ANNO TRICESIMO ET TRICESIMO-PRIMO

VICTORIA REGINÆ.

CAP. CXXIV.

An Act to amend the Merchant Shipping Act, 1854.

BE

[20th August 1867.]

E it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

1. This Act may be cited as "The Merchant Shipping Act, Short Title. 1867," and shall be construed with and as Part of "The Merchant Shipping Act, 1854," herein-after termed the Principal Act.

2. This Act shall come into operation on the First Day of CommenceJanuary One thousand eight hundred and sixty-eight, but shall ment of Act. not apply to any Ship which belongs to the United Kingdom and is absent therefrom at the Time when this Act comes into operation until such Ship has returned to the United Kingdom.

3. The Two hundred and twenty-fourth, Two hundred and Sects. 224, twenty-seventh, and Two hundred and thirty-first Sections of 227, and 231 of the Principal Act are hereby repealed.

17 & 18 Vict. c. 104, repealed.

4. The following Rules shall be observed with respect to Lime or Medicines, Medical Stores, and Anti-scorbutics; (that is to say,) Lemon Juice

and other
Anti-scorbutics

(1.) The Board of Trade shall from Time to Time issue and to be provided cause to be published Scales of Medicines and Medical and kept on Stores suitable for different Ships and Voyages, and Ships. shall also prepare or sanction a Book or Books containing Instructions for dispensing the same:

(2.) The Owners of every Ship navigating between the United Kingdom and any Place out of the same shall provide and cause to be kept on board such Ship a Supply of

Medicines

Merchant Shipping Act, 1867.

Medicines and Medical Stores in accordance with the
Scale appropriate to the said Ship, and also a Copy of
the said Book or of One of the said Books containing
Instructions:

(3.) No Lime of Lemon Juice shall be deemed fit and proper to be taken on board any such Ship, for the Use of the Crew or Passengers thereof, unless the same has been obtained from a Bonded Warehouse for and to be shipped as Stores; and no Lime or Lemon Juice shall be so obtained or delivered from any Warehouse as aforesaid unless the same is shown, by a Certificate under the Hand of an Inspector appointed by the Board of Trade, to be proper for Use on board Ship, such Certificate to be given upon Inspection of a Sample after Deposit of the said Lime or Lemon Juice in the Warehouse; nor unless the same contains Fifteen per Centum of proper and palatable Proof Spirits, to be approved by such Inspector, or by the proper Officer of Customs, and to be added before or immediately after the Inspection thereof; nor unless the same is packed in such Bottles, at such Time and in such Manner, and is labelled in such Manner as the Commissioners of Customs may direct; provided that when any such Lime or Lemon Juice is deposited in any Bonded Warehouse, and has been approved as aforesaid by the said Inspector, the said Spirits, or so much of the said Spirits as is necessary to make up Fifteen per Centum, may be added in such Warehouse, without Payment of any Duty thereon; and when any Spirit has been added to any Lime or Lemon Juice, and the same has been labelled as aforesaid, it shall be deposited in the Warehouse for Delivery as Ship's Stores only, upon such Terms and subject to such Regulations of the Commissioners of Customs as are applicable to the Delivery of Ship's Stores from the Warehouse :

(4.) The Master or Owner of every such Foreign-going Ship (except those bound to European Ports or to Ports in the Mediterranean Sea, and also except such Ships or Classes of Ships bound to Ports on the Eastern Coast of America North of the Thirty-fifth Degree of North Latitude, and to any Islands or Places in the Atlantic Ocean North of the same Limit, as the Board of Trade may from Time to Time exempt from this Enactment,) shall provide and cause to be kept on board such Ship a sufficient Quantity of Lime or Lemon Juice from the Warehouse duly labelled as aforesaid, such Labels to remain intact until Twenty-four Hours at least after

such

Merchant Shipping Act, 1867.

such Ship shall have left her Port of Departure on her Foreign Voyage, or a sufficient Quantity of such other Anti-scorbutics, if any, of such Quality, and composed of such Materials, and packed and kept in such Manner, as Her Majesty by Order in Council may from Time to Time direct :

