lUEPORT IV LEAGUE OF NATIONS INTERNATIONAL LABOUR OFFICE SEAMEN^S CONFERENCE GENOA,JUNE, 1920 SEAMEN'S CODE ITEM IV OF THE AGENDA LONDON: HARRISON AND SONS ST. MARTIN'S LANE, W.CJ2. This book has been DfGlTIZ' and is available ONLIME. REPORT IV LEAGUE OF NATIONS INTERNATIONAL LABOUR OFFICE SEAMEN'S CONFERENCE GENOA, JUNE, 1920 SEAMEN'S CODE ITEM IV OF THE AGENDA LONDON ! HARRISON AND SONS ST. MARTIN'S LANE. W.C.2. TABLE OF CONTENTS. CHAPTER I. ARTICLES OF AGREEMENT. A. — Form and Conditions of Agreements. PAGE 1 . The Engagement of Seamen in the Home Country ... 4 (a) In the case of foreign-going vessels ... ... ... 4 (b) In the case of home-trade and other vessels ... 21 2. The Engagement of Seamen Abroad ... ... ... 28 3. The Discharge of Seamen ... ... ... ... ... 31 B. — State Supervision to Secure the Observance of Agreements. ^ 1. General Control ... ... ... ... ... ... 41 2. Penalties 49 3. Settlement of Disputes ... ... ... ... ... 56 C. — Other Measures to Secure the Observance of Agreements 59 CHAPTER II. THE POSSIBILITY OF AN INTERNATIONAL SEAMEN'S CODE. The Attitude of Governments ... 62 1. The Possibility of an International Code ... ... ... 63 2. The Princij)les of an International Code ... ... ... 68 APPENDICES. Text of laws, decrees, orders and agreements. (a) Manning 75 (6) Accommodation ... ... ... ... ... 123 Circular Letter, Agenda and Questionnaire ... ... ... 154 ^•1 CHAPTER 1. ARTICLES OF AGREEMENT. It is already recognized by most States that the special conditions under which seamen work necessitate the enact- ment of special measures to secure that definite agreements, binding upon both the master (or the owner) and the seaman, should be made before the seaman enters upon his work. In most maritime States detailed laws are in existence which lay down the manner in which seamen must be engaged and discharged, make provision for State super- vision to ensure the observance of the agreements that are entered into, and stipulate the penalties to which a breach of the agreement renders the guilty party hable. Measures with regard to articles of agreement are formal, in the sense that they provide that definite legal agree- ments shall be made between master and seamen, and they lay down the conditions under which binding agreements shall be made, but they do not deal with the actual content of the terms of the agreement. It is stipulated for example in most laws on th^s subject, that the amount of the wages which each seaman is to receive shall be entered in the agreement ; but the provisions with regard to articles of agreement have nothing to do with the determination of the actual wage to be paid. In th's sense, then, the question of articles of agreement is a formal one. Consideration of the questions involved will be facilitated by class'fying the points at issue under three main heads, VIZ. : — A. Form and Conditions of Agreement. B. State Supervision to Secure the Observance of Agreements. C. Other Measures to Secure the Observance of Agreements. (6367) A 2 4 A. Form and Conditions of Agreements. In most maritime countries laws are in force which lay down the form in wh'ch agreements must be made, and the conditions which must be fulfilled if they are to be valid. The ma'ii provisions of these laws regulate (1) the Engagement of Seamen in the home country, (2) the Engagement of Seamen abroad, and (3) the Discharge of Seamen. 1. The engagement of seamen in the home country, — In most laws and decrees, the provisions Math regard to the engagement of seamen differ in certain respects according to whether the engagement is for a foreign- going vessel or a home-trade vessel. It will therefore render the position clear if the provisions with regard to engagement are classified according to this principle. {a) Foreign-going vessels. — In the case of foreign-going vessels, it is usually stipulated that the crew shall be engaged in the presence of a public maritime official, and that in his presence the agreement shall be signed both by the master (or the owner) and the seamen. In most laws certain classes of foreign-going ships are usually excluded from the provisions of the Act. With regard to the period for which the agreement is to hold good, there is little uniformity as between one country and another, and in the same country different provisions exist with regard to the duration of different types of contract. In general, however, the various national laws agree in setting some limit of time after which all agreements must be renewed. The detailed provisions of the various laws,* so far as * The laws quoted, unless otherwise stated, are as follows : — United States of America Navigation Laws, 1919, Revised Statutes. Argentine Republic ... Commercial Code. Belgium Royal Decree of the 20th March, 1914. Denmark ... ... ... Law of the 26th February, 1872. Germany ... ... ... Law relating to Seamen of June, 1902. Great Britain Merchant Shipping Act, 1894. Greece ... ... ... Commercial Code. Holland ... ... ... Commercial Code. Italy ... ... ... Commercial Code. Japan ... ... ... Mariners' Law, 1899, and Commercial Code. Norway ... ... ... Law relating to Mustering, 1888. Sweden ... ... ... Maritime Law. 5 they relate to the engagement of seamen in a homo port for a foreign-going merchantman, are as follows : — UNITED STATES OF AMERICA. 84. Agreement of ship in foreign trade. R.S., 4511. — The master of every vessel bound from a port in the United States to any foreign port other than vessels engaged in trade between the United States and the British North American Possessions, or the West India Islands, or the Republic of Mexico, or of any vessel of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner hereinafter mentioned, and every such agreement shall be, as near as may be, in the form given in the table marked A, in the schedule annexed to this Title (R.S., 4501-4613), and shall be dated at the time of the first signature -thereof, and shall be signed by the master before any seaman signs the same, and shall contain the following particulars : — First, — The nature and, as far as practicable, the duration of the intended voyage or engagement, and the port or country at w^hich the voyage is to terminate. Second. — The number and description of the crew, specifying their respective employments. Third. — The time at which each seaman is to be on board, to begin work. Fourth. — The capacity in which each seaman is to serve. Fifth. — The amount of wages which each seaman is to receive. Sixth. — A scale of the provisions which are to be furnished to each seaman. Seventh. — Any regulations as to conduct on board and as to fines short allowance of provisions, or other lawful punishments for misconduct, which may be sanctioned by Congress or authorized by the Secretary of Commerce and Labour not contrary to or not otherwise provided for by law, which the parties agree to adopt. Eighth. — Any stipulations in reference to allotment of wages, or other matters not contrary to law. (Repealed so far as relates to allotments in trade between the United States, Dominion of Canada, Newfoundland, the West Indies and Mexico, and coasting trade of the United States, except between Atlantic and Pacific ports, by section 25 of Act of December 21st, 1898.) The following rules shall be observed with respect to agreements (R.S., 4512) :— First. — Every agreement except such as are otherwise specially provided for, shall be signed by each seaman in the presence of a shipping-commissioner. G Second. — ^When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the shipping- commissioner, and the other part shall contain a special place or form for the description and signatures of persons engaged subsequently to the first departure of the ship, and shall be delivered to the master. Third. — Every agreement enteied into before a shipping commissioner shall be acknowledged and certified under the hand and official seal of such commissioner. R.S., 4513. — Section 4511 shall not apply to masters of vessels where the seamen are by custom or agreement entitled to participate in the profits or result of a cruise or voyage, nor to masters of coastwise nor to masters of lake-going vessels that touch at foreign ports ; but seamen may, by agreement, serve on board such vessels a definite time, or, on the return of any vessel to a port in the United States, may reship and sail in the same vessel on another voyage, without the payment of additional fees to the shipping commissioner. (Note. — Section 4511, however, does apply in part to masters of coastwise vessels whose crews are shipped under provisions of the Act of February 18th, 1895.) 4519. — The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement, omitting signa- tures, to be placed or posted up in such part of the vessel as to be accessible to the crew ; and on default shall be liable to a penalty of not more than one hundred dollars. 85. Period of engagement. — A master of a vessel in the foreign trade may engage a seaman at any port in the United States, in the manner provided by law, to serve on a voyage to any port, or for the round trip from and to the port of departure, or for a definite time, whatever the destination. The master of a vessel making regular and stated trips between the United States and a foreign country may engage a seaman for one or more round trips, or for a definite time, or on the return of said vessel to the United States may reship such seamen for another voyage in the same vessel, in the manner provided by law, without the payment of additional fees to any officer for such reshipment or re-engagement. R.S., 4518. — Every master of a vessel in the foreign trade may engage any seaman at any port out of the United States, in the manner provided by law, to serve for one or more round trips from and to the port of departure, or for a definite time, whatever the destination ; and the master of a vessel clearing from a port of the United States with one or more seamen engaged in a foreign port as herein provided shall not be required to reship in a port of the^United States the seamen so engaged. iiO. Form of articles of agreement. 4612. UNITED STATES OF AMERICA. (Date and place of first signature of agreement, including name of shipping office.) It is agreed between the master and seamen or mariners of the , of which is at present master, or whoever shall go for master, now bound from the port of , to , (here the voyage is to be described and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated.) And the said crew agree to conduct themselves in an orderly, faithful , honest and sober manner, and to be at all times diligent in their respec- tive duties, and to be obedient to the lawful commands of the said master, or of any person who shall lawfully succeed him, and of their superior officers in everything relating to the vessel, and the stores and cargo thereof, whether on board, in boats or on shore ; and in consideration of which service, to be duly performed, the said master hereby agrees to pay the said crew, as wages, the sums against their names respectively expressed, and to supply them with provisions according to the annexed scale. And it is hereby agreed that any embezzlement, or wilful or negligent destruction of any part of the vessel's cargo or stores, shall be made good to the owner out of the wages of the person guilty of the same, and if any person enters himself as qualified for a duty which he proves himself incompetent to perform, his wages shall be reduced in proportion to his incompetency. And it is also agreed that if any member of the crew considers himself to be aggrieved by any breach of the agreement or otherwise, he shall re- present the same to the master or officer in charge of the vessel, in a quiet and orderly manner, who shall thereupon take such steps as the case may require. And it is also agreed that (here any other stipulations may be inserted to which the parties agree, and which are not contrary to law). In witness whereof the said parties have subscribed their names hereto, on the days against their respective signatures mentioned. ARGENTINE REPUBLIC. In Articles 984-6 of the Argentine Commercial Code it is provided that an agreement shall be entered into by the captain, officers and crew of a vessel. The conditions of the contract in default of other documents may be proved by the register or by the crew list. Further, the captain is obliged to give to any of the crew who may demand it, a signed note indicating the nature of the agreement and the wages fixed. The reciprocal obligations of the captain, officers and crew, commence, from the time they sign the log or register. 8 AUSTRALIA. The provisions with regard to articles of. agreement in Australia are, with a few minor exceptions, similar to those of the British Merchant Shipping Acts. A divergence from the provisions of the British Acts may be noted in that the Australian Act does not stipulate that a running agreement expires on June 30th or December 31st. The Australian Act provides that a running agreement shall not extend beyond six months from the date of the ao;reement. It is also provided that a crew engaged on a running agreement if in a porb other than the destination of the ship and the agreement has been in force more than six months and the ship is not then on her way back to the port of discharge, shall be entitled to their discharge and to a free passage to a port mutually agreed on with the approval of the proper authority. BELGIUM. Every person on board a Belgian ship, performing functions necessary to the work of the ship, must be borne on the crew list made in accord- ance with the articles of agreement, which binds both the shipowner and crew. The form and the validity of the document are regulated by the legal provisions of the Royal Decree of March 20th, 1914, Chapter III, articles 7-16, Chapter IV, articles 18-20, and Chapter VI, articles 24-27. It is there provided that when a Belgian ship obtains its crew in a Belgian port, the Maritime Commissioner must supervise the signing on and draw up the crew list. For this purpose, the master must submit to the Maritime Commissioner at least four hours before the sign- ing on takes place, a list showing the name, christian name, descrip- tion, address, date and place of birth of the seamen whom it is proposed to sign on. The Maritime Commissioner must call the roll of the seamen and must ascertain that none of these are deserters from other ships or wanted by the law. After identification has taken place and in the case of nationals, after ascertaining that they have satisfied the laws with reprard to military service, he proceeds to the signing on of the seamen. The conditions of the agreement are read out in one of the two national languages at the choice of the parties. The conditions of the agreement are posted in Flemish and French on the ship in a place readily accessible to all. The original remains with the Maritime Commission and a stamped copy is given to the master. Both texts are signed by the Maritime Commissioner, the master and the members of the crew. The form of this document is laid down by official decree. Every crew list must be renewed within a year from being drawn up. Within this limit the list remains good whatever changes subsequently take place. When changes take place in Belgium in the composition of the crew of a Belgian ship, the signing on of new seamen is supervised by the Maritime Commissioner in the normal manner and the changes 9 are recorded. In ex(3eptional cases when unforeseen circumstances necessitate a change in the crew, and the normal procedure would delay the departure of the ship, seamen may be engaged without the supervision of the Maritime Commissioner. The procedure in such cases is governed by articles 14, and 15 and 16 of the Decree. For these, see Appendix. CANADA. The national law provides that the master of any Canadian foreign sea-going ship must enter into an agreement with every seaman whom he carries to sea from any port or place in any of the provinces as one of his crew. The conditions as to agreement with master and seamen which hold in the case of home-trade ships of or above 80 tons registered tonnage apply to Canadian foreign sea-going ships ; the agreement being in similar terms as that of a seaman carried as one of the crew of a Canadian home-trade ship. The agreement in the case of Canadian foreign sea- going ships must be signed in the presence of th'e shipping master, who 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. The general provisions with regard to Canadian home-trade vessels, which are stated below, page 23, apply also to Canadian foreign sea- going ships. DENMARK. According to the law of February 26th, 1872, with regard to signing on of the crew, every engagement must take place before tlie Director of Enrolment representing the public authority. The director is forbidden to secure the services of seamen on behalf of shipow^ners. According to the law of May 12, 1892, this function is reserved to Enrolling Agents officially authorized. If the voyage extends beyond the Baltic or North Sea, the Director of Enrolment must, before the crew is finally engaged, have the accuracy of the agreement established both by the owner and by the crew and must have it recorded on the wages book and on the crew list. FINLAND. Seamen are engaged tor service by means of an agreement which is a kind of enlistment for service (— locatio Conductio opemrum). On vessels engaged in foreign trade, seamen are engaged by signing articles and discharged by a paying-off (signing-off). The former is 10 intended to be an examining and confirming of the agreements and conditions under which the master has taken on the crew, the latter again a verification that these conditions have been fulfilled by the master. Signing-on and -ofi are obligatory only for foreign-going voyages. The manner of signing-on is as follows : — The master and the hired crew present themselves before the local agent of the General Register and Record Office of Shipping and Seamen at the port of departure and declare together with the name of the vessel, destination, etc., the terms of the contracts agreed on with each member of the crew. Taese particulars are entered by the agent, in the presence of a member of the Board of the General Office, or two witnesses, in a so-called Articles book. On the basis of this, the agent makes out a roll of the crev/, setting down the agreements and various other particd- iars concerning the personal conditions for the engaged seamen. This roll must be signed by the parties to it and in all disputes with regard to the provisions of the contracts entered into between the parties has the value of a legal document. FRANCE. The agreement under which seamen are engaged is one of the kinds of the hiring of labour constituted like all agreements by willingness to contract on the ]}art of the parties, but which because of the pro- tection which the law affords to seamen and because of the special risks v/hich may put an end to maritime agreements, is subject both to the general provisions of the civil code on the hiring of services and the particular provisions contained in the Code de Commerce, Art. 250 fi., and the Maritime Law. The seafarers' working agreement involves a double obligation, both explicit, i.e., formally expressed in the agree- ment, and arising from the accord of the parties, and implicit, i.e., tacitly exjDressed in the contract and arising either from local usage or from collective agreements or from arbitration awards or from regula- tions of the law. In order to be complete and effective, the agree- ment must admit of two successive phases : — (1) The contractual phase where the shipowner or the master and the seaman come together to draw up articles, and (2) the administrative phase where the shipowner or the master and the seaman present themselves to the Chef du Service de r Inscription Maritime in order to have the agreement sanctioned by public authority and to have the seaman inscribed on the crew list. At the termmation of the stage of contract, the agreement is legally complete as far as the shipowner is concerned, who may bring an action against the seaman who fails to comply with it. (Code Civil, article 1142 and 1780 and Code Trav. article 23.) It is not legally complete from the standpoint of the seaman who, although he may sue for the cancellation of his engagement, cannot bring an action against the ship- ow^ner who fails to comply with the agreement. (Code de Commerce, 11 article 270, para. 5.) At the termination of the administrative stage the agreement becomes legally complete so far as the seaman is concerned who can bring an action against the shipowner who fails to comply with it, and it is fully complete from the standpoint of the shipowner, who apart from his right to damages against the seaman in default, may exact the actual performance of his obligations by the seaman on pain of being compelled by force. (Ordinance, October 31st, 1784, Decree March 31st, 1852.) Ratification of the civil agreement by public authority and the interven- tion of the Chef du Service de I'lnscription Maritime are obligatory upon the shipowner and master from the time when the going on board of the seaman becomes effective and if the legal formalities connected there- with are omitted, a misdeameanour is committed which renders the shipowner and master liable to penalties laid down by Decree March 19th, 1852. The official signing on comprises three essential formalities ; (1) the introduction of the seaman by the shipowner, master or his agent to the administrateur de I'lnscription Maritime ; (2) the reading and explanation to the seaman by the administrative maritime officer of the conditions of employment and (3) the writing of the seaman's name and conditions of engagement on the crew list and on the seaman's paper (Ordinance of October 31st, 1784, etc.). This procedure gives both to the seamen and the shipowner an authentic proof of the agreement. GEEMANY. Section 1. — ^The provisions of this law apply to all merchant ships, entitled to fly the national flag. Section 2. — Captain in the sense of this law is the master of the ship, or failing him, or in his absence, his substitute. Shif's officers in the sense of this law are those persons who are employed to assist the captain in the command of the vessel, and who must have a government certificate to enable them to serve in that capacity. Doctors, pursers and chief stewards are also recognised as ship's officers. Seamen.- — {Schiffbmann) in the sense of the lav\^ is any other person employed on the ship during the voyage for the account of the owner, whether such person has signed articles or not. Female employees have the rights and duties of the " Schiffsmann." Section 5. — Seemannesamter (shipping officers) with the duties de- legated to them in this law are, within the empire, authorised by state law, in the Colonies and Protectorates by the Imperial Chancellor, in foreign countries the imperial consulates. Section 6. — No person shall enter upon service as a seaman (" Schifis- mann ") until he has given information regarding his name, birthplace and age, to a shipping office and has received a discharge book from the same. A German is not allowed to serve as a " Schiifsmann " before he has reached 15 years of age. 12 He shall also give proof of pertormance of his military duties, and if he is not of age, of the consent of his guardians to enter sea-service. Together with the discharge book, the man shall be given copies of the law relating to seamen, the law regarding the duty of German ships to carry German seamen who are sent home, the law regarding employ- ment exchanges for seamen and an official compilation of regulations regarding the military duties of the sea-faring population. Section 9. — Any man who has received a discharge book, and wants a new one, shall produce the old one, or prove its loss. An entry to this effect shall be made in the new book. If the loss of the book is proved, the officer shall enter this in the new book, and also a statement regard- ing the rank of the seaman and the duration and conditions of his service. Section 10. — Any man who according to an entry in his discharge book is still signed on to a ship, shall not be signed on to a new one, until he has given proof of the expiration of his previous service by an entry in his discharge book. If, in the opinion of the shipping office such an entry cannot be pro- cured, then an entry by the shipping office itself, as soon as a credible presumption of the completion of the previous service has been caused in some other way, will serve the purpose. Section 11. — The form and cost of the discharge book is fixed by the Bundesrat (Council of the Federated German States). This issuing is free of cost and stamp duty. The discharge book must give informa- tion about the seaman's military duties and his insurance against ill- health. Section 12. — The captain shall sign the crew on and of! according to the following regulations : — The captain or an authorized representative of the owners, and the seaman must be present at the m.ustering. A professional employment agent for seamen cannot act as a representative. Section 13. — The mustering consists in reading the agreement to the seaman in the presence of the shipping officer. The reading shall take place before the start or before the continua- tion of the voyage. When this is not feasible without delaying the voyage, it shall take place as soon as a shipping office can be reached. The reason for delaying or omitting the mustering must be entered in the ship's log book. If the mustering takes place in Germany the discharge book must be produced. Section 14.— The terms of the agreement registered in the signing on proceedings (Anmusterungs verhandlung) shall be drawn up by the Seamen's Office, and shall serve as crew-list. Should the crew as a whole not be simultaneously signed on in one proceeding then the drawing up of the crew-list shall be based on the first proceedings. The crew-list shall contain name and nationality of ship ; name and address of captain ; name, address and service capacity of every member of the crew ; the name of the port sailed from ; the stipulations of the agreement, more especially the rate of pay for overtime (para. 35, sub-para. 3 ; para. 37, sub-para. 3), and any other special agreements. In particular the crew-list shall indicate the crew's daily rations of 13 food and drinks Special agreements with ships' officers need only repeat the main features of the above. No agreements not included under para. 1, sub-para. 2, shall be drawn up. Beyond this, the pro- visions of the crew-list shall be settled by the Federal Council. The crew-list shall be on board during the voyage ; and be produced if required by the Seamen's Office. Section 15. — When the number of the crew is signed on after the crew-list has been drawn up, this shall be entered by the Seamen's Office on the crew-list. Section 16. — When a seaman is signed on within the Empire, the Seamen's Office shall make a corresponding entry in the seaman's dis- charge book (Seefahrtbuch), indicating the time he should start duty ; this is in the place of an outgoing, or sea-passport. Outside the Empire this entry is only made if the discharge book is produced for that pur- pose. The book shall then be handed to the captain for custody during the period of service. Section 17. — Should a sailor having signed on be unavoidably pre- vented from assuming duty, he shall, as soon as possible, justify him- self before the captain and the Seamen's Office where he is registered. The captain shall, as soon as possible, hand over the discharge book to the sailor or to the Seamen's Office where the latter signed on. Section 25. — Should there be changes in the crew so that the regula- tion as set out above is impracticable without delaying the voyage, the captain should, as soon as a Seamen's Office is accessible, carry out the formalities of signing on, at the same time stating the reason of the delay. Should this belated signing on be no longer possible, he shall report the fact to the Seamen's Office, which shall make a note of this in the crew-list and in the discharge books of the members of the crew concerned. Contract Provisions. Section 27. — The validity of the wages agreement shall not depend upon the written statement and the subsequent signing on. However, the seaman shall, ;when being hired, receive from the captain or the repre- sentative of the shipowner (Section 12, Sub-Section 2) a signed declara- tion (declaration of engagement) containing the name of ship, his service- capacity, the voyage or time limit of the agreement, the rate of pay, and the time and place of signing on. The length of notice required and other provisions as to the time of the expiration of the agreement, shall be the same for both parties. In the case of a contrary arrangement the seaman may claim for himself such delays or time limits as have been conceded to the other party. Section 28. — The agreement may be concluded for one voyage, or for any fixed period of time. In the case of engagement for a voyage whose destination is not given, the agreement shall run till the return to the port originally sailed from (para. 14) unless other arrangements have been made and without prejudice to regulations under para. 69. In the case of engagement for an undetermined period, the agreement shall include a time limit for giving notice, or make some other pro- 14: vision for ending the service agreement. If this is not done, each party can, in every port visited by the ship for loading or unloading, terminate the contract at 24 hours' notice. Section 29. — When the agreement (Heuervertrag) does not expressly mention the rate of pay, the rate declared by the Seamen's Office of the port where the seaman signed on as being usual at the time, shall be considered as agreed upon. Section 30.— If a seaman has engaged himself for one and the same period under several agreements, the first of these agreements shall be valid, unless he has already been signed on under one of the other engagements. Section 31. — When a seaman is engaged after the crew-list has been drawn up, the agreements arrived at with the other members of the crew shall, in the absence of other stipulations, also apply to him. GKEAT BRITAIN. 113o (1) The master of every ship, except ships of less than 80 tons registered tonnage exclusively employed in trading between different ports on the coast of the United Kingdom shall 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 ex- ceeding 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. (f) 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 mis- conduct which have been approved by the Board of Trade 15 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. 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 : — (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 super- intendent, and the other shall be delivered to the master and shall contain a special place or form for the descriptions and signatures and substitutes or persons engaged sub- sequently 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 24 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 sub- stitute, 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. 16 GREECE. The question of Articles of Agreement for the employment of seamen is regulated by the Code de Commerce. In accordance with this law, seamen are not bound to sign articles of agreement at the time of their engagement, but the conditions of employment are set down on the ship's roll by the harbourmaster in the presence of the master of the vessel and the crew. In the event of seamen being engaged or the original conditions of employment being modified, not in the presence of a harbour authority, the terms agreed upon or the modifications made may be proved by the calling of witnesses. HOLLAND. The system followed in Holland for the engagement of officers and seamen in the merchant service is the method of enlistment, i.e., officers and seamen are engaged to enter into service before a public official, who draws up, as an official document, the crew list. (Code de Commerce, articles 394-396, 399 and 400.) The particulars which the crew list must contain are mentioned in article 397 of the Code de Commerce, and articles 10 and 20 of the law of May 7, 1856. These state the regulations with regard to provisions and discipline on board merchant ships. It is not obligatory upon the contracting parties to sign the crew list , but this is usually done. The master is bound under penalty of a fine to draw up a crew list in accordance with the royal decree of October 5th, 1867. In Holland the harbour master is charged with the supervision of the drawing up of the crew list. ITALY. Article 522 of the Commercial Code. — Articles of agreement shall be signed before the local marine administrator of the Kingdom, and they shall be inscribed in the books of the office and in the ship's log-book. In any case, the agreement shall be signed by the master of the ship and by the seamen. If the seaman cannot write, it shall be signed by two witnesses. If any of these formalities are not observed, the agreement is null and void. Article 523. — The articles of agreement shall express clearly the direction of the voyage contemplated, and the probable ports of call. If the destination is secret, the seaman shall be informed accordingly, and his consent in writing shall be obtained. JAPAN. Article XXV J. (Mariners' Law, 1899.) — In case of the employment or discharge of a seaman, or of the alteration or the renewal of his contract of engagement, the seamen's list shall be forwarded to the Maritime Authorities and their approval shall be obtained. 17 Article XXVII , — The approval of the Maritime Authorities shall be signified by reading over the particulars written in the seamen's list to both parties, and by causing them to affix their signatures and seals thereto ; provided that, in case of the discharge of a seaman, approval may be given, if a proper reason exists, although one of the parties concerned be not present. If the parties do not possess seals, their signatures shall be sufficient ; if they cannot sign, another person shall sign for them with their consent, and shall append their seals ; if they neither can sign nor are in possession of seals, their names may be written by another person and they shall affix their thumb-mark (boin). In case the parties do not seal, or if some person writes their names for them, or if they affix their thumb-mark, in accordance with the provisions of the above clause, the reason thereof shall be recorded in the seamen's list. Article XXVIII. — The parties may apply for approval through their representatives, provided that proper reason exists for such a course. Article XXIX. — When approval has been obtained on the seamen's list, every seaman shall present his Mariner's Service Book, and apply for attestation of that approval to the Maritime Authorities. Article XXXI. — The master shall keep the Mariner's Service Book during the term of the seaman's employment. Article XXXII. — In case of desertion of a seaman from the vessel during his term of engagement, the master shall, without delay, return the Mariner's Service Book of the said seaman to the Maritime Authorities. Article XXXIV. — In case of loss of, or damage to, the seamen's list, the master shall prepare a new list and apply to the Maritime Authorities for approval gf it. The provision of articles 27 and 28 shall apply to cases of loss of, or damage to, either the seamen's list or the Mariner's Service Book, but shall not apply when application for approval is made to the original Maritime Authorities. Article XXXV. — In case a Mariner's Service Book has been granted or renewed on application made in accordance with the provisions of Articles 9 or 10, during the term of his engagement, the seaman shall, without delay, follow the procedure prescribed in Article 29. Commercial Code. 576. After the proceedings of hiring have been duly completed, a seaman must go on board at the time appointed by the master. After coming on board a seaman must not leave the ship without the permission of the master. 577. During the time of service a seaman's maintenance must be provided for by the shipowner. 578. If a seaman during the time of his service without any excess or gross fault of his own falls sick or is hurt, the shipowner must bear the costs of medical treatment and care for him for a period not exceeding three months. (6367) 18 In the case of the foregoing paragraph a seaman is entitled to his wages for the time during which he has rendered his services. He is entitled to his whole wages, if he has contracted the sickness or received the hurt in the performance of his duties. 579. If a seaman's wages have been fixed at a lump sum for one voyage, and the voyage is prolonged in time or, except on account of some vis major, in distance, the seaman is entitled to a proportionate increase of wages. If the time or distance of the voyage is reduced, he is still entitled to full wages. 580. If a seaman dies after he has entered upon his service, the ship- owner must pay his wages up to the day of his death. If a seaman dies in consequence of the performance of his duties, the shipowner must bear the expenses of his burial. 584. If during the voyage the ownership of the ship is changed, the rights and duties of a seaman under his contract of hiring continue for and against the new shipowner. 585. The hiring of a seaman must not be for more than one year. The hiring of a seaman may be renewed, but not for more than one year from the time of renewal. .586. If the term of the hiring is not fixed, a seaman, unless otherwise provided by a special agreement, cannot demand his discharge until the ship is safely anchored, the cargo discharged, and the passengers landed. 587. The contract of hiring made with a seaman comes to an end in the following cases : — 1. If the ship is lost ; 2. If she becomes unrepairable ; 3. If she is captured. In the cases of the foregoing paragraph a seaman is entitled to his wages up to the time of the termination of the contract and to be sent back to the port where he shipped. 588. When a seaman is entitled to be sent back to the port- where he shipped, he may instead claim the cost thereof in money. 589. The jjro visions of Article 575 apply correspondingly to obliga- tions existing in favour of a seaman. NORWAY. 1. The master of any Norwegian vessel, which, from a Norwegian port, shall sail in the foreign trade, the latter including fishing expeditions on the High Seas, shall account for his crew by producing them to the Enrolling Officers according to the undermentioned rules. But this shall not be required of masters of Norwegian vessels engaged in such trades as are referred to in the Law regulating the Military Service and Enrolment of May 12, 1866, §50, viz. :— (a) From Nordland, and Finmarken, to the Arctic Ocean, or fche White Sea— not including Iceland or North America ; 19 (b) To Sweden, from the Norwegian frontier to Gothenburg, or in vessels not exceeding the burden of 52| tons (25 commerce . lasts), from the Norwegian Boundary to Ystad inclusive, and to the Kingdom of Denmark. 2. When a new crew, or any new part of a crew, are hired to serve in a vessel lying in a Norwegian port, only the fresh hands need be brought before the Enrolling Officer to be engaged. When engaged in this country to join a Norwegian vessel in a foreign port, they must be brought before the Enrolling Officer before leaving this country. If a vessel changes her master in a Norwegian port, the new as well as the former master shall appear before the Enrolling Officer, who, after taking the declarations of both masters (§3), shall make the neces- sary endorsement on the crew list regarding the change, provided a new crew list be not required. 