole crew or any part thereof, using violence
against Roumanian persons or vessels, or against any foreign vessels
in Roumanian waters, attempts to lay hands on the possession of others
376
ROUMANIA
with the object of unjustifiably appropriating them, is guilty of an act
of piracy.
57. Piracy shall also be deemed to have occurred in the case of a
vessel whose whole crew or any part thereof, upon being taken in flagrante delicto, use violence or threats to escape or retain possession of
the stolen property.
58. In both cases the personnel of the vessel which has taken part,.
or assisted, in the act, or has hidden the stolen property, shall be considered as pirates.
59. The crew of any Roumanian vessel who are guilty of piracy
abroad shall be amenable to Roumanian jurisdiction.
60. Should .the owner of the vessel himself be convicted of piracy,
the captured vessel shall be sold by public auction, and the proceeds
realised from its sale shall be applied in the first place to the payment of
compensation to the injured parties, the surplus being placed to the
credit of the Seamen's Provident Fund. In any other cases the vessel
shall be seized in a Roumanian port until final judgment is given in the
action for compensation brought by the injured parties against the crew
or the owner of the vessel.
61. The following persons shall be regarded as pirates:
(1) Any Roumanian who, without the authority of His Majesty the
King, takes command of a vessel belonging to a Power which is
at war with Roumania;
(2) Any person who, being a member of the crew of a Roumanian
vessel, knowingly delivers the vessel to pirates, except in cases
of force majeure.
62. The crime of piracy shall be punishable with solitary confinement ;
in cases, however, in which the pirates have used violence involving
bodily injury or mutilation, the penalty shall be penal servitude for a
definite term.
In cases where such physical violence has led to the death of the person
concerned, the guilty parties shall be punished with penal servitude
for life.
BULGARIA
In 1897 a law was promulgated in Bulgaria, the provisions of
which fail to meet the actual requirements of the mercantile marine.
A Maritime Union has now been formed which is working in close
co-operation with the Government with a view to drafting legislation
appropriate to modern conditions. In addition to the above-mentioned
law, an Act concerning the Maritime Ports and Coast Police, Regulations respecting the movement of ships in the ports of Varna and
Burgas, and an Act relating to coasting vessels flying the Bulgarian
or Turkish flag are still in force.
The Bulgarian Shipping Company, the only important shipping
firm, which, if it does not own the whole of the Bulgarian mercantile
fleet, controls practically all the Bulgarian mercantile shipping,
has issued Regulations approved by Royal Decree and published in
the "Official Journal". The text of these Regulations alone is given
here, since they constitute the only legal measure bearing on the
questions dealt with in this publication.
It should be noted that Bulgaria ratified, on 16 March 1923, the
Genoa (1920) Conventions "fixing the minimum age for the admission
of children to employment at sea", "concerning unemployment
indemnity in case of loss or foundering of the ship", and on "facilities
for finding employment for seamen", and, further, on 6 March 1925,
the Genoa (1921) Conventions "fixing the minimum age for the
admission of young persons to employment as trimmers or stokers",
and "concerning the compulsory medical examination of children
and young persons employed at sea".
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BULGARIA
Regulations concerning the Crews of Merchant Vessels
of the Bulgarian Company
CHAPTER
I
1. The ship's crew consists of the persons in the service of the ship.
The ship's crew is divided into the deck complement, the engineroom complement, and the general service staff. The first category
comprises: the deck officers, the deck hands, the signal staff, the carpenters, and the boys; the second category: the engine-room officers,
the engineers, the greasers, the firemen, and the coal trimmers; the
third category: the cabin and restaurant staff; the cooks and all other
persons engaged in general service.
The master, the deck officers, and the engine-room officers constitute
the staff, and the seamen and the remainder of the ship's complement
constitute the subordinate staff.
Observation. — The classification and grading of new ratings which
may be called into being later will be fixed by the management of the
Company.
2. The distribution of the crew on board each ship will be fixed
by the management of the Company in accordance with requirements
and with international regulations.
CHAPTER II. — RECRUITING OF THE CREW
3. All persons entering service on board the Company's ships shall
comply with the following conditions. They shall:
(a) Have completed 21 years of age;
. (¿>) Subject to exceptional cases, be a Bulgarian or a Bulgarian
subject;
(c) Not have been sentenced to imprisonment for any crime or theft;
(d) Be fit for duty;
(e) Not be under police supervision;
(/) Be in good health, without any defect or infirmity likely to
interfere with perfect attention to duties/
4. The conditions in regard to the engagement of masters and
officers are stipulated by means of free agreements between the parties.
For the subordinate staff the conditions are the following:
(a) Deck hands:
(1) The boatswain shall be senior quartermaster;
(2) Helmsmen shall have had at least two years at sea;
REGULATIONS OF THE BULGARIAN COMPANY
379
(3) Carpenters shall have served a proper apprenticeship;
(4) Stewards (the cabin and waiting staff) shall have received
elementary instruction at least.
(b) Engine-room hands:
(1) The head of the engine-room hands shall, preferably, be the
most capable of the greasers, and, in the absence of a greaser,
the senior fireman;
(2) Greasers shall have had at least two years at sea as firemen
and shall fulfil the conditions stipulated in sections 37 and
38 of the Regulations for the application of the law relating
to the control of boilers and tanks ;
(3) Firemen shall have had at least one year at sea as coal
trimmers and shall have passed the examination for which
provision is made in section 13 of the Regulations for the
application of the law dealing with the control of boilers
and tanks;
(4) Coal trimmers shall fulfil the conditions for which provision
. is made in section 34 of the Regulations for the application
of the law dealing with the control of boilers and tanks.
5. Candidates for cadetships (who will have to continue their technical studies in a Marine School) shall have attended a college or high
school up to the fifth form at least, in which case they can be admitted
before they are 21 years of age.