(5.) The Master of every such Ship as last aforesaid shall serve or cause to be served out the Lime or Lemon Juice with Sugar (such Sugar to be in addition to any Sugar required by the Articles) or other such Antiscorbutics as aforesaid to the Crew so soon as they have been at Sea for Ten Days, and during the Remainder of the Voyage, except during such Time as they are in Harbour and are there supplied with fresh Provisions; the Lime or Lemon Juice and Sugar to be served out daily at the Rate of an Ounce each per Day to each Member of the Crew, and to be mixed with a due Proportion of Water before being served out, or the other Anti-scorbutics, if any, at such Times and in such Quantities as Her Majesty by Order in Council may from Time to Time direct:

(6.) If at any Time when such Lime or Lemon Juice or Antiscorbutics is or are so served out as aforesaid any Seaman or Apprentice refuses or neglects to take the same, such Neglect or Refusal shall be entered in the Official Logbook in the Manner provided by the Two hundred and eighty-first Section of the Principal Act, and shall be signed by the Master and by the Mate or some other of the Crew, and also by the Surgeon or Medical Practitioner on board, if any :

not

And if in any such Ship as aforesaid such Medicines, Medical Stores, Book of Instructions, Lime or Lemon Juice, Sugar, or Anti-scorbutics as are herein-before required are provided, packed, and kept on board as herein-before required, the Owner or Master shall be deemed to be in fault, and shall for each Default incur a Penalty not exceeding Twenty Pounds, unless he can prove that the Non-compliance with the above Provisions, or any of them, was not caused through any Inattention, Neglect, or wilful Default on his Part; and if the Lime or Lemon Juice and Sugar or other Anti-scorbutics are not served out in the Case and Manner herein-before directed, or if Entry is not made in the Official Log in the Case and Manner herein-before required, the Master shall be deemed to be in fault, and shall for each Default incur a Penalty not exceeding Five Pounds, unless he can prove that the Noncompliance with the above Provisions, or any of them, did not

4

arise

Penalty for selling, &c.

Medicines, &c. of bad Quality.

Power to
Governors,
&c., to make
Regulations
as to Supply
of Lime or
Lemon Juice,
&c.

Seamen's
Expenses in

of owner or master to be

Merchant Shipping Act, 1867.

arise through any Neglect, Omission, or wilful Default on his Part; and if in any Case it is proved that some Person other than the Master or Owner is in default in any Case under this Section, then such other Person shall be liable to a penalty not exceeding Twenty Pounds.

5. Any Person who manufactures, sells, or keeps or offers for Sale any such Medicines or Medical Stores as aforesaid Which are of bad Quality, shall for each such Offence incur a Penalty not exceeding Twenty Pounds.

6. In any British Possession out of the United Kingdom' the Governor or Officer administering the Government for the Time being shall, subject to the Laws of such Possession, have Power to Make Regulations concerning the Supply within such Possession of Lime or Lemon Juice and Anti-scorbutics for the Use of Ships; and any Lime or Lemon Juice or Antiscorbutics duly supplied in accordance with any such Regulations shall be deemed to be fit and proper for the Use of Ships.

7. Whenever it is shown that any Seaman or Apprentice case of illness who is ill has, through the Neglect of the Master or Owner, throughneglect not been provided with proper Food and Water according to his Agreement, or with such Accommodation, Medicines, paid by them. Medical Stores, or Anti-scorbutics as are required by the Principal Act, or by this Act, then, unless it can be shown that the Illness has been produced by other Causes, the Owner or Master shall be liable to pay all Expenses properly and necessarily incurred by reason of such Illness (not exceeding in the whole Three Months Wages), either by such Seaman himself, or by Her Majesty's Government, or any Officer of Her Majesty's Government, or by any Parochial or other Local Authority on his Behalf, and such Expenses may be recovered in the same Way as if they were Wages duly earned: Provided that this Enactment shall not operate so as to affect any further Liability of any such Owner or Master for such Neglect, or any Remedy which any Seaman already possesses.

Forfeiture of wages, &c., of seamen when illness

caused by his own default.

Place appropriated to

seamen to have a certain space for each man, and to be properly

8. Where a Seaman is by reason of Illness incapable of performing his Duty, and it is proved that such Illness has been caused by his own wilful Act or Default, he shall not be entitled to Wages for the Time during which he is by reason of such Illness incapable of performing his Duty.

9. The following Rules shall be observed with respect to Accommodation on board British Ships; (that is to say,)

(1.) Every Place in any Ship occupied by Seamen or Apprentices, and appropriated to their Use, shall have for every

such