3. Before shipping seamen the master shall, in sufficient time, deliver to the Enrolling Officer, besides his Master's Certificate (provided that he is by law required to hold such certificate), the bill of measurement of the vessel, a list of the seamen concerned, and their patents or sea- man's books, and the contracts legally concluded with the seamen, and their account books. When, after perusal by the Enrolling Officer, these papers are found to be in order and the seamen entitled to go to sea on the intended voyage, the crew list of the vessel shall be made out in duplicate, and on engagement before the Enrolling Officer both copies shall be signed by the master, upon his having satisfied himself of their conformity with the aforesaid documents. The crew list is to be made out in such form as the King may pre- scribe. After the engagement has been thus concluded, one copy shall be delivered to the master, certified by the Enrolling Officer, and pro- vided with his seal, the other~copy to be retained by the office. 4. In engaging a crew, as a rule, the master shall present the seamen personally, in a body or singly, to the Enrolling Officer, for comparison with the crew list. The Enrolling Officer shall, as far as is possible,, ascertain that the seamen are identical with the persons entered on the crew list, and likewise read and explain to them the contents of their agreements and account books. After the master and the seamen have acknowledged the correctness of these documents, the Enrolling Officer shall endorse both the agreements, as well as the account books, with an attestation. An attestation regarding the engagement ought also to be made on the master's certificate, and the seamen's patents or sea- men's books, upon which all documents delivered to the officer shall be returned to the interested parties. 5. As a rule the engagement shall be made before the nearest Enrolling Officer in the Customs' District where the vessel is lying. The master shall, however, be entitled to present his crew to the Enrol- ling Officer at another place, when he there can personally present the seamen, but in such a case he shall produce the crew list to the Enrolling Officer at the port of Customs where the ship is cleared outwards. In shipping a crew the master shall not be bound to present, for com- paring with the crew list, seamen engaged at another place, provided (6367) B 2 20 he has previously presented them to another Enrolling Officer, by whom their right to go to sea on the intended voyage has been ascer- tained, and attested to the correctness of their agreements, provided also that the master signs a declaration in writing that the seamen shall follow the ship on the intended voyage. 6. Whenever a ship, after shipping its crew, proceeds, in the course of the year, on a new voyage from a Norwegian port, the master shall, even if no change has taken place in the crew, produce to the nearest Enrolling Officer within the customs' district the list of the crew of the ship, and their patents, or seamen's book, and agreements. If the seamen are entitled to proceed to sea on the intended voyage of the ship, and the agreements continue in force, the Enrolling Officer shall certify, on the crew list, that on the part of the Enrolling Authorities there is nothing to prevent the departure of the vessel. If, on the other hand, it appears that any one of the seamen is not entitled to further proceed to sea, he shall be discharged. If the agreement of a seaman has expired, or been altered, he shall likewise be discharged and reproduced to the enrolling official, if in terms of a new agreement he is to continue Ms service in the ship. 7. In shipping a crew, all persons who are to proceed with the vessel, and are engaged to serve on board, must be entered on the crew list for mustering, but persons engaged on steamers in the steward's depart- ment, and non-certificated pilots, shall not be enrolled or discharged before the Enrolling Officer unless they belong to the seafaring class. SWEDEN. An agreement in writing is not always required, but when the seaman has been engaged, the master shall deliver to him a contra-book, in which is to be entered, inter alia, the voyage or the time for which the seaman has been engaged, his rating on board and the wages con- tracted for. In this book is also noted the advance paid to the seaman, his claims for overtime work and the instalments paid during the voyage. When a Swedish seaman is engaged on a foreign ship in Sweden an agreement in writing has to be made. This agreement shall, inter alia, contain certain provisions as to ascertaining the seaman's rights to attendance and repatriation in case of sickness. The signing on and discharge of seamen are, in Sweden, controlled by the superintendents of the registry and shipping office or by a magistrate. When signing on, the master has to appear with the crew before the superintendent, who shall check the number of the crew, examine the seamen's medical certificates, ascertain that every S^vedish seaman is registered at a shipping office, examine the agreements, see that the seamen are provided with contra-books, etc. The superintendent then has to issue the ship's articles, containing a complete list of the crew and details of the agreements. Each member of the crew must sign his own name on the articles, and the superintendent must confirm the truth of what has been entered. 21 (&) Home-trade and other vessels. — The provisions with regard to articles of agreement relating to home-trade vessels are, in general, less stringent than those which concern foreign-going merchantmen. With that difference, however, they are very similar, and it is sometimes the case that provisions which in the case of foreign-going vessels are obligatory are in the case of home-trade vessels per- missive. In general, it may be said that legislation with regard to articles of agreement regards the foreign-going vessel as the standard, and that certain modifications are made in order to meet the special conditions of various kinds of vessels engaged in the coasting trade. For vessels plying on inland waterways articles of agreement are not usually necessary. The detailed provisions are as follows : — UNITED STATES OF AMERICA. 91. Shipment of seamen in the coasting or near-by foreign trade. — None of the provisions of an act entitled " An act to authorise the appointment of shipping commissioners by the several circuit courts of the United States to superintend the shipping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen " shall apply to sail or steam vessels engaged in the coastwise trade (except the coastwise trade between the Atlantic and Pacific coasts) or in the lake-going trade touching at foreign ports or otherwise, or in the trade between the United States and the British North American possessions, or in any case where the seamen are by custom or agreement entitled to participate in the profits or result of a cruise, or voyage. Shipping commissioners may ship and discharge crews for any vessel engaged in the coastwise trade, or the trade between the United States and the Dominion of Canada, or Newfoundland, or the West Indies, or the Republic of Mexico, at the request of the master or owner of such vessel, the shipping and discharging fees in such cases to be one-half that prescribed by section 4612 of the Revised Statutes, for the purpose of determining the compensation of shipping com- missioners. When a crew is shipped by a shipping commissioner for any American vessel in the coastwise trade, or the trade between the United States and the Dominion of Canada, or Newfoundland, or the West Indies, or Mexico, as authorised by section 2 of an Act approved June 19, 1886, entitled "An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping com- 22 missioners, seamen, and owners of vessels, and for other purposes, an agreement shall be made with each seaman engaged as one of such crew in the same manner as is provided by sections 4511 and 4512 of the Eevised Statutes, not, however, including the sixth and eighth items of section 4511 ; and such agreement shall be posted as provided by the first clause of section 4529 and also by sections 4526, 4527, 4528, 4530, 4535, 4536, 4542, 4543, 4544, 4545, 4546, 4547, 4549, 4550, 4551, 4552, 4553, 4554 and 4602 of the Eevised Statutes ; but in all other respects such shipment of seamen and such shipping agreement shall be regarded as if both shipment and agreement had been entered into between the master of a vessel and a seaman without going before a shipping commissioner. 92. Agreement in coasting trade not before commissioner. R.S., 4520. — Every master of any vessel of the burden of 50 tons or upward, bound from a port in one State to a port in any other than an adjoining State, except vessels of the burden of 75 tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement in writing or in print, with every seaman on board such vessel except such as shall be appren- tice or servant to himself or owners, declaring the voyage or term of time for which such seamen shall be shipped. R.S.y 4522. — At the foot of every such contract to ship upon such a vessel of the burden of 50 tons or upward there shall be a memorandum in writing of the day and the hour when such seaman who shipped and subscribed shall render himself on board to begin the voyage agreed upon. If any seaman shall neglect to render himself on board the vessel for which he has shipped at the time mentioned in such memorandum without giving 24 hours' notice of his inability to do so, and if the master of the vessel shall, on the day in which such neglect happened, make an entry in the log book of such vessel of the name of such seaman, and shall in like manner note the time that he so neglected to render himself after the time appointed, then every such seaman shall forefeit for every hour which he shall so neglect to render himself one-half of one day's pay, according to the rate of wages agreed upon, to be de- ducted out of the wages. If any such seaman shall wholly neglect to render himself on board of such vessel, or having rendered himself on board shall afterwards desert, he shall forfeit all his wages or emolu- ments which he has then earned. (This section shall not apply to fishing or whaling vessels or yachts, December 21, 1898, sec. 26.) 23 CANADA. The national law provides that the master of every Canadian home- trade ship of or above 80 tons registered tonnage, and the master of every ship on inland waters must enter into an agreement with every seaman whom he carries to sea from any port or place in any of the provinces as one of his crew. Every agreement made between the master of a Canadian home-trade ship of and above 80 tons registered tonnage and his crew must be in the prescribed form, or as near to it as circumstances will permit, and must be dated at the time of the first signature thereto, and signed by the master before any seaman signs it, and must contain as terms thereof particulars of : — (a) The nature and, as far as practicable, the duration of the intended voyage or engagement ; (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 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 providing regulations as to conduct on board and as to fines, short allowance of provisions, or other lawful punishments for misconduct which the parties agree to adopt. Every such agreement must be so framed as to admit of stipulations, to be adopted at the will of the master and seaman in each case as to advance, an allotment of wages, and may contain any other stipulations which are not contrary to law. Such agreement must be made and signed either before a shipping master in the manner hereinafter directed with respect to Canadian foreign sea-going ships, or in the presence of a respectable witness who shall attest each signature on such agreement. Any seaman who has signed such an agreement, may at the termination of the agreement, if the master thinks fit, be discharged before a shipping master in the manner herein directed with respect to Canadian foreign sea-going ships. At any period during such engagement, and before its termination the master may discharge any such seaman on payment of his wages and with his consent, if such discharge is made in the presence of and with the sanction of a duly appointed shipping master. In the case of substitutes engaged in the place of seamen who have really signed the agreement and whose services are lost by death, desertion or other unforeseen cause, the engagement must be made before a shipping master or, where that is impossible, the agreement must be read over and explained to the seamen who have shipped as substitutes, and such seamen must sign the same in the presence of a witness who shall attest their signatures. 24 Except additions made as directed for shipping substitutes, or persons engaged subsequent to the departure of the ship, every erasure, inter- lineation or alteration in any such agreement shall be inoperative, unless proved to have been made with the consent of all the persons interested therein by the written attestation of (a) a shipping master, justice of the peace, customs officer or other public functionary, if made in His Majesty's dominions ; (b) a British Consular Officer, or where there is no such officer two respectable British merchants, if made out of His Majesty's Dominions. Provision is made for the insertion in the agreement of a clause providing for the sale of the vessel during the voyage intended, and for the discharge of the crew in the event of such sale, such clause to state the amount of wages to be paid to the seaman in this event. In the case of ships registered in any of the provinces making short voyages by sea from any port in any of the provinces, to ports or places out of Canada averaging less than two months' duration, running agreements may be made with the crew to extend to two or more voyages, or for a specified time, provided that no such agreement may extend beyond six months from its date, or the first arrival of the ship at her point of destination in any of the provinces after the termination . of such agreement or the discharge of cargo consequent on such arrival. All such agreements are to be executed, and all discharges made in the manner required for other ships trading at ports or places out of Canada. No seaman is to be bound to produce his agreement, but may bring forward evidence to prove the contents of any agreement or otherwise to support his case. Vessels employed on inland waterways. — Such ships include every vessel registered in Canada propelled by steam and of more than 20 tons registered tonnage, or propelled otherwise than by steam and of more than 50 tons registered tonnage, but do not apply to barges and scows navigating rivers and canals. The master of every ship employed on inland waters must enter into an agreement with every seaman whom he carries as one of his crew. Every such agreement must be in the form prescribed by the Act, or as near thereto as circumstances permit, and must be dated at the time of the first signature thereof, and signed by the master before the seaman signs it. Agreements must be so framed as to admit of stipulations to be adopted at the will of the master and seaman in each case as to advances, and may contain any other stipulations which are not contrary to law, all agreements to be made and signed in the presence of a respectable witness or a shipping master, or a chief officer of Customs, who must attest each signature on the agreement. Except as to additions made for shipping substitutes, or persons engaged subsequent to the first departure of the ship, every erasure, interlineation, or alteration in any agreement with seamen is wholly inoperative unless proved to have been made with the consent of all the persons interested therein by the written attestation of (a) a shipping master, justice of the peace, officer of Customs, or other public function- ary, if made in His Majesty's Dominions, (b) or of a British consular 25 officer, or, where there is no such officer, of two respectable witnesses^ if made out of His Majesty's Dominions. In the case of inland water vessels making short voyages, running agreements with the crew may be made to extend over two or more voyages, or for a specified time, but no such agreement may extend beyond eight months from the date of such agreement, or the first arrival of the ship at her port of destination after the termination of such agreement or the discharge of cargo consequent upon such arrival. Any such agreements must be entered into and seamen discharged in the manner above provided. No seaman is to be bound to produce his agreement, but he may bring forward evidence to prove the contents of any agreement or otherwise to support his case. FINLAND. For vessels engaged in the home trade, signing on and signing ofi are not compulsory. On the inland waterways it has been the custom for larger firms to make out, following a generally-spproved formula, contracts for the duration of the navigation season, in which rates of pay, etc., are included. Such contracts are made out both on vessels where articles of agreement are compulsory, and especially on vessels where signing on is not compulsory. FRANCE. Vessels, such as barges plying in harbours, roadsteads and inland waterways are not bound by the laws with regard to articles of agreement. They are furnished, in accordance with ordinary police regulations, with a plying permit, which does not involve the registration of the wage-earners on the vessel. The working agreement which binds the owners of such vessels and their employees is an ordinary hiring of service, governed by common law. GERMANY. The provisions of the law relating to seamen of June, 1902, which are quoted above (pp. 11 — 14), apply also to all merchant vessels entitled to fly the national flag engaged in the home trade. HOLLAND. For members of the crew engaged on inland waterways no crew list is necessary. The ordinary regulations with regard to working agree- ments apply to them (Article 754, Code de Commerce). 26 GREAT BRITAIN. 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 ship and the nature of the service shall be specified in the agreement. (2) Crews or single seamen may, if the master thinks 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 80 tons burden, extend beyond the next following 30th day of June or 31st 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 30th day of June or the 31st day of Decem- ber, and a duplicate of every such agreement shall be for- warded to the Registrar-General of Shipping and Seamen within 48 hours after it has been entered into. ITALY. It is laid down in Article 522 of the Commercial Code that agree- ments with the crew need not be entered in the ship's log-book in the case of voyages not passing Corsica, Malta, Valona, Cette, Tunis and Algiers, or in the case of vessels plying on inland waterways. 27 NORWAY. The regulations concerning the signature of agreements and of account books are not in force with regard to vessels engaged on coastal trade. (See also the law regarding Mustering of 1888, para. 1, quoted above, p. 18.) Nor shall the regulations concerning mustering be applied unless the master should so desire. In that case the regulations mentioned above concerning mustering and discharge are applicable. Tugs and barges not self-propelled follow the regulations according to whether they are engaged in foreign trade or coasting service. Fishing boats follow the regulations for coasting vessels when the catch is landed in the Kingdom of Norway. In other cases the regula- tions concerning foreign-going merchantmen shall be applied. In the case of vessels employed on inland waterways the same regu- lations are applied as in the case of coasting vessels, except that mustering does not take place in any case. 28 ' 2. The engagement of seamen abroad., — It is provided in the laws of many countries that where a seaman is engaged in a foreign port, he must be engaged in the presence of a consul, and that as far as possible the normal procedure with regard to engagement shall be followed before the consul. The detailed provisions are as follows : — UNITED STATES OF AMERICA. 87. Shipment in foreign ports before consuls. R.S. 4517. — Every master of a merchant vessel who engages any seaman at a place out of the United States, in which there is a consular officer or commercial agent, shall, before carrying such seaman to sea, procure the sanction of such officer, and shall engage seamen in his presence ; and the rules governing the engagement of seamen before a shipping commissioner in the United States, shall apply to such engagements made before a consular officer or commercial agent ; and upon every such engagement the consular officer or commercial agent shall endorse upon the agreement his sanction thereof, and an attestation to the effect that the same has been signed in his presence, and otherwise duly made. BELGIUM. It is provided in the Royal Decree of March, 1857, article 3, that the master must submit his crew list to the consul, and if any changes have taken place in the crew of the ship during the voyage, the master shall make a written report on the matter to the consul. FINLAND. "When seamen are engaged in foreign ports, they sign on before the consular agent, in a similar manner to that which is observed in the case of engagements in home ports. GERMANY. It is provided in the law relating to seamen of June, 1902, section 5. that shipping officers charged with the duty of supervising the signing on and discharge of seamen are, in the colonies and protectorates authorised by the Imperial Chancellor, in foreign countries, by the Imperial Consulates. 29 GREAT BRITAIN. 124. (1) With respect to the engagement of seamen abroad, the following provision shall have eSect : — Where the master of a ship engages a seaman in any British possession other than that iik 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 ; (6) at any such port having a British consular officer, the master shall, before carrying the seaman to sea, procure the sanction of the consular 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. GREECE. In the case of seamen engaged abroad it is provided in the Code de Commerce that, although seamen are not bound to sign articles of employment at the time of their agreement, the conditions of employ- ment must be set down on the ship's roll by the consul in the presence of the master of the vessel and the crew. In the event of seamen being engaged, or the original conditions of employment being modified, not in the presence of a consular authority, the terms agreed upon on the modifications made may be proved by the calling of witnesses. HOLLAND. In foreign countries the signing on of the crew of Dutch vessels is in the hands of the Dutch Consul of the highest rank in the place where the signing on takes place, or to his deputy. This is provided for by the royal decree of July 17, 1906. 30 ITALY. Article 522 of the Commercial Code provides, inter alia, that articles of agreement must be signed abroad before a consul, and that if a sailor is engaged in foreign countries where there are no consular authorities the agreement must be entered in the log-book. In any case the agree - ment must be signed by the master of the ship and the seaman. If a seaman cannot write, it must be signed by two witnesses. NORWAY. 17. As regards the necessary production to the official concerned of seamen engaged by, or dismissed from, Norwegian vessels abroad, the rules contained in this respect in the laws and ordinances regulating the consular service shall apply. SWEDEN. When seamen sign on in a foreign port, their engagement is supervised by the consul, in the same manner as in Sweden by the superintendents of the registry and shipping office. 31 3. The discharge of seamen. — Discharge takes place, in general, in the same manner as engagement, and the presence of a maritime official is usually required. Elabor- ate precautions are embodied in the laws for securing that the reciprocal rights of master and seamen shall be pro- tected. The detailed provisions are as follows : — UNITED STATES OF AMERICA. 94. Discharge in foreign trade. 4549. — ^All seamen discharged in the United States from merchant vessels engaged in voyages from a port in the United States to any foreign port, or being of the burden of 75 tons or upward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall be discharged and receive their wages in the presence of a duly authorized shipping commissioner under this title (R.S., 4501-4613), except in cases where some competent court other- wise directs. R.S., 4550. — Every master shall, not less than 48 hours before paying off or discharging any seaman, deliver to him, or if he is to be dis- charged before a shipping commissioner to such shipping commissioner^ a full and true account of his wages, and all deductions to be made therefrom on any account whatsoever; and in default shall, for each offence, be liable to a penalty of not more than 50 dollars. No deduc- tion from the wages of any seaman except in respect of some matter happening after such delivery shall be allowed, unless it is included in the account delivered ; and the master shall, during the voyage, enter the various matters in respect to which such deductions are made with the amounts of the respective deductions as they occur, in the official log-book, and shall if required, produce such book, at the time of the payment of wages, and, also, upon the hearing before any com- petent authority, of any complaint or question relating to such payment. R.S., 4551. — Upon the discharge of any seaman, or upon payment of his wages, the master shall sign and give him a certificate of dis- charge, specifying the period of his service and the time and place of his discharge, in the form marked Table B in the schedule annexed to this title (R.S., 4501-4613). 95. Discharge in foreign ports. R.S., 4580. — Upon the application of the master of any vessel to a consular officer to discharge a seaman, or upon the application of any seaman for his own discharge, if it appears to such officer that said seaman has completed his shipping agreement, or is entitled to his discharge under any Act of Congress or according to the general principles or usages of maritime law as recognised in the United States, such officer shall discharge said seaman, and require from the master of said vessel, before such discharge shall be made, payment of the wages which may then be due to said seaman ; but no payment of extra wages shall be required by any consular officer upon such discharge of any seaman except as provided in this Act. 32 R.S., 4581. — If any consular officer, when discharging any seaman shall neglect to require the payment of and collect the arrears of Wages and extra wages required to be paid in the case of the discharge of any seaman, he shall be accountable to the United States for the full amount thereof. The master shall provide any seaman so discharged with employment on a vessel agreed to by the seaman, or shall provide him with one month's extra wages, if it shall be shown to the satisfaction of the consul that such seaman was not discharged for neglect of duty, incompetency or injury incurred on the vessel. If the seaman is dis- charged by voluntary consent before the consul, he shall be entitled to his wages up to the time of his discharge, but not for any further period. If the seaman is discharged on account of injury or illness, incapacitating him for service, the expenses of his maintenance and return to the United States shall be paid from the fund for the main- tenance and transportation of destitute American seamen : Provided, That at the discretion of the Secretary of Commerce and such regulations as he may prescribe, if any seaman incapacitated from service by injury or illness is on board a vessel so situated that a prompt discharge requiring the personal appearance of the master of the vessel before an American consul or consular agent is impracticable, such seaman may be sent to a consul or consular agent, who shall care for him and defray the cost of his maintenance and transportation, as provided in this paragraph. R.S., 4582. — Whenever a vessel of the United States is sold in a foreign country and her company discharged, it shall be the duty of the master to produce to the consular officer a certified list of the ship's company, and also the shipping articles, and besides paying to each seaman or apprentice the wages due him, he shall either provide him with adequate employment on board some other vessel bound to the port at which he was originally shipped, or to such other port as may be agreed upon by him, or furnish the means of sending him to such port, or provide him with a passage home, or deposit with the consular officer such a sum of money as is by the officer deemed sufficient to defray the expenses of his maintenance and passage home ; and the consular officer shall indorse upon the agreement with the crew of the ship which the seaman or apprentice is leaving the particulars of any payment provision or deposit made under this section. R.S., 4583. — Whenever on the discharge of a seaman in a foreign country by a consular officer on his complaint that the voyage is con- tinued contrary to agreement, or that the vessel is badly provisioned or unseaworthy, or against the officers for cruel treatment, it shall be the duty of the consul or consular agent to institute a proper inquiry into the matter, and, upon his being satisfied of the truth and justice of such complaint, he shall require the master to pay to such seaman one month's wages over and above the wages due at the time of discharge, and to provide him with adequate employment on board some other vessel, or provide him with a passage on board some other vessel bound to the port from which he was originally shipped, or to the 33 most convenient port of entry in the United States or to a port agreed to by the seaman. BELGIUM. In the Eoyal Decree of March 20th, 1914, article 28, it is laid down that the maritime commissioner must attend to supervise the discharge of the crew either in whole or in part. For this purpose, the captain must furnish a complete account of the wages due to the seamen to be discharged. The maritime commissioner must ascertain that the conditions with regard to wages have been observed. The wage to be paid is stated on the crew list, and it must be signed by the discharged seaman. The conditions in which seamen discharged in a foreign port may be repatriated are governed by the decree of 5 Germinal Year XII. Regulations with regard to the arrest of de- serters are contained in the law of January 5th, 1855. CANADA. Any seaman who has signed an agreement, may, if the master thinks fit, be discharged before any shipping master or chief ojficer of customs in Canada. At any period during such engagement, and before its termination, the master may discharge any such seaman on payment of his wages, and with his consent ; and such discharge may be made if the master thinks fit, before any shipping master or chief officer of Customs in Canada. Any seaman who has signed an agreement, and is afterwards dis- charged before the commencement of the voyage, or before one month's wages are earned, without fault on his part justifying such discharge and without his consent, is entitled to receive from the master or owner, in addition to any wages he has earned, due compensation for the damages caused to him, not exceeding one month's wages, and may, on adducing such evidence as the Court hearing the case deems satis- factory of his having been so improperly discharged as aforesaid, recover such compensation as if it were wages duly earned. Whenever the service of any seaman belonging to any ship terminates before the period contemplated in the agreement, by reason of the wreck or loss of the ship, and whenever such service terminates before such period, by reason of his being left on shore, ol* at any place abroad, under a certificate of his unfitness or inability to proceed on the voyage granted by competent authority, such seaman is entitled to wages for the time of service prior to such termination, but not for any further period. (6367) c 34 DENMARK. According to the law of February 26tli, 1872, every discharge of any member of a crew mast take place before the Director of Enrolment, representing the public authority. When seamen are being discharged, the Director of Enrolment must settle the accounts of the crew, if the owner or any of the crew so request. FINLAND. Discharge, including paying-off and signing-off is carried out through the same authorities as signing-on. The agent of the general office of shipping verifies and attests that the crew have received the pay due to them under the terms of the contract, and all other benefits accruing to them under the same. FRANCE. The engagement of seamen, like the hiring of services, of which it is only one variety, terminates for the same reasons as all agreements, and it ceases on the expiry of the agreement : the termination of the voyage, the completion of the work, the lapse of the time fixed by the agreement, etc., or by a reciprocal agreement of the parties. But apart from ordinary causes of dissolution or termination, the engage- ment of seamen may come to an end before the normal expiry of the agreement owing to special reasons, for example : — (1) Dismissal of the seaman by the shipowner. (2) Legal cancellation demanded by the seaman because of the shipowner's failure to fulfil his obligations. (3) Change of ship. (4) Sale of the ship to a third party (for a sum exceeding half its value). (5) Voluntary stoppage or impossibility of the voyage. (6) Wreck or loss of ship. (7) Illness or injury, death or captivity of the seaman. (8) The seaman's leaving the ship at the request or on the decision of the public authority, either in order to allow the seaman to fulfil his military obligations or to hand him over to the law, or in the interest of general discipline. The confirmation of the dissolution of the agreement by public authority and the intervention for this purpose of the Chef du Service de rinscription Maritime, are obligatory upon the shipowner and the master from the time when the ('ischarge of the seaman becomes effective, and the omission of legal formalities constitutes a misde- meanour which renders the shipowner or master liable to the penalties laid down by the decree of March 19th, 1852. The actual 35 process of signing oi? includes three essential formalities : — (1) The presentation of the seaman by the shipowner, the master or his deputy to the Administrateur de I'lnscription Maritime ; (2) settlement of accounts by the Administrateur de I'lnscription Maritime and payment by the shipowner or the master of the wages accruing to the seaman and (3) deletion of the seaman from the crew list, and noting of his discharge in the seaman's book. GERMANY. Section 18. — Signing off consists in the formal pronouncement of the end of the service agreement by the captain and the departing crew, before a Seamen's Office. This should take place as soon as possible after the termination of the service ; and, failing other arrangements, before the Seamen's Office of the port where the vessel is lying at the time ; in case of loss of the vessel before the first accessible Seamen's Office. Section 19. — Before the signing off the captain shall enter in the dis- charge book of each departing member of the crew, his rank, terms and conditions of service. If desired, he shall also give a certificate of conduct. This certificate shall not be entered in the discharge book. There shall be no charge for this and no stamp duty. Section 20. — The signature of the captain to the entry and the testi- monial (Section 19) is attested by the Seemannsamt " (Seaman's Office) before which the signing off takes place free of cost and stamp duty. Section 21. — If the captain refuses to make out a testimonial (Section 19), or if this document or the entry in the discharge book (section 19) contains statements, the correctness of which the seaman disputes, then the Seamen's Office on application shall investigate the case and give to the seaman a certificate containing the result of the investiga- tions. Section 22. — The discharge shall be entered by the Seamen's Office both in the discharge book of the discharged seaman and in the crew list. (6367) 36 GREAT BRITAIN. 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 of 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 ofience be liable to a fine not exceeding £10. (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 dis- charged from a foreign-going ship. 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 £10. (2) The master shall also, upon the discharge of every certificated ofiicer 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 ofience be liable to a fine not exceeding £20. 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 super- intendent 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. 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 £10. (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 dis- charged from a foreign-going ship. 132. (1) The master of every ship shall before paying off or discharging a seaman deliver at the tijne and in the manner provided by this Act a full and true account, in a form approved by the Board of Trade, of 37 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 superinten- dent, to the seaman himself not less than 24 hours before his discharge or payment off ; and (b) 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 24 hours before the discharge or payment off. (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 exceed- ing £5. 133. (1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance 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 hearing before any competent autho- rity of any complaint or question relating to that payment. 134. In the case of foreign-going ships (other than ships employed on voyages for which seamen by the terms of their agreement are wholly compensated by a share in the profits of 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, £2, 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 master or owner, 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 pay t ) every seaman his wages within two days after the termination of the 38 agreement with the crew, or at the time when the 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 day's 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. 