6. The master and officers shall be engaged by the Board of Directors
of the Company upon nomination by the Manager of the Company.
The candidate shall send in an application in which are stated his
name in full, his age, place of birth, religion, the educational establishments which he has attended, what languages he knows, and his family
circumstances.
The following documents shall be annexed to his application:
His certificate of birth, his school certificates, his professional certificate, a certificate of good conduct, a medical certificate granted
by the port doctor, together with any further information which
may be required.
The subordinate staff shall be engaged by the master of the ship
and the engine-room hands by the chief engineer. Men coming under
this category are not required to send in an application, but shall give
all the information required for filling in their service books.
Observation. — No man shall enter the service of any ship without
a medical certificate signed by the doctor of the Port Authority or by
a doctor approved by the Government.
7. All persons who take service at sea shall have issued to them
a service book in which their professional duties are entered. This
book contains at the same time all information concerning identity,
aptitude for service, the results of the medical examinations, as also
extracts from the laws, agreements, and international regulations in
regard to navigation and to the agreements with regard to work at
sea which have to be known by all the members of the crew.
380
BULGARIA
The service books shall bear the signature of the Manager of the
Company or of the master of the ship. These books shall be legalised
at the Office of the Superintendent of the dockyard in the port of shipment and shall have the value of contracts.
In the event of the engagement having been made in a foreign port,
the legalisation shall take place in the first Bulgarian port at which
the ship calls.
CHAPTER III. — OBLIGATIONS ON THE PART OF THE CREW
8. The master has the command of the ship. He is responsible,
in accordance with the local bye-laws and the international laws and
regulations, for the performance of their duties by his subordinates,
without the latter, however, being freed from their own responsibility
by this provision;
The whole crew, without any exception, is under the master's orders;
with regard to the engine-room hands the master shall come to an
understanding with the chief engineer concerning the carrying out of
the orders given.
All orders issued by the management of the Company and concerning
the crew shall be transmitted by the master or his substitute.
9. The men of the crew shall carry out their professional duties
and obey the orders of their superiors.
10. Each member of the crew shall carry out his duties accurately,
honestly and with good will, whilst conforming to the regulations in
force and to the orders of his superiors. Each member is responsible
to the Company (in accordance with the provisions of the present
Regulations and the Ordinances and Laws of the country) for any
breach of rules, destruction, and loss, whether such act be voluntary
or not. This responsibility does not preclude the responsibility of the
master nor of the chief engineer, when the question affects the engineroom hands.
11. All question of service shall be submitted to the immediate
superior, with the exception of cases of complaints against the latter,
which shall be preferred to the next superior in order of grade.
Every member of the crew of the ships of the Company shall owe
respect and obedience to his superiors; in the performance of their
duties, members of the crews shall address the latter by their grade
and not by their first or second names.
Superiors shall be of proper behaviour towards their subordinates
and avoid all coarseness of speech.
12. When off duty, the members of the crew shall be under the
obligation of being of a dignified and proper behaviour and of upholding the prestige of the Company and of national shipping.
In their relations with the public, the members of the crew shall be
polite and obliging.
REGULATIONS OF THE BULGARIAN COMPANY
381
13. All those in the employ of the Company shall keep secret all
service orders personally confided to them, or with which they may
have become cognisant by accident. These may be communicated to
Maritime Authorities alone.
In the event of a member of the crew having cognisance of a defect
in or danger to the ship, he shall be under the obligation of informing
his superior thereof in a direct manner and without alarming the crew
or the passengers.
14. Members of the crew may not transact business privately. The
following shall be prohibited: business transactions; carrying goods
which are not entered upon the ship's papers without the master's
consent.
15. Every member of the crew may be required to perform, during
a given period of time (two months at most), other duties in addition
to his own duties, without being entitled to any increase in his pay or
to any remuneration; the provisions limiting hours of work shall,
however, be observed.
16. Every member of the crew shall wear, whilst on duty, the
uniform indicated in the Regulations and the badges of his office.
17. Every member of the crew shall practise the utmost cleanliness,
both in the performance of his duties as also in the quarters allotted
to him.
18. Members of the crew are prohibited from accepting any remuneration or gratuity from passengers, without having first been
given permission to do so by the management, or, whilst on voyage,
by the master.
CHAPTER IV. — HOURS OF WORK
A. — In Port or in Roadsteads
19. The hours of work for the deck and engine-room hands shall
be eight hours per day of twenty-four hours.
Persons on general service may not work longer than is necessary
for the preparation of food, waiting on passengers, and the other duties
which they have to perform.
20. The working day shall begin at 6 a.m. and consist of eight
hours. Any work having to be performed outside that time shall be
considered as night work. The beginning and end of the working day,
as also the hours of rest, shall be fixed by the master, who shall conform
to the conditions and usages of the port of call.
On Saturday the working day shall end at 15 o'clock, the midday
rest being of one hour only. During the afternoon two hours shall
be set aside for the turning out of the men's quarters.
21. The following shall be holidays: All official holidays, Sundays,
and St. Nicholas's Day. Exception shall be made in regard to all
382
BULGARIA
work affecting the safety of the ship and the satisfaction of the needs
of the crew and the passengers.
An equivalent time of rest shall be allowed to the members of the
crew who have been on duty on holidays. Members of the crew who,
by the master's order, were unable to go on shore on holidays or Sundays,
without, however, doing any actual work, shall be allowed to go on
shore on the following holiday ; the time spent by them in rest on board
shall be made good to them by an equivalent time of rest ashore.
22. If, outside the cases for which provision is made by Law and the
preceding provisions, the crew or part of the crew is required to perform
additional duties, such work shall be paid for at double rates.
No ordinary work may be done during overtime hours, except in
cases of force majeure.
