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The Board of Trade, after due enquiry, replied that they had cautioned
the master in this particular instance, and were prepared in future to
prosecute such cases—a promise which has been since fulfilled.
The Board of Her Majesty's Customs find that the questions were put in
such a manner as to preclude their being able to obtain a conviction for false
answers.
This important matter was at once taken up by your Worshipful
Committee, and is now being placed upon such a footing as to render escape
from the consequences of an untrue statement impossible for the future.
In this country, where quarantine (except for yellow fever and plague) is
obsolete, and where the greatest possible care is taken to prevent delay or
hindrance of any kind to the great interests of trade, it is essential that every
assistance shall be given by owners and masters, and 110 single safeguard can
be allowed to fall into disrepute.
So far as the keeping up of the official log is concerned, experience shows
that there has been great laxity, and masters have gradually developed the
idea that only cases of serious illness are to be entered.
The Merchant Shipping Act, however, clearly lays down that the master
shall make an entry of "every case of illness or injury happening to any
"member, with the nature thereof, and the medical treatment adopted
"(if any)."
There is no limitation, and it certainly cannot be the master's duty,
{inasmuch as it is obviously beyond his power) to diagnose the nature of the
illness, or to decide whether it is serious or not.
The master of the steam ship Clyde" (P. and 0.) having failed to
enter in his official log cases of illness which occurred on the voyage, the
facts were reported to the Board of Trade, who, in accordance with their
promise, ordered a prosecution.
The disease was influenza, but the magistrate, on hearing the case, held
that the nature of the illness was not in question, and that the men having
been off duty for some days, the fact should have been duly entered in the
official log.
There had been a distinct breach of the Act, and in the case of a man who
had been off duty for 17 days he imposed a fine of 5l., and in three others
where the time was five, six, and six days respectively, a fine of 1l. each,
together with the costs of the summonses. The magistrate farther declined to
state a case.
This decision is one of the greatest value, and now that it is established
will doubtless have great weight with masters of vessels.