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 pro- duction from his custody shall be admissible in evidence in manner provided by this Act. (4) Where the settlement of a seaman's wages is by this Act required 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 superin- tendent, the superintendent shall, if required, sign and give to the 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. HOLLAND. The master has the right to dismiss seamen at any time for lawful reasons, provided he pays the wages earned up to the time of discharge (Code de Commerce, Article 436). In accordance with Article 437 of the same Code, as lawful reasons are to be considered, among others, insubordination, fighting on board, habitual drunkenness, a legal interruption of the voyage, leaving the ship without permission. In case of dismissal without lawful reason the master is obliged to pay compensation. (Articles 438, 439, Code de Commerce.) Any of the crew who unlawfully withdraw from service are punished as deserters in accordance with Articles 391-394 of the Penal Code. In certain cases, however, they have the right to refuse to remain in service, e.g.y if the captain before sailing wishes to change the course of the voyage for which they are engaged ; or if before starting the voyage the State becomes engaged in a naval war; or, again, if it had been agreed that sailing shall take place with a convoy and if the convoy 39 is not granted. (Article 440, Code de Commerce.) Further, if the ship is in harbour seamen may withdraw from service if the captain has ill-treated them or has prevented them from obtaining food and drink. (Article 444, Code de Commerce.) JAPAN. (The general provisions with regard to discharge are the same as those which regulate engagement. See Articles XXVI-XXIX, quoted above, p. 16.) Article XXXIII. — In case of the discharge of a seaman, the latter may apply to the master for a testimonial of his ability or of his character and conduct. Commercial Code, 581. — In the following cases the master may discharge a seaman : — (1) If it appears, before the voyage is commenced, that he is unfit for service. (2) If he neglects his duties to a material extent, or if he commits a gross fault in the performance of his duties. (3) If he is sentenced to imprisonment or any severer punishment. (4) If he falls sick or is hurt, so as to be no longer able to render his service. (5) If in consequence of vis major the departure of the ship or the prosecution of the voyage becomes impossible. In the cases mentioned in Nos. 1-3 the seaman is entitled to his wages for the time that he has rendered his services. In the cases mentioned in Nos. 4 and 5 the seaman may demand his wages up to the time of his discharge, and is also entitled to be sent back to the port where he shipped ; but in the case mentioned in No. 1 the provisions of the foregoing paragraph apply, if there is a fault on the part of the seaman. 582. If a seaman is discharged without any of the causes specified in Article 581 (1) he is entitled to his wages not only for the time he has rendered services, but for one additional month. If such discharge takes place elsewhere than at the port where he shipped, he is also entitled to his wages for a time sufficient for his return to such port, and to be sent back to such port. 583. A seaman is entitled to claim his discharge in the following cases : — (1) If the ship loses her Japanese nationality. (2) If without fault on his part he falls sick or is hurt, so that he is unable to render his services. (3) If the master illtreats him. In the cases of the foregoing paragraph the seaman is entitled to his wages up to the day of his discharge and to be sent back to the port where he shipped. 40 NORWAY. 8. On the discharge of the whole crew, or individual seamen of the crew, of a ship, the crew of which has been shipped, the master of the ship shall present, as soon as possible, the seamen dismissed to the Enrolling Officers in order to be discharged. On discharging the crew the master shall deliver the crew list of the ship, and account for all persons entered on the same, and produce the patents or seamen's books of the seamen discharged, as well as their account books fully made up. If the master himself is to leave the ship, he shall produce his master's certificate for attestation. If, after the dismissal of part of the crew, the ship proceeds on her voyage without engaging other hands, the crew list shall, if a new crew list is not required, be returned to the master provided with the attesta- tion of the Enrolling Officer regarding the discharge of the seamen. 9. If on account of sickness, or from any other cause not due to the fault of the master, and admitted by the Enrolling Officer, a seaman is prevented from appearing personally before the ofiicer for dismissal, such attendance shall nevertheless be deemed performed, and the absent seaman shall be considered as discharged, but in such a case the Enrolling Officer shall, as far as possible, attend to the interests of the absent sea- man. The patent or seaman's book of the absent seaman shall be delivered to the Enrolling Officer, and the master shall likewise in any case of a seaman's illness pay into his charge the outstanding wages of the seaman according to the amount standing to his credit in the account book. SWEDEN. When a seaman is discharged the superintendent must ascertain that the seaman has obtained his rights according to the agreement. If a seaman who is being discharged declares himself dissatisfied with his account, the superintendent has to examine its correctness. 41 B. State Supervision to Secure the Observance of Agreements. The laws in force in most maritime countries which lay down the conditions under which agreements shall be made also contain provisions to secure their observance by legal means. These provisions may be divided into three classes : — 1. General control. 2. Penalties. 3. Settlement of disputes. 1. General control. The most effective means for securing the observance of agreements is the general supervision exercised by the maritime officials over the engagement and discharge of seamen, and the close control maintained by the appro- priate maritime officials on all the ship's papers. Not only has the signing-on and signing-off of seamen, in the many cases of which particulars have been given, to take place in the presence of, and be attested by, maritimic officials of the State, but the ship's papers are liable to inspection by the Customs Authorities, and a vessel will not be cleared unless its papers are in order. The particular provisions relating to this general supervision and control have already been stated, and need not be recapitulated. There are, however, certain important enactments relating to control to secure the observance of agreements which have been reserved for citation here. These are as follows : — UNITED STATES OF AMERICA. 88. Creiv list. R.S., 4573. — Before a clearance is granted to any vessel bound on a foreign voyage or engaged in the whale-fishery, the master thereof shall deliver to the collector of the customs a list containing the names, places of birth and residence, and description of the persons who compose his ship's com.pany ; to which list the oath of the captain shall be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them ; and the collector shall deliver him a certified copy thereof. R.S. 4574. — In all cases of private vessels of the United States sailing from a port in the United States to a foreign port, the list of the crew shall be examined by the collector for the district from which the vessel 42 shall clear, and if approved of by him, shall be certified accordingly. No persons shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list of the crew, approved and certified by the collector for the district from which the vessel shall clear. The collector, before he delivers the list of the crew, approved and certified, to the master or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a book by him for that purpose to be provided, and the record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in evidence in any court in which any question may arise under any of t e provisions of this title. (R.S., 4501-4613.) 90. Papers relating to crew. R.S., 4575. — The following rules shall be observed with reference to vessels bound on any foreign voyage. Second. — It shall be the duty of the owners of every such vessel to obtain from the collector of the customs of the district from which the clearance is made, a true and certified copy of the shipping-articles, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations. Third. — These documents, which shall be deemed to contain all the conditions of contract with the crew as to their service, pay, voyage, and all other things., shall be produced by the master, and laid before any consul, or other commercial agent of the United States, whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance. Fourth. — All interlineations, erasures, or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provisions of law which guard the rights of mariners. Further protection is accorded seamen by ensuring the observance of shipping agreements in so far as they relate to w^ages, by requiring that seamen be discharged before a shipping commissioner if in America, or a consular officer if in a foreign port. When a seaman is so discharged the master is required to pay the wages due the seaman in the presence of said shipping commissioner or consul. (Navigation Laws of the United States, 1919, pages 76, 77, 78.) BELGIUM. Within 24 hours following arrival and preceding the departure of the ship, every master is bound to submit to the Maritime Com- missioner his crew list for checking. If, however, no changes have taken place in the crew, this formality is necessary only once a month. Within 24 hours of arrival, the master must submit a report mention- ing any matter which may be of interest to the maritime police. The Maritime Commissioner must stop any ship which does not comply with the regulations of the maritime police. Various penalties are laid down 43 for failure to observe legal requirements. The actual penalties are stipulated in the law of June 21st, 1849. A master who sails without a crew list or who has failed to observe the regulations of the maritime police or has neglected to observe provisions laid down in Articles 224, 225, 226, 227 of the Code de Commerce may be fined frs. 50-300 and in addition, imprisonment of from 6-15 days may be inflicted. Further control is exercised by provisions with regard to the discharge of the crew. CANADA. Provision is made to ensure the observance of agreements by enacting that agreements must be made in the presence of a shipping master, and that all discharges must take place before him. The detailed provisions on this matter are stated in this Report, p. 23, and need not be recapitulated here. Various penalties are laid down for infringe- ment of the agreements. These are stated below, p. 50. It is also stipulated that the master or owner of every ship must, at all times when required so to do by the Minister of Marine or by any person in that behal " duly authorised by the Minister of Marine, or by any inspector of steamboats or customhouse officer or officer of river police, produce and exhibit any agreement then in force, and sub- sisting between the master of such ship and the seamen whom he carries as his crew. DENMARK. The observance of agreements is secured by the official control exercised by the Director of Enrolment at the time of the engagement and discharge of the crew. FINLAND. State supervision to secure the observance of agreements is exercised by the agents of the General Register and Record Office of Shipping and Seamen. The crew list, which is made out by the agent at the time of engagement, must be signed by the parties to it, and, in all disputes with regard to the observance of the agreement entered into, it has legal validity. FRANCE. The observance of seamen's agreements is ensured either by lega authority or by the State. So far as seamen employed on merchant- and pleasure-vessels are concerned, the owner who considers that the seaman is not carrying out the agreement can take the following action : — (1) If the seaman is not borne on a crew-list, the owner may officially cancel the agreement {i.e., dismiss the seaman). 44 (2) If the seaman is borne on a crew-list the owner may, in France, officially cancel the agreement (i.e., dismiss the seaman and officially remove him from the crew-list) ; and abroad may request the French colonial or consular authority to remove the seaman under disciplinary procedure ; or may demand that the maritime authority shall compel the seaman to carry out the agreement. The owner has always the right to bring an action for damages against the seaman, under reservation that the seaman, in case (2) above, may bring an action against the master for compensation, if he shows that he has been dismissed without proper cause. On the other hand, the seaman who considers that the owner is not carrying out the agreement can only seek the legal cancellation of the agreement, with the power, if he is borne on a crew-list, to bring an action for damages against the owner. The owner who infringes the obligations imposed upon him by law (obligations relating to the regulation of the work of the ship's staff, the provisioning of the crew, and the safety of the vessel, etc.) is re- sponsible under the penal law before the State, and may be prosecuted, by the public authority, before the competent courts. These regulations apply also with slight exceptions to the staff of the ship other than seamen. On pleasure-ships, so far as the domestic staff are concerned, and on vessels such as barges plying in harbours and on inland waterways, so far as the wage-earning staff is concerned, the performance of work is ensured by the rules of common law. GEKMANY. The observance of agreements is ensured by the supervision exercised by State officials over the engagement and discharge of seamen. Thus it is provided in section 6 of the law relating to seamen of June, 1902, that no person shall enter upon sea-service until he has given informa- tion regarding his name, birthplace, and age, to a shipping office, and has received from it an official discharge book. Further, the formal engagement or mustering of the crew must normally take place before a shipping officer, officially authorised by law (section 13). Section 23. — When at least two years have elapsed since the crew- list was issued, the captain is, on application, entitled to receive from the Seemannsamt " a certified extract of the crew-list giving the actual state of the crew, which extract will from then serve as crew-list. Section 24. — The crew-list and the possible extract according to Section 23 shall, after the expiration of the voyage or the time to which the signing on proceedings made out as crew-list refer, be handed back to the " Seemannsamt " before which the signing off takes place. Last named Seemannsamt " forwards the documents to the " Seemannsamt " of the home port, or if no such, to the " Seemanns- amt " at the port of registry. 45 GREAT BRITAIN. 117. — (1) The master of every foreign-going ship whose crew has been engaged before a superintendent shail, 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 crew before finally leaving the United Kingdom, and that statement shall be admissible in evidence in manner provided by this Act. (2) If a master fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine not exceding £5. 118. — (1) In the case of a foreign-going ship, on the due execution of an agreement with the crew in accordance with this Act, 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 certificate to 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 48 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 the agreement with the crew, he shall for each offence be liable to a fine not exceeding £5. 119. — (1) The master or owner of a home-trade ship of more than 80 tons burden shall within 21 days after June 30th and December 31st in every year deliver or transmit to a superintendent in the United Kingdom every agreement with the crew made for the ship within six months next 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 custom. (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 exceed- ing £5. 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 £5. 46 121. 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 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 officers 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 other- wise to support his case, without producing, or giving notice to produce the agreement or any copy thereof. 115. — (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 £20. (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 : (9) The duplicate running agreement retained by the superintendent on the first engagement of the crew shall either be transmitted to the Eegistrar-General of Shipping and Seamen immediately or kept by the superintendent until the expiration of the agreement, as the Board of Trade direct. GREECE. The fulfilment of articles of agreement of seamen is ensured by the right of the injured party to bring an action in the ordinary Courts. In practice, however, in accordance with an almost invariable rule, disputes arising from the engagement of the crew are settled amicably by the intervention either of the Harbour or the Consular Authorities. 47 HOLLAND. In Holland the observance of agreements is ensured by the pro- visions in the Code de Commerce that the engagement of seamen must take place before a public official, and thus all engagements, although it is not obligatory for the contracting parties to sign the crew list, have an official character. (Code de Commerce, 394-396, 399, 400.) Various provisions of the Code de Commerce, of the Law on Discipline of May 7th, 1856, and of the Penal Code, also secure to seamen the observance of the agreement. The obligations of the shipowner or master of a merchant ship with regard to wages, provisions, accommodation and the reasonable treat- ment of seamen, are laid down in Articles 20-24 of the Law on Discipline. The master for his part can call in the assistance of the police if seamen refuse to come on board, leave the ship without permission, or refuse to perform their duty. (Article 402, Code de Commerce.) Further, the master of a merchant ship possesses the right of discipline over his sea- men in accordance with Articles 7-10. 12, 13, 16, 17-19, of the Law on Discipline. NORWAY. State supervision is exercised at every stage by the provisions requiring agreements and discharges to be made in the presence of the Mustering Official. Various detailed measures are in force for securing the observance of the agreements thus officially supervised. The seaman engaged is pledged to present himself for service on board at the time appointed by the master, and shall not afterwards leave the ship except by permission. If he should omit to come on board at the time appointed it is lawful for the master or other competent person or persons to require the aid of the police for the purpose of forcing him to fulfil his agreement. The same rule shall apply if any of the ship's crew leave the ship without permission, or if they fail to return to the ship in due time after having been given leave on shore. Also deserters are liable to punishment according to the common criminal law of May 22nd, 1902. At the expiration of service the master presents the seamen for dis- charge. At the discharge the master submits the seamen's books and account books, duly made up. The Mustering Official or Consul sees to it that the accounts of the discharged seamen are settled correctly, and provided they are accepted by the seamen in question he must certify the fact in the account books. If requested to do so, he must read aloud the contents of the account books and go through the items entered in them. 10. If during the voyage any person entered on the crew list has died, the master must immediately furnish by admissible evidence in law the necessary particulars regarding the occurrence, in which case the official to whom he applies shall immediately take the necessary steps, 48 and forward to the Enrolling Officer, on unstamped paper^ a record in writing of the proceedings free of charge. 14. The masters of foreign vessels, whether sailing in the foreign or in the coast trade, shall, when engaging or dismissing Norwegian seamen in this country, produce such seamen to the Enrolling Officers. 16. No foreign-going vessel for which production of the man or men to the Enrolling Officer is required may be cleared outwards at the Custom House before the master has produced either the crew list of the ship duly certified, or an attestation of the Enrolling Officer con- cerned, to the effect that, on the part of the Enrolling Authorities, there is nothing to prevent her clearing outwards for the intended voyage. Ships engaged in such foreign trades, for which only the statement of the crew is required, must not be cleared before producing such a list duly certified, or an attestation from the Enrolment Office. 18. In time of war, or when war is apprehended, the necessity of furnishing a return of the ship's musters, and crew list, likewise of pro- ducing the crew to the enrolment officials, may, by decree of the King, be extended also to other cases than those ordained by the present law. SWEDEN. In regard to ships in the foreign trade and certain passenger ships in the home trade, the fulfilment of the agreement is partly secured by official control of signing on at the beginning of employment and discharge at the end of employment. To ensure that the seaman does not violate the agreement, it is enacted (1) that any seaman who is registered at a Shipping Office shall, when engaged, deliver his discharge book to the master, who has to keep the same until the seaman is discharged ; (2) that any seaman who fails to enter upon his service, or who has taken engage- ment on a ship while he is bound by agreement to another vessel, may be fined by the Court ; (3) that if desertion is anticipated the master has the right to take the seaman and his effects into custody until the ship is sailing ; (4) that any seaman, deserting his ship, is deprived of his remaining wages and effects, all of w^hich accrue to the ship- owner, in addition to which the Court may imprison or fine the deserter, or, where aggravating circumstances have been proved, may condemn him to penal servitude ; (5) that anyone who induces or aids a seaman to desert may be condemned to fine or imprisonment. If an agreement is broken the injured party may bring an action before the Court. To facilitate the fixation of damages, especially when a seaman is discharged contrary to the agreement, the Maritime Law stipulates that the seaman must receive compensation amounting to one month's wages, together with payment of the cost of the voyage to the place of engagement or discharge. 49 2. Penalties. The Acts from which quotations have been given contain various penalties for breach of agreement. In certain cases these penalties have already been mentioned. {See pp. 36-38, 45-46). The detailed penal provisions are as follows : — UNITED STATES OF AMERICA. 107. Offences and punishments, R.S., 4596. — Whenever any seaman who has been lawfully engaged or any apprentice to the sea service commits any of the following offences, he shall be punished : — First. — For desertion. Second. — For neglecting or refusing without reasonable cause to join his vessel or to proceed to sea in his vessel, or for absence without leave at any time within 24 hours of the vessel's sailing from any port, either at the commencement or during the progress of the voyage, or for absence at any time without leave and without sufhcienb reason from his vessel and from his duty, not amounting to desertion. Third. — For quitting the vessel without leave, after her arrival at the port of her delivery and before she is placed in security. Fourth. — For wilful disobedience to any lawful command at sea. Fifth. — For continued wilful disobedience to lawful command or continued wilful neglect of duty at sea. Sixth. — For assaulting any master or mate. Seventh. — For wilfully damaging the vessel, or embezzling or wilfully damaging any of the stores or cargo. Eighth. — For any act of smuggling for which he is convicted and whereby loss or damage is occasioned to the master or owner. R.S.y 4608. — No seaman in the merchant service shall wear any sheath knife on shipboard. I 108. Corporal punishment prohibited. R.S., 4611. — Flogging and all other forms of corporal punishment are hereby prohibited on board of any vessel, and no form of corporal punishment on board of any vessei shall be deemed justifiable. I (6367) D 50 CANADA. The master of every foreign sea-going ship of which the crew has been engaged before a shipping master in Canada who, before finally leaving Canada, fails to sign and send to the shipping master before whom the crew was engaged, a full and accurate statement of every change which takes places in his crew before finally leaving Canada, for each offence incurs a penalty not exceeding 20 dollars. Every master of a ship of Canadian register of over 80 tons, exclusively employed in trading between any port or place in any of the provinces , and any other port or place in any of the other provinces, who carries any seaman to sea without entering into an agreement with him in the form and manner, and at the place and time in each case required for each offence incurs a penalty not exceeding 20 dollars. If any ship of any tonnage register attempts to go from any port to sea without complying with all the requirements of the law governing seamen, the master of such ship incurs a penalty not exceeding 200 dollars. Every master of any Canadian home-trade ship who upon statement to him made by a seaman or apprentice whilst on board such ship in any of the provinces that he desires to make complaint to a justice of the peace or naval officer in command of any of His Majesty's ships, against such master or any of the crew, fails (a) if the ship is then at a place where there is any such justice of the peace as soon as the service of the ship will permit ; or (b) if the ship is not then at such a place, so soon after her first arrival at such a place in any of the provinces as the service of the ship will permit, to allow such seaman or apprentice to go ashore, or send him ashore in proper custody, so that he may be enabled to make such complaint, incurs a penalty not exceeding 40 dollars. Any master, or owner, or consignee of any ship registered in the provinces, other than a Canadian home-trade ship, who discharges any seaman belonging thereto, or except in cases where some competent court otherwise directs, pays the wages of such seaman within any of the provinces otherwise than in the presence of a shipping master, incurs a penalty of 40 dollars. Every master who before paying off or discharging any seaman in any of the provinces from a ship registered in any of the provinces, other than a Canadian home-trade ship of less than eight tons, fails to deliver such seaman, or if such seaman is to be discharged before a shipping master, to such shipping master a full and true account of his wages, and all deductions to be made therefrom, for each offence, incurs a penalty not exceeding 20 dollars. Seamen or apprentices on ships in inland waters may sue for wages in a summary manner in or near the place at which the service has terminated, or at which the seaman or apprentice has been discharged, or at which any master or owner or other person upon whom the claim is made is or resides. The rights of masters on ships on inland waters for the recovery of wages, and for the recovery of disbursements made by him on account of the ship, are similar to those of seamen. 51 Every master of a Canadian foreign sea-going ship is guilty of an indictable offence who : — (a) Discharges any seaman or apprentice in any place situate in the United Kingdom or in any British possession other than Canada, without previously obtaining the sanction in writing of a public shipping master or other officer duly appointed by the Government in that behalf, or, in the absence of such functionary, of the chief officer of customs resident at or near the place where the discharge takes place and without having such sanction endorsed on the agreement ; or, (b) Discharges any seaman or apprentice at any place out of His Majesty's Dominions without previously obtaining the sanc- tion so endorsed as aforesaid of the British consular officer, there, or, in his absence, of two respectable merchants resi- dent there ; or (c) Leaves behind any seaman or apprentice at any place situate in the United Kingdom or in any British possession other than Canada, on any ground whatsoever, without previously obtaining a certificate in writing, so endorsed as aforesaid, from such officer or person as aforesaid, stating the fact and the cause thereof, whether such cause is unfitness or inability to proceed to sea, or desertion or disappearance ; or, (d) Leaves behind any seaman or apprentice at any place out of His Majesty's Dominions, on shore or at sea, on any ground whatsoever, without previously obtaining the certificate endorsed in the manner and to the effect last aforesaid of the British consular officer there, or, in his absence, of two respectable merchants if there are any at or near the place where the ship then is. Penalties are provided for every master of a Canadian foreign sea-going ship who refuses or nef^lects to give a full account of wages due to any seaman, as well as for delivering a false account of wages due to a seaman. As stated above, articles of agreement must be entered into between the master of every Canadian foreign sea-going ship or Canadian home- trade ship. For the faithful performance of his duties every seaman engaged signs the following declaration : — • And the said crew agree to conduct themselves in an orderly, faith- ■ ful, honest and sober manner, and to be at all times diligent in their respective duties, and to be obedient to the lawful commands of the said master, or of any person who shall lawfully succeed him and of their superior officers, in every- thing relating to the said ship and the stores and cargo thereof, whether on board, in boats, or on shore ; in con- sideration of which services duly performed, the said master hereby agrees to pay to the said crew as wages the sums against their names respectively expressed, and to supply them with provisions according to the annexed (6367) 52 scale ; and it is hereby agreed : That any embezzlement or wilful or negligent destruction of any part of the ship's cargo or stores shall be made good to the owner out of the wages of the person guilty of the same : And, if any person enters himself as qualified for a duty which he proves in- competent to perform, his wages shall be reduced in pro- portion to his incompetency : And it is also agreed. That the Regulations, which are annexed hereto, are adopted by the parties hereto, and shall be considered as embodied in this agreement ; And it is also agreed. That if any member of the crew considered himself to be aggrieved by any breach of the agreement or otherwise, he shall represent the same in a quiet and orderly manner to the master or officer in charge of the ship^ who shall thereupon take such steps as the case may require : And it is also agreed : (Here follows any stipulations which the parties have agreed to, and which are not contrary to the law.) In witness whereof the said parties subscribed their names hereto on the days against their respective sig- natures mentioned. For the purpose of ensuring the proper carrying out of the agreeemnt the following penalties are imposed : Every master of, or any seaman or apprentice belonging to, any ship registered in any of the provinces who by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, does any act tending to the immediate loss, destruction or serious damage of such ship, or tending immediately bo endanger the life or limb of any person belonging to or on board of such ship, or who, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction or serious damage or for ])reserving any person belonging to or on board of such ship from immediate danger of life or limb, is guilty of an indictable offence. Any seaman who has been lawfully engaged or bound to any Canadian home-trade ship under a duly signed agreement as required by the law, and any apprentice who has executed indentures to the sea service in any of the provinces, shall be liable, on summary conviction : — (a) For desertion, to imprisonment for any term not exceeding 12 weeks and not less than eight weeks with hard labour, and also to forfeit all or any part of the clothes and effects he leaves on board, and all or any part of the wages or emolu- ments which he has then earned ; and, if such desertion takes place abroad, at the discretion of the Court, to forfeit all or any part of the wages or emoluments he earns in any other ship in which he is employed until his next return to any of the provinces, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts 53 to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him ; (b) for neglecting or refusing, without reasonable cause, to join his ship, or to proceed to sea, or on any voyage in his ship, or for absence without leave at any time within 24 hours of the ship's sailing from any port either at the commence- ment or during the progress of any voyage, or for absence at any time without leave and without sufficient reason, from the ship or from his duty not amounting to desertion or not treated as such by the master, to imprisonment for any term not exceeding 10 weeks, and not less than four weeks, with or without hard labour ; and also, in the discretion of the court, to forfeit out of his wages a sum not exceeding the amount of two days' pay, and in addition for every 24 hours of absence either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute. (c) for quitting the ship without leave after her arrival in her port of delivery, and before she is placed in security, to forfeit out of his wages a sum not exceeding one month's pay ; (d) for wilfiil disobedience to any lawful command, to imprisonment for any term not exceeding four weeks and not less than two weeks, with or without hard labour ; and also, in the dis- cretion of the court, to forfeit out of his wages a sum not exceeding two days' pay ; (e) for continued wilful disobedience to lawful commands or continued wilful neglect of duty to imprisonment for any term not exceeding 12 weeks and not less than four weeks, with or without hard labour ; and also, at the discretion of the court, to forfeit for every 24 hours, continuance of such disobedience or neglect, either a sum not exceeding six days' pay, or any expenses which have been properly incurred in hiring a substitute ; (/) for assaulting any master or mate, to imprisonment for any term not exceeding 12 weeks and not less than six weeks, with hard labour ; {g) for combining with any other or others 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, to im- prisonment with hard labour for any term not exceeding 12 weeks and not less than six weeks ; (h) for wilfully damaging the ship, or embezzling or wilfully damaging any of her stores or cargo, to forfeit out of his wages a sum equal in value to the loss thereby sustained, and also, at the discretion of the court, to imprisonment with hard labour for any term not exceeding 12 weeks and not less than six weeks ; 54 (i) for any act of smuggling of which he is convicted and whereby loss or damage is occasioned to the master or owner, to pay to such master or owner such sum as is sufficient to reimburse the master or owner for such loss or damage ; and to have the whole or a proportionate part of his wages retained in satisfaction or on account of such liability, without prejudice to any further remedy. GREAT BRITAIN. For the penalties laid down for breach of agreement, see above, pp. 36-38 and 45-46. 130. If any person : — (a) Makes a false report of character under this Act, knowing the same to be false ; or (b) 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 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. JAPAN. Article XLVI. — Any person who has obtained the grant of a Mariner's Service Book fraudulently, shall be liable to major confinement for not less than 15 days and not more than six months, and further to a fine of from Yen 2 to Yen 20. The foregoing provisions shall apply to the case of a person who has obtained approval on a Seaman's List or attestation in a Mariner's Service Book by fraudulent means. Article XLVII. — Any person neglecting to apply for the grant, cor- rection, or attestation of approval of a Mariner's Service Book, or neglect- ing to return the Mariner's Service Book, in contravention of the provi- sions of Arts. 7, 9, 10, 12, 29, 32 or 35, shall be liable to a fine of from Yen 2 to Yen 20. Article XLVIII. — Any person using a false Seaman's List or Mariner's Service Book, shall be liable to major confinement for from one month to one year, and further to a fine of from Yen 4 to Yen 40. The foregoing provisions shall, in like manner, be applicable to the CHse of any person who, when using a Seaman's List that has been approved, or a Mariner's Service Book that has been attested, makes additions thereto, or takes anything therefrom, or makes any alt-eration 55 whatever in the said Seaman's List or in the said Mariner's Service Book. Article XLIX. — In the following cases the master shall be liable to major confinement for from 11 days to six months, or to a fine of frcm Yen 30 to Yen 300 :— (1) When a master, without any proper reason, does not supply the ship's documents prescribed by Clause 1, Art. 562, of the Commercial Code, or destroys the said documents. (2) When a master refuses to forward documents in accordance with the provisions of Art. 14. (3) When a master fails to record the particulars which should be entered in the document prescribed by Art. 562, Clauses 2- -5, of the Commercial Code, or when he makes a false entry. (4) When a master makes a false report in the cases referred to in Clauses 1 or 2, Art. 17. Article LXI. — If after an agreement has been signed and approved, a seaman fails, without proper reason, to go on board the ship at the. time appointed by the master, he shall be liable to a fine of from Yen 2:\ to Yen 20. Article LXIII. — If a seaman, passenger or any other person on board . the ship, without due reason, fails to comply with a summons of the-: Maritime Authorities, or to obey their orders, with reference to for- warding any document in accordance with the provisions of this law, such seaman, passenger or person shall be liable to a fine of from Yen 5 to Yen 50. NORWAY. Section 19. — Every master of a vessel omitting to have the crew shipped according to the law, or to furnish the return of the crew in cases where such is required, or in shipping, to state all the persons engaged in the service of the ship, or to comply with the rules laid down in section 2, last clause, and in sections 6 and 10, in section 11 and section 12 as far as concerns the dismissal of seamen, and in section 15, shall incur a fine of from 8 to 200 Kroner. The same penalty shall be inflicted, if in the case referred to in section 5, a master makes a false statement, provided no higher penalty be incurred by the Penal Code. The fines, which shall be imposed by a Police Court Tribunal, shall be paid into the Treasury. {See Law of Navigation of March 24th, 1860, 132.) 56 3. Settlement of disputes. In connection with the carrying out of agreements, and in particular at the time of discharge, disputes may arise. Special provision is made in the laws which have been quoted for the settlement of such disputes, in order to ensure the exact observance of the agreements. The general provision is that the maritime official, or the consul, is empowered to attempt to settle such disputes amicably, with a view^ to securing that the agreement with reference to which the dispute arose shall be observed. If he fails to settle the difference, he shall advise the party who con- siders himself injured how to obtain redress. The detailed provisions are as follows : — UNITED STATES OF AMERICA.' If a seaman has any cause for complaint he may have his case arbitrated by a shipping-commissioner providing the master also consents, in which case his decision is final, but either party may refuse arbitration and resort to action in the federal courts. (Navigation Laws of the United States, 1919, pages 85, 86.) 100. Desertion of Seamen Abroad. R.S 4600. — It shall be the duty of all consular officers to discountenance insubordination by every means in their power and, where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where seamen or officers are accused, the consular officer shall inquire into the facts and proceed as provided in section 4583 of the Revised Statutes ; and the officer discharging such seamen shall enter upon the crew list and shipping articles and official log the cause of such discharge and the particulars in which the cruel or unusual treatment consisted and subscribe his name thereto officially. He shall read the entry made in the official log to the master, and his reply thereto, if any, shall likewise be entered and subscribed in the same manner. 