B. — On Voyage
23. At sea, the deck and the engine-room hands, shall be on duty
day and night, not excepting holidays. The work of the twenty-four
hours shall be divided into three watches. Watches shall be relieved
every four hours.
On vessels of less than 300 tons and when navigating along the Bulgarian
coast, there shall only be two watches.
The chief engineer shall be exempt from watch duty if assisted by
three engineers.
24. The watches for the deck hands are arranged by the master and
for the engine-room hands by the chief engineer. The hours for the
watches and for relieving watches, both day and night, shall be
changed periodically.
The hours of working for the general service staff shall depend upon
the food which has to be prepared, the amount of waiting on passengers
and the cleaning of the ship. The arrangements concerning the turn
on duty of the men of the crew shall be written down on a board posted
up in the men's quarters.
25. The work may, in the event of the service requiring it, be extended
beyond eight hours per diem. Such additional work shall not exceed
four hours. In the event of an accident, work shall be proceeded with
until such time as all danger is past.
Any additional hours of work, in port, in the roadstead, or at. sea shall
be paid for in accordance with Regulations as under.
26. The following shall not be accounted as coming under overtime
and shall therefore not be paid for extra:
(a) Any work performed at any time by the master and the chief
engineer ;
(b) Any work connected with the manoeuvres on arrival of the ship,
the sweeping and turning-out of the men's quarters;
(c) Any work affecting the safety of the ship, of the cargo and of
the passengers, especially in the following cases: Putting out a
REGULATIONS OF THE BULGARIAN COMPANY
383
fire (the prevention of any danger which may result therefrom);
risks of damage or damage already ascertained, steps to be taken
in case of storm, the prevention of accidents;
(d) Any work of less than half an hour''s duration;
(e) All time spent on the ship by order of the authorities or of the
master, in view of the safety of the ship.
Observation. — Throwing away of the ashes and carrying coal from
the deck to the bunkers shall be considered as regular work ; this work
shall, nevertheless, be performed during overtime hours.
The loading of coal during overtime hours shall be prohibited.
27. The master and the chief engineer shall organise the watches
in such a way as to allow each member of the crew a weekly res.t of
thirty-six consecutive hours. In the event, however, of its being
impossible to allow this weekly rest, the latter may be made good
within four weeks at most by an equivalent and uninterrupted rest.
28. The time-table for service at sea shall begin four hours before
the sailing of a ship and end one hour after making fast.
In the coasting trade the time-table of service at sea shall begin two
hours before the sailing of the ship and end immediately after anchoring.
CHAPTER V. — WAGES, RISES, AND COMPENSATIONS
29. The regular wages of the members of the crew shall be laid down
in special tables drawn up by the Board of Directors of the Company
according to the ratings for which provision is made in these Regulations.
During the first six months at sea, wages may be below the tables
of wages,' in which case that period of time shall be considered as a
probationary peiiod.
Wages shall be paid at the end of every month.
Observation. — The mode of remuneration (monthly payment, remuneration by shares and other modes of remuneration) shall be indicated
on the table, as also the currency in which payments shall be made.
30. After a member of the crew has performed the same duties,
without interruption, for two years, for the same wage, his remuneration
shall be increased by 10 per cent, after that period of time. The said
increase may, however, only take place three times.
31. In the event of its being impossible to make up for additional
work by giving a rest, such work shall only be paid for extra in the event
of its duration exceeding half an hour. Any work which exceeds half
an hour, but does not take one hour, shall be considered as one hour's
overtime for the calculation of pay. This principle shall be applied
in all cases.
The amounts earned by overtime shall be paid at the same time as
the regular wages; the amount shall be calculated at the rate of 25 per
cent, of the regular wages.
384
BULGARIA
32. In case of a member of a crew being absent without leave from
the ship when the latter is about to sail, his duties shall be performed
by his mates, and his wages equally divided between the latter at the
end of the month.
33. When there is only a small cargo, or in the event of there being
no dockers, the crew shall be under the obligation of loading and unloading
the goods and luggage, under the master's orders. In such cases, the
crew shall be entitled to extra pay, the amount of which shall be fixed
by the management of the Company, in accordance with local conditions ;
this remuneration shall be equally divided among those members of
the crew who have been engaged in the work.
34. The remuneration paid by shippers, according to the usual
rates, shall be distributed as follows : 55 per cent, to the deck hands
and 45 per cent, to the engine-room hands. The master and the chief
engineer shall receive 50 per cent, of the sum by each group; 40 per
cent, shall be allotted to the officers and 10 per cent to the subordinate
staff.
CHAPTER VI.
— LEAVE OF ABSENCE
35. No member of the crew may be absent from on board without
having previously been given leave ; the said leave shall be given by the
master as regards the deck complement and by the chief engineer as
regards the engine-room complement ; in infected ports leave to go on
shore may only be given by the master.
Any member of the crew who has been given leave shall be under the
obligation of being on duty at the regulation hour on the day following
the expiration of his leave.
The master as well as the chief engineer shall be under the obligation
of keeping on board the complement which is strictly indispensable
for the safety of the ship.
36. Members of the crew with less than one year's service shall be
entitled to at most fifteen days' leave of absence; after three years'
service they shall be entitled to one month's leave of absence, with wages.
If possible, such leave of absence shall be granted without interruption
or divided into three periods of at least eight days each.
Leave of absence shall only be granted by the management of the
Company, upon an application stating the reasons for making it, forwarded by the master or chief engineer, who shall state their opinion.
37. In the event of a member of the crew being taken ill or being
injured on a voyage whilst on duty, he shall be entitled to leave of
absence, with his wages and treatment paid for a period of four months
from the day of his being put on land. In the event of the sickness
or the injury being contracted in a foreign port, the master shall take
REGULATIONS OF THE BULGARIAN COMPANY
385
all steps for affording the seaman all necessary resources and having
him conveyed to hospital. If the sickness or injury admits of it, the
seeman shall be sent back to his home.
