apothecary, once at least in every year, and supplied with fresh medicines in the place of such as shall have been used or spoiled; and in default of having such medicine chest so provided, and kept fit for use,Penalty on the master for default. the master or commander of such ship or vessel shall provide and pay for all such advice, medicine, or attendance of physicians, as any of the crew shall stand in need of in case of sickness, at every port or place where the ship or vessel may touch or trade at during the voyage, without any deduction from the wages of such sick seaman or mariner.[1]
Act of March 2, 1805, ch. 28.
Ships, &c. bound across the Atlantic, what supply of provisions and water shall be laid in.Sec. 9. And be it [further] enacted, That every ship or vessel, belonging as aforesaid, bound on a voyage across the Atlantic ocean, shall, at the time of leaving the last port from whence she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted flesh meat, and one hundred pounds of wholesome ship-bread, for every person on board such ship or vessel, over and besides such other provisions, stores and live-stock as shall by the master or passengers be put on board, and in like proportion for shorter or longer voyages; and in case the crew of any ship or vessel, which shall not have been so provided, shall be put upon short allowance in water,Penalty for short allowance of provisions and water. flesh or bread, during the voyage, the master or owner of such ship or vessel shall pay to each of the crew, one day’s wages beyond the wages agreed on, for every day they shall be so put to short allowance, to be recovered in the same manner as their stipulated wages.[2]
Approved, July 20, 1790.
Statute ⅠⅠ.July 20, 1790.
Chap. XXX.—An Act imposing duties on the tonnage of ships or vessels.
Tonnage duty on ships or vessels of U. States,Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That upon all ships or vessels which after the first day of September next, shall be entered in the United States from any foreign port or place, there shall be paid the several and respective duties following, that is to say: On ships or vessels of the United States at the rate of six cents per ton: onon those of foreigners; ships or vessels built within the United States after the twentieth day of July last, but belonging wholly or in part to subjects of foreign powers, at the rate of thirty cents per ton: on other ships or vesselson all others. at the rate of fifty cents per ton.[3]
On ships or vessels of the U. States, trading between district and district.Sec. 2. And be it further enacted, That the aforesaid duty of six cents per ton, shall be also paid upon every ship or vessel of the United States, which after the said first day of September next, shall be entered in a district in one state from a district in another state, other than an ad-- ↑ The act of Congress of July 20, 1790, for the government and regulation of seamen in the merchant service, has not changed the maritime law, except, perhaps, so far as respects medicines and medical advice, when there is a proper medicine chest, and medical directions on board the vessel. The charges for nursing and lodging are not affected by the act. Harden v. Gordon et al., 2 Mason, 541.
The expense of curing a sick seaman, in the course of a voyage, is a charge on the ship by the maritime law. Ibid.
The onus probandi in respect to the sufficiency of the medicine chest, lies on the owner, in an action by the seamen for wages. Ibid.
A stipulation that the seamen shall pay for medical advice and medicine, without any condition that there shall be a suitable medicine chest, &c., is void as contrary to the act of Congress. Ibid.
When a seaman at a foreign port, contracts an ordinary disease, without any fault of his own, and remains on board a vessel which is properly provided with a medicine chest, the expense of a physician, if necessary for the safety of his life is to be deducted from his wages. Holmes v. Hutchinson, Gilpin’s Rep. 448.
- ↑ In reference to the claims of seamen for “short allowance,” it was decided that the navy rations furnish a rule by which the allowance to seamen shall be determined. That when the articles mentioned in the act of Congress can be procured, no substitute shall be allowed; but it is otherwise if they cannot be obtained. The ship Washington, 1 Adm. Decisions, 219.
The provisions of the act of Congress relative to short allowance, do not apply to seamen shipped while the ship is at a foreign port. Ibid.
- ↑ See act of March 3, 1815, obsolete; act of April 20, 1818, obsolete; act of March 3, 1819, obsolete.