57 BELGIUM. According to the Royal Decree of 20tli March, 1914 , Article 28, if any dispute arises with regard to wages, the Maritime Commissioner must attempt to secure an agreement between the parties, and failing this, the matter must come before a competent court. According to the Royal Decree of the 11th March, 1857, in case of disagreement between masters and crew or passengers outside Belgium, the consul must attempt to secure agreement. He must arbitrate on questions referred to him with regard to wages of the seamen and the execution of agree- ments. Consuls have disciplinary rights on Belgian commercial ships in all ports in their area. The rights and obligations of seamen who are prevented from carrying out to the end the contract which they have signed, are dealt with in the laws of the 21st August, 1879 (Articles 93-102 and 107), 12th June, 1902, 10th February, 1908. DENMARK. If the settlement of accounts gives rise to a disagreement between the owner and any of the crew, or if the Director of Enrolment sees himself obliged to intervene with regard to the carrying out of an agreement, he must attempt to settle the matter amicably, and if he does not succeed in doing so, he must instruct the party which con- siders itself injured, as to the means of obtaining justice. GREAT BRITAIN. 137 — (1) Where in the case of a foreign-going ship a question as to wages is raised before a superintendent betw^een the master or owner of the ship and a seaman or apprentice, and the amount in question does not exceed £5, 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 the opinion that the question is one that ought to be decided by -a court of law, he may refuse to decide it. (2) Where any question, of whatever nature and whatever the amount 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 hear and decide the question so submitted, and an award made by him upon the sub- mission 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. 138 — (1) In any proceeding under this Act before a superintendenb relating to the wages, claims or discharge of a seaman, the superin- tendent may require the owner, or his agent, or the master, or any mate 58 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. (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 £5. JAPAN. Article XXX, — In the case of any dispute with regard to the dis- charge of a seaman, one of the parties concerned may apply to the maritime authorities for the approval of the discharge, stating the reason. If the maritime authorities consider the application reasonable, they shall summon both parties to appear before them with bhe Seaman's List and the Mariner's Service Book, and shall approve the discharge. If one of the parties concerned does not appear, the maritime authori- ties may approve the discharge on consideration of the statements made by the other party ; in such a case the reason thereof shall be recorded in the Seaman's List and in the Mariner's Service Book. In the cases mentioned in the two foregoing clauses the maritime authorities may require both parties to forward to them the Seaman's List or the Mariner's Service Book. NOEWAY. Section 9. — The Enrolling Officer shall see that the accounts of dis- charged seamen are duly settled, and provided the party concerned acknowledges its correctness, he shall attest it in the account book, and provide their patents and seaman's books with his attestation. When required, he shall read the contents of the account book to the parties, and examine the different items contained therein. If the master and a seaman do not agree as to the settlement of accounts, the Enrolling Officer shall try to effect an agreement between them, and if an amicable adjustment cannot be effected, make an annotation of the circumstances of the case in the account book of th3 party concerned. The Enrolling Officer shall besides, when complaints are made either by the master or the seamen, try to bring about an agreement and advise those who consider themselves aggrieved, as to what steps they ought to take in the matter. (In foreign countries a dispute is brought before a consul, whose decision vshall for the time being be binding on both parties until the dispute can be brought before a court in Norway.) Where disputes as to the conditions of service between master and seamen arise, the superintendent at home and the consul abroad shall settle the question. The decision of the superintendent or the consul must be complied with, until the case has been examined by a Swedish Court of Justice. 59 C. Other Measures to Secure the Observance of Agreements. One of the questions in the questionnaire related to provisions for securing the observance of agreements by trade unions and other means. On this question very- little information has been supplied. As was said at the beginning of this Report, the question of articles of agreement is a formal one, and the trade unions have, for the most part, devoted their attention to the great material questions of hours of labour, wages and accommodation. The replies to the questionnaire which supply information are as follows : — UNITED STATES OF AMERICA. The working rules established by agreements with the seamen's unions j^rovide that in doubtful cases and cases of dispute the employee should do as his officers require and refer the matter in question to the union for settlement. The Marine Engineers' Beneficial Association, by Rule 12 of the working rules agreed upon by them and the shipowners, provide that if, after investigation, it is found that any member of the association was discharged for the observance of the rules, no other member will be permitted to work with his substitute. This association consists of licensed engineer officers. BELGIUM. The formation of a Commission of Arbitration, in which shipowners and seamen will be represented, is now being considered. 60 NORWAY. The conditions of work and pay are partly stipulated by tariff - agreements between the organisations of the owners and those of the subordinate seamen. By law concerning working disputes of the 6th August, 1915, the tariff-agreements are given a certain legal validity further dealt with in the law. Regarding these tariff-agreements the Norwegian Shipowners' - Association has given the following information : — In regard to the subordinate organisation concerned, which is the joint contractor, security has been effected through the fact that, on making the tariff-agreements, it has been ex- pressly stated or presumed that the members of the organisa- tion are to accept the terms agreed to in the tariff-agreement, and that the organisation, as long as the agreement lasts, may not aid any claim for any improvement of the stipula- tions of the agreement. *^ In our agreement with the Norwegian Engineers' Union it is, besides, expressly stated that the Engineers' Union may not commence, agree to, or aid any claim for other terms than those stipulated by the said agreement. In dealing with disputes arising under the agreement our agreements make reference to the law concerning working disputes of the 6th August, 1915. In the agreement with the Engineers' Union and in the agreements with the Norwegian National Union of Stewards and the Norwegian Association of Restaurants, it is also stated that it shall be attempted to adjust, by negotiations between the parties, any dispute that may arise. Detailed stipulations regarding such negotiations are embodied in an agreement between the organisations. " In regard to our members it is tried to enforce the carrying out of the agreements through stipulations in the bye-laws of our organisation, which say :— ' Breach of resolutions concerning collective agreements entail fines and damages.' The bye-laws, besides, contain a clause stipulating that agreements between a member of our association and another organisa- tion shall be accepted by us, if not, a fine may be imposed ; and further, in case of labour disputes, any damages may, from the same reason, be forfeited. " For the sake of completeness we beg to add that we have also a tariff-agreement with the Union of Norwegian Masters, which does not, however, contain any special stipulations on the points referred to in the foregoing touching the agreements with the subordinate sailors, but practically only stipulates the rates of salaries for the masters.'* From this it appears that tariff-agreements like those commented on by the Norwegian Shipowners' Association indirectly will be able to ensure the observance of the individual agreements. 61 SWEDEN. Collective agreements as to wages and conditions of labour have been made between the seamen's trade unions and the Swedish Shipowners' Federation, which comprises the greater part of Swedish tonnage. During the validity of these agreements none of the organisations may resort to a strike or lock-out, or take other steps to disturb the work. Disputes that may arise between the parties with regard to the inter- pretation of an agreement may by any of them be referred to a board of arbitrators, whose award is obligatory upon the parties. 62 CHAPTER II. THE POSSIBILITY OF AN INTERNATIONAL CODE FOR SEAMEN. The Attitude of Governments. The Governments of the different States were asked to state whether they thought it possible to establish a kind of International Code for Seamen ; and if so, what their Government considered should be the general principles of an International Maritime Code as regards the con- ditions of service at sea. At the same time a note was inserted in the question- naire stating that the Governing Body of the International Labour Office, at its meeting in January, when the Agenda of the questionnaire was drawn up, had this important question brought before it ; and that the Governing Body considered it so vast and bound up with so many other problems that the coming International Conference would hardly be able to deal with it. In their replies, the different States agree, on the whole, with the view of the Governing Body, and the consensus of opinion would appear to be that, though there are no insuperable difficulties in the way of an International Code for Seamen, the time is not yet ripe for the detailed discussion of the project, owing to the variety and complexity of the problems involved. In accordance with this view, the various Govern- ments have not attempted to state in detail what they consider should be the general principles of an Inter- national Maritime Code, although in certain cases they express their attitude to some of the important problems involved. The replies received from Governments are as follows : — • 63 1. The Possihility of an International Code. UNITED STATES OF AMERICA. The Government of the United States expresses the following view : — The Seamen's Act of the United States, being very much in the nature of a code, demonstrates the possibility of making an international code for seamen." ARGENTINE REPUBLIC. The Government of the Argentine Republic expresses the opinion that the establishment of a kind of international code for seamen is possible. BELGIUM. The Belgian Government has expressed the following view : — " It is certainly possible, and it will be necessary, to establish an international code for seamen, relating to the regulation of conditions of labour, manning, accommodation, articles of agreement, etc." FINLAND. The view expressed by the Government of Finland is as follows : — ■ " Taking into consideration the great difierences prevailing between the different continents and the separate States contained within these, not only regarding their climate, natural resources, wealth, staple industries, and development, but in regard to their national character, disposition, ethical code, and legislation, it would hardly seem ex- pedient — if at all possible — to attempt to establish any detailed inter- national legislation in regard to seamen. Such ought to be confined to general principles such as those discussed in the foregoing pages." FRANCE. The attitude of the French Government is expressed as follows : — " The establishment of an international code for seamen may be justified, either by the interests of the shipowners whose expenses for salaries and other accessories would be equalised, or by the interests of the seamen who would benefit by a common regulation of work, both considerations eminently calculated to create a happy equilibrium favourable to the development of the maritime transport industry, 64 and, conseqaently to the amelioration of the economic relations of the whole word. France, moreover, more than any other maritime power, would have a primary interest in unifying the law relating to seamen. It is, in fact, an acknowledged truth that the charges which are imposed on French shipowners by the national laws, are, generally speaking, notably higher than the similar charges imposed on other shipowners by their respective legislation ; consequently any international agree- ment which aimed at approximating foreign legislation to the French legislation, would diminish the pecuniary deviation which at present separates the working expenses of French shipowners and foreign shipowners, and would to that extent strengthen the position of the French Mercantile Marine in the struggle of world competition. The law relating to seamen embraces a considerable number of rights or obligations, the creditor or debtor parties to which are in some cases the shipowner, in others the seaman, and in others the State, arising either from the purely private execution of the contract of maritime employment, or from the action exercised by the State in the name of public order, in the working of the ship or in the pro- fessional life of the seaman. We would point out specially: (1) In the matter of the execution of the contract of employment and apart from the rules relating to the formation, establishment and termination of the contract of employment, the obligations incumbent upon the shipowner relating to the payment of the wages due to the seaman (with the related questions concerning abatements, places and times of payment, consignment, suspension and retention of wages, payments in advance and on account, restitution of advances, assignments of wages, debts of seamen, seizures and cessions of wages, and accessorily to the jurisdiction, procedure, periods of prescription, etc., in regard to litigation relating to the execution of the contract of marioime em- ployment, to the furnishing of the seaman employed on board with food and sleeping accommodation suitable to the voyage undertaken, or in default thereof, to the allocation of any equivalent indemnity; to the care of, and the wages to be paid to, seamen falling sick or injured in or by reason of the service of the ship, and to the discharge of the seaman in the place of his embarkation or in any case in a con- tinental national port (repatriation and passage) and obligations in- cjtimbent on the seaman and relating to the performance of the work for which he has been engaged ; and, secondly, in the matter of State action the obligations incumbent on the shipowner and relating to the observance by him of the rules concerning regulation of work, manning, the nautical security of the vessel, management, habitability and salubrity of quarters, feeding of crews, obligations incumbent on the seaman and specially as regards failure of performance of the dis- ciplinary and penal law relating to seamen, and the obligations incumbent on the State as the public authority relating to the establish- ment and effective working of regulations regarding the finding of employment and unemployment of maritime workers ; professional maritime instruction to be given to candidates for navigation certificates and the conferring of certificates and diplomas enabling their holders 65 to exercise the functions of command on board ship : the solution by way of conciliation or arbitration of collective conflicts arising between shipowner and seamen and the material support of seamen in old age or falling sick in the course of employment (insurance against normal or premature old age, insurance against accidents or industrial diseases, etc.). " It will, therefore, be understood how difficult of solution is the question of International Law relating to seamen, touching as it does so many problems which are, moreover, as complex as they are numerous. " In the first three items of its agenda, the Genoa Conference has put down for consideration the particular points of working hours, manning and accommodation (Item I), of Articles of Agreement, facili- ties for finding employment, provision and insurance against unemploy- ment (Item II) and the protection to be given to children (Item III), but there will also be on the table a mass of problems so vast that the Conference w^ll find it impossible to arrive at a definite solution of each of them and will have to be satisfied with a simple exchange of views for the purpose of clearing the much encumbered ground and of pre- paring for the future. " Moreover, a methodical a j^riori quest of national law for seamen would require a preliminary knowledge of all rules enacted in this matter by the national legislations of the principal maritime powers, a knowledge which would make it possible to bring together and com- pare the different laws of the world, and, therefore, to build up a common legislation, a sort of compound of the particular legislations which, while taking account of the special requirements of each country and safe- guarding the vital interests of the national marines, would unite in these provisions the measures considered most fit, ' to ensure the physical, moral and intellectual well-being of the workers of the sea.' (Treaty of Peace, Part XIII, Labour Preamble). Now the French Government does not possess in the matter of foreign maritime legislation a sufficient equipment of documents to enable it to express on the greater part of the points relating to the question at issue, a settled and authoritative opinion." GERMANY. The German Government expresses the view that the establishment of a kind of International Code for seamen is not possible at present. GREAT BRITAIN. The attitude of the British Government is expressed as follows : — " The practicability of establishing an International Code for seamen depends upon the willingness or otherwise of all maritime countries to agree to adopt and enforce a reasonable and proper code. (6367) E 66 " The general principles of an International Code for seamen as regards conditions of service at sea cannot be indicated until the large questions of policy involved have been considered by the National Maritime Board. " In view of the great diversity of conditions affecting fishing opera- tions in different countries the proposal to establish an International Code for Sea Fishermen would raise very great difficulties." GREECE. The opinion of the Government of Greece is as follows : — " The establishment of an International Code regulating in a uniform manner the conditions of work of seamen is certainly no easy matter. The Hellenic Government does not overlook the movement which has been in evidence for several years in the sea-faring world, the tendency of which is to secure conditions of work which will improve the general position of seamen so as to assimilate it in more ways than one to that of workers on land ; but, however favourably disposed the Government may be to the ideals of the sea-faring world, it is by the nature of things forced to take account of the essential differences which exist between the work of workers on land and the function of the seaman. Also it fully shares the opinion of the International Labour Office that the coming Conference would not be able to solve a question of such extent and involving so many other problems, but that it could at all events prepare the ground and trace the line of demarcation between work at sea and work on land. The Hellenic Government reserves the right to submit its views to the Conference in a special memorandum." HOLLAND. The Government of the Netherlands has expressed the following view : — " The Netherlands Government does not consider that the time has yet come for the establishment of a kind of International Code for seamen. In general, the formation of collective agreements is not yet sufficiently developed." NORWAY. The Norwegian Government has expressed the following view : — " The Government will at the present time not say that it is impossible to compile such a code but considers the practical carrying out of the idea very difficult. " It may be of interest to inform that Norway for several years has had co-operation with the other Scandinavian countries just within this 67 scope. Already the Norwegian Maritime Law of July 20th, 1893, was ' prepared under co-operation between Norway, Sweden and Denmark. . As far as the regulations regarding the crew in this law are concerned I there are indeed a couple of minor differences, but in the main the three ^ laws are uniform. The co-operation has been continued during the pending revision of the law. For this purpose a mixed committee has been formed with representatives for each of the three countries and Finland. The Committee — which as yet, however, has not given its recommendation — will presumably suggest that the regulations regard- ing the crew be separated from the maritime law and subsumed under n a special law concernwg seamen. p , " This Scandianvian co-operation within the scope of the maritime I law has so far shown good results and will, as mentioned above, be I continued. We will, however, remark that the co-operation has been I highly facilitated by the fact that Norwegians, Swedes and Danes are ^ closely related as nations. The languages do not differ more than that I they can understand each other mutually ; the judicial sentiments are ' mainly the same. " We must therefore be wary of drawing analogy from this co-opera- tion when it comes to extending the scope to all nations. We fear that the preparations in details of a general International Code for seamen in • practice wall meet with great difficulties. If the idea of International I rules within this scope is to be realised it ought therefore perhaps not i to be done in this way that an International Law is prepared, but by 1 adopting an International Convention, which only stipulates certain . general principles and leaves the closer framing of these to national i legislation." I I SPAIN. The Spanish Government has replied to the question as follows : — \ "At the meeting held in Paris by the Governing Body of the Inter- i national Labour Office, preparatory to the Seamen's Conference, the I English delegate voted against this item of the agenda. The Spanish delegate, considering not only the quality of this vote, in which the J Belgian delegate also joined, but also the importance and complexity of the other measures to be dealt with, such as the working day, wages and the age of admission to employment, expressed his opinion that the ' consideration and discussion of a subject so important as the establish- I ment of an International Code for seamen should be left for a later date, ^ considering, moreover, that it would be too much to expect that at the ' first moment anything would be done beyond the introduction of ' the question, and therefore that it should be postponed so as to leave more time for modelling on a large scale the whole contexture included I in the position of seamen as a working and social class. I " The Spanish delegate having therefore voted at the meeting in f question against this point, without implying opposition to the possi- ! bility of the establishment of such a Code at the proper time, which > opinion it should be noted the Argentine representative supported, it \: (6367) E 2 68 is not fitting nor convenient to enter now on a consideration of such an important question ; we must limit ourselves to ratifying the attitude of our delegate in supporting the votes of England and Belgium, without denying any more than he did, the possibility of establishing an International C3de, after a careful and proper study of the matter, ani to miintainin^ on the present occasion our abstention from going more deeply into the question for the purpose of expressing any concrete opinion on the substance of the matter involved therein." SWEDEN. The Swedish Government expresses the following opinion : — " International legislation relating to seamen may, under certain presumptions, be effected. " Such legislation should, however, only embrace vessels employed in foreign shipping, and should not apply to the national shipping, which the different countries carry on along their own coasts and on their respective inland waterways. " As regards, however, even the first-mentioned class of shipping, international rules may not be suitable for all circumstances, but ought to be limited to certain subjects, especially selected for such regulation. In solving this problem, it seems to be of great importance to proceed gradually, because the establishment of international rules, which may produce incalculable consequences, must be preceded by a close and careful deliberation on the different questions involved." 2. The principles of an international code. The attitude of Governments on the question is expressed in the following replies which have been received : — UNITED STATES OF AMERICA. The reply of the United States of America is as follows : — " The requirements of the sea service make it necessary that more stringent disciplinary measures be applied to seamen at sea than to men in other classes of industry. A distinction should be made between the service of seamen while at sea and while in a safe harbour. In the former case suitable penalties should be provided to enforce obedience and the efficient performance of their duties by seamen, but, while in a safe harbour, seamen should be subject to only such civil liabilities as those to which other classes of workmen are subject. Payment of wages in advance before they are earned should in all cases be prohibited. Other principles which should be included in the preparation of an International Code should be such as are the basis of the present laws of the United States relating to seamen. These laws are conveniently brought together in code form in the Bulletin of the Bureau of Navigation of the United States Department of Commerce; entitled ' Navigation Laws of the United States, 1919.' 69 ARGENTINE EEPUBLIC. The Argentine Republic, in its reply to the questionnaire on this point, deals only with the question of compensation for accidents, and points out that in the Argentine Republic, the principle is recognised that the same compensation for accidents incurred during work, which, under Law 9688 is granted to industrial labour, is also granted to seamen. BELGIUM. 1 I To this question the Belgium Government has submitted the follow- er ing reply : — " It is impossible to assimilate the working agreements of seamen to those of workers on land. There is universal agreement that good I discipline on board is indispensable for the safety of navigation. With ' regard to the right of leaving the ship in a foreign port, it is considered , by all that the exercise of this right is almost impracticable and injurious equally for the seaman and for the shipowner. The question of pay- ment of wages during the voyage should be regulated in an international manner. Insurance against enforced unemployment caused by the i loss of a ship should be obligatory and should be rendered uniform for ' all ships. The question of the insurance of seamen against loss of life j and possessions should also be regulated in an international manner." FRANCE. The attitude of the French Government is expressed as follows i — ' "If so, what does the French Government consider should be the general principles of the International Maritime Code as regards the I conditions of service at sea ? In particular, should the seamen's con- I tract of employment be brought into line or not with that obtaining i generally in the case of other w^orkers, for instance, for discharge, the right to leave their ship in a foreign port, payment of wages before ; discharge, etc. ? " In a general sense, and for the reasons explained in the first question above, the French Government will not be in a position to decide on , the various problems dealt with by the International Labour Office I until after these particular points have been discussed at the Conference • and its opinion has been enlightened and fortified by the documentary, ; economic and other information which it will be able to gather in the course of the debates. " As regards the desirability of unification of contracts of employ- , ment on land and at sea and without prejudice to the definitive solution which the French Government will give later to these questions, it ^ does not appear that it would be practically possible or even desirable 70 for the practical working of merchant ships to create an absolute and complete assimilation between workers on land and workers at sea. " This problem has already been frequently discussed by French shipowners and seamen either separately in their corporate congresses or together in technical governmental councils and if it has always been recognised as useful to approximate as much as possible the clauses of contracts of employment on land and at sea, which present no charactei of peculiar specialisation, the seamen and their qualified representatives have equally always recognised the necessity of clauses special to maritime employment not only in disciplinary and penal matters (which require to be governed by a particular code in as much as the ship and the individuals on board of her, form a particular society in which unity of action, hierarchy, absolute respect for authority are necessities of public order which must be assured by efficacious sanctions' (Barbey Report, 1890), but also even in the matter of the formation, establishment and termination of the maritime employ- ment. " In 1905 and in 1913 the French Government set down for considera- tion the two important questions of the revision of the disciplinary and penal Decree Law relating to the Mercantile Marine and of the various statutes which relate to employment of seamen. The very detailed discussions which followed both in the special commissions charged with the elaboration of the preparatory texts and in the technical governmental councils charged with fixing the final texts to be sub- mitted for the approbation of Parliament, led to the drawing up in 1913 and in 1914 of two formal Bills which still at the present day reflect exactly the equilibrium of ideas at which the French shipowners the maritime proletariat and the department of mercantile marine have finally arrived and might, therefore, usefully serve as a basis for the building up of a contractual and penal law for seamen. " Without entering into exact details of the Bills in question we will signalise only the solution somewhat complex but very complete given by Article 133 of the Bill of 1914 to the particularly delicate question of the limit of the period of service at sea, during which no determination of the engagement agreed upon by the seaman, can be effective i e a seaman shall not be able, either in French ports or in foreign ports to make use of the right of determining his agreement from the time fixed by the captain of the departing vessel for the commencement of the service by watches in view of setting sail ; provided, nevertheless, that the right of leaving the service shall not be refused to him more than 12 hours before the time fixed for setting sail if the seaman belongs to the deck staff or to the engine-room staff and if the ship has been in port more than 48 hours, more than 4 hours before the time fixed for setting sail if the seaman belongs to one or other of the two staffs and if the vessel has been in port less than 48 hours, more than 2 hours before the time fixed for the embarkation of passengers if the seaman belongs to the general service staff. A seaman shall not be able, either in Vrench ports or in foreign ports to make use of the right of determining 71 his contract before the time fixed by the captain of the vessel entering port for the cessation of service by watches, provided nevertheless, that the right of leaving the service shall not be refused to him more than 4 hours after the arrival of the vessel at the place of mooring in which she shall be in safety, if the seaman belongs to the deck staff or engine- room staff, more than 2 hours after landing of the passengers, if the seaman belongs to the general service staff. Violation by the seaman of the provisions of the preceding paragraphs shall give rise, inde- pendently of such indemnities as may be due to the shipowner, to the application of the disciplinary and penal provisions enacted by law.' " GREAT BRITAIN. The following view is expressed in the reply from the British Govern- ment : — " Sea Fishing : — The engagement and discharge and discipline sections in Part IV of the Merchants Shipping Act have worked well and would form a good basis for a code if one is desired. " Any question of right to leave in a foreign port does not so much arise in case of fishing boats. A merchant sailor could find employ- ment in other vessels, a fisherman, trawler or drifter, leaving his ship in a continental fishing port would often be stranded there. It is better the man should sign for the voyage, but on some voyages — according to the agreement — the men can claim discharge at any time, anywhere, on giving a certain notice. There is no system of payment of wages before discharge but an arrangement is frequently made as between skipper and man for an advance of wages, at the skipper's own risk." HOLLAND. On this question the Netherlands Government makes the following reply In accordance with the preceding section (see above, page 66) this question must remain without a reply. But it may be observed that the special conditions under which seamen perform their work require special provisions for their working agreements." 72 NORWAY. The Norwegian Government expresses the following view : — The Norwegian regulations of interest to these questions are to be found in the Maritime Law of 1893 as mentioned above under question 1 . As this Law, however, is soinewhat antiquated the Norwegian provisions may be of less interest and still more so as they at present are being revised by a Scandinavian Committee. As the recommendations of this committee are not yet at hand, the Norwegian Government is at present not in a position to set up any proposition regarding the principles of eventual international regula- tions. We will only point out one single case which to the Norwegian mercanrne marine it is of considerable interest to have regulated by International agreement, namely, the settlement of disputes which arise between master and crew while the ship is abroad. In the Norwegian Articles of Agreement {see further regarding these under the reply to question 2a and annexure No. 9) the parties bind them- selves to have disputes regarding the right understanding of the contract provisionally settled by a Norwegian consul and not when abroad to bring them before any foreign court of justice. We have, however, experienced that this clause is not always respected by foreign authori- ties, and that essential inconveniences are caused, when the cases are tri^d by a court without any knowledge of Norwegian law and judicial sentiment. We would therefore consider it desirable that this case be regulated by an International agreement, stating as a principle, that disputes between master and cre% should not be brought before a court of justice in some port abroad, where the ship may happen to be lying.'' 73 SWEDEN. The opinion of the Swedish Government on this question is as follows : — The points that seem primarily to be most adapted for International legislation, are questions A, B and C under the first item of the agenda, dealing with hours of labour, manning and accommodation. A matter on which the possibility of International regulation has already been shown by a number of conventions, is the question of securing assistance for sick and destitute seamen left abroad, and their repatriation. " It is likely that this matter could, with advantage, be given im- mediate attention with a view to further Intern ationalisation. ' ' It is very difficult to decide to what extent the judicial principles of the contracts of employment may be made a subject for International legislation. It must be taken into consideration that the contracts of employment in the different countries obtain their support from the general principles of the civil legislation and are, moreover, closely connected with the national statutes concerning agreements in other trades. The different conditions of shipping, i.e., shipping carried on by regular liners, by tramp steamers or in time-charter, etc., require also their special rules of agreement. Further, attention must be paid to the distinction of statutory regulations, the application of which ought to be dependent on the free will of the contracting parties, and of such stipulations as ought to be of compulsory character. It is the last- mentioned category of rules that should, in the first instance, constitute the subject of International legislation. ''As to the question whether the seaman's contract of employment ought to be brought into line or not with that obtaining generally in the case of other workers, it may be maintained that the characteristic features of the seafaring trade must necessarily entail certain peculiari- ties in seamen's legal position with regard to their contracts of employ- ment. In the present state of things it has not, however, been found appropriate to express any more definite opinion that would imply the taking up of a position with reference to the different matters associated with this question." APPENDIX. Text of laws, decrees, orders and agreements, MANNING. 1. Australia Navigation and Shipping Act of 1912. 2. Canada Shipping Act of 1906. 3. France ... Law regulating conditions of work on board ship of 1907. 4. Great Britain ... Merchant Shipping Act of 1894. Merchant Shipping (Convention) Act of 1914. 5. Italy Mercantile Marine Code. Collective Agreement, 1920. 6. Japan Law No. 68 of the 6th April, 1896. 7. New Zealand Shipping and Seamen Act of 1908. 8. Norway Eoyal Decree of Slst May, 1918. 9. Sweden Maritime Law of 1914 and 1917. 10. United States ... Navigation Laws, 1919. Act of 4th March, 1915. Navigation Laws, 1919. Collective Agreements. 77 AUSTRALIA. Act relating to Navigation and Shipping, 1912. SCHEDULE 1. (1) Scale of Deck Officers. Every British ship registered in Australia or engaged in the coasting trade (other than a limited coast trade or river and bay ship of less than 15 tons gross registered tonnage) shall be provided with a duly certifi- cated master, and in addition with other duly certificated deck officers according to the following scale : — Minimum number of duly certificated Deck Officers holding Certificates, proper for Net R-egiBtered Tonnage of Ship and Length the Ship and Voyage, of Voyage. not lower than — First Second Mate. Mate. (i) Foreign-going Ships and Australian-trade Ships. Sailing — Not exceeding 300 tons 1* Over 300 tons 1 1 Steamships — Not exceeding 150 tons 1* Over 150 tons but not exceeding 1,000 tons 1 1 Over 1,000 tons 1 2 (ii) Limited Coast-trade Ships. Not exceeding 100 tons, running beyond 50 miles from port of departure 1* Over 100 but not exceeding 300 tons l*t Over 300 tons It 1 (iii) River and Bay Ships. Over 50 tons, running more than 20 miles from place of deprture or certificated to carry more than 500 passengers It * First or only mate. t Holder of a second mate's foreign-going certificate may ship as first mate of a limited coast-trade ship, or as mate of a river and bay ship (see Section 15 (3) ). 