In the event of the sickness or the injury having been contracted
through the seaman's own fault—including venereal disease—or during
absence without leave, the leave of absence shall of one month, and
there shall be no payment for treatment. In the event of the sickness
being contracted in a foreign port, the master shall cause the sick man
to be taken to hospital and shall advance the money required for treatment. The said advance shall, however, be repaid by the sick man after
his restoration to health (section 59 of the Act on Commercial Navigation).
CHAPTER
VIII. —
DISCIPLINARY SANCTIONS AND DISMISSALS
41. The sanctions in respect of any breaches of the present Régulations shall be as follows :
(a)
(b)
•(c)
(d)
(e)
(/)
Reprimand ;
Fines which may amount to one-quarter of the wages;
Transfer to another ship;
Reduction in grade or rating;
Dismissal after previous notice;
Instant dismissal.
The said sanctions shall be applicable in the above order or according
to the seriousness of the offence.
Reprimands shall be administered by the immediate superior or the
¡superiors of higher rank.
The master is entitled to administer the sanctions for which provision
is made under letters (b), (d), (e) and (/), in regard to the members of
the subordinate staff; as regards the engine-room complement, he shall
act in agreement with the chief engineer. The sanctions referred to
under letter (c) shall be administered by the management, upon the
master's report. Each penalty which shall have been applied shall
form the subject of a report from the master to the management of
the Company.
Penalties applying to the officers shall be administered by the Board
•of Directors of the Company, after a previous enquiry by the Manager.
42. Immediate dismissal shall be compulsorily applied in the following cases: smuggling; accepting money or presents for services rendered;
failure to carry out orders when their non-execution has led to heavy
losses to the Company; three absences without leave in the course of
the voyage.
In all other cases, dismissal shall entail three months' notice in the
.case of the officers and of six weeks in the case of the subordinate staff.
25
386
BULGARIA
In the event of the dismissal having taken place in a foreign port,.
the dismissed seaman shall'be repatriated to the port of shipment a t
the Company's expense.
Observation. — Any man engaged for a fixed period of time shall be
dismissed without notice at the expiration of the period for which he
had been engaged.
43. Any seaman who shall have been declared guilty or dismissed
shall have the right of appeal to the Company and of asking to be allowed
to prove his innocence to a person appointed by the management.
The management, that is to say, the Board of Directors, shall order
an enquiry and render a decision in accordance with the findings in the
said enquiry.
CHAPTER IX.
— FINAL PROVISIONS
44. The present Regulations 1 shall come into force on the day on
which they are promulgated and shall abrogate all previous legislation.
1
The Regulations were promulgated on 26 July 1923 and came into force-.
on 8 August 1923.
RUSSIA
The legal provisions concerning articles of agreement, discharge
and discipline of seamen were first laid down in the Decree of 22 September 1921 respecting the "Crews of the Mercantile Marine" issued
by the Council of the People's Commissaries and subsequently amplified by the Decree of 16 March 1923. The original
provisions
were not repealed by the Labour Code of 1922. Articles of agreement,
discharge of seamen and discipline on board ship are not covered by the
labour laws ; they are the subject of special Regulations issued by the
Commissariat of Ways and Communications on 20 March 1924,
and given in these pages
The mercantile marine was nationalised by Decree of 25 January
1918. But since the introduction of the new economic policy, like
all the other State undertakings, it is administered on a commercial
basis. Its organisation, functions, and conditions governing its
activities are defined in the Regulations issued on 13 June and 14 July
1922.
It will be seen from the text of the Order of 20 March 1924 that the
Regulations concerning articles of agreement, discharge and discipline
of seamen in the U. S. S. R. bear a distinctive character if compared
with those of other countries.
388
RUSSIA
Code: Merchant Shipping 1
[Dated 20 March 1924]
INSTRUCTIONS NO. 560 (MERCHANT SHIPPING) OF THE PEOPLE'S TRANSPORT COMMISSARIAT RESPECTING THE BRINGING INTO OPERATION
OF THE CODE OF REGULATIONS FOR SERVICE ON BOARD VESSELS
OF THE MERCANTILE MARINE OF THE U.S.S.R.
The Code of Regulations for service on board vessels of the mercantile
marine of the U.S.S.R. which is promulgated hereunder shall come
into operation as from 1 April 1924 ; and the Code of Regulations for
service on board vessels of the R.S.F.S.R. engaged in maritime transport,
approved by the People's Transport Commissariat on 22 May 1921,
and hitherto in operation, is hereby repealed.
Code of Regulations for Service on Board Vessels of the Mercantile
Marine of the U.S.S.R.
CHAPTER I. — GENERAL PROVISIONS
1. This Code shall apply to the crews of all vessels sailing under
the merchant flag of the U.S.S.R.
2. Every member of a vessel's crew who is on board the vessel
shall acquaint himself with the Code and comply strictly with all its
requirements, and in so doing shall make the furtherance of the interests
of the State his principal aim.
3. The crew shall consist of the captain, the other officers, the seamen, the attendants, and the medical staff.
4. The vessel shall be manned with persons complying with the
requirements for employment at sea and also with the requirements
laid down in the relevant legal provisions.
5. The whole crew shall be under the control of the competent
State departments, State undertakings or private owners (companies,
associations, and individuals), as the case may be.
6. Every person employed on the vessel shall be subordinate to
the captain and shall be bound strictly to obey all his orders. The
captain shall be answerable for the consequence of the instructions
given by him.
1
Extract from the Legislative Series of the International Labour Office. See
the complete translation of the law in LS- 1924 — Russ. 2.
CODE : MERCHANT SHIPPING, 1 9 2 4
389
7. In order to ensure the proper regulation of work on board ship,
the members of the crew shall perform their duties in accordance with
the vessel's time-table.
