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Allowance for short or bad provisions.
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199. In either of the following cases; (that is to say,)
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(i) if during a voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced (except in accordance with any regulations for reduction by way of punishment contained in the agreement with the crew, and also except for any time during which the seaman wilfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct either on board or on shore); or
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(ii) if it is shown that any of those provisions are or have during the voyage been bad in quality and unfit for use;
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the seaman shall receive, by way of compensation for that reduction, or bad quality, according to the time of its continuance, the following sums, to be paid to him in addition to, and be recoverable as, wages; (that is to say,)
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(a) if his allowance is reduced by not more than one third of the quantity specified in the agreement, a sum not exceeding fourpence a day:
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(b) if his allowance is reduced by more than one third of that quantity, eightpence a day:
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(c) in respect of bad quality as aforesaid, a sum not exceeding one shilling a day:
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But if it is shown to the satisfaction of the court before whom the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that [1]
proper and equivalent substitutes were supplied in lieu thereof, the court shall take those circumstances into consideration, and shall modify or refuse compensation as the justice of the case requires.
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[1 See further 6 Edw. 7. c. 48, s. 25 (2).] |