78 (2) Scale of Engine-room Officers and Greasers. Every British steamship registered in Australia or engaged in the coasting trade (other than a limited coast-trade or river and bay ship of less than 15 tons gross registered tonnage) shall be provided with duly certificated engine-room officers and with greasers according to the following scale : — Nominal Horse -power of Engines. Minimum number of duly certificated Engineers holding Certificates not lower than — CO o ^ ^ o CO Q. ^ a s ^ §^ ?< ^ 02 ^ O ^-1 o 0^ . cC W o <1 g (i) River and Bay Steamships under 100 n.h.p. Under 86 85 and under 100 (ii) River and Bay Steamships 100 n.h.p. and over. (Running under 20 miles from place of Departure.) 100 and under 200 .... 200 and over (Running 20 miles and over from Place of Departure.) 100 and under 200 .... 200 and over (iii) Limited Coast Trade Steamships. (Running under 100 miles from Place of Departure.) Under 40 40 and under 55 65 and under 85 85 and under 100 100 and under 200 200 and over .... 79 Nominal Horse-power of Engines. Minimum number of duly certificated Engineers holding Certificates not lower than — o a 02 O) CO (D H o M C O 3^ CO Q. 2 S 2 ^:::^§ .3 73 S ^ ^' O o (3 (ill) L/itnted Coast Trade Steamships. — contd. (Running 100 miles and over from place of Departure.) Under 55 1 1 55 and under 85 1 2 85 and overj (iv) Australian - trade and Foreign-going Steamships. Under 50 1 1 I 50 and under 100 1 2§ 100 and under 170 .... 1 1 3 1 170 and under 200 .... 1 1 4 1 200 and under 250 .... 1 2 4 1 2 250 and under 300 .... 1 2 4 1 3 300 and under 400 .... 2 2 6 2 400 and overj] .... * If over 55 n.h.p., one greaser. t Passenger steamships of this class to carry one greaser in addition to two engineers. J According to the scale prescribed for Australian-trade and foreign-going steamships. § If running over 400 miles, one engineer additional (not necessarily certifi- cated). ^ If more than one screw, three greasers additional. II As prescribed. N.H.P. (nominal horse-power) to be calculated as follows : — (a) Reciprocating Engines. — ^The sum of the squares of the diameters in inches of all the engine-room steam cylinders 30 = N.H.P. (6) Rotary Engines. — Grate area in square feet X IJ = N.H.P. 80 SCHEDULE 11. Scale of Crew, Note. — This Schedule does not apply to river and bay ships. Steamships. Firemen and Trimmers. The number of firemen and trimmers required for steamships fired with coal shall be in the proportion of at least one fireman or trimmer for every three and a half tons of coal consumed per diem. Provided that in the case of any particular ship the Minister may, after reference to the Marine Council, specify a greater or less number of firemen and trimmers to be required. The amount of coal consumed per diem to be ascertained by such means as are prescribed. Provided that out of the total number of persons carried in any such steamship rated as firemen or trimmers, one-half at least of such total number shall be firemen ; and that no sea-going steamship running more than 100 miles shall in any case carry less than three firemen and that no other sea-going steamship shall in any case carry less than two firemen. In regard to any class of ships not jDrovided for in the above scale^ the number of firemen and trimmers to be employed shall be such as the Minister may require in each case, and the Minister may prescribe in reference to any particular class of ships what hands other than firemen and trimmers (rated as such) shall be carried in lieu of the latter. Greasers. The minimum number of greasers to be carried on steamships shall be as provided in Schedule I in the last column of the Engine-room Manning Scale. CooJcs. Steamships carrying 25 or more Not less than one certificated persons, including passengers and cook and one assistant cook crew. for each galley in use. Seamen. (Passenger steamships carrying not more than 10 passengers, and cargo steamships.) Under 15 tons net register Not less than one able seaman. 15 and under 50 tons net register ... Not less than two able seamen and one apprentice or boy. 50 „ 100 „ ,, ... Not less than two able seamen, two ordinary seamen, and one apprentice or boy. 81 Seamen — contd. 100 and under 200 tons gross register ... Not less than four able seamen, one ordinary seaman, and one apprentice or boy. 200 „ 400 „ „ ... Not less than five able seamen, one ordinary seaman, and one apprentice or boy. 400 „ 600 ... Not less than six able seamen, one ordinary seaman, and one apprentice or boy. 600 it 1,000 ... Not less than seven able seamen, one ordinary seaman, and one apprentice or boy. 1,000 „ 1,500 „ „ ... Not less than eight able seamen, one ordinary seaman, and one apprentice or boy. 1,500 ,, 2,000 ,, ... Not less than nine able seamen, one ordinary seaman, and one apprentice or boy. One able seaman extra for every additional 500 tons or fraction of 500 tons above 2,000 tons net register. One apprentice or boy extra for every additional 1,000 tons or fraction of 1,000 tons above 2,000 tons net register, but not exceeding two apprentices or boys altogether. All vessels over 800 tons net register to carry a shipwright in addition to the seamen provided for in the above scale. (Passenger steamships carrying more than 10 passengers.) Under 15 tons gross register ... ... ... Not less than one able seaman. 15 and under 50 tons gross register ... Not less than two able seamen and one apprentice or boy. 50 ,, 100 ,, ... Not less than two able seamen, two ordinary seamen, and one apprentice or boy. (6367 F 82 200 400 600 Seamen — contd. 100 and under 200 tons gross register Not less than fouj able seamen, om\ ordinary seaman; and one apprenticti or boy. >y ,> ... Not less than fivt able seamen, one X ordinary seaman, and one apprentice i or boy. :> ... Not less than six able seamen, one ordinary seaman and one apprentice or boy. „ 1,000 „ ... Not less than seven able seamen, one ordinary seaman, and one apprentice or boy. 1,500 ,, ... Not less than eight able seamen, one ordinary seaman, and one apprentice or boy. 2,000 ,, ... Not less than nine able seamen, one ordinary seaman, and one apprentice Une able seaman extra for every additional 500 tons or fraction of 500 tons above 2,000 tons gross register. . ^ne apprentice or boy extra for every additional 1,000 tons or fraction ot 1,000 tons above 3,000 tons gross register, but not exceeding three apprentices or boys altogether. All vessels over 800 tons gross register to carry a shipwright in addition to the seamen provided for in the above scale. 1,000 1,500 Sailing Ships. Sea7nen, 15 tons and under 50 tons net register 50 100 Not less than one able seaman and one ordinary seaman. Not less than two able seamen, one ordinary seaman, and one apprentice or boy. 83 Seamen — contd. 100 and under 200 tons net register ... Not less than three able seamen, one ordinary seaman, and one apprentice or boy. 200 „ 300 „ „ ... Not less than four able seamen, two ordinary seamen, and one apprentice or boy. 300 „ 400 „ ... Not less than five able seamen, two ordinary seamen, and one apprentice or boy. 400 „ 600 „ ,/ ... Not less than six able seamen, two ordinary seamen, and one apprentice or boy. 600 800 ... Not less than seven able seamen, two ordinary seamen, and two apprentices or boys. 800 „ 1,000 „ ... Not less than eight able seamen, two ordinary seamen, and three appren- tices or boys. 1,000 „ 1,500 „ „ ... Not less than ten able seamen, two ordinary seamen, and four appren- tices or boys. Two able seamen extra for every 500 tons or fraction of 500 tons that the vessel is above 1,500 tons net register. All vessels over 600 tons net register to carry a shipwright in addition to the seamen provided for in the above scale. (6367) T 2 S4 CANADA. Extract from the Shipping Act, 1906. CHAPTER 113. 95. No ship registered in Canada, over 100 tons registered tonnage shall go to sea from any port or place in Canada on any voyage not being a coasting voyage, iinless the master and first mate or only mate thereof have obtained and possess valid certificates either :— (a) Of competency or service for sea-going ships, appropriate to their several stations in such ship, or of a higher grade from the Minister ; or, & ' (b) Of competency or service for sea-going ships, appropriate to their several stations in such ship, or of a higher ^rade, from the Board of Trade in the United Kingdom ; or,'' (c) Of competency appropriate to their several stations in such ship, or of a higher grade, granted in any British possession, and declared by order of His Majesty in Council, published m the London Gazette, under the provisions of the Merehant Shipping Act, 1894, or of any Act of the Parliament of the United Kingdom containing such provisions, to be of the same force as certificates of competency for foreign sea- going ships granted under the Acts of the Parliament of the United Kingdom relating to Merchant Shipping 57-58 v., c. 42, s. 5 ; 3 E. VII., c. 34, s. 1. 96. No sailing ship registered in Canada, over 100 tons registered tonnage, and no steamship registered in Canada, shall go from any port or place in Canada on any coasting voyage, or be licensed or allowed to ply on any Canadian water, unless the master thereof has obtained from the Minister and possesses a valid certificate :— (a) Of competency or service as master of a ship trading on the inland waters of Canada, or on the minor waters of Canada, or on coasting voyages, as the case may be, of the class and description to which such ship belongs, or of a higher class or description ; or, (b) Of competency or service as master for sea-going ships, from the Minister ; or, (c) Of competency as master for foreign-going ships, from the Board of Trade in the United Kingdom ; or, (d) Of competency as master granted in any British possession and declared by order of His Majesty in Council published in the London Gazette, under the provisions of the Merchant Shipping Act, 1894, or of any Act of the Parliament of the United Kingdom, containing such provisions, to be of the same force as a certificate of competency, as master for foreign-going ships, granted under the Acts of the Parhament of the United Kingdom relating to merchant shipping. 57-58 V., c. 42, s. 6 ; 3 E. VIL, c. 34, s. 1 85 97. No ship registered in Canada over 200 tons registered tonnage, and no steamship registered in Canada and allowed by law to carry more than 40 passengers, shall go on any coasting voyage, or be licensed or allowed to ply on any Canadian water, unless such ship carries also a mate who has obtained from one of the authorities aforesaid a valid certificate of competency or service as such mate or as the mate of a ship of a higher class or description. 57-58 V., c. 42, s. 6 ; 3 E. VII., c. 34, s. 1. 86 FRANCE. Extract from the Law regulating conditions of work on board Ship, 1907. CHAPTER 1— OFFICERS. Article 21. The vessels mentioned in Article 1 which have a gross tonnage of not less than 700 tons, and which are foreign-going, shall have on board, together w^ith the Captain, for deck duty at least one certificated second officer and one lieutenant. Vessels with a gross tonnage of more than 1,000 tons doing inter- national coastal traffic or large national coastal traffic and making voyages which carry them further than 400 miles from any French port in the Mother Country, must have on board, together with the Captain, for deck duty, at least one second officer and one lieutenant. Foreign-going vessels with a gross tonnage of less than 700 tons, but more than 200 tons, must have on board, together with the Captain, for deck duty, at least one certificated second officer. Vessels with a gross tonnage of less than 1,000 tons, but more than 200 tons, doing international coastal traffic or large national coastal traffic, and making voyages which carry them more than 400 miles from any French port in the Mother Country, must have on board, together with the Captain, for deck duty, at least one second officer. Article 22. At sea and in open roadsteads the officers' staff on deck and in the engine room shall w^ork by w^atches ; there shall be at least two watches for the officers' staff on deck ; there shall be three for the officers' staff in the engine room in all cases where the engine-room staff itself comprises three watches. The chief engineer in every w^atch must be certificated. No officer on board may refuse his assistance whatever may be the duration of the hours of work which are required of him. But the organisation of the watches must be regulated in such a manner that no officer on deck shall have to work more than 12 hours a day, and no officer in the engine room more than eight hours a day in all cases w^here the engine room staff itself comprises three watches. Except in circumstances of force majeure," or where the safety of the vessel, of the persons on board, or of the cargo is in danger, circumstances of which the Captain shall be the sole judge, every hour of work required above the limits laid down in the preceding paragraph shall be remunerated by a proportional supplementary allowance which may not be less than one franc for every hour's work performed beyond the normal working time. Article 23. In port or in sheltered roadsteads the officers' staff, except in cases of force majeure," shall perform only ten hours' work a day. 87 I Nevertheless, on the day of arrival, as well as on the day of departure, the accumulated periods of work in roadsteads or in port and of Avork at sea may amount to 12 hours for the whole of the officers' staff without any obligatory supplementary remuneration, on the condition, however, that these days of arrival and of departure shall not recur more than twice a week ; in the contrary case the provisions of paragraphs 2 and 3 of the preceding article shall apply. CHAPTER 2— CREW. Article 24. At sea and in open roadsteads the deck crew and the engine-room crew shall work by watches. I The deck crew comprises at least two watches. The strength. 1^ of this class of the vStaff must be reckoned in such a manner that not ! more than 12 hours work a day shall be required from each man com- I posing this class. j Article 25. The engine-room stafi comprises at least three watches on foreign traffic as well as in international coastal traffic or large national coastal I traffic, when the vessel makes voyages carrying it 400 miles from any \ French port of the Mother country, and if its gross tonnage is more than ' 1,000 tons. The Public Administrative Regulation laid down in Article 54 below shall determine the other cases in which the engine- room crew shall be divided into three watches. Each watch of the engine-room staff must comprise at least one man for three furnaces. During his watch the stoker must not be called away from his work of stoking, except for urgent needs of the machinery. The shipowners or the Captain must tell the men who are about to ! sign on, and must state, before drawing up the list of the crew, following ' the conditions of engagement, the composition of the crew and the number of furnaces in the stokehole. On board steamships where the engine-room duty comprises three i watches, the machines must be kept in order by the engine-room staff I outside the hours of the watch and without any supplementary allowance ' being due to them, so long as no man is employed on this work for more ' than one hour in twenty-four. On board vessels where the engine-room I hands comprise only two watches, the work of keeping the machines in f order which is carried out outside the hours of the watch shall be remunerated by the supplementary allowance specified below. ) In any case, in each w^atch the engine-room staff in co-operation with the deck staJS shall see to the removal of the ashes. j Article 26. No member of the deck or engine-room crew may refuse his service whatever may be the duration of the hours of work which are required ^ of him. But, except in cases of force majeure," or where the safety of the vessel, of the persons on board, or of cargo is in danger, 88 circumstances of which the Captain shall be the sole judge, every hour of work required above the limits laid down in Articles 24 and 25 shall be remunerated by a supplementary allowance, the amount of which shall be regulated by contracts and custom. The Captain of the vessel must mention in his report of the voyage as well as in the Log, the exceptional circumstances provided for in paragraphs 3 of Article 22 and 2 of the preceding article. These remarks must be countersigned in the log by a representative either of the deck stafi or the engine room staff. Article 27. If the vessel is in port, or in a sheltered roadstead, any member of the crew shall be required only in cases of " force-majeure " to work more than 10 hours a day, including the watch duty for deck staff and eight hours for the engine room staff. Nevertheless, on the day of arrival, as well as the day of departure, the accumulated periods of work in roadsteads or in port, and of work at sea, may amount to 12 hours for deck hands without any obligatory supplementary remuneration ; on condition, however, that these days of arrival and departure shall not recur more than twice a week ; if the contrary is the case the provisions of paragraph 2 of the preceding article shall apply. Article 28. Sunday shall be, as far as possible, the day appointed for the weekly rest period. The Captain may, however, choose another day for the whole, or for a portion, of the crew. In the ports and sheltered roadsteads of France and its Colonies the staff of the vessel may not be employed on the day of weekly rest on any work whatever unless this work cannot be postponed. At sea, except in circumstances of " force-majeure," or where the safety of the vessel, of the persons on board, or of the cargo is in danger, circumstances of which the Captain shall be the sole judge, the crew shall be required to perform on the weekly day of rest only that work which is indispensable for the safety and the working of the vessel, engine- room duty, daily cleaning, victualling and work in connection with the persons on board. The watch squad may not be occupied on cleaning duties for more than two hours during the morning. Except in circumstances of " force-majeure," or where the safety of the vessel, of the persons on board, or of the cargo is in danger, and except for the necessity of providing for victualling and for work in connection with the persons on board, every hour of work required on the day of weekly rest in port or in roadsteads shall be remunerated by the supplementary allowance laid down in Article 26 of the preceding law. CHAPTER ^.—APPRENTICES AND SHIP BOYS. Article 29. Temporary registration on the books of Maritime Inscription (rinscription maritime) and signing on as hands on board are forbidden 89 for children who have not completed their 13th year. These children may, however, be registered temporarily and signed on if they are at least 12 years old and hold a certificate from the elementary school. Temporary registration is dependent upon the presentation of a certi- ficate of physical fitness given gratuitously by a doctor appointed by the Maritime authority ; if this certificate states that the child is fit for only one kind of navigation, this only shall be allowed. Article 30. The work of apprentices and ship boys on board the vessels mentioned in Article 1 is regulated by Articles 24, 25, 26 and 27 above relating to the work of the deck and engine-room crew ; but this work is subject, independent of the provision of the preceding article, to the following special provisions : — (a) The signing on of ship boys who have not completed their 15th year at the time of the departure of the vessel is hence- forward forbidden on any vessel equipped for fishing on a large scale in Newfoundland and Iceland. (6) It is prohibited to allow apprentices and ship boys to perform night watches from 8 p.m. to 4 a.m. on any vessel mentioned in Article 1 and the total duration of their work must not exceed the regulation working time of the staff. Their overtime shall be paid for. Ship boys and apprentices may not be employed on work in the stokehole or in firing. (c) The number of apprentices and ship boys who may be engaged on the said vessels shall be determined at the rate of one ship boy and one apprentice for every 15 men or fraction of 15 men in the crew. 90 GREAT BRITAIN. Extracts from the Merchant Shipping Act, 1894. (57 and 58 Vict. Oh. 60). PART IL— MASTERS AND SEAMEN, Certificates of Competency. 92. — (1) Every British foreign-going ship and every British home trade passenger ship, when going to sea from any place in the United Kingdom, and every foreign steamship carrying passengers between places in the United Kingdom, shall be provided with ofl&cers duly certificated under this Act according to the following scale : — (a) In any case with a duly certificated master. {b) If the ship is 100 tons burden or upwards, with at least one officer besides the master holding a certificate not lower than that of only mate in the case of foreign-going ship, or of mate in the case of a home-trade passenger ship. (c) If the ship is a foreign-going ship, and carries more than one mate with at least the first- and second-mate duly certifi- cated. (d) If the ship is a foreign-going steamship of 100 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 steamship of less than 100 nominal horse-power or a sea-going home-trade passenger steamship 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 officers goes 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 ofience to a fine not exceeding £50. (3) An officer shall not be deemed duly certificated, within the mean- ing 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. 91 (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. GEEAT BRITAIN. Extract from the Merchant Shipping Act, 1906. (6 Edw. 7, Ch. 48.) 56. — The following paragraph shall be substituted for paragraph (b) of subsection (1) of section ninety-two of the principal Act (which relates to the certificates of competency to be held by ofi&cers of ships) : — " (h) If the ship is of one hundred tons burden or upwards with at least one officer besides the master holding a certificate not lower than that of — (I) Mate in the case of a home trade jjassenger 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." GREAT BRITAIN. Extract from the Merchant Shipping (Convention) Act, 1914. (4 & 5 Geo. v., Ch. 50.) PART IL— MANNING OF PASSENGER STEAMERS. 8. — (1) Every passenger steamer which is registered in the United Kingdom shall be manned with a crew sufficient and efficient from the point of view of safety of life at sea for the purpose of her intended voyage, and shall during her voyage be kept so manned. (2) If any of the provisions of this section are not complied with in the case of any steamer, sections 459 and 460 of the principal Act shall apply to the steamer as it applies to ships which are, by reason of undermanning, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which they were intended, and the owner of the ship (if in fault) shall be liable in respect of each offence to a fine not exceeding £100, and the master of the ship (if in fault) shall be liable in respect of each ofience to a fine not exceeding £50. (3) The Board of Trade shall make rules with respect to the manning of passenger steamers for the purposes of this section from the point of view of safety of life at sea, and where those rules apply to a ship the ship shall for the purposes of this section be deemed to be manned with a sufficient and efficient crew if she is manned in accordance with those rules, and not to be manned with a sufficient and efficient crew if she is not manned in accordance with those rules. 92 ITALY. Extract from the Mercantile Marine Code. Article 43. When a ship arrives in a home or foreign port with a crew which is not sufficient (considering the tonnage of the ship or the intended voyage), the harbour master, if in Italy, or the Consul if abroad, has the right to add the number of sailors required for the needs of the voyage, and, if the captain does not obey their order, the steamer cannot leave the port. Agreement between the Federazione Nazionale dei Lavatori del Mare and the Societa o Dell* Armatore, 1920. Illness. . . . In case of illness or other disability of any of the crew while at sea, sea-service shall be performed by the remaining staff of the same class, having regard to normal working hours. EquipmeJit. The number of the crew shall be fixed in proportion to the tonnage and needs of service, but it must never be inferior to what is reasonably required for the safety of the ship, of the cargo, and of the persons on board. For ships running with oil fuel, the number of firemen shall be fixed so as to allow not less than one man to every nine furnaces on the same front, with the understanding that for every watch there shall be at least one trimmer. For vessels using internal combustion, the engine complement shall be specially fixed in each case. Table shoiving the minimum manning equipment for steamers in the Merchant Service for petty officers and crew. Not over Not over Not over Not over Not over Not over Over 250 750 1,500 2,500 4,000 8,000 8,000 tons. tons. tons. tons. tons. tons. tons. Boatswains 1 1 1 1 1 1 1 Carpenters 1 1 Able Seamen .... 4 4 4 6 6 8 Seamen 1 1 2 2 2 Deck- boys 1 1 1 1 2 2 Cabin-boys 1 1 Head -firemen 1 1 1 1 1 1 Mechanics 1 1 Greasers 1 2 2 5 Storekeepers 1 1 1 Cooks .... 1 1 1 1 2 2 Galley-boys . ... 1 1 1 1 Waiters 1 1 1 2 Boys helping 1 1 1 waiters 93 Notes on Foregoing Table. (1) All steamers having electrical installations of over 10 K.W. shall carry at least one electrician. (2) Vessels fitted with refrigerating apparatus shall carry the necessary special workmen in addition to one engineering officer specially assigned to this work. The number of firemen shall be such that not more than four tons of coal shall be handled by any one man daily, neither shall he be responsible for more than three furnaces. Care shall be taken to ensure that the number of firemen shall always be exactly divisible by three. When the number of firemen multiplied by four gives a number which is more than six less than that corres- ponding to the total number of tons of coal consumed in 24 hours, three more firemen shall be taken on. If, on the other hand, the difference (between this number and the number of tons of coal used) is six or less than six, no extra firemen will be required, provided each fireman on the ship does not handle more than five tons daily. In this last case the pay and food which would have been necessary in the case of strict adherence to the scale of three furnaces and four tons of coal for each fireman, shall be divided amongst the firemen actually performing the work. A trimmer shall handle daily from five to eight tons of coal, special regard being paid, however, to the situation of bunkers on the particular steamer, on which shall depend the number of trimmers. Deck and cabin hands on passenger steamers shall be fixed in propor- tion to the exigencies of the service, and the number of passengers. The number of persons specially allocated for service in the officers' cabins and mess shall be fixed as follows : — 1 waiter and 1 boy ... ... ... 1 to 8 officers. 1 waiter and 2 boys 9 to 15 officers. 2 waiters and 2 boys ... ... ... 16 to 20 officers. If the number of officers exceeds 20, the number of attendants shall be fixed specially. In cases where there are two messes, the number of waiters and boys shall be fixed by agreement between the Shipowners and the Federazione Marinara, bearing in mind the provision of the preceding paragraph. For service in the officers' quarters and mess, one boy shall be taken on specially for every 12 petty officers or fraction of that number. On steamers belonging to subsidised companies the number of the deck and cabin hands, as well as that of special workmen, mechanics and electricians, shall be fixed, as a minimum, in accordance with the Regulations of 26th May, and 30th June, 1915. Duties of the crew. Apart from all work in connection with navigation and that performed while the vessel is in port, the crew will carry out, in the manner set forth in this contract, any ordinary work required for keeping the ship clean and in order. No member of the crew shall be entitled to leave the ship without the permission of the master or his representative. 94 >^ r ^ -1^ p3 O o G o ^ ^ ^ O o3 O ^ CO cc O .JH ^ ^ ^ IB a3 tc o o go off Sh O - o I o c. Jr; 13 O! CO 9 «2 9 ^ pij. cc ^ 02 go o s X O 95 O « O ;^ rr} O o 5o o o 02 m O So S5 ^ ^ <4H 96 " S [/5 C oQ ee 5 c c Ti " 1^ g M .g S o 0) '5b. S CO M S --H S H 1^ O 2 c6 03 OH a> o 02 - i f3 1^ a> ^ L Sb c3 5i a 3 S 9 'd 97 JAPAN. Table II. — Corresponding Old and New Certificates. Old Certificates. Master of the First Grade First Mate of the First Grade Second Mate of the First Grade First Engineer of the First Grade Second Engineer of the First Grade Master of the Second Grade Master (Temporary Certificate) First Mate of the Second Grade First Mate (Temporary Certificate) Second Mate of the Second Grade Second Mate (Temporary Certificate) .... First Engineer of the Second Grade First Engineer (Temporary Certificate).... Second Engineer of the Second Grade .... Second Engineer (Temporary Certificate) Master of Small Vessel Engineer of Small Vessel New Certificates. Master of the First Grade. First Mate of the First Grade. Second Mate of the First Grade. First-class Engineer. Second-class Engineer. Master of the Second or Third Grade. Master of the Second or Third Grade. First Mate of the Second Grade or Mate of the Third Grade. First Mate of the Second Grade or Mate of the Third Grade. Second Mate of the Second Grade or Mate of the Third Grade. Second Mate of the Second Grade o t Mates of the Third Grade. Second-class Engineer. Second-class Engineer. Third-class Engineer. Third-class Engineer. Second Mate of the Second Grade. Fourth-class Engineer. (^67) 98 Pq 3 1 Master, First Mate, Chief Engineer. First Mate of the Second Grade. Second Mate of the Second Grade. Second class Engineer. Master, Chief Engineer. First Mate of the Second Grade. Third-class Engineer. (N Master, Chief Engineer. Second Mate of the Second Grade. Fourth-class Engineer. (M Master, First Mate. First Mate of the First Grade. Second Mate of the First Grade. Master. Second Mate of the First Grade. - Master, First Mate, Chief Engineer, Second Engineer. First Mate of the First Grade. Second Mate of the First Grade. Second-class Engineer. Third-class Engineer. Master, Chief Engineer. Second Mate of * the First Grade. Third-class Engineer. ^ ^1 m ^ O es. 3 ters. ion of rtificat of Ma{ and •s .... Descript Ce Number Mates gineer 99 NEW ZEALAND. Extract from the Shipping and Seamen Act, 1908. PART II.— MASTERS, OFFICERS, AND SEAMEN, Certificates of Competency, 21. (1.) Every British ship when going to sea or plying from any place in New Zealand, and every foreign ship when plying as a home- trade ship, shall be provided with officers duly certificated under this Act according to the following scale : — (a) In any case with a duly certificated master. (6) If the ship is a home-trade sailing ship of 100 tons register or upwards, or a home-trade steamship of 60 tons register or upwards, then with at least one officer besides the master, such officer holding a certificate not lower than that of mate : Provided that any such ship of 100 tons register or up- wards running more than 300 miles between terminal ports shall carry a second mate holding a certificate not lower than that of second mate of a home-trade ship or of master of a fishing boat or cargo-vessel under 25 tons register. (c) If the ship is a foreign-going ship, then, with at least a first and second mate duly certificated. {d) If the ship is a steam-ship authorised to ply within river limits or extended river limits only, then with a master holding a certificate as master of a river steamer. (e) If the ship is a home-trade cargo-ship only of over five tons or up to 25 tons (inclusive) net register, then with a duly certificated master whose certificate shall not be of a lowei grade than that prescribed for that class of ship by the next succeeding section. (/) If the ship is a home-trade ship over 25 and up to 100 tons net register, and not included in the foregoing provisions, then with a duly certificated master whose certificate shall not be of a lower grade than that of a master of a home-trade ship. {g) If the ship is a sailing-ship of over five tons and up to 25 tons register, carrying passengers within such restricted limits as may be approved by the Minister, then with a duly certificated master whose certificate shall be of a grade prescribed by the Minister. {h) If the ship is a fishing-boat, exclusively employed in fishing on the coast of New Zealand, whether sea-going or running within river or extended river limits, then with a dul} certificated master whose certificate shall be of a grade presoribed by the Minister. (6367) G 2 100 (i) If the ship is a foreign-going steam-ship, trading beyond the limits prescribed in the case of inter-colonial trading ships, of 100 nominal horse-power or upwards, then 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. {j) If the ship is a foreign-going steamship, trading beyond the said limits, of less than 100 nominal horse-power, then with at least one engineer who is a first-class or second- class engineer duly certificated. (k) If the ship is a sea-going steamship other than is described in the last two preceding paragraphs, then with duly certifi- cated engineers according to the scale set forth in the second Schedule hereto. (/) If the ship is a steamship plying within extended river limits, and is fitted with machinery, the area of cylinder or com- bined area of cylinders of the propelling machinery of which exceeds 1,000 circular inches, then with engineers according to the scale set forth in the second Schedule hereto : Provided that the holder of a river engineers' certificate who has been engineer of such a steamship, the area of whose cylinders exceeded 1,000 circular inches, for a period of not less than six months before the seventh day of April, 1905 (being the date of the coming into operation of " The Shipping and Seamen Act, 1903 "), may be an engineer of any steamship to which this paragraph applies, (m) If the ship is a steamship plying within extended river limits, and is fitted with machinery the area of cylinder or com- bined area of cylinders of the propelling machinery of which does not exceed 1,000 circular inches, then with a river engineer. (n) If the ship is a steamship plying within river limits, then with a river engineer duly certificated. (o) If the ship is a steamship plying only within harbours, rivers and lakes, or other inland navigable waters, and is fitted with non-condensing machinery the area of cylinder or combined area of cylinders of the propelling machinery of which does not exceed 200 circular inches, then with a marine engine driver. (p) If the ship is a sea-going ship propelled by gas, oil, fluid, electricity, or other mechanical power than steam, then with a first-class engineer duly certificated for such ships. (q) If the ship is a sea-going ship propelled solely by gas, oil, fluid, electricity, or other mechanical power than steam, and fitted with machinery not exceeding 60 brake horse- power, then with a first-class or second-class engineer, duly certificated for such ships. (r) If the ship is a ship propelled by gas, oil, fluid, electricity, or other mechanical power than steam, and plying within river or extended river limits, then with a restricted-limit engineer duly certificated for such ships. 101 (s) If the ship is a ship propelled by any mechanical power, plying within river or extended river limits, and which does not hold a certificate of survey authorising the carriage o f passengers, or is a ship propelled by steam or other mechani- cal power, although carrying passengers on any navigable lake or inland navigable water, then with a master holding a certificate of not lower grade than that prescribed for master of fishing-boat or cargo- vessel of 25 tons and under. (2) Every person is liable to a fine not exceeding £50 who — (t) Having been engaged as one of the above mentioned ojfficers, goes to sea as such officer without being duly certificated ; or, (u) Employs a person as an officer, in breach of this section, without ascertaining that the person so serving is duly certificated. (3) . An officer shall not be deemed duly certificated within th meaning of this section unless he is the holder for the time being ot a valid certificate of competency or service of a grade appropriate to his station in the ship or of a higher grade. Provided that every valid certificate of competency granted under the Imperial Merchant Shipping Act, or of the same force as if granted under that Act, shall have the same force as if granted under this Act : Provided also that a valid certificate of competency as skipper of fishing-boats granted by the Board of Trade under the Imperial Mer- chant Shipping Act, shall entitle the holder thereof to be master of a fishing-boat under this Act. (4) . Every master or owner of a ship who fraudulently engages or suffers to be engaged any duly certificated master, mate, or engineer to serve for the purpose only of enabling the ship to clear and not for the purpose of the whole voyage, and every master, mate or engineer who so engages himself, commits an offence. (5) If any certificated master, mate or engineer, engaged to serve as such on board any ship quits the ship before or on the commence- ment of her voyage, he shall be deemed, unless the contrary is shown, to have been fraudulently engaged as aforesaid. Second Schedule. Indicated Horse-Power. Number and Grade of Engineers. Not more than 150 More than 150 and not more than 300— (a) If running less than 300 miles between terminal ports One, holding a certificate of com- petency or service of the second class or higher. One, holding a certificate of com- petency or service of the second class or higher. 102 Second Schedule — contd. Indicated Horse-Power. Number and Grade of Engineers. (b) In all other cases More than 300 and not more than 1,250- (a) If running less than 300 miles between terminal ports. (6) In all other cases For every additional 1,250 or part of 1,250 if engaged in the foreign or inter- colonial trade, and for every 1,250 or part of 1,250 over and above 2,500 if engaged in the sea-going home-trade only. Two, to wit — A chief engineer, holding a certi- ficate of competency or service of the second class or higher ; and A second engineer, holding a certificate of competency of the third class, or service of the second class, or higher. Two, to wit — A chief engineer, holding a certi- ficate of competency or service of the first class ; and A second engineer, holding a certificate of competency or service of the second class or higher. Three, to wit — A chief engineer, holding a certi- ficate of competency or service of the first class ; A second engineer, holding a certificate of competency or service of the second class or higher ; and A third engineer, holding a certificate of competency of the third class, or service of the second class or higher. One additional engineer. Indicated horse-power shall be assessed on the average horse-power indicated during the previous six months, as shown by the engineer's log book. 103 For the purposes of this schedule, the expression " terminal ports " means the port from which the steamship first takes her departure and the last port at which she calls before commencing her return voyage. Fourth Schedule. Seamen to he carried in Sailing Ships. Not less than 1 certificated able seaman. Not less than 2 certificated able seamen. Not less than 2 certificated able seamen and 1 ordinary seaman, apprentice or boy. Not less than 4 certificated able seamen. Not less than 5" Under 30 tons register Of 30 tons register and under 60 tons register. Of 60 tons register and under 100 tons register. 