8. When the vessel is lying in port or in a roadstead, the crew shall
be bound to work eight hours a day, exclusive of work in grave emergencies and alarms, and also of work about the engines in connection
with the clearing out thereof, and the remedying of injuries and defects
of the engines and boilers when failure to remedy them would prevent
the sailing in due time of a steamer belonging to a passenger or regular
cargo line. On rest days when the vessel is lying in a harbour or roadstead, no other work shall be done than work in grave emergencies
and cases of alarm, and also work connected with the loading and discharging of vessels making regular voyages between specified ports
in accordance with a special time-table, or when the cargo to be loaded
or discharged consists of mails or passengers' baggage or perishable
goods.
9. It shall not be lawful for any member of the crew to refuse to
take part in work at unusual hours in grave emergencies or in case
of alarm.
Note, — A schedule for alarms and a list of all the varieties of emergency work shall be affixed on board every vessel.
10. In addition to Sundays, the following days shall be deemed to
be rest days:
1 January . . New Year's Day;
22 January . . anniversary of 9 January 1905;
12 March . . . overthrow of the autocracy;
18 March . . . anniversary of the Paris Commune;
1 May . . . .
anniversary of the International;
6 July . . . .
anniversary of the adoption of the Constitution of the U.S.S.R.;
7 November. . anniversary^ of the Proletarian Revolution.
In addition, the ten days mentioned in section 112 of the Labour
Code 1 shall be deemed to be rest days.
Note. — At sea rest days shall be regulated by collective agreement.
11. A person employed on board a vessel shall not leave the vessel
without permission from the captain, nor without the knowledge of
the officer of the watch.
12. On the day when the vessel is leaving port, all members of the
crew shall remain on board continuously; exceptions to this rule shall
not be allowed, except by special permission of the captain or his representative.
13. It shall not be lawful for any member of the crew to accept any
orders or commissions.
14. Members of the crew shall not be entitled to bring their families
on board for transportation, nor to bring any relative with them on
i LS. 1922 — Russ. 1.
390
RUSSIA
the voyage, without the permission of the captain and of the superintendent of the maritime office.
15. In the event of the commission of a criminal offence on board
the vessel by any person, the captain shall draw up a record of the
event in the presence of two members of the crew and the ship's delegate; the depositions of the witnesses and all other information which
may be of service in the establishment of the facts respecting the offence
shall be set forth in the record; the captain shall also take steps to
prevent the evasion by the offender in question of his liability. At
the first port of call in the territory of the U.S.S.R. the said offender
shall be handed over to the local authority, or, if it is impossible to
keep him on board the vessel until its arrival at a port in the U.S.S.R.
or to send him to a port in the U.S.S.R., the captain shall notify the
consul of the U.S.S.R. of the event and shall proceed in accordance
with his instructions.
16. All the ship's papers, the cash-box, and the vessel's seal shall
be under the care of the captain.
Note. — The individual papers of the persons employed on board,
and in case of foreign trade those of the passengers also, shall be under
the care of one of the mates in pursuance of the captain's order.
CHAPTER II
A. General Duties of the Captain
17. The captain shall be bound to know and observe the legal
provisions relating to merchant shipping and the administrative regulations issued in pursuance of these legal provisions, including the public
health regulations for seagoing vessels and the public health regulations for the protection of the maritime frontiers. He shall endeavour
to defend the honour of the Soviet flag and the interests of the State,
and to this end shall conform to international usages (with which he
must be acquainted) in all his transactions.
18. The captain shall endeavour to the utmost of his ability to
safeguard the vessel and cargo entrusted to him, and shall see that
all loss due to the negligence of any of his subordinates is duly certified
in writing and entered in the ship's log-book, and that proceedings
are instituted under the relevant legal provisions against the person
who causes such loss.
19. The captain shall be legally responsible for any loss due to improper action or negligence on his part, and also for any loss caused
by a member of the crew which could have been prevented by adequate supervision of the actions of the said member.
20. The captain shall not leave the vessel unless he puts the first
mate in charge of it; exceptions to this rule may be allowed when the
vessel is lying at its moorings in port, in which case the officer of the
watch may be entrusted with the supervision of the vessel.
CODE : MERCHANT SHIPPING, 1924
391
The captain when he goes ashore shall give the officer taking his
place verbal instructions (or, if he considers it necessary, written instructions) concerning the work which must be done in his absence
and the measures for safeguarding the vessel in all eventualities; he
shall also state where he may be found in case of need.
21. The captain shall pay special attention to the keeping in good
condition of the compasses and all nautical instruments. He shall
take care that a complete collection of the latest edition of the nautical
maps of the region in which the vessel is sailing is available on board,
and shall see that all corrections and supplements to the sailing directions are entered on the maps in accordance with the pilotage instructions.
22. The captain shall take all possible measures to ensure that fire
is handled with care on board the vessel, and shall see that as far as
possible the fires at all points are frequently inspected, that the fire
in the galley is extinguished after 12 midnight, the galley locked, and
the key handed over to the officer of the watch. In passengers' cabins
and accommodation for general use, as few lamps as possible shall
be left burning after 11 p.m. if electric lighting is used, but all except
the night lamps shall be extinguished if oil is used for lighting.
Note. — In exceptional cases the captain on his own responsibility
may permit both the keeping alight of the fire in the galley and full
lighting in the passengers' quarters after the above-mentioned hours.
23. The captain of a vessel carrying an inflammable cargo, or of any
vessel for the carriage of liquid fuel, shall be bound to pay specially
strict attention to precautions against fire on board the vessel, being
guided therein by the relevant regulations.
24. The captain shall see that the fire-pumps and portable fire
extinguishers, and likewise the bilge-pumps, are at all times in good
order and thoroughly fit for use whenever needed. He shall see that
the bulkheads and the doors and valves therein are in good condition,
and shall also supervise the condition of the life-boats, life-belts and
other life-saving appliances.