6 8 certificated able ^seamen and 1 ordinary seaman. Of 100 tons register and under 200 tons register. Of 200 tons register and under 300 tons register. Of 300 tons register and under 400 tons register. Of 400 tons register and under 600 tons register. Of 600 tons register and under 800 tons register. Of 800 tons register and under 1,000 tons register. Of 1,000 tons register and under 1,500 tons register. Two able seamen extra for every 500 tons or fraction of 500 tons that the vessel is above 1,500 tons. Apprentices or boys to be carried in sailing ships engaged in the home or inter-colonial trade, and carrying at least four certificated able Beamen. 100 tons and under 500 tons Not less than 1 register. 500 tons and under 1,000 tons ,, ,, 2 register ... 1,000 tons and upwards ... ... ,, . 3^ Seamen to be carried in Sea-Going Steamships. Not less than 9^ certificated able > seamen and 2 ,, 10 J ordinary seamen. apprentices ^boys. or Under 30 tons register Of 30 tons register and under 100 tons register. 0 100 tons register and under 200 tons register. Of 200 tons register and under 400 tons register. Of 400 tons register and under 600 tons register. Not less than 1 certificated able seaman and 1 ordinary seaman, apprentice or boy. Not less than 2") I certificated able 4 I seamen and 1 ^ordinary seaman, apprentice boy. ror 104 Fourth Schedule — contd. Seamen to be carried in Sailiyig Ships — contd. OfJ|600 tons register and under fe 1,000 tons register. Of 1,000 tons register and under 1,500 tons register. Of 1,500 tons register and under 2,000 tons register. certificated able seamen and 1 ordinary seaman, apprentice or boy. One able seaman extra for every additional 500 tons or fraction of 600 tons above 2,000 tons. Firemen, Trimmers and Greasers. Of 50 horse-power and under 100 1 fireman. horse-power. Of 100 horse-power and under 250 2 firemen. horse-power. Of 250 horse-power and under 750 3 horse-power. Of 750 horse-power and under 3 firemen, 1,250 horse-power greasers. Of 1,250 horse-power and under 6 firemen, 2,000 horse-power greasers. Of 2,000 horse-power and under 9 firemen, 3,000 horse-power. greasers. Of 3,000 horse-power and under 9 firemen, 4,000 horse-power. greasers. " Horse-power " to be the power assessed on the average horse-power indicated during the previous six months as shown by the engineer's log-book, and to be marked in the ship's certificate. In the case of steamships over 200 tons register not authorised to carry j^assengers the number of able seamen required to be carried may be one less than specified in this Schedule. 2 trimmers, and 3 3 trimmers, and 3 3 trimmers, and 3 6 trimmers, and 3 105 NORWAY. Royal Decree of 31st May, 1918.* CHAPTER J.— MATES.] Section l.J Foreign going steam and motor ships shall, besides the master, have — (1) at least one mate when the gross tonnage of the ship is upwards of 25, but does not exceed 300 tons ; (2) at least two mates when the gross tonnage of the ship is upwards of 300, but does not exceed 2,000 tons ; (3) at least three mates when the gross tonnage of the ship is upwards of 2,000 tons. Ships whose gross tonnage exceeds 1,500 tons, shall, however, when navigating the Indian Sea and the Pacific, have on board three mates. § The provision embodied in the first paragraph shall not apply to steam and motor ships of a gross tonnage of upwards of 25, but not exceeding 200 tons when navigating the Arctic Ocean and the White Sea, and when trading to Sweden, as far as and including Ystad, and to the proper Kingdom of Denmark. 1| Section 2. 1. Steam and motor ships whose gross tonnage exceeds 150 tons, and all ships in possession of a passenger certificate shall, when engaged in the home trade, have, besides the master, one mate in possession of the qualifications at any time prescribed by law ^i, or a coasting pilot, when the ship plies continuously for upwards of 12 hours. The voyage shall be considered to be continuous *' when the ship nowhere during the same makes a delay of m.ore than 4 hours. 2. Steam and motor ships whose gross tonnage exceeds 500 tons shall, when engaged in the home trade, have, besides the master, two mates in possession of the qualifications at any time prescribed by law. * This decree came into force on the 1st January, 1919. t By " Mates " is meant, where there is nothing to the contrary. Mates holding a Norwegian certificate under the Navigation Law (Law of 7th April, 1906, with supplementary law of 14th July, 1911.) % The section applies to cargo ships as well as passenger ships in foreign trade and comprises all steam and motor ships coming within the purview of the law relating to the registration of ships, with the exception of the ships referred to in the last paragraph of the section, not exceeding a gross tonnage of 200 tons, when navi- gating certain aters § Shall apply even if the ship does not exclusively navigate the said seas. II Compare Section 4 of the Navigation Law. ^ Under Section 4 (a) of the Navigation Law ships measuring between 25 and 200 gross tons and engaged in the home trade need not have any mate holding a certificate. 106 /Section 3. Foreign-going sailing ships* shall, besides the master, have — (1) at least one mate when the net tonnage of the ship is upwards of 25, but does not exceed 300 tons ; (2) at least two mates when the net tonnage of the ship is upwards of 300, but does not exceed 2,000 tons ; and (3) at least three mates when the net tonnage of the ship exceeds 2,000 tons. This provision shall not apply to sailing ships navigating the Arctic Ocean and the White Sea, nor shall it apply to sailing ships whose net tonnage is less than 80 tons, when trading to Sweden, as far as and including Ystad, and to the proper Kingdom of Denmark. All sailing ships whose net tonnage exceeds 200 tons, shall, however, in the extra-European trade have at the least two mates. CHAPTER II.— THE REMAINING DECK CREW. Section 4. In the foreign trade t there shall be employed a boatswain : — (1) In every steam and motor ship whose gross tonnage exceeds 1,500 tons. (2) In every steam and motor ship running on a schedule in the North Sea or the Baltic and whose gross tonnage exceeds 700 tons. (3) In every sailing ship whose net tonnage exceeds 300 tons. If a boatswain cannot be obtained, an able seaman may be engaged in his stead. Section 5. In the foreign trade % there shall be employed a carpenter or a man conversant with carpentry : — (1) In every wooden steam and motor ship whose gross tonnage exceeds 300 tons. In these ships the carpenter shall be included in the number of able seamen or ordinary seamen prescribed in Section 6 §2. In every sailing ship whose net tonnage exceeds 300 tons. If a carpenter or a man conversant with carpentry cannot be obtained, an able seaman may be engaged in his stead. || Section 6. In foreign-going steam and motor ships 1| the number of able seamen and ordinary seamen shall, at the least, be as prescribed in the below Bcale : — * For sailing ships engaged in the home trade no provision has been made as to the number of mates. t In the home trade a boatswain is not prescribed. { In the home trade a carpenter is not prescribed. J In the ships referred to in this subsection there shall be employed a carpenter besides the number of able seamen and ordinary seamen prescribed by Section 8. II Not an ordinary seamen. % In wooden steam and motor ships measuring upwards of 300 gross tons the carpenter shall be included in the number of able seamen or ordinary seamen pre- scribed* 107 I. — On ships not furnished with a passenger certificate. Gross tons. Able Seamen. Ordinary Seamen. Upwards of 200* but not exceedinc; 350 2 2 350 700 3 2 700 1,000 3 3 1,000 2,000 4 3 2,000 3,000 4 4 3,000 4,000 5 4 4,000 5,000 5 5 5,000 6,000 6 5 6,000 7,000 6 6 For ships whose gross tonnage exceeds 7,000 tons there shall be added to the said number one man (able seaman or ordinary seaman) for each 1,000 tons. Of the total number of men one-half shall be able seamen. In case of odd numbers the odd man shall be an able seaman. Instead of an ordinary seaman there may be engaged two boys or one boy and one deck-hand. II. — On ships furnished with a passenger certificate. To the number of able seamen and ordinary seamen prescribed in sub-section I there shall be added at the least 15 per cent., at all events at the least one man. A fractional part of one-half or upwards shall be counted as a whole number. If only one man is added, the same shall be an able seaman. Section 7. Every steam and motor ship whose gross tonnage exceeds 300 tons, and who is navigating along the Norwegian coast, the West coast of Sweden as far as and including Ystad, or the Cattegat and the Belts, shall, if they are passing a stretch where the unsheltered opening towards the sea exceeds 8 milesf, have the same number of able seamen and ordinary seamen as prescribed in Section 6 for the corresponding foreign trade J. If, according to her size, the ship should have a boatswain in foreign trade (Section 4), the number shall be increased by one man. Section 8. On foreign-going sailing ships § the number of able seamen, ordinary seamen, boys, and deck-hands shall, at least, be as prescribed in the below scale : — * For steam and motor ships not exceeding a gross tonnage of 200 tons the number of able seamen and ordinary seamen has not been fixed. In this case the precautionary measure has to be sought in Section 11 of the law relating to the seaworthiness of ships. t The section does not apply to ships of any tonnage making only short tripe. J The computation under Section 6 will involve that the number of able seamen and ordinary seamen will vary according to whether the ship ie provided with a passenger certificate, or not. § As to sailing ships engaged in the home trade, there exists no provision con- •erning the number of able seamen and ordinary seamen. 108 Net Tonnage. Able Seamen. Ordinary Seamen. Boys or Deck Hands. Upwards of 200 but not exceeding 300 2 2 1 300 500 1 2 1 500 600 2 2 1 600 700 2 3 1 700 800 3 3 1 800 900 3 3 2 900 1,000 3 4 2 1,000 1,100 4 4 2 1,100 1,200 4 4 2 1,200 1,350 4 5 2 1,350 1,500 5 5 2 1,500 1,650 5 5 3 1,650 1,800 5 6 3 1,800 2,000 6 6 3 For sailing ships whose net tonnage exceeds 2,000 tons there shall be added to the said number one man for each 200 tons. On sailing ships whose net tonnage exceeds 200 tons, one member of the deck crew ought to be conversant with the sewing and repairing of sails. The above scale does not apply to ships without yards. CHAPTER IIL—ENGINEERS^ Section 9. Every Norwegian steamshipf shall have : — (1) Two engineers when her engine is calculated to indicate 75 horse-power or upwards. Ships whose engine is calculated to indicate less than 300 horse-power, and who do not ply continuously for upwards of 12 hours, need, however, not have more than one engineer. Ships whose engine is calculated to indicate less than 150 horse-power, and who are navigating along the Norwegian coast, the West coast of Sweden as far as and including Ystad, or the Cattegat and the Belts, likewis - need only one engineer even if they are plying for a longer time, pro- vided there are on board at least two firemen. The voyage shall be considered to be " continuous " when the ship nowhere during the voyage makes a stay of more than 4 hours. * By " Engineer " is meant an engineer holding a proper Norwegian certificate under the law of 26th June, 1889, relating to engineers of steamships belonging to the mercantile marine, with supplementary law of 13th June, 1894. I The section does not apply to motor ships. 109 (2) Three engineers — (a) When the engine is calculated to indicate 1,000 horse- power or upwards. (b) When the ship is furnished with a passenger certificate for running on a schedule in the coasting trade, and her engine is calculated to indicate 500 horse-power or up- wards, and the ship plies uninterruptedly for at least 8 days. The voyage shall be considered to be " un- interrupted " when the ship nowhere during the voyage makes a stay of more than 12 hours. Steamships navigating tropical waters* must, irrespec- tive of the size of the engine, have a sufficient engine-room staff for dividing the engineers into at least three watches. Section 10. On double-screw steamships furnished with a passenger certificate there shall on each watch be one engineer for each propulsion engine calculated to indicate upwards of 2,000 horse-power. Section 11. The indicated horse-power shall be computed by means of the follow- ing formulae :— (a) For an ordinary two-cylinder expansion steam engine : — ^P(D- ^S + 3H) ^' = 540 ^ ^' °- (b) For an ordinary three-cylinder expansion steam engine : — N,- A 5, 5. D being the diameter of the low-pressure cylinder in inches, S the length of the beat in inches, H = the heating surface in square feet, P the safety-valve pressure in pounds per square inch. The heating surface (H) comprises the surface of the pipes, the furnace-flue and the combustion chambers down to the level of the grate area and the rear pipe plates. When forced (artificially increased) draught is used, 3 H shall be replaced by 3,75 H. CHAPTER IV.— FIREMEN, COAL-TRIMMERS AND DON KEY MEN. Section 12. The number of the firemen and coal-trimmers shall be determined in the following manner : — There shall be at least one fireman for each 3| tons (in tropical waters 3 tons) of coal consumption per diem. If there are seven furnace-flues or upwards, the number of firemen shall be determined according to the number of the furnace-flues in such a manner that there shall be at least one fireman for each four furnace-flues on each watch. There The provision shall also apply to steamships which are only passing through the tropics during their voyage. no shall, however, in all ships plying for more than 16 hours or with a coal consumption of upwards of 7 tons a day, be at least three firemen. For ships whose consumption of coal exceeds 8 tons, but not 18 tons a day, one coal-trimmer is required. If the consumption of coal exceeds 18 tons, one additional coal-trimmer is required, and so on for each additional 10 tons. If in the computation of the number of the firemen and the coal- trimmers there comes out a fractional part of one-half or upwards, the same shall be counted as a whole number. If the above mode of calculation should result for any ship in a reduction of the number of firemen or coal-trimmers employed at the time of the establishment of the manning scale, or should result in the engagement of a gratuitously large number of firemen or coal-trimmers, the Director of Navigation may decide the number of firemen or coal- trimmers.* The consumption of coal shall be computed on the basis of the weight of the sort of coal regularly used by the ship concerned. In case the consumption cannot be computed in this manner, the consumption of the best Welsh bunker coals with an addition of 20 per cent, shall be made the basis of the computation of the number of the firing stafi even if coals of an inferior quality may occasionally be used, and the con- sumption of coal is thereby increased. Until reliable information as to the coal consumption of a ship is available, the same shall be determined on the basis of the indicated horse-power calculated, with a reduction of 20 per cent., and the coal consumption per hour per indicated horse-power calculated shall be determined after a scale sanctioned by the Director of Navigation.! Section 13. When there are only three firemen on board, one of them shall be engaged as fireman and donkey-man. On ships, whose engine is calculated to indicate upwards of 800 horse-power, there shall be one donkey-man besides the number of firemen prescribed. CHAPTER V,—THE COOKING STAFF.t Section 14. The number of the cooking staff shall be determined after the number of the crew, not including the cooking staff and servants. I. On every steam and motor-ship : Whose crew numbers upwards of five, but does not exceed 10 men, there shall be at least one man conversant with cooking : * To enable the Director of Navigation to do so there will have to be sent in the Director a specification of the number of firemen and coal-trimmers as well a the ordinary consumption of coal per day and the corresponding number of horse- power indicated by the engine. f The Director of Navigation has composed a scale, which has been printed as an appendix to the present circular. J No provisions have been issued as to the number of the restaurant staff and the servants. Ill Whose crew numbers upwards of 10, but does not exceed 15 men there shall be at least one steward and one boy ; Whose crew numbers upwards of 15, but does not exceed 24 men, there shall be at least one steward and one cook ; Whose crew numbers upwards of 24 men, there shall be at least one steward, one cook and one boy. II. On every foreign-going sailing-ship :* Whose crew numbers upwards of five, but does not exceed 14 men, there shall be at least one steward ; Whose crew numbers upwards of 14, but does not exceed 20 men, there shall be at least one steward and one boy ; Whose crew numbers upwards of 20, but does not exceed 25 men, there shall be at least one steward and one cook ; Whose crew numbers upwards of 25 men, there shall be at least one steward, one cook and one boy. Where no special cook is engaged, it is supposed that the steward does the cooking. CHAPTER VL— MISCELLANEOUS PROVISIONS. Section 15. < The observance of the foregoing rules as to the manning of ships shall not exempt the master of the ship from the responsibility resting on him under sec. 26 of the Maritime Law in case special circumstances should call for a more numerous manning.f Section 16. In case the owner or master of the ship is able to prove that it is impossible or that it is attended with disproportionate difficulties to comply with the foregoing provisions, and the existing deficiency of the manning is not of such a character as to render the ship unsea worthy, ♦ The number of the cooking staff has not been fixed for sailing ships engaged in the home trade. t This section supposes the eventuality of a ship becoming unseaworthy on account of insufficient manning even if the provisions of the manning scale be complied with. From the reason given for this section the following is subjoined : — ■ " . . . As> the provisions of the manning scale relating to the manning are minimum provisions, it may occur that special circumstances will necessitate a more numerous manning. In such cases the master of the ship shall not be entitled to refer to the manning scale and thereby to relieve himself from the responsibility resting on him under Section 26 of the Maritime Law. It is, how- ever, a matter of course that to justify proceeding against the party concerned the circumstance calling for a more numerous manning must be rather aggravating." 112 the ship shall not for the sake of such defect be refused permission to depart on the intended voyage.* Section 17. The preceding provisions shall not apply to ships employed in any kind of fishery or catching, or to other vessels built or equipped for special purposes, as for instance salvage, ice-breaking, towage, etc. Section 18. Any contravention of these provisions shall be punished by a fine under Section 339 of the General Civil Criminal Law of 22nd May, 1902, provided a severer punishment is not applicable under another statu- tory provision. t Section 19. These provisions shall take efiect on and after 1st January, 1919, from which date the Royal Ordinance of lith. June, 1912, containing manning scale for engineers in Norwegian steamships, with supple- mentary Ordinance of 9th July, 1915, shall be repealed. * From th? reasons given for this section the following is subjoined : — *' As a rule, a ship leaving with a crew that does not answer to the provisions in force will have to be regarded as unseaworthy. As contingencies may, however,, arise when, in spite of all efforts, to have the ship furnished with the crew prescribed will be impossible or be attended with difficulties and disproportionate expenses, a way must be found of avoiding the detention of the ship. It is, therefore, proposed that the question as to whether, in spite of the existing defec- tive manning the ship ought under the circumstances to be allowed to depart, shall be decided by the naval inspectors (in foreign countries by the Consuls)." The section supposes besides results from Section 2 of the law relating to the seaworthiness of ships, that any deficiency with regard to the manning will not render the ship unseaworthy. It will rest with the naval* inspectors (in foreign countries the Consuls) to decide the question as to whether, considering the existing deficiency with regard to the manning, the ship may be considered to be securely manned for the intended voyage. From this it further results that any deficiency with regar to the manning of the ship will not entitle the crew to break their articles of agreement, but only a deficiency of such importance as to render the ship unseaworthy under the law relating to the seaworthiness of ships (compare likewise Section 87 of the Maritime; Law). •f- See Section 304 and 416 of the Criminal Law. 113 SWEDEN. Extracts from the Maritime Law of 16th October, 1914, and 1st June, 1917. Article 5a. . . . The skip shall be manned in a satisfactory way, and, in no case, on a voyage requiring, under ordinary circumstances, an un- interrupted run of more than 12 hours, or when, otherwise, the ship's service must be divided into watches, may the ship have fewer deck hands than what, together with the officers, is in each of two watches sufficient for the ship's service on deck, while the ship is under way, nor, as regards steamships, fewer engine hands than what, with the engine officers, is in each of two watches sufficient for the ship's service in the engine room, while the ship is in motion. Article 26. The master shall see that the ship is in a proper condition in all respects, as mentioned in Article 5a. Article 32. It is the duty of the master to see that a watch is placed on deck ; that, when the ship is not moored in a port, or otherwise, on a safe anchorage, sea watch is kept ; that proper look-out is kept ; that no one deficient in normal sense of colour is used as a look-out man or a helmsman ; that proper watch officers are always in command on board ... Article 37. ^ In the ship's log statements are carefully to be made in respect of. any occurrence during the voyage. The following particulars should accordingly be entered : — (1) When the crew commences and leaves the service, and the manning of the ship when leaving port. . . . Article 44. " ' ' , The master shall, in apportioning the work required j as far as possible take into consideration the position of each man in the service , . Article 70. - > t On board a ship sailing from Sweden to any place beyond latitude 61° North (Bergen), longitude IT West (West coast of Ireland), and latitude 48' North (Brest) no one may be engaged as a seaman who is affected with any disease, disability or injury, that would render him unfit for the service to which the engagement refers, or with any venereal disease in a contagious stage, or with any other disease that would cause danger to the persons on board ; and consequently, before anyone is engaged as a seaman on board any ship, as mentioned above, (6367) bl 114 a certificate by a licensed medical practitioner, stating that the seaman has been examined, must be produced to the master. Such certificate must have been issued within a period of six months preceding the seamen's engagement. Detailed regulations concerning the certificate will be enacted by the King. Article 87. ' If the ship is so badly manned as to give reason for apprehension that the lives of those on board may thereby be exposed to danger during the voyage, and should the master fail to take such measures as are required for removing existing defects and deficiencies, the crew shall have the right to obtain their discharge. Extract from the Royal Ordinance of 23rd December, 1915, concerning certain measures of safety in connection with the use of ships. Article 3. No engine-propelled ship on long voyages in waters outside Europe (not including the Mediterranean and Black Sea), shall have fewer engine hands than a number which is, together with the engine officers, sufficient to establish relief in three watches, while under way. The part of the engine crew, which is at all times necessary for the ship's propulsion in said waters, trimmers and greasers consequently excepted, shall not without imperative reasons be divided into less than three watches. Note : The Royal Ordinance of 29th March, 1912, concerning the command of Swedish vessels fixes rules as to the number and competency of masters, mates and engineers. The provisions differ according to trades and also, in some regard, to tonnage and engine-power. Thus, it is required in the Baltic trade : For sailing vessels : one master only ; For engine-propelled passenger ships : one master, one mate, and two engineers ; For other engine-propelled ships : one master, one mate, and one engineer, and if the run between the terminals exceeds 16 hours, two engineers . In the European trade : For sailing vessels : one master and one mate ; For engine-propelled passenger ships : one master, two mates and two engineers ; For other engine-propelled ships up to 600 tons gross : one master, one mate and two engineers ; For other engine-propelled ships of 600 tons gross and above : one master, two mates and two engineers. 115 In the Ocean trade : For sailing vessels up to 600 tons gross : one master and one mate ; For sailing vessels of 600 tons gross and above : one master and two mates ; For engine-propelled ships : one master, three mates and three engineers. The control for ascertaining the observance in regard to a satisfactory manning of ships is exercised in accordance with the Law concerning the Control of Ships (given 16th October, 1914), and the Royal Ordi- nance of 31st December, 1914, with Special Regulations concerning the Control of Ships. In Article 24 of the above-mentioned Law it is enacted that where a ship is found to be so badly manned that a voyage with the same may not be proceeded upon without manifest danger of life to those on board, the proper controlling authority may, to any extent required, prohibit the use of the ship, until such deficiencies have been made good. Further, the Royal Ordinance of 13th July, 1911, concerning the Registry, Engagement and Discharge of Seamen, prescribes that, as a means of control on manning, the ship's Articles shall contain a state- ment as to the number of crew, specifying mates, engine staff and other members of the crew. In Article 41 of said Ordinance it is also stipulated that the crew shall be maintained at the number stated in the ship's Articles. (6367) 116 UNITED STATES. Extract from the Navigation Laws, 1919. [Note : As regards officers the national statutes state that there shall be one master for every vessel engaged in ocean or coastwise trade ; every vessel of 1,000 gross tons or over shall have on board three licensed mates ; every vessel of 200 gross tons but less than 1,000 gross tons shall have two licensed mates ; and every vessel of 100 gross tons or less shall have one licensed mate. On the other hand there are no specific requirements as to the number of seamen a vessel must have on board, this matter being left entirely to the discretion of the local steamboat inspectors of the United States Department of Commerce. The number of licensed mates a vessel must have according to the above provisions may be increased at the discretion of the local in- spectors. The general statutory regulations relating to the manning of vessels engaged in ocean or coastwise trade are as follows : — ] Section 4,463 of the Revised Statutes of the United States be, and it is hereby, amended (May 11th, 1918, Act 302), to read as follows : — Sec. 4463. No vessel of the United States subject to the provisions of this title or to the inspection laws of the United States shall be navigated unless she shall have in her service and on board such com- plement of licensed officers and crew, including certificated lifeboat men, separately stated, as may, in the judgment of the local inspectors who inspect the vessel, be necessary for her safe navigation. The local inspectors shall make in the certificate of inspection of the vessel an entry of such complement of officers and crew including certificated lifeboat men, separately stated, which may be changed from time to time by indorsement on such certificate by local inspectors by reason of change of conditions or employment. Such entry or indorsement shall be subject to the right of appeal, under regulations to be made by the Secretary of Commerce, to the supervising inspector and from him to the Supervising Inspector General, who shall have the power to revise, set aside, or affirm the said determination of the local inspectors. If any such vessel is deprived of the services of any number of the crew, including certificated lifeboat men, separately stated, without the consent, fault, or collusion of the master, owner, or any person interested in the vessel, the vessel may proceed on her voyage if, in the judgment of the master, she is sufficiently manned for such voyage ; Provided, that the master shall ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those whose places they fill. If the master shall fail to explain in writing the cause of such deficiency in the crew, including certificated lifeboat men, separately stated, to the local inspectors within 12 hours of the time of the arrival of the vessel at her destination, he shall be liable to a penalty of $50. If the vessel shall not be manned 117 as provided in this Act, the owner shall be liable to a penalty of $100^ or in the case of an insufficient number of licensed officers to a penalt oi $500. That the board of local inspectors shall make an entry m the certificate of inspection of every ocean and coastwise sea-going merchant vessel of the United States propelled by machinery, and every ocean-going vessel carrying passengers, the minimum number of licensed deck officers required for her safe navigation according to the following scale : That no such vessel shall be navigated unless she shall have on board and in her service one duly licensed master. That every such vessel of 1,000 gross tons and over, propelled by machinery, shall have in her service and on board three licensed mates, who shall stand in three watches while such vessel is being navigated, unless such vessel is engaged in a run of less than 400 miles from the porfc of departure to the port of final destination, then such vessel shall have, two licensed mates ; and every vessel of 200 gross tons and less tham 1,000 gross tons, propelled by machinery, shall have two licensed mates. That every such vessel of 100 gross tons and under 200 gross tons, , propelled by machinery, shall have on board and in her service on^ej^ licensed mate, but if such vessel is engaged in a trade in which the time^ required to make the passage from the port of departure to the port of destination exceeds 24 hours, then such vessel shall have two licensed mates. That nothing in this section shall be so construed as to prevent local inspectors from increasing the number of licensed officers on any vessel subject to the inspection laws of the United States, if, in their judgment, such vessel is not sufficiently manned for her safe navigation : Provided, that this section shall not apply to fishing or whaling vessels, yachts, or motor boats as defined in the Act of 9th June, 1910, or to wrecking vessels.* Extract from the Act of the 4th March, 1915. f Section 13. — Manning of Merchant Vessels. In all merchant vessels of the United States of more than 100 tons gross, excepting those navigating rivers, harbours, bays, or sounds exclusively, the sailors shall, while at sea, be divided into at least two, and the firemen, oilers, and water tenders into at least three watches, which shall be kept on duty successively for the performance of ordinary work incident to the sailing and management of the vessel. The seamen shall not be shipped to work alternately in the fireroom and on deck, nor shall those shipped for deck duty be required to work in the fireroom, or vice versa ; but these provisions shall not limit either the authority of the master or other officer or the obedience of the seamen when, in the judgment of the master or other ofiicer, the whole or any * pp. 125-126. t Effective on American vessels beginning 4th November, 1915 ; on vessels of foreign nations not covered by treaties 4th March, 1916; on vessels of o^h^^t foreign nations after termination of treaties. 118 part of the crew are needed for the manoeuvring of the vessel or the performance of work necessary for the safety of the vessel or her cargo, or for the saving of life aboard other vessels in jeopardy, or when in port or at sea from requiring the whole or any part of the crew to parti- cipate in the performance of fire, lifeboat, and other drills. » * * ^ ' No vessel of 100 tons gross and upward, except those navigating rivers exclusively and the smaller inland lakes and except as provided in Section 1 of this Act, shall be permitted to depart from any port of the United States unless she has on board a crew not less than 75 per cent, of which, in each department thereof, are able to understand any order given by the officers of such vessel, nor unless 40 per cent, in the first year, 45 per cent, in the second year, 50 per cent, in the third year, 55 per cent, in the fourth year af1»r the passage of this Act, and there- after 65 per cent, of her deck crew, exclusive of licensed officers and apprentices, are of a rating not less than able seamen. Every person shall be rated an able seaman, and qualified for service as such on the seas, who is 19 years of age or upward, and has had at least three years' service on deck at sea or on the Great Lakes, on a vessel or vessels to which this section applies, including decked fishing vessels, naval vessels or coast guard vessels ; and every person shall be rated an able seaman, and qualified to serve as such on the Great Lakes and on the smaller lakes, bays or sounds, who is 19 years of age or upward and has had at least 18 months' service on deck at sea or on the Great Lakes or on the smaller lakes, bays, or sounds, on a vessel or vessels to which this section applies, including decked fishing vessels, naval vessels, or coast guard vessels ; and graduates of school ships approved by and conducted under rules prescribed by the Secretary of Commerce may be rated able seamen after 12 months' service at sea : Provided, That upon examination under rules prescribed by the Department of Com- merce as to eyesight, hearing, and physical condition, such persons or graduates are found to be competent : Provided further, That upon examination, under rules prescribed by the Department of Commerce as to eyesight, hearing, physical condition, and knowledge of the duties of seamanship a person found competent may be rated as able seaman after having served on deck 12 months at sea, or on the Great Lakes ; but seamen examined and rated able seamen under this proviso shall not in any case compose more than one-fourth of the number of able seamen required by this section to be shipped or employed upon any vessel. Any person may make application to any board of local inspectors for a certificate of service as able seaman, and upon proof being made to said board by affidavit and examination, under rules approved by the Secretary of Commerce, showing the nationality and age of the appli- cant and the vessel or vessels on which he has had service and that he is entitled to such certificate under the provisions of this section, the board of local inspectors shall issue to said applicant a certificate of service, which shall be retained by him and be accepted as "prima fade evidence of his rating as an able seaman. 119 Each board of local inspectors shall keep a complete record of all I certificates of service issued by them and to whom issued and shall keep on file the affidavits upon which said certificates are issued. Extract from the Navigation Laws, 1919. TJndermanning. In case of desertion or casualty resulting in the loss of one or more of the seamen, the master must ship, if obtainable, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same or higher grade or rating with those whose places they fill, and report the same to the United States Consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding sections. This section shall not apply to fishing or whaling vessels or yachts. (Revised Statutes, Sec. 4516, Act of 21st December, 1898, Sec. 1 ; Act of 4:th March, 1915, Sec. 1. Effective beginning 4th November, 1915.)* Collective Agreements. (Note. — The agreement between the American Steamship Associa- tion and the Marine Firemen's, Oilers' and Watertenders' Union of the Atlantic and Gulf, an agreement concurred in and approved by the United States Shipping Board, requires all ocean-going vessels of 500 tons gross or over that carry coal passers to carry not less than three coal passers whose sea watches shall be divided into three and in no case is one man to be required to care for more than four fires on coal-burning vessels or 12 fires on oil -burning vessels. The above rules also establish the standard crew complements in the deck and engine departments on vessels manned by the United States Shipping Board. These rules are also alterable when the cir- cumstances warrant a change. It must be remembered, however, that the rules of this board are in no sense law nor are they obligatory upon other ship owners. They do serve, however, to establish what might be termed the American Standard for manning foreign-going ocean and coastwise vessels. The following statement is reproduced from the report of the Marine and Dock Industrial Relations Division of the United States Shipping Board. I Under date of 1st February, 1919, the Division of Operations of the United States Shipping Board announced the adoption of the following standard crew complements to be carried in the deck and engine depart- ments of all vessels operated by the Shipping Board.] * pp. 101, 102, 103. t Marine and dock labour ; work, wages, and industrial relations during the period of the war. Report of the Director of the Marine and Dock Industrial Relations Division, United States Shipping Board, submitted to the Board as of 31st December, 1918. Washington, 1919, pp. 188, 189. 120 Deck Departments. Cargo Vessels having Dead -weight Tonnage of — Position. d d 8 o ,000 ,000 ,000 ,000 ,000 ,000 0,00 1,00 CO 00 Master.... .... 1 1 1 1 1 1 1 1 1 Mates .... 3 3 3 3 3 3 3 3 3 Carpenter 1 1 1 1 1 1 1 1 1 Boatswain 1 1 1 1 1 1 1 1 1 Able seamen .... 4 4 4 6 6 6 7 7 7 Ordinary seamen 2 2 2 2 2 2 3 3 3 Total 12 12 12 14 14 14 16 16 16 Engine Department. Position. Cargo Vessels having Indicated Horse-power of — Coal-burning vessels. Chief engineer 1 1 1 1 1 1 1 1 1 Assistant engine 3rs .... 3 3 3 3 3 3 3 3 3 Deck engineer 1 1 1 1 1 1 Storekeepers 1 1 1 1 Oilers .... 3 3 3 3 3 3 3 3 3 Water tenders (not carried on vessels unless fitted with two or more water-tube boilers) 3 3 Firemen 3 6 6 6 6 9 9 9 9 Coal passers 3 3 3 3 3 6 6 6 6 Total 13 16 16 17 17 24 24 27 27 Oil-burning vessels. Chief engineer 1 1 1 1 1 1 1 1 1 Assistant engineers .... 3 3 3 3 3 3 3 3 3 Deck engineer 1 1 1 1 1 1 Storekeepers 1 1 Oilers .... 3 3 3 3 3 3 3 3 3 Water tenders (not carried on vessels unless fitted with two or more water-tube boilers .... 3 3 Firemen 3 3 3 3 3 3 3 3 3 Wipers 2 2 2 2 2 3 3 3 3 Total 12 12 12 13 13 14 14 18 18 121 In addition to the above, vessels of the Shipping Board carry a supercargo and sometimes one or two clerks. One wireless operator is carried, unless there are over 50 persons on board, in which case the law requires two. The figures given for firemen, coal passers, and water tenders are subject to some fluctuation, depending on the arrangement of the boilers and bunkers. Shipping Board vessels carry six or more persons in the stewards department ; but work on the standardisation of this department is still in progress (March, 1919). 123 APPENDIX. Text of Laws, Decrees, Orders and Agreements. ACCOMMODATION. 1. AuSTEALiA Navigation and Shipping Act, 1913. 2. Canada Shipping Act of 1906. 3. Denmark ... ... ... Regulations of the 25th February, 1913. 4. France Decree of the 21st September, 1908. 5. Great Britain Merchant Shipping Act of 1894. Merchant Shipping Act of 1906. 6. Italy Collective Agreement, 1920. 7. New Zealand ... . ... Shipping and Seamen Act of 1908. 8. Norway ... Regulations in conformity with the Law of the 9th June, 1903. 9. Sweden Note on Regulations and Agreements. IO.^United States Navigation Laws, 1919. 25 AUSTRALIA. Extract from the Navigation and Shipping Act, 1913. DIVISION 15. 135. * The owner of every steamship registered in Australia or engaged in the coasting trade, shall — (a) Make provision to the satisfaction of the medical inspector or the prescribed official for the adequate ventilation of the officers' rooms, engine-room, and stokehole ; and (6) Except as in the next two paragraphs mentioned, provide for each officer, up to at least four, a separate room having a cubic content of not less than 180 feet, and having a separate entrance to the deck, and not opening directly into the engine-room ; or (c) In the case of limited coast-trade steamships of less than 300 tons gross registered tonnage, provide for each two officers a separate room, having a cubic content of not less than 350 cubic feet, and having a separate entrance to the deck, and not opening directly into the engine-room ; or {d) In the case of river and bay ships, provide for the officers such accommodation as is prescribed. Penalty : £20, with £5 for every day after the first day during which such default continues. 136. f — (1) Every place in a ship registered in Australia or engaged in the coasting trade, which is appropriated to the berthing accom- modation of seamen or apprentices, shall — {a) Have for each seaman or apprentice a space of not less than 140 cubic feet and of not less than 18 superficial feet measured on the deck or floor of that place, and of not less than 5 feet measured between bunks clear of all encum- brances at the forward or narraw end ; {h) Not be below the winter load-line of the ship ; (c) Be kept free from all goods and stores not being the personal property in use of the crew, and be so constructed as to be wind and weather proof and adequately lighted and properly adapted for the preservation of the health and comfort of the seamen berthed therein ; {d) Not have built in it, or so near to it as to be in the opinion of a qualified medical inspector nominated by the Minister likely to be prejudicial to the health of the occupants, any paint or chain locker, latrine, or similar erection ; * Cf. N.Z. 1908, Section 121. t Cf. M.S.A. 1894, Section 210. Cf. M.S.A. 1906, Section 64. 126 (e) Be so constructed as to insure that no bilge water, or ejffluvium therefrom or from any other cause, shall be allowed to penetrate the space to such an extent or in such manner as would be detrimental to the health and comfort of the persons berthed therein ; (/) Be ventilated in such manner as to insure a flow of not less than 3,000 cubic feet of fresh air per hour for each seaman or apprentice, evenly diffused by means approved by a qualified medical inspector nominated by the Minister with an intake and out-take of such size and so arranged as to prevent such draught as would in the opinion of the medical inspector be likely to be prejudicial to the health of the seamen or apprentices ; and (g) Be fitted with bunks made of metal of the prescribed con- struction. Penalty (on the owner) : £100. (2) The owner of every such ship shall provide, on an open deck, a separate mess-room of sufficient size and conveniently arranged for the taking of meals by the seamen and apprentices. In cases where, in the opinion of the Minister, compliance with this requirement would involve such structural alterations of the ship as are not practicable, the owner shall provide equivalent accommoda- tion in some other part of the ship not below the winter load-line, or, if in the opinion of the Minister this is not practicable, shall provide folding or sliding tables of sufficient size to enable the seamen or appren- tices to take their meals in comfort in the forecastle. Penalty: £100. (3) The owner of every such ship shall provide such sanitary, hospital, and lavatory accommodation, including bath rooms, as in the opinion of a qualified medical inspector nominated by the Minister is sufficient for the requirements of the crew, and in the case of steamships the provision shall include an adequate supply of hot fresh water for the use of all members of the crew employed in connection with the engines of the ship. Penalty: £100. (4) Sub-sections (2) and (3) of this section shall not apply to river and bay ships, but the owner of every such ship shall make such pro- vision as is prescribed for accommodation for the taking of meals by the seamen and apprentices, and for their sanitary and lavatory ac- commodation, including bath-rooms. (5) If the requirements of the foregoing sub-sections of this section in regard to any space in the ship appropriated to the use of the seamen and apprentices are not complied with, the master or owner shall pay to each seaman and apprentice affected thereby the sum of bs. for each day during which, after complaint has been made to the master by two or more of the persons so affected, the cause of complaint is allowed to continue. 127 (6) If the Minister is satisfied, on expert evidence, that it is not practicable to make any alterations necessary to meet the requirements of para, (a) of sub-section (1) of this section, the Minister may permit similar and equivalent accommodation in another part of the ship to be substituted for the crew space which does not fulfil the requirements * of this Act. 137. The Minister may by order in writing exempt a ship built before the commencement of this Act from compliance with any or all of the provisions of this Division (except paras, (c), (d), (e), (f) and (g) of sub- section (1) of the last preceding section) if he is satisfied that the ac- commodation in the ship for officers and men is not insanitary, or that , all such alterations have been made in the ship as are in his opinion necessary to make the accommodation sanitary. 138. For the purpose of any prosecution or proceeding under this Division, service on or notice to the master or agent of a ship shall be service on or notice to the owner. 128 CANADA. Extracts from the Act respecting Shipping, 1906. CHAPTER 113.— ACCOMMODATION FOR SEAMEN AND APPRENTICES ON BOARD CANADIAN FOREIGN SEA- GOING SHIPS. 218. Every place in any Canadian foreign sea-going ship occupied by seamen or apprentices and appropriated to their use shall have, for every such seaman or apprentice, a space of not less than 72 cubic feet, and of not less than 12 superficial feet measured on the deck or floor of such place. (R.S., c. 71, s. 77.) 219. Every such place shall be such as to make the space aforesaid available for the proper accommodation of the men who are to occupy it, shall be securely constructed, properly lighted and ventilated, pro- perly protected from weather and sea, and, as far as practicable, shall be properly shut off and protected from the effluvium caused by cargo or bilge water. (R.S., c. 74, s. 77.) 220. No such place shall be deemed to be such as to authorize a deduction from registered tonnage, under the provisions hereinafter contained, unless there is or are in the ship one or more properly con- structed privy or privies for the use of the crew which shall be of such number and of such construction as are approved by the surveyor hereinafter mentioned. (R.S., c. 74, s. 77.) 221. Every such place shall, whenever the ship is registered or re- registered, be inspected by one of the surveyors appointed by the Governor in Council under the Merchant Shipping Act, 1894, who shall, if satisfied that the same is in all respects such as is required by this part, give to the collector of Customs a certificate to that effect, and thereupon such space shall be deducted from the registered tonnage. (R.S., c. 74, s. 77.) 222. No such deduction from tonnage shall be authorized unless there is permanently cut in a beam, and cut in or painted on or over the doorway or hatchway of every such place, with the words " Certified to Accommodate Seamen " appropriately filled in, a figure or figures indicating the number of men which it is constructed to accommodate. (R.S., c. 74, s. 77.) 223. Every such place shall be kept free from stores or goods of any kind, which are not the personal property of the crew, in use during the voyage. (R.S., c. 74, s. 77.) 224. Upon any complaint concerning any such place, one of the surveyors appointed by the Governor in Council may inspect such place, and, if he finds that any of the provisions of this Part with respect to the same are not complied with, he shall report such non-compliance to the collector of Customs at the port where the ship is registered ; and thereupon the registered tonnage shall be altered and the deduction aforesaid in respect of space disallowed, until it is certified by such surveyor, or by some other surveyor appointed by the Governor in Council, that the provisions of this Part in respect of such place are fully complied with. (R.S., c. 74, s. 77.) 129 DENMARK. Extracts from Regulations regarding Acco'mmodation on Board for the Crews of Danish Ships, of the 25th February, 1913.* 11. —CREWS' QUARTERS. 4. In new steamers of 200 tons or more and in new sailing ships of 150 tons or more — see definition of the expression new ships " in Section 18 — the rooms which are intended for the crew to live in (the forecastle) shall have a cubic space of at least 3 '5 cubic metres (123*6 English cubic feet) for each man and a square space measured on the floor or the deck overhead of at least 1*5 square metres (16 '15 English square feet). The cubic space includes space occupied by bunks, tables, benches, but room contained in fixtures forming part of the walls of the forecastle is not included. Dining rooms, bathrooms, and wash- rooms, which are exclusively for the use of the crew, may be included in the calculation ; the sleeping rooms, however, shall then have a cubic space of at least 2'1 cubic metres (74 '16 English cubic feet) and a floor space of at least 1*2 square metres (12*92 English square feet) for each man. The height of the rooms from the top of the floor to the lower edge of the overhead deck-beams must not be less than 1 * 8 metres (5*91 English feet) and in ships of 700 tons or more not less than 1*88 metres (6*18 English feet). In new steamers of less than 200 tons and in new sailing ships of less than 150 tons each sleeping quarter shall have a cubic space of at least 2*1 cubic metres (74*16 English cubic feet) and a floor space of at least 1*2 square metres (12*92 English square feet) for each man. In older ships — see definition of this expression in Section 18 — each sleeping quarter shall have a cubic space of at least 2*04 cubic metres (72 English cubic feet) and a floor space of at least 1 *11 square metres (12 English square feet) for each man. In ships of less than 100 tons — old as well as new — where the fore- castle is situated below deck, a floor space of only 0*5 square metres (5*38 English square feet) for each man is sufficient. The cubic space, however, to be as above stated. 5. Forecastles should be adequately protected against the sea and the weather and be made tight all over against leakage and effluvium from the cargo. Forecastle and deckhouses intended as crew's quarters shall be of sufiicient strength and sufficiently well connected with the remaining part of the vessel to be able to withstand the force of the sea. Further,, the position of forecastle in relation to lamprooms, lockers for oil and paint or other combustible or badly smelling stuff, must not entail serious inconvenience or danger to the crew. Bulkheads and decks shall be so constructed and of such thickness that they give sufficient protection against cold and damp. If the ship's side is of iron ib shall be lined with wood. The floor in an iron * Issued according to s. 45 of the Maritime Law of the 1st April, 1892. (6367) I 130 vessel shall be lined with wood or some other material, as for instance linotol. For new ships the following further rules are in force : — (a) If there is an iron deck above the crew's sleeping quarters such deck shall be lined on the upper side with wood. Further, the stringer-plates shall be lined underneath with wood. The rest of the iron deck plates as well as beams shall be painted on the under side with cork-painb or similar paint if it is not lined with wood. Underneath larger iron parts such as pullards or some such thing fastened immediately to the iron deck, there must be no bunk unless the deck is lined with wood. (b) If a forecastle is placed immedately alongside a closet in an iron ship the partition wall should be of iron. If it be a wooden wall this wall shall be double, with a lay^r of felt between them, and the seams should further be covered with mouldings. (c) If the room is immediately alongside the galley, boiler or engine- room, good insulation between the rooms shall be provided. (d) If the room is alongside a lamproom or a room for oils, paints and other combustible stuffs, such rooms shall have a separ- ate entrance, and an iron ship shall have iron walls. (e) Anchor chains — when they lead through a forecastle — should be contained in watertight tubes or cases. (/) Deck-hands and firemen shall have separate sleeping quarters. (g) From the sleeping quarters of the crew there must be no admission to the cargo-hold or rope-lockers. Rules under {c)~(f) apply only to steamers of 200 tons or more, or sailing vessels of 150 tons or more. The rule under (g) does not apply to sailing ships of less than 400 tons nor to sailing ships with auxiliary engines under the said size, but the entrances to the sleeping quarters shall in all cases be such that they can be easily and effectively closed by hatches or similar means. For old ships, regardless of size, the rule is that if there is an iron deck above the sleeping quarters of the crew, such deck shall be lined with wood underneath, unless the room fulfils the requirements under (a). 131 FRANCE. Extracts from the Decree of 21st September, 1908. SECTION 1.— QUARTERS ALLOTTED TO THE CREW AND PASSENGERS. Article 5. Quarters allotted to the crew must contain, besides the closets and lavatories, a minimum cubic air space of 123*62 cubic feet and hori- zontal surface of 16*16 square feet per person. In calculating the cubic air space the bunks and bedding, tables and chairs, must not be deducted. The space set aside specially for sleeping quarters must contain a minimum volume of air space of 75 * 94 cubic feet and horizontal surface of 12*39 square feet per person. The maximum number of men that can be accommodated in each compartment reserved for sleeping quarters must be engraved on the door or hatch of the same. Article 6. The height of quarters allotted to the crew, measured from the upper edge of the floor deck beams to the upper edge of the ceiling deck beams, must not be less than 6 feet. Article 7. In the quarters allotted to the crew the ceiling and floor decks, as well as the partitions, must be watertight. If the floor deck in the sleeping quarters of the crew is wood, or covered with wood, the seams must be caulked ; if it is sheet iron it must be covered with a varnish or a substance which is a bad conductor of heat and easily kept up. Where the ceiling of the sleeping quarters is formed by an iron deck the exterior surface of this deck must be covered with a wooden planking ; the interior surface of sheet iron decks, whether covered or uncovered, must not be covered with any sheating unless it be applied directly to the sheet iron. The partitions of all quarters allotted to the crew must be covered with a light coloured paint or washable varnish. On ships with metal hulls, the inside must not be lined with planking in the sleeping quarters: a wooden facing board, 15*6 inches high, must be placed alongside of each bunk against the outside, and against all metal partitions. The hawse-hole for the anchor chain must not lead down to the sleeping quarters of the crew, nor must the latter contain either windlass or capstan, or any similar apparatus. Article 8. The hatches of compartments underneath the crew's quarters must be hermetically sealed. (6367) I 2 132 The living quarters of the crew must be separated by watertight or properly caulked partitions or decks from the quarters reserved for merchandise, provisions and ships' equipment, as well as from the kitchens, lamp rooms, paint shops, water closets and cattle holds No steam pipes, except those for purposes of heating and for the windlass, must pass through the quarters allotted to the crew. When the wind- lass pipes go through these quarters they must be specially protected. Article 9. Special drying houses situated outside the sleeping quarters shall be set aside where the clothes of the deck hands and of the engine-room hands shall be dried separately. Article 10. The crew's quarters shall be fitted with cupboards or lockers equal in number to the maximum number of men who can be accommodated in these quarters. They must be furnished with seats and tables capable of accommodating two-thirds of the strength for whom the quarters have been provided. Every man of the crew must have for his exclusive use a hammock or a bunk. Separate quarters with separate entrances must be reserved for groups of the crew of African and Asiatic origin. They must contain sleeping accommodation such as is in use in their native countries and contain a minimum volume of air of 75*94 cubic feet per man. Hammocks, when this kind of sleeping accommodation is used, must be slung at a distance of 3.28 feet at least from the partitions and from one another. Bunks must be at least 6 feet long by 23 4: inches wide. In no case must there be more than two bunks one above the other. Bunks to which independent access is not possible are prohibited. When bunks one above the other are used, the bottom of the lower bunk must be at least 11*7 inches above the ground and the bottom of the upper bunk must be midway between the bottom of the lower bunk and the deck. No bunk may be placed beneath the ventilator or the bitts when the latter are fixed directly on to an iron deck. Article 11. Quarters reserved for the crew shall be fitted, if the time of year or zone traversed necessitate it, with heating apparatus which must in no case be of the slow-combustion type. When the stoves are placed on a wooden deck the latter must be protected by a metal plate. The stoves and chimneys must be encased in wire netting, which must be removable. If they are fitted with a regulating shutter it must be notched so as to prevent its closing completely. 133 Article 12. The different quarters must be lighted by day by small port holes, prismatic glass on the deck, ports or skylights. They must be lit by night by means of adequate fixed lighting apparatus. When possible without risk of danger a number of port holes, pro- portionate to the compartments they light, must be fixed on each side. Article 13. Every separate compartment allotted to the crew must be fitted with two ventilators at least, placed at each end of the compartment ; the one to draw in the fresh air, the other to let out the vitiated air. Ventilators must consist of one fixed part and one moving part, which must be removable and terminated by a cowl. The fixed part of the ventilator must rise above the deck to a mini- mum height of 23*4 inches, the cowl must rise above the bulwarks and superstructures placed around it which might prevent the working of the ventilator. The sky-lights of the quarters allotted to the crew must be arranged, except in cases of impossibility, so as to open. In this case, and on condition that the height of the hatch coamings above the deck is equal to at least 234 inches, these may be used in place of ventilators for letting out vitiated air. The ventilator for letting out vitiated air may also be replaced by one or more " Mushroom " ventilators, but if this apparatus is used for quarters situated under the upper deck the height of the opening of the " Mushroom " ventilator must be equal to at least that of the bulwarks ; it must be equal to 23*4 inches if there are no bulwarks. On the poops, quarter decks and superstructures, this height and that of the surrounding sky-lights may be reduced to 11*7 inches. The cabins of the quarters allotted to officers or deck hands must be fitted, whenever possible, with an apparatus for letting out vitiated air. The same applies to urinals, water closets and wash-houses. Article 14. Two scuppers, or ducts, must be placed in two of the angles in the crew's quarters to carry the water down to the tank hold. These openings must be fitted with a device for hermetically sealin them. Article 15. The kitchens and the bake-house ovens must be placed on the upper deck in the superstructures or, in case of impossibility, on between deck. The ventilation of the kitchens must be secured by means of ventila- tors or other suitable apparatus. When the flooring of the kitchens is wood it must be protected by a metal plate. Wooden partitions in the vicinity of the ovens must be protected in the same way. 134 Article 16. The urinals and water-closets must be placed in the upper part of the ship, and must be so constructed and placed as to avoid bad odours. On ships with metal hulls the flooring of the closets must be of some waterproof or jointed material easily washable ; arrangements must be made for the closets to be cleaned by flooding ; the iron partitions must not be lined with wood ; they must be provided with conveniently placed seats. The urinals must be provided with an abundant flow of water. On every ship, at least one urinal and one water-closet is obligatory. When the crew number 10 men or more, but less than 25, at least one urinal and one water-closet must be provided. When the crew number 25 to 40 men three seats must be provided in the water-closet. Above this number one extra seat must be pro- vided for an additional 40 men or fraction of that number. Article 17. When the engine room hands number 10 men, besides ofiicers^ a special place shall be fitted with a fresh water tap for the washing purposes of the engine room hands. This place must be as far as possible above the water line and in the vicinity of the stokeholds, and must be big enough to accommodate a whole watch squad. Similar places must be set aside on steam ships for the washing purposes of the deck hands and catering staff, when the strength of each of these two categories exceeds 15. When hot water taps are provided for the use of passengers they must also be installed in the quarters mentioned in the preceding paragraphs. Steps must be taken to distribute 2*2 gallons of fresh water per man once a week for the washing of linen. Each engine room hand must be allowed 2*2 gallons of fresh water after each watch. Article 18. Bunks and hammocks must be furnished with sleeping equipment which must, in all cases, include a mattress and two blankets, whether furnished by the crew or included in the general equipment according to custom and engagement contracts. Sleeping equipment included in the general equipment must be disinfected once a year at least. The stuffing of the mattress must be renewed once a year or whenever any illness breaks out on board ship. Sleeping equipment brought by the crew must not be shipped until it has been disinfected. Article 19. Living quarters allotted to the crew must be thoroughly cleaned after every foreign voyage, or every month in other cases. They must be disinfected or re-painted whenever any disease liable to quarantine or contagious illness breaks out on board. 135 Article 20. (Decree of 11th October, 1910.) The provisions contained in Article! 5 to 17 inclusive are not applicable to fishing boats. The latter must conform to the following provisions : — Sleeping quarters of the crew must contain a volume of air of at least 75 '94 cubic feet per man. The height of quarters allotted to the crew, measured from the upper edge of the floor deck beams to the upper edge of the ceiling deck beams, must not be less than 6 feet. If the ceiling deck is of sheet iron it must be covered with a wooden planking. The floor deck must be wood or covered with an insulating material. The partitions and furniture must be covered with light- coloured paint or washable varnish. No steam piping, with the exception of heating apparatus and that of the windlass, may pass through quarters allotted to the crew. When the windlass piping passes through these quarters it must be specially protected. The crew's quarters must be fitted with cupboards and lockers equal in number to the maximum number of men who can be accommodated in these quarters. They must be fitted with seats and tables capable of accommodating half at least of the strength for which sleeping quarters are provided. Every man of the crew must have for his exclusive use a hammock or a bunk. Hammocks, if this kind of sleeping accommodation is used, must be slung at least 3-28 feet from the partitions and from one another. The bunks mast be at least 6 feet long by 23 -4 inches wide. Not more than two rows of bunks may be placed above one another in ships fitted for deep sea fishing off Newfoundland or Iceland. Three bunks may be fitted one above the other on other fishing vessels. When bunks above one another are used, the bottom of the lower bunk must be at least 11-7 inches above the ground ; between each bunk a minimum space of 25 • 35 inches must be left from bunk to bunk ; between the upper side of the bottom bunk and the lower side of the deck beams a space of at least 25-35 inches must be provided. When three bunks are used the space must be increased by 3 - 9 inches. Lighting by day must be by means of small port holes or prismatic glass in the deck or by sky-lights. When possible without risk of danger there shall be a number of port- holes on each side, proportionate to the size of the compartments they light. Lighting by night must be by means of fixed apparatus. Companion ways and companion hoods must be easily accessible, and it must be possible to hermetically seal the companion hoods to prevent water getting into the quarters. A space must be reserved outside the crew's quarters where oilskins may be stored. It must be chosen so that the crew may leave their oilskins there before going into their quarters without being exposed in so doing. 136 Heating apparatus must be fitted in all quarters. It may in no case be an apparatus of the slow-combustion type. Where a kitchen stove is installed in the quarters a separate opening must be made to let out the smoke and gases due to combustion. The cubic air space in this case must be increased by 6 • 1 cubic inches per man. When the stoves are placed on a wooden deck the latter must be pro- tected by a metal plate. Stoves and chimneys must be encased in a removable wire netting. If they are fitted with a regulating shutter, it must be so notched as to prevent its closing completely. A ventilator with a cowl must be fixed in a suitable place to let in fresh air. Another ventilator, " Mushroom " ventilator, " Gooseneck,'' or any other efficient means must be fitted to let out vitiated air. Two ducts or scuppers must be fixed in two angles of the crew's quarters to carry the water down to the tank hold. These openings must be fitted with a device for hermetically sealing them. The provisions of Articles 18 and 19 are applicable to fishing boats. Article 21. On every boat at least one water closet must be fitted so that it can be shut off fore or aft according to the exigencies of the fishing. It must contain two places when the crew number from 30-40 men, and three places when they number over 40 men. Water closets must be covered over and fitted with separate seats. Officers' w.c.'s are never obligatory. Article 22. Provisions of Articles 5-15 are applicable to pleasure boats over 344-03 tons ; they are superseded for boats of under 344-03 tons by the following provisions : — Sleeping quarters of the crew must contain a minimum volume of air of 75 - 94 cubic feet per man. If the ceiling deck is of sheet iron it must be covered with a wooden planking. The floor deck must be of wood and covered with an in- sulating mass. Partitions and furniture must be covered with paint or washable varnish. Lighting must be by means of port holes or prismatic glass in the deck, or sky-lights. The companion-way and companion hood must be fitted with a hermetically sealing apparatus to prevent water getting into the quarters. A ventilator with a cowl must be fixed in a suitable place for letting in fresh air ; vitiated air must be let out by means of another ventilator, or by means of " Mushroom " ventilators or other adequate means. 137 GREAT BRITAIN. Extract from the Merchant Shipping Act, 1894. (57 and 58 Vict. ch. 60.) SIXTH SCHEDULE,— REGULATIONS TO BE OBSERVED WITH I RESPECT TO ACCOMMODATION ON BOARD SHIPS, (1) Every place in a ship occupied by seaman or apprentices, and appropriated to their use, shall be such as to make the space which is required by the Second Part of this Act to contain available for the proper accommodation of the men who are to occupy it, and shall be securely constructed, properly lighted and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from effluvium which may be caused by cargo or bilge water. (2) A place so occupied and appropriated as aforesaid shall not authorize a deduction from registered tonnage under the tonnage regulations of this Act unless there be in the ship properly constructed privies for the use of the crew of such number and of such construction as may be approved by the surveyor of ships. (3) Every place so occupied and appropriated as aforesaid shall, whenever the ship is registered or re-registered, be inspected by one of the surveyors of ships under this Act, who shall, if satisfied that the same is in all respects such as is required by this Act, give to the collector of Customs a certificate to that effect, and if the certificate is obtained, but not otherwise, the space shall be deducted from the register tonnage. (4) No deduction from tonnage as aforesaid shall be authorized unless there is permanently cut in a beam, and cut in or painted on or over the doorway or hatchway of every place so occupied and appropriated, the number of men which it is constructed to accommodate, with the words " Certified to accommodate seamen." (5) Upon any complaint concerning any place so occupied and ap- propriated as aforesaid, a surveyor of ships may inspect the place, and if he finds that any of the provisions of this Act with respect to the same are not complied with he shall report the same to the chief officer of customs at the port where the ship is registered, and thereupon the registered tonnage shall be altered, and the deduction aforesaid in respect of space disallowed, unless and until it be certified by the sur- veyor, or by some other surveyor of ships, that the provisions of this Act in respect of the place are fully complied with. 210. — (1). (As amended by Law, 1906). Every place in any British ship occupied by seamen or apprentices, and appropriated to their use, shall have for each of those seamen or apprentices a space of not less than 120 cubic feet, and of not less than 15 superficial feet measured on the deck or floor'of that place, and shall be subject to the regulations in the Sixth Schedule to this Act, and those regulations shall have effect as part of this section, and if any of the foregoing requirements of this section is not complied with in the case of any ship, the owner of the ship shall for each offence be liable to a fine not exceeding £20. 138 (2). Every place so occupied and appropriated shall be kept free from goods and stores of any kind not being the personal property of the crew in use during the voyage, and if any such place is not so kept free, the master shall forfeit and pay to each seaman or apprentice lodged in that place, the sum of I5. for each day during which, after complaint has been made to him by any two or more of the seamen so lodged, it is not so kept free. Extract from the Merchant Shipping Act, 1906. Section 64. (2) In estimating the space available for the proper accommodation of seamen and apprentices, there may be taken into account the space occupied by any mess rooms, bath rooms, or washing places appropriated exclusively to the use of those seamen and apprentices, so, however, that the space in any place appropriated to the use of seamen or appren- tices in which they sleep is not less than 72 cubic feet and 12 superficial feet for each seaman or apprentice. (3) Nothing in this section shall affect — (a) Any ship registered before the passing of this Act or which was in course of construction on the 1st day of January, 1907 ; or (b) Any ship of not more than 300 tons burden ; or (c) Any fishing boat within the meaning of Part IV of the principal Act, or require any additional space to be given in the case of places occupied solely by lascars and appropriated to their use. ITALY. Agreement between the Federazoine Nazionale del Lavatori Del Mare and the Societa o dell Armatore, 1920. Quarters for all members of the crew shall be placed abaft the collision bulkhead, and shall be automatically ventilated, commodious, sanitary in every respect, and suitably fitted. On ships actually running and those under construction, accommoda- tion for hands must be so arranged that each watch of each section has separate accommodation. Separate accommodation shall also be provided for boilermen, greasers, chiefs of the watch, steermen, captains of the hold (on passenger steamers), ship's stewards, and bakers. Berths may be placed above each other, but shall be separate from each other on all sides. The following will have separate quarters : chief boatswain, head fireman, head waiter, head cook, head electrician, head baker, first storekeeper, also if they have as many as two assistants, the chief ship's steward, and the chief sick-berth attendant. Petty officers shall have a cabin in which not more than four petty officers of the same class shall sleep. Every cabin must be well ventila- ted, fitted and warmed. Petty officers and the crew of each section shall be provided with separate quarters, for dining room, baths, lavatories. These quarters shall be sufficiently commodious and shall conform to modern hygienic requirements. The baths proper to the engine stafi shall be near the place where the stafi usually works and shall include a special dressing room. 140 NEW ZEALAND. Extracts from the Shipping and Seamen Act, 1908. 121. — (1). In all home-trade or inter-colonial-trade steamships the owner thereof : — (a) Shall make provision to the satisfaction of a Surveyor for the adequate ventilation of the officers' rooms, engine-roomj and stoke-hole ; and also (b) Shall provide for each mate and engineer up to at least three, a separate room which does not open direct from the engine- room, but has a separate entrance to the deck otherwise than through the engine-room. (2) . If default is made in compliance with this section, the owner is liable to a fine not exceeding £20, and to a further fine not exceeding £5 for every day after the first during which such default continues. (3) For the purposes of prosecutions under this section, service on the master or agent of the steamship shall be deemed service on the owner. 122. — (1) Every place in any ship occupied by seamen and appro- priated to their use shall have for each of those seamen a space of not less than 120 cubic feet, and of not less than 15 superficial feet measured on the deck or floor of that place, as the Inspector or Surveyor may require in each case, and shall be subject to the regulations in the Sixth Schedule hereto, and those regulations shall have effect as part of this section. (2) If any of the requirements of the last preceding subsection are not complied with in the case of any ship, the owner of the ship shall for each ofience be liable to a fine not exceeding £20. (3) Every place so occupied and appropriated shall be kept free from goods and stores of any kind not being the personal property of the crew in use during the voyage. (4) If any such place is not so kept free, or if any paint-locker, urinal, water-closet, or latrine is built in or around any such place so as to be detrimental to the health of the seamen, then in every such case the master shall forfeit and pay to each seaman lodged in that place a sum not exceeding 10s. for each day during which, after complaint has been made to him by any two or more seamen so lodged, it is not so kept free. (5) Such fees as the Minister fixes shall be paid in respect of an inspection for the purposes of this section, not exceeding the fees specified in the Sixth Schedule hereto. (6) This section shall not apply to steamships which, prior to' the 1st day of January, 1895, were plying within river limits or extended river limits. (7) For the purposes of this section " seamen " includes an apprentice. 141 296. — For the purposes of the last preceding section — (a) The tonnage of a steamship shall be her gross tonnage without deduction on account of engine room ; and the tonnage of a sailing ship shall be her registered tonnage : Provided that there shall not be included in such tonnage any space occupied by seamen or apprentices and appropria- ted to their use which is certified under the regulations with regard thereto in the Sixth Schedule thereto. (h) Where a foreign ship has been or can be measured according to British law, her tonnage as ascertained by that measure- ment shall, for the purpose of this section, be deemed to be her tonnage. (c) Where a foreign ship has not been and cannot be measured accord- ing to British law, the Chief Surveyor shall, on receiving from or by the direction of the Court hearing the case in which the tonnage of the ship is in question, such evidence con- cerning the dimensions of the ship as can be furnished, give a certificate under his hand stating what would, in his opinion, have been the tonnage of the ship if she had been duly measured according to British law, and the tonnage so stated in that certificate shall, for the purposes of this section, be deemed to be the tonnage of the ship. SIXTH SCHEDULE,— REGULATIONS TO BE OBSERVED WITH RESPECT TO ACCOMMODATION ON BOARD SHIPS, (1) Every place *in a ship occupied by seamen or apprentices, and appropriated to their use, shall be such as to make the space required by Part II of this Act available for the proper accommodation of the men who are to occupy it, and shall be securely constructed-, properly lighted and ventilated, properly protected from weather and sea, and as far as practicable properly shut off and protected from effluvium caused by cargo or bilge water. (2) A place so occupied and appropriated as aforesaid shall not authorise a deduction from registered tonnage under the tonnage regulations of this Act unless there are in the ship properly constructed privies for the use of the crew, of such number and of such construction as may be approved by the Surveyor of Ships. (3) Every place so occupied and appropriated as aforesaid shall, whenever the ship is registered - or re-registered, be inspected by one of the Surveyors of Ships, who shall, if satisfied that the same is in all respects such as is required by this Act, give to the Collector of Customs a certificate to that efiect, and if the certificate is obtained but not otherwise, the space shall be deducted from the registered tonnage. (4) No deduction from tonnage as aforesaid shall be authorised unless there is permanently cut in a beam and cut in or painted on or over the doorway or hatchway of every place so occupied and appropriated, the number of men which it is constructed to accommo- date, with the words Certified to accommodate .... seamen." 