25. The captain shall see that the water is pumped out of the bilge
frequently.
26. The captain shall see that all provisions and stores on board
the vessel are as far as possible issued economically, and shall take
great care that articles belonging to the vessel (other than articles
intended for delivery to a warehouse or for repair) are not removed
from the vessel; a certificate shall be issued for the removal of the
latter articles.
27. Both when the vessel is at sea and when it is in port, the captain,
in accordance with the public health regulations, shall see that hygienic
and sanitary conditions necessary to prevent the outbreak and spread
of infectious diseases are observed on board the vessel, that the sick
are given due care and taken ashore if necessary, and also that the
life and health of the persons on board are duly protected.
392
RUSSIA
28. In the event of the death of any person on board the vessel during a voyage, the captain in the presence of two witnesses, the ship'ssurgeon and his assistant and the ship's delegate, shall draw up a record
(which shall be entered in the ship's log-book) specifying the date and
cause of death, and the full name, age, nationality, and last address.
of the deceased. An inventory of the effects of the deceased on board
the vessel shall be appended to the record.
At the first port of call of the vessel within the territory of theU.S.S.R. r
the captain shall notify the harbour authority of the death which has.
occurred, and deliver to it a copy of the record and inventory, and
also the effects of the deceased.
In case of a foreign voyage the record, inventory, and effects shall'
be delivered by the captain to the consul of the U.S.S.R. at the firstport of call where such consul is encountered.
29. In the event of the death of any member of the vessel's crew
in port, the captain shall make arrangements for his burial.
In case of the death on the open sea of any person on board the
vessel, the captain shall make arrangements for his burial ashore,
provided that it may be expected that the vessel will arrive at the
next port mentioned in the schedule within twenty-four hours and
that there are no hindrances from the point of view of hygiene to the
preservation of the corpse until then. If this is not possible, the captain
shall commit the body to the sea in accordance with maritime custom.
The captain shall give notice through the harbour authority, or
the consul if abroad, of the fact of the death and burial, and shall deliver
copies of the record and the certificate of burial, in order that appropriate steps may be taken by the health inspectorate of the harbour.
30. The captain shall see that the officers of the watch and other
persons faithfully perform the duties incumbent upon them under
this Code.
31. The captain shall not pass over without a formal rebuke even
the most trifling failure on the part of an officer in the fulfilment of
his duties. The captain shall administer this rebuke either privately
in his cabin, or before the other officers, but not in any case in the
presence of the passengers or of persons who are not concerned. In
the event of a repetition of the offence or the commission of a new
offence in the course of employment, the captain shall immediately
bring the matter to the knowledge of the shipowner, and if he considers
it necessary shall suspend the officer in question from the performance of his duties; in special cases he may discharge the officer on his
own responsibility, provided that he shall give information thereof
to the shipowner and the trade union, and also to the consul if the
event takes place abroad.
32. If the captain considers it necessary, in consequence of an offence
on the part of an officer, or his conduct in general, to suspend the said
officer from the performance of his duties, when resorting to this measure
he shall enter the reason for it in the ship's log-book and give information thereof to the ship's delegate and to the crew. At the earliest
opportunity the captain shall report the case to the shipowner for his
CODE : MERCHANT SHIPPING, 1924
393
further instructions. The captain shall require another suitable person
to perform the duties left unprovided for by the suspension of the
officer.
33. In the event of an offence in the course of employment by a
member of the crew of the vessel, the captain shall have the right to
impose the following penalties on the offender:
(a) rebuke;
(b) reprimand;
(c) severe reprimand;
(d) reprimand with a threat of a heavier penalty in the event of
a repetition of the offence;
(e) degradation to a lower rank with corresponding reduction of
pay;
(/) temporary suspension from duties.
The penalty shall be imposed by the captain, or in his absence by
the first mate, provided that he shall notify the captain thereof when
the latter returns to the vessel.
In special cases, when the conduct of a member of the crew or of
a passenger menaces the safety of other passengers, the crew or the
vessel, the captain shall have the right to take steps to place such
member of the crew or passenger under restraint.
Note. — The captain shall have the right to impose the penalties mentioned under (e) and (/) above on the members of the crew: (a) during
the voyage, on his sole authority, provided that he shall inform the
ship's delegate and the crew thereof; (b) in a foreign port, subject to
the approval of the consul of the U.S.S.R.; and (c) in a port of the
U.S.S.R., subject to the approval of the assessment and disputes committee.
The following circumstances shall be kept in view in the imposition
of disciplinary penalties:
(a) the previous service of the offender;
(b) not only the consequences actually entailed by the offence, but
those which might have been entailed by it;
(c) the circumstances in which the offence was committed;
(d) any previous commissions of the offence.
34. The captain shall immediately give full information to the harbour-master, or the consul if abroad, of every crime or misdemeanour
committed by an employee and of the prosecution instituted on account of it.
Note. — In the event of the desertion of any member of -the crew,
the captain of the vessel shall immediately give information thereof
to the harbour authority if in a port of the U.S.S.R., and to the consul
of the U.S.S.R. if abroad, giving the rating, name and description of
the deserter and the date of his desertion.
35. The captain shall see that the wages books are invariably in
the possession of the persons to whom they were issued, that all the
regulations printed in them are strictly observed, and that persons
without wages books are not employed on board the vessel.
394
RUSSIA
36. The captain shall give information to the shipowner, in his
reports on the voyage, of all re-arrangements or changes in the composition of the crew.
37. The captain shall apply in due time to the maritime office or
the employment exchange for the making up of the crew of the vessel.
Note. — When on a foreign voyage the captain may temporarily
fill vacancies among the crew with aliens, in accordance with the Order
of the Council of People's Commissaries, dated 16 March 1923.
38. The captain shall notify the shipowner immediately of every
arrival in a port or sailing thence to the open sea. The captain shall
similarly notify the phipowner of all events on board or in connection
with the vessel, by telegram in the more important cases and by means
of written reports in other cases.
39. At the end of each voyage the captain shall submit to the shipowner a detailed report on the voyage and the circumstances incidental
to navigation, not omitting to set forth any exceptional occurrences
connected with the navigation of the vessel in the course of the voyage.
40. The captain shall submit a detailed report to the harbourmaster of the next commercial port of the U.S.S.R. at which he arrives,
respecting any exceptional occurrence in connection with the navigation of the vessel which affects the interests of the State and of
shipping, and he shall append to the said report an extract from the
ship's log-book. In case of a foreign voyage (in circumstances not admitting of delay) the above-mentioned report shall be submitted through
the consulate to the Central Maritime Board.
41. In ports which are little known the captain shall endeavour
to collect information which may be useful to the State.
42. On receipt of information of the outbreak of war between the
U.S.S.R. and a foreign power, the captain shall make for a neutral
port, and shall take all the precautions in his power to ensure that
the vessel entrusted to him shall not be captured by the enemy, if
the circumstances and the location of the military operations necessitate this.
B. Duties of the Captain in Connection with the Taking over and Handing
over of the Vessel
43. Immediately upon receiving notice of his appointment, the
captain shall proceed to take over the vessel entrusted to him, both
the hull and equipment and the property of the vessel, and shall see
that all articles included in the ship's inventory are available and in
good condition; he shall take over all books and documents belonging
to the vessel in accordance with the list thereof, and the cash in hand
according to the account book. He shall draw up a special statement
concerning any surplus or deficit of the cash in hand and the property
of the vessel, and shall enter the corrections in the appropriate books.
44. When the vessel has been duly taken over, a report on the articles handed over, drawn up in the prescribed form and signed by
CODE : MERCHANT SHIPPING, 1924
395
both the parties to the transference, shall be forwarded to the shipowner, and the statements mentioned in section 43 shall be appended
thereto.
In any exceptional case of handing over, when there is no time for
the detailed checking of the ship's inventory, a clause may be included
in the report on the transference, stating that "owing to want of time
this or that has not been taken over" ; and the captain shall subsequently
check the" ship's inventory with each of the mates in respect of the
part under the supervision of the mate in question, and shall forward
to the shipowner a second report on the taking over with full details.
45. The captain shall ascertain the state of the engines through
the chief engineer of the vessel, who shall be bound to submit a report
in the prescribed form with his signature.
This report shall be forwarded to the shipowner, together with that
on the transference.
46. A captain appointed to a newly-constructed vessel shall take
it over in accordance with the specification.
47. On completing the taking over of the vessel, the captain shall
question the seamen and the other employees, and shall immediately
inform the shipowner of all the grievances put forward by them.
48. The captain handing over the vessel shall give the captain taking it over all the information which he may demand respecting the
character of the vessel, the condition of the compass, the deviation,
the nautical instruments, and other matters.
49. If the captain falls ill elsewhere than in a port of the U.S.S.R.,
the command of the vessel shall temporarily be transferred to the first
mate, and the shipowner and the consul of the U.S.S.R. shall immediately be informed thereof. The handing over of the vessel shall be
entered on each occasion in the ship's log-book, and if it occurs during
the voyage, the exact hour at which it was effected and the position
of the vessel on the map in terms of the exact latitude and longitude
shall be specified.
C. Duties of the Captain on Entering a Port and While
Remaining Therein
50. On arriving in a port, whether in the U.S.S.R. or abroad, the
captain shall take special care that the persons on board the vessel
shall not enter into communication with the shore until a permit has
been received from the public health authority of the port.
51. Immediately upon arrival in a foreign port where there is a
consul of the U.S.S.R. or his representative and in any case not more
than twenty-four hours after arrival, the captain shall attend at the
consulate and submit the following documents to the consul:
(a) the ship's papers and bills of lading whereof the certificate of
registry, survey certificate and ship's articles shall be deposited
at the consulate until the vessel sails from the port; and
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RUSSIA
(b) in cases where the consul does not consider the submission of
the ship's log-book necessary, a detailed and exact report (either
written or oral) concerning the voyage (sections 000 of supplement No. I to Part V of the Instructions to Consuls of the
U.S.S.R.).
Note. — If the vessel enters a foreign port where there is no consul or
consular representative, the report mentioned in this section shall be
made in. writing to the consulate.
52. If the vessel's stay in a foreign port is not connected with commercial operations and lasts for less than twenty-four hours, the captain
shall submit to the consul (if any) at the said port merely a written
statement of the reasons for the vessel's stay.
53. The captain shall permit the consul or his representative freely
to inspect the vessel's supply of provisions and medical stores, and
likewise the papers relating to the passengers and shall also attend at
the consulate immediately upon a summons from the consul or his
representative.
54. Before the sailing of the vessel, the captain shall give-the consul
information as to the next prescribed port of call, the nature, value,
consignor and consignee of the cargo, and the number of passengers.
55. The captain shall be bound to observe all the local regulations,
and in conformity with them to comply with all the instructions and
requirements of the local authority during the vessel's stay in a port
of the U.S.S.R. or of a foreign country. He shall procure information
concerning these regulations from the harbour board or consulate.
Note. — If the captain considers that unjustifiable requirements have
been imposed upon him by the harbour officials, he shall not refuse to
comply with them, but shall immediately bring the matter to the knowledge of the harbour board or the consul of the U.S.S.R.