142 (5) Upon any complaint concerning any place so occupied and appropriated as aforesaid, a Surveyor of Ships may inspect the place, and if he finds that any of the provisions of this Act with respect to the same are not complied with he shall report the same to the chief officer of Customs at the port where the ship is registered, and there- upon the registered tonnage shall be altered, and the deduction aforesaid in respect of space disallowed, unless and until it is certified by the Surveyor, or by some other Surveyor of Ships, that the provisions of this Act in respect of the place are fully complied with. 143 NORWAY. Regulations as to Crew's Spaces, etc., in Ships subject to Regis- tration (Fishing vessels excepted), in conformity with Law of Public Supervision of the Seaworthiness of Ships of 9th June, 1903, with amendments of 18th September, 1909, and 30th August, 1915. Confirmed by Royal Ordinance of 1st September, 1916. \.—SLEEPING-mOMS^ Para. 1. 1. Every room on board vessels of 200 gross registered tons and upwards, which is destined as sleeping quarters for the crew, shall have a capacity of at least 3'96 cubic metres (140 cubic feet t) per man including the space occupied by bunks, tables and benches, but not cupboards or other enclosed spaces, and a deck area of at least 1.30 square metres (14 square feet) per man, including the deck area occupied by tables and benches, but not of bunks, cupboards, or other enclosed spaces. 2. On vessels of less than 200 gross registered tons, the Surveyor shall take care that the dimensions of the sleeping room are sufficient and proper. Para. 2. On vessels of 200 gross registered tons and upwards, the height of the rooms, from the upper side of the floor to the under side of the deck-beams (roof-beams) shall not be less than 1*85 metres (about 6 feet 1 inch), and on vessels of 1,000 gross registered tons and upwards, not less than 2 metres (about 6 feet 7 inches). Para. 3. On steamships of 200 gross registered tons and upwards there shall be separate sleeping rooms for deck and engine room hands. Para 4. 1. On sailing ships of 1,000 gross registered tons and upwards, sleeping rooms shall not be arranged for the accommodation of more than four men. Regarding special mess-rooms, see para. 11. 2. On steamships of 1,000 gross registered tons and upwards, sleep- ing rooms shall not be arranged for the accommodation of more than two men. Should the number of the crew be odd, one of the cabins may be provided with three bunks. Regarding special mess-rooms, see para. 11. * As it has been found that superstructures, cabins and the Hke are arranged in such a way that there is a free passage on one side of the vessel only, it is to be observed that such an arrangement cannot as a rule be permitted. A passage must always be arranged either on both sides of the vessel or there must be a middle gangway, f All measures in feet and inches in these regulations are English measures. U4 3. On passenger vessels of 3,000 gross registered tons and upwurds, where sleeping rooms for two men could not be arranged for all unless artificial light must be used in some of these on account of limited space, the Inspector-General of Shipping and Navigation may permit the use of cabins arranged for several men. In that case a plan of the cabins, drawn to a suitable scale, shall be placed before the Inspector- General (Sj0fartskontoret) for approval in due time before the com- mencement of such arrangement. Para. 5. 1. Sleeping rooms shall be properly protected against water from above. Cabins in rooms on deck or in superstructures, that lie less than eight feet above the winter cargo-line, shall therefore not have direct access to the deck on the side that faces the ship's side unless there are deck-houses or superstructures nearer the ship's side (in the side), which protect against shipped water. Sleeping quarters must also be properly protected against eJSluvia from the cargo and from bilge-water. Rooms shall not be arranged below the main deck before the collision bulkhead. They shall not be placed at any other spot beneath the main-deck, unless sidelights in the ship's side can be placed at least 0'75 metres (about 2 feet 6 inches) above the winter cargo line. Passenger vessels in long coasting-trade or in shorter trade are ex- empted from this regulation, but the arrangement of the rooms on such ships must always be previously approved by the Inspector-General of Shipping and Navigation (Sj^fartskontoret). " Long coasting trade " designates trade on the Norwegian coast for distances within the skerries exceeding 30 miles, and trade inside a line drawn from Lindesness to Skagen (Skaw), and as far out as a line drawn from Karlskrona to Bornholm-Swinemiinde. On cargo-steamers of 1,000 gross registered tons and upwards, the rooms for the engine crew shall not be placed forward. 2. The situation of the crew spaces with regard to lamp-rooms, and rooms for storing oil, paint and similar materials, closets and chain- lockers, shall not be so that it would occasion unpleasantness to the crew or be dangerous to the health of the same. There shall be direct access from the rooms to the deck or to passages leading to the deck. Exit through the engine room (engine top) alone shall not be permitted. 3. Descents to cliain-lockers, cable-rooms or cellars shall not be placed in rooms. Should such descents be placed in the passage leading to the rooms, they must be carefully covered in. 4. Floors, walls and roofs (decks) shall be so constructed that they afford sufficient protection against cold and damp, and be kept in such a condition that they are easily kept clean. Should the walls st floor be of iron, steel or, the like, they shall be covered inside with wooden panelling, but in such manner that the wooden panelling shall not rest immediately on the iron. Under the panelling againor the ship's side shall be placed felt, m.illboard or the like. The floor 145 shall be provided with a covering or in some other way be rendered impervious to damp. At the bottom of the wooden panelling against the ship's side or iron bulkheads there shall be an opening of at least 15 centimetres (about 6 inches) broad, or loose boards that can be taken away for cleaning purposes. Where the floor and iron walls meet, a slanting corner of cement and waste-pipes shall be constructed so that water cannot collect there. Where the roof is of iron or steel, it shall also be panelled unless a wooden deck is laid above. Except against the ship's side, other coverings may be employed instead of wooden panelling, the same to be bad conductors of heat and easily kept clean. Walls and roofs shall be of light colours. Should the sleeping rooms be situated in the vicinity of the engine room or other strongly heated place, the same shall be securely insulated against heat from the latter. The rooms shall be capable of being heated. As a rule the use of petroleum stoves for that purpose will not be permitted. Para. 6. Rooms shall be properly lighted, with a window for direct daylight. In clear weather ordinary book print should be readable in every parfe of the rooms by ordinary daylight. Rooms on deck or on superstructures shall be properly supplied with light through windows, glass-ventilators (port-holes) or skylights, and rooms below deck through the sides or roof. There shall be satisfactory artificial lighting in the rooms. Reservoirs of lamps shall be of strong metal and the lamps shal be properly hung in a place definitely destined for the same. Where electric lighting is employed, reserve oil-lamps shall be put up in the rooms. Para 7. Sleeping quarters shall be well ventilated. The ventilation shall be so contrived that there shall be a sufficient supply of fresh air and exit of foul air, even when all port-holes, skylights and doors are closed. In passages that lead to sleeping quarters below deck or in the fore- castle or in other superstructures, there shall be at least two specia air pipes, above deck ventilators, or the like, one for the supply of fresh air, the other for outlet of foul air, or other ventilation of an equally satisfactory character. Sleeping quarters situated below deck shall be provided with at least one air passage from one of the air pipes, etc., placed in the passage and a ventilation opening in wall or door, or other ventilation of aa equally satisfactory character. Sleeping quarters situated above deck or in the forecastle, other superstructures or deck houses, shall be provided with at' least two ventilation openings, one up and down, with lids to each, or other equally satisfactory ventilation, (6367) K 146 Should the Surveyor consider such ventilation fco be unsatisfactory ^reason of the situation of the rooms or for other reasons, further entilation can be ordered. Air pipes shall not open out just above, or on to a bunk. Para. 8. 1. Every member of the crew shall have his own bunk, which shall be at least 1*83 metres (about 6 feet) long, and 0*60 metres (about 2 feet) broad, both measurements taken from the interior of the bunk. On vessels below 200 gross registered tons, however, berths of 0*55 metres (about 1 foot 10 inches) broad are permissible. 2. On vessels of not less than 1 ,000 gross registered tons and upwards the bunks shall be of metal. 3. No bunk shall be placed nearer to the deck (floor) than 0*30 metres (about 1 foot) and not more than two bunks one above the other shall be permitted. The distance between these mutually, and also between the upper bunk and the deck beam, shall be not less than 0*75 metres (about 2 feet 6 inches). Bunks shall not be placed side by side except on whaling and sealing vessels, where two bunks in breadth shall be permissable. In the latter case, however, a dividing wall between the bunks of at least 0*30 metres (about 1 foot) in height above the bottom of the bunk shall be constructed. The berths shall not be placed in direct contact with the ship's side. Para. 9. 1. Each sleeping room and outside and in the vicinity of the same shall be provided with a well ventilated cupboard for the safe custody of working clothes (oil-skins, sea-boots, etc.), and in each sleeping room there shall be cupboard with lock, or a locker (compartment drawer) for each man for the safe custody of other effects. 2. Food, damp clothes, and other things that are evil smelling or injurious to health shall not be kept in sleeping c'ompartments (cabins). Para. 10. Above the sleeping compartment of the crew shall be plainly marked the number of hands for which the compartment is destined. Such marking shall be engraved or affected in some other durable manner (not by painting only). 11.— MESS ROOMS. 1. On vessels of 1,000 gross registered tons and upwards, there shall be special mess rooms (one or several) for the crew. 2. The mess rooms shall be of sufficient size and suitably arranged, so that the whole crew (deck or machine crew) — on vessels with a passenger certificate one half of the crew — can mess at the same time. Cupboards shall be placed in the mess room for storage and rations and mess things served to the crew. 147 Mess rooms shall be light and well ventilated, and capable of being heated. Walls and ceiling shall be kept in light colours and the floor shall be so fitted that it can be kept clean easily. 3. On ships where no special mess room is provided for the crew the sleeping quarters shall be provided with a table of suitable size, with the requisite benches or the like, and outside in the vicinity of the same room a cupboard for the storage of the rations served out to the crew and for mess things. IIL- GALLEY, Para. 12. On vessels of 100 gross registered tons and upwards the galley shall be placed in a special room. On board Arctic vessels, however, the galley may be placed in the forecastle, even when the vessel is over the size mentioned above. When the galley is placed in the forecastle, a cowl with exit pipe shall be constructed above deck, for the escape of smell and steam. lY.— LAVATORIES AND BATHROOMS. Para. 13. 1 . On ships of less than 1,000 gross registered tons each sleeping room shall be provided with washing appliances and a suitable number of washing basins, if there is no separate washing room. 2. On vessels of 1,000 gross registered tons and upwards, there shall be a special washing room for the crew, of adequate dimensions and with one washing apparatus for each two men on a watch. When washing appliances are placed in the sleeping quarters in the number^ here specified, special washing rooms shall not be demanded. 3. On steamers of 1,000 gross registered tons and upwards, there shall be a separate washing room for the engine-room hands, with one washing appliance for each two men on a watch. 4. On steamers of 1,500 gross registered tons and upwards, the wash- ing rooms or separate rooms shall be provided with a bath or shower bath for the crew, with opportunities of obtaining hot baths, when steam is kept up and there are otherwise opportunities for the same. 5. Lavatories and bathrooms shall be light and well ventilated, and shall be capable of being heated. Y,— PRIVY ACCOMMODATION. 1. Every vessel of 100 gross registered tons &i d upwards, shall in addition to closets for the officers be provided with one or more properly constructed and fitted closets for the use of the criw. There shall be at least one closet for every 10 mci]. 2. Closets shall be so situated that unpleasant odours cannot pene- trate into the forecastle, and in the closet rooms ventilators or pipes shall be paced for the exit of bad air. Closets shall be constructed of glazed earthenware or of good enamelled metal, the outlet shall be (6367) K 2 148 properly constructed, and shall be provided with safe and efFective flushing apparatus. Closet rooms shall be painted in light colours. The floor shall be impervious to damp, and the floors, walls and ceiling shall be so l^e}>t that they can be washed with ease. YJ.— HOSPITALS FOR THE CREWS. Para, 15. 1. On vessels with a crew of 12 men and upwards, there shall be a special sick- ward with proper arrangements for admission of light and fresh air : — At least 1 bunk when the crew consists of 12-17 men. 18-30 ., 31-45 „ 4 ,, ,, 46 men and upwards. Above the door of the sick-ward shall be plainly inscribed " sykerum." The inscription shall be made by carving or in some other durable manner (nob by painting only). 2. The sick-ward shall not be used for other purposes, and shall not be situated aft above the propeller. Sick-wards in houses or superstructures on deck, and which are less than 8 feet above the winter cargo line, shall nob have direct access to the deck on the side that turns towards the ship's-side, unless closer into the ship's-side there is a house or superstructure that protects against shipped water. 3. These instructions shall not be applicable to fishing vessels, whaling and sealing vessels, below 200 gross registered tons, nor to ships engaged in coasting trade and regular service to European ports, when such vessels under ordinary circumstances may be calculated not to be more than three days and nights at sea. CLEANING. Para. 16. 1. Sleeping quarters, mess-room, galley, lavatory, bathroom and closet, shall be cleaned and ventilated daily, as well as the sick- ward in use. The daily cleaning shall be the duty of the crew, to be performed during their free time on Sundays and Holy days during the stay of the vessel in port, and in other cases in working hours. Cleaning shall take place under the supervision of the first officer and the engineer, and the master of the ship shall personalh" satisfy himself that such supervision is exercised. 2. A general cleaning shall take place three times yearly. In addition a general cleaning shall take place on change of crew (deck hands, machine hands) and when circumstances, such as infectious diseases, etc., require the same. Vide further details in medical book. Cleaning shall not take place by sweeping with dry brooms, but only by the use of wet clothes, mops and the like. 149 3. Spitting on the floor of rooms shall be prohibited. One or several spittoons shall be placed in each room, and these spittoons shall be cleaned daily, and the contents either burnt or thrown into the sea. 4. The rooms shall be painted at intervals of two years. 5. On vessels purchased from abroad, and which are not of new con- struction, ail berths and inventory shall be carefully cleaned and disinfected before the crew go on board. YlU.— EXEMPTIONS AND AMENDMENTS. Para. 17. The Inspector-General of Shipping and Navigation may allow such modifications of the present prescriptions as circumstances may require, and as the nature and conditions of the waters in question may render desirable. IX.— TRANSITIONAL REGULATIONS, ETC. Para. 18.* 1. In the case of vessels that were built (keel laid) previous to the date when these prescriptions came into force, the above regulations will apply with certain modifications only. (a) Increase in the size of the sleeping quarters (para.s. 1 and 2), appointment of separate sleeping rooms for deck hands and engine-room hands (para. 3) and two bunk sleeping quarters with special mess- room (paras. 4 and 11) shall not be required unless room for the same and changes can take place without great inconvenience to the vessel. The Inspector-General of Shipping and Navigation (Sjofartskontoret), however, shall be entitled to require reconstruction and improvements of rooms so far as such may be deemed inadequate and unsuitable from a hygienic point of view. (b) Sleeping quarters that do not satisfy the requirements of para. 5, items 1 and 2, may be sanctioned if they are well protected, well ventilated and sufficiently well lighted, but alterations should be made on refitting, rebuilding or general repairs, if there is an opportunity of so doing. (c) Descent to chain-boxes, cable-rooms, or cellars, in sleeping rooms or passages leading to the same shall be aj)proved as long as an alteration cannot take place without inconvenience to the ship (T3ara. {(1) Berths of metal or of galvanized iron are not prescribed in the case of vessels of 1,000 registered tons and upwards, until rebuilding or refitting takes place. *(1) Vessels under construction abroad, come within para. 18, Section I, pro- vided the keel was laid before the regulations came into force. This section is also applicable to vessels whether originally contracted for Nor- wegian account or purchased in the course of their construction. (2) Regarding vessels purchased after the construction has been completed, but before the vessel has commenced trading (newly built) the section mentioned under 1, is applicable. (3j Vessels purchased from abroad after they have commenced trading (not newly built) come within para. 18, Section 2. 150 (e) A common cupboard for storing working clothes, etc., may be permitted in the place of a cupboard for each sleeping room prescribed in para. 9. The provision of cupboards or drawers with locks in the sleeping quarters may be postponed until rebuilding or re-fitting (para. 9). (/) In the Arctic trade the galley may be kept in the crew spaces, if there is no opportunity of placing it in a separate room (para. 12). (g) Bathrooms shall not be required unless room be found for the same on re-building or during general repairs (para. 13). (h) Should there not be a closet for every 10 men of the nature described in para. 14, the provision of the same may be postponed until re-building of the ship, so far as the existing arrangements may be considered proper from hygienic point of view. 1 . It is required that the situation of the sick- ward may be changed only when this can take place without serious drawbacks (para. 15 (2). 2. Vessels purchased from foreign countries may be exempted from observing the above regulations when the construction of the vessel is an obstacle to the same. Para, 19. In the case of newly-constructed vessels there shall be produced on demand by the surveying authorities a drawing (two copies) showing the situation and arrangement of all the rooms intended for the crew. The drawing shall be made to a suitable scale, and shall contain a statement of the cubic contents and deck area of each room entered above each. In the case of applications for dispensation from the prescriptions regarding the position and fitting of the rooms, a similar drawing must accompany the application. Para. 20. ' Breach of the above prescriptions will be punished by fines in con- formity with the general Criminal Act of 22nd May, 1902, para. 339, provided more rigorous punishment be not applicable in accordance with other laws. Para, 21. The prescriptions contained in the Royal Order in Council of 22nd May, 1906, for crew's spaces, etc., on registerable vessels are hereby repealed. 151 SWEDEN. Note on Regulations and Agreements. 1. (a). Article 5a of the Maritime Law enacts that lodgings on board ship shall be sufficient and suitable. Further details in this matter will be found in the sixth chapter of the Royal Ordinance of 23rd December, 1915, concerning the construction and equi'pment of ships from which the following main features may be quoted : Separate cabins have to be provided for the officers, kitchen staff and female attendants, as also one or more spaces for the rest of the crew. In engine-propelled ships, of a gross tonnage of 200 tons and above, separate cabins have to be provided for deck and engine officers, as also separate spaces for deck hands and engine crew. For every person there shall be provided, in cabins or other crew spaces, a cubic capacity of, at least, 3*4 cubic metres and a floor area of, at least, 14 square metres. Cabins and crew spaces shall have a height of, at least, 2 metres between decks. Sleeping bunks or berths shall have a free length of not less than 1.83 metres and a free mean breadth of 0'6 metres. They must not be fitted nearer to the floor than 25 centimetres. Above their bottom a free height shall be provided of, at least, 75 centimetres. In addition to the above-mentioned principal rules there are detailed regulations as to : protection from water, painting of lodgings, daylight in cabins and crew spaces, ventilating, heating, lighting, wardrobes, tables and seats, washing rooms, closets and lazarets. The accommodation of fishing and whaling vessels are subject to more moderate rules. Finally, Article 26 of the Royal Ordinance concerning certaiyi measures of Safety in connection with the use of Shij)s, stipulates that rooms for officers and crew, such as cabins, mess rooms, crew spaces or wash- rooms, shall be swept and cleaned every day. Closets should be flushed daily. 1. (b) The above-mentioned agreements between shipowners and seamen's organizations provide also, to some extent, for certain regula- tions in regard to the accommodation, viz. : That mates and engineers, where it is possible, shall have their own separate cabins ; That the master shall take necessary measures to ascertain the cleaning of the crew's sleeping accommodation and mess rooms ; and That the mess room may not be used for other purpose than that for which it is intended. 152 UNITED STATES. Extracts from the Navigation Laws, 1919. From the gross tonnage of every vessel of the United States there shall be deducted — Crew Accommodation. (a) The tonnage of the spaces or compartments occupied by or appropriated to the use of the crew of the vessel. Every place appro- priated to the crew of the vessel shall have a space of not less than 72 cubic feet and not less than 12 superficial feet, measured on the deck or floor of that place, for each seaman or apprentice lodged therein. The provisions of this Act requiring a crew space of 72 cubic feet per man shall apply only to vessels the construction of which shall be begun after 30th June, 1895. Such place shall be securely constructed, properly lighted, drained, and ventilated, properly protected from weather and sea, and as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water ; and failure to comply with this provision shall subject the owner to a penalty of $500. Every place so occupied shall be kept free from goods or stores of any kind, not being the personal property of the crew in use during the voyage ; and if any such place is not so kept free the master shall forfeit and pay to each seaman or apprentice lodged in that place the sum of 50 cents, a day for each day during which any goods or stores as aforesaid are kept or stored in the place after complaint has been made to him, by any two or more of the seamen so lodged. No deduction from ton- nage as aforesaid shall be made unless there is permanently cut in a beam and over the doorway of every such place the number of men it is allowed to accommodate with these words, " Certified to accommodate seamen." On all merchant vessels of the United States the construction of which shall be begun after the passage of this Act, except yachts, pilot boats, or vessels of less than 100 tons register, every place appropriated to the crew of the vessel shall have a space of not less than 120 cubic feet and not less than 16 square feet, measured on the floor or deck of that place, for each seaman or apprentice lodged therein, and each seaman shall have a separate berth and not more than one berth shall be placed one above another ; such place or lodging shall be securely constructed, properly lighted, drained, heated and ventilated, properly protected from weather and sea, and, as far as practicable, properly shut off and protected from the effluvium of cargo or bilge water. And every such crew space shall be kept from goods or stores not being the personal property of the crew occupying said place in use during the voyage. (3rd March, 1897, section 2. ith March, 1915, section 6. Effective beginning 4th November, 1915). That in addition to the space allotment for lodgings hereinbefore provided, on all merchant vessels of the United States, which in the 153 ordinary course of their trade make voyages of more than three days* duration between ports, and which carry a crew of 12 or more seamen, there shall be constructed a compartment, suitably separated from other spaces, for hospital purposes, and such compartment shall have at least one bunk for every 12 seamen, constituting her crew, provided that not more than six bunks shall be required in any case. Every steamboat of the United States plying upon the Mississippi Kiver or its tributaries shall furnish an appropriate place for the crew, which shall conform to the requirements of this section, so far as they are applicable thereto, by providing sleeping room in the engine room of such steamboat, properly protected from the cold, wind and rain by means of suitable awnings or screens on either side of the guards or sides and forward, reaching from the boiler deck to the lower or main deck, under the direction and approval of the Supervising In- spector-General of Steam Vessels, and shall be properly heated. All merchant vessels of the United States, the construction of which shall be begun after the passage of this Act, having more than ten men on deck must have at least one light, clean, and properly ventilated washing place. There shall be provided at least one washing outfit for every two men of the watch. The washing place shall be properly heated. A separate washing place shall be provided for the fire-room and engine-room men, if their number exceed ten, which shall be large enough to accommodate at least one-sixth of the men at the same time, and have hot and cold water supply and a sufficient number of wash basins, sinks, and shower baths. Any failure to comply with this section shall subject the owner or owners of such vessel to a penalty of not less than $50 or more than $500. Provided, that forecastles shall be fumigated at such intervals as may be provided by regulations to be issued by the Surgeon-General of the Public Health Service, with the approval of the Department of Commerce, and shall have at least two exits, one of which may be used in emergencies. (Navigation Laws of the United States, 1919, pages 29, 30, 31). Note. — Section 4572 (21st December, 1898), provides that " every vessel in foreign or domestic trade shall provide a safe and warm room for the use of seamen in cold weather," but this section is not applicable to fishing or whaling vessels or yachts. (Navigation Laws of the United States, 1919, page 112). It is also provided that " the local inspectors shall, once in every year, at least, carefully inspect .... each steam vessel within their respective districts, and shall satisfy themselves that every such vessel . . . . has suitable accommodations for" the crew. (Section 4417, Eevised Statutes as amended. N-avigation Laws of the United States, 1919, page 104).] Circular letter] 154 LEAGUE OF NATIONS. INTERNATIONAL LABOUR OFFICE. 7, Seamore Place, 3rd February, 1920. Curzon Street, giR^ London W. 1. I have the honour to communicate to you herewith a copy of the agenda of the special meeting of the General Conference of the Inter- national Labour Organisation, which is to be held at Genoa, on June 15th next, to deal with questions relating to seamen. This agenda was drawn up by the Governing Body of the International Labour Office at its meeting held in Paris on January 27th last, in accordance with the provisions of Article 400 of the Treaty of Versailles. The Conference will meet under the conditions specified by Article 389 and the other Articles of the Treaty governing the Conferences of the International Labour Organisation. Each Member of the Organisa- tion will accordingly be entitled to nominate four delegates, of whom two will be chosen in agreement with the industrial organisations most representative of employers and workpeople respectively in their own countries, and each delegate may be accompanied by two advisers for each item on the agenda. This means that the non-Government delegates and advisers will be chosen in agreement with the national federations of employers and trade unions, where such exist, as in the case of the Washington Conference, but inasmuch as the agenda of the Genoa Conference will be limited to questions affecting seamen ex- clusively, it will no doubt be foimd desirable that among the Govern- ment and non-Government delegates persons should be nominated, who are fully competent bo deal with maritime questions. With this end in view, and in order that the decisions of the Conference may carry the necessary moral weight with those whom they will principally concern, it will probably be deemed advisable that persons should be nominated who command the confidence of the shipowners' and seamen's organisations. A questionnaire relating to the different items of the agenda, which has been prepared by the International Labour Office, will be forwarded in a few days, and it is requested that answers may, if possible, be forwarded so as to reach this office not lafcer than May 1st, in order that summaries may be prepared for presentation to the Conference when it meets. In the case of those Governments which do not wish to participate in the Conference on the ground that their countries are not sufficiently interested in maritime questions, no answer to the questionnaire will, of course, be expected. It is requested, however, that your Government will in any case be good enough to inform me by telegram, as soon as possible after the receipt of this circular, whether or not it intends to take part in the Genoa Conference. If your Government decides to participate I should further be glad to be informed of the names, or at any rate of the number, of its delegates and advisers not later than May 15th, in order that suitable arrangements may be made at Genoa. I have the honour to be. Sir, Your obedient Servant, ALBERT THOMAS, Director. 155 AGENDA FOR SEAMEN'S CONFERENCE. 1. Application to seamen of the Convention drafted at Washington, last November, limiting the hours of work in all industrial undertakings, including transport by sea and, under conditions to be determined, transport by inland waterways, to 8 hours in the day and 48 in the week. Consequential effects as regards manning and the regulations relating to accommodation and health on board ship. 2. Supervision of articles of agreement. Provision of facilities for finding employment for seamen. Application to seamen of the Con- vention and Recommendations adopted at Washington in November last in regard to unemployment and unemployment insurance. 3. Application to seamen of the Convention adopted at Washington prohibiting the employment of children under 14 years of age. 4. Consideration of the possibility of drawing up an International Seamen's Code. 156 LEAGUE OF NATIONS. Labour Organisation. Conference of Seamen. QUESTIONNAIRE. PRELIMINARY NOTE. In your answers to these inquiries you are requested to bear the following points in mind : — 1. Careful allowance should be made in every answer for the dis- tinctions drawn by legislation or custom in your country between the various kinds of vessels ; for instance : — (1) Foreign-going merchantmen : {a) Steamers and other mechanically-driven vessels. {h) Sailing ships. (2) Coasting vessels. (3) Tugs and barges not self-propelled. (4) Fishing boats. (5) Vessels employed on inland waterways. 2. In your replies, which are invited in order that International Agreements and Recommendations may be drawn up, you are requested to state how far you think it possible, or advisable, to apply the same general regulations to the various classes of ships, or whebher separate arrangements should be made for them. 3. As regards navigation of inland waterways. (a\ Does your Government think that this should be subject to the same regulations as maritime navigation ? {b) Does your Government think it possible to make a distinction between persons employed in mechanically-driven vessels on large lakes or rivers, whose duty is continuous, and those employed in vessels confined to canals or canalised rivers ? [It will be recalled that at the Washington Conference during the debate on the Report of the Commission oft Hours of Work (Pro- visional Record pp. 314-322) attention was drawn by several delegates to the peculiar conditions affecting inland navigation on the great lakes of Northern America, the Swedish fiords and the great rivers of Asia, on which voyages often continue w^ithout interruption for several days. In defining the application of the Conventions which may be drawn up in regard to the various items of the agenda, it will be necessary to take these special conditions into account and perhaps to distinguish them from those of river and canal navigation in Europe.] 157 ITEM I OF THE AGENDA. Hours of Labour and their Effect on Manning and Accommodation. A, — Hours of Labour. 1. Please explain fully the nature of any existing regulations (i) in the national law, (ii) in agreements between organisations of ship- owners and seamen prescribing the hours of duty for foreign-going seamen. N.B. — The reply should, where necessary, distinguish between the various classes of seamen (deck hands, engine room staff and general service) and between the hours of labour while at sea and in port. 2. What arrangements and adjustments does your Government consider necessary for the application to seamen of the eight hours' day and the forty-eight hours' week, as adopted by the Washington Con- ference ? B. — Manning. 1. Are there any manning regulations in your national legislation, at anv rate for foreign-ojoing vessels ? 2. If the ]3rinciple of the eight hours' day and the forty-eight hours' week were adopted in the Mercantile Marine : (a) What modifications do you anticipate in your manning regula- tions, if you have any ? (b) Does your Government see any objection to the adoption of international manning scales, at any rate for foreign-going vessels ? C — Accommodation. 1. What provision, if any, is made : (a) by your national law ; (b) by agreements between organisations of shipowners and seamen ; in regard to the amount of cubic space to be allotted to seamen and in regard to their general accommodation ? 2. As the application to seamen of the principle of the eight hours' day would probably involve larger crews, what steps would you pro- pose to take, and within what period, to adapt their accommodation to these new requirements ? 3. Is it advisable to establish by Agreement the international regulation of accommodation for seamen on board ship ? Does your Government think it advisable to fix by international Agreements uniform standards of accommodation for seamen on board ship ? 158 ITEM II OF THE AGENDA. A. — Articles of Agreement. Under what system are seamen in your country engaged ? (a) Are all seamen required to sign articles of agreement ? If so, please give particulars of the legal requirements as to the signature of articles. (b) What provisions exist for ensuring the observance of agree- ments? (1) by State supervision : (2) by Trade Unions : (3) by other means ? B. — Facilities for finding Employment for Seamen, 1. Have you in your country any system for registering the service of seamen ? 2. Does your national law provide employment exchanges for seamen ? (a) If so, how are they constituted and controlled ? (b) What connection have they with the official authorities who control seamen's employment ? C. — Washington Conventions and Recommendations on JJnemiployment and Vn employ 7nent Insurance. What provisions or modifications, if any, do you consider necessary for the application to seamen : (a) of the Draft Convention ; (b) of the Eecommendations adopted at Washington in regard to Unemployment and Unemployment Insurance ? ITEM III OF THE AGENDA. Prohibition of the Employment of Children under 14 Years OF Age. 1. What limitations are imposed by your national law on the age at which children may be employed on board ship ? 2. What arrangements and adjustments does your Government consider necessary for the application to the Mercantile Marine of the Draft Convention adopted at Washington prohibiting the employment of children under 14 years of age J 159 ITEM IV OF THE AGENDA. The Possibility of Establishing an International Code for Seamen. 1. Do you think it possible to establish a kind of International Code for Seamen ? 2. If so, what does your Government consider should be the general principles of an International Maritime Code as regards the conditions of service at sea ? In particular, should the seamen's contract of employment be brought into line or not with that obtaining generally in the case of other workers : for instance, for discipline, the right to leave their ship in a foreign port, the payment of wages before discharge, etc. ? N.B. — The Governing Body of the International Labour Office, at its meeting in January when the agenda of this questionnaire was drawn up, had this important question brought before it. The Governing Body considered it so vast and bound up with so many other problems that the coming International Conference would hardly be able to deal with it. In spite of this, it deemed it necessary to retain the question in that agenda for general examination. We should be glad if you would send us forthwith the most complete information available on this subject, particularly on those points which might ultimately give rise to International Agreements, in order that the work which will be subsequently necessary may be put in hand.