56. On the arrival of a vessel from abroad in a port of the U.S.S.R.f
the captain shall immediately submit the following documents to the
harbour authority:
for the purpose of the protection of the maritime frontiers from the
point of view of public health:
(1)
(2)
(3)
(4)
the bill of health;
answers to the questions on the prescribed form;
a report on the present state of health of the crew;
a list of the passengers, giving the full name and nationality of
each;
(5) documents attesting the identity of the passengers;
for customs purposes:
(1) a second list of the passengers as above, giving against the name
of each passenger the number of articles of baggage belonging
to him;
(2) the ship's articles;
(3) the bills of lading and manifests for the cargo of the vessel.
CODE : MERCHANT SHIPPING, 1924
397
A return in the prescribed form or a declaration shall be furnished
together with these, specifying all the provisions held by the crew
and by the chief steward, the number of manifests submitted, and
the total number of items in the cargo.
Note 1. — The captain shall present the declaration at the custom
house either in person or by one of the mates within forty-eight hours
of arriving in port; provided that, if the beginning of the despatch of
the vessel depends upon the time of the presentation of the declaration,
he shall present it as soon as possible in order to expedite the work
of discharging.
Note 2. — If the captain fails to present the declaration within the
prescribed time limit, without sufficient reasons for such failure, proceedings shall be taken against him in accordance with the regulations
in force concerning the matter.
57. The bills of lading and manifests of the cargo shall be signed
by the captain. If specifications and extracts are attached to the bills
of lading, they also shall be submitted by the captain to the custom
house ; his signature shall be appended to every page of the manifests
of the cargo. A receipt shall be given by the custom house for the bills
of lading and manifests.
. 58. The provisions placed under bond by the inspector of shipping
shall not be drawn upon more than twice a day, in order to avoid frequent sending for the seal. These provisions shall not be transferred
to other vessels or taken ashore.
59. At the beginning of each year in which a vessel is to sail between
Russian ports, the captain shall produce at the custom house the ship's
articles, a certificate of the vessel's right to sail under the commercial
flag of the U.S.S.R. (licence), and the survey certificate, for the purpose
of the issue of a passport for coasting trade during the year. The ship's
articles shall be attached to the passport, but the certificate of the
right to sail under the commercial flag of the U.S.S.R. (licence) and
survey certificate shall be returned to the vessel. The same procedure
shall be observed when a vessel arriving from abroad returns to a port
of the U.S.S.R., if an annual passport for coasting trade has not yet
been issued to the said vessel.
60. If there are passengers without passports or with passports
which have not been visaed on board a vessel on its arrival in a foreign
port, the captain shall take steps to prevent their going ashore and to
hand them over to the harbour authority.
or
in
of
be
61. When the vessel enters a foreign port or a port of the U.S.S.R.,
returns from abroad, the captain shall comply with the regulations
force for the protection of the maritime frontiers from the point
view of public health and the other relevant orders, and he shall
informed in good time of amendments thereof.
62. If there is, in a port at which the vessel calls, any infectious
disease (plague, cholera, exanthematous or recurrent typhus or smallpox) against which the station of the maritime inspectorate must take
sanitary precautions in accordance with the public health regulations
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RUSSIA
for the protection of maritime frontiers, the captain shall land the
cargo and passengers through the station of the inspectorate, and shall
take special care that no one from the shore comes on board the vessel.
63. If a collision occurs during navigation or while the vessel is
lying in a roadstead or harbour, immediately after the collision the
captain shall if possible ascertain, either in person or through the first
mate if he himself cannot take action, the nature of the damage to the
vessel with which the collision occurred, and shall draw up a detailed
record in writing of the damage, and append it to his report to the
shipowner.
64. If any repairs are necessitated by damage to the vessel, engines
or boilers, the captain on arrival in a port where repairing appliances
are available shall see that the repairs are effected in proper time.
65. While the vessel is under repair, the captain (both in person
and through his mates and engineers) shall see that the artisans perform their work conscientiously, and at the end of the day shall inform
the person in charge of the repairing that the work done during the
day has been duly supervised and shall state whether the work required
has been completed.
66. The captain shall not alter the technical details in the instructions given to the artisans for their work, but shall keep in view the
fact that the progress and cost of the work and the preparation of
the vessel in due time for sailing depend mainly on his co-operátion
and that of is mates and engineers; and he shall therefore inform the
shipowner in good time of everything which in his opinion may reduce the duration or cost of the work, or improve it, and shall also
inform him of the work specified in the list of repairs which is not
carried out or is countermanded, but which in his opinion is important
to the safe navigation of the vessel; if his proposals concerning this
are not adopted, he shall call the attention of the competent authority
to the matter by a communication in writing, and order the entry
of this circumstance in the ship's log-book, whereupon he shall be
exempt from all liability for the consequences of failure to perform
the work mentioned in the list of repairs.
67. The captain shall ascertain that the stores delivered in accordance with the list of requirements are of good quality, and shall give
receipts for the quantities of stores according to the weight and measure
actually delivered on board. If the captain observes that the stores
are not of the requisite quality, he shall inform the shipowner thereof.
When fuel is being taken on board, one of the mates shall be present.
The chief engineer shall give the receipt for the fuel taken on board,
but the captain shall attest the receipt by the addition of his signature.
68. The captain shall see that the vessel is furnished in proper time
with fresh water and provisions for the crew in sufficient quantity
to prevent any shortage thereof in the event of the prolongation of
the voyage for any reason; he shall check the provisions laid in during the voyage by the chief steward, and shall ascertain that they are
of good quality and sufficient in quantity. Further, an emergency
store of provisions (iron ration) shall be carried on every vessel.
CODE : MERCHANT SHIPPING, 1924
399
69. During loading and discharging, the captain (either in person
or acting through the mates) shall see that the cargo is properly stowed
and that all the items come to hand and are intact. He shall see that
the loading and discharging are carried out as quickly as possible,
and for this purpose he shall exercise constant supervision through
the engineer over the proper maintenance of the steam winches, and
make every possible effort to ensure that the cargo is as far as possible
handled without compromising the seaworthiness of the ve
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