Time of of wages account delivered in pursuance of the last preceding section, except in respect of a matter happening after the delivery (r). (2.) The master (s) 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 (s), and also upon the hearing before any competent authority (t) of any complaint or question relating to that payment. 134. In the case of foreign-going (s) ships (other than payment ships (s) employed on voyages for which seamen by the for foreign- terms of their agreement are wholly compensated by a share in the profits of the adventure) (u) going ships. 1854, s. 187. 43 & 44 Vict. c. 16, s. 1. (a.) The owner or master (s) of the ship (s) shall pay to each seaman (s) on account, at the time when he lawfully leaves the ship at the end of his engagement (a), two pounds, or one fourth of the balance of wages (s) due to him, whichever is least; and shall pay him the remainder of his wages (s) 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 (s) consents, the final settlement of his wages (s) may be left to a superintendent (y) under regulations of the Board of Trade, and the receipt of the superintendent (y) shall in that case operate as if it were a release given by the seaman (s) in accordance with this Part of this Act (z): (c.) (a) In the event of the seaman's (s) wages (s) or any (r) § 132, s. 1. (8) Defined, § 742. (1) §§ 137, 164, (u) This probably refers to whalers; ef. § 744. Fishing-boats also run on profit-sharing terms; see $$ 383, 388, 389, 400 (c.). Share of profits on such an agreement can be recovered as wages. The Frederick (1803), 5 C. Rob. 8; see also § 234. (a) This means the period when actual service terminates, and in- (z) § 136. (a) This provision does not apply to masters. See § 167, and The Arina, (1887), 12 P. D. 118. part thereof not being paid or settled as in this section payment of wages for 135.-(1.) The master (d) or owner of any home-trade Time of ship (d) shall pay to every seaman (d) his wages (d) within two days after the termination (g) of the agreement with home the crew (h), or at the time when the seaman is discharged, ships. whichever first happens. (2.) If a master (d) or owner (i) fails (k) without reasonable cause (1) to make payment at that time, he shall pay to the seaman (d) a sum not exceeding the amount of two days' 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 (m). (3.) Any sum payable under this section may be recovered as wages (n). trade 1854, s. 187. ment of super- wages. super- 1854, 8. Board 175. 136.-(1.) Where a seaman (d) is discharged, and the Settlesettlement of his wages completed (o), before a intendent (p), he shall sign in the presence of the intendent (p) a release, in a form approved by the of Trade, of all claims in respect of the past voyage or engagement; and the release shall also be signed by the (b) Merely raising a point of law does not make a dispute as to liability reasonable. Re Great Eastern S. S. Co. (1885), 5 Asp. M. C. 511, at p. 514. (c) The owner or master being bound to pay, if the owner does not put the master in funds to pay, this is a default under the section (Re Great Eastern S. S. Co., ubi supra). (d) Defined, § 742. (e) Up to chief clerk's certificate in Chancery, or Registrar's report in Admiralty. Re Great Eastern S.S. Co. (1885), 5 Asp. M. C. 511, and Delaroque v. S. S. Orenholme (1883); Pritchard's Digest, 1701. S.M.S.A. (f) The provisions of the later (g) See note (x), p. 112. (i) Includes persons equitably in- (k) Includes refusal; § 742. (m) See note (a), p. 112. (0) § 137. (p) Gr. §§ 247, 742. I Decision of ques tions by superin tendents. 1854, s. 173. 43 & 44 master (q) or owner of the ship, and attested (r) by the superintendent (s). (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 (s), and on production from his custody shall be admissible in evidence in manner provided by this Act (t). (4.) Where the settlement of a seaman's wages (q) is by this Act (u) required to be completed through or in the presence of a superintendent (s), no payment, receipt, or settlement, made otherwise than in accordance with this Act (x) 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 (q) before a superintendent (s), the superintendent (s) shall, if required, sign and give to the master (q) a statement of the whole amount so paid; and the statement shall as between the master (q) and his employer be admissible as evidence that the master (q) has made the payments therein mentioned. 137.—(1.) Where in the case of a foreign-going ship (9) a question as to wages (q) is raised before a superintendent (s) between the master (g) or owner of the ship (q) and a seaman (q) or apprentice, and the amount in question does not exceed five pounds, the superintendent (s) may, on the Vict. c. 16, application of either party, adjudicate, and the decision of the superintendent (s) in the matter shall be final; but if the superintendent (s) is of opinion that the question is one which ought to be decided by a court of law, he may refuse to decide it (y). 8. 4 (5). (2.) Where any question, of whatever nature and whatever the amount in dispute, between a master (9) or owner and any of his crew is raised before a superintendent (z), (q) Defined, § 742. (r) § 694. (8) Cf. §§ 247, 742. (t) § 695. (u) § 131. (x) Sub-s. 1-3. (y) The superintendent, not being a court, cannot rescind the contract under § 168. (z) Cf. §§ 247, 742. 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 submission (a) 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. superin 138. (1.) In any proceeding under this Act (b) before a Power of superintendent (z) relating to the wages (c), claims, or dis- tendent to charge of a seaman, the superintendent (z) may require require production the owner (d), or his agent, or the master (c), or any mate or of ship's other member of the crew, to produce any log-books, papers. papers, or other documents in his possession or power 174. 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 (e), without reasonable cause, to comply with the requisition, he shall for each offence be liable to a fine not exceeding five pounds (f). 1854, s. of British money. 139. Where a seaman (c) has agreed with the master (c) Rule as to of a British ship (g) for payment of his wages (c) in British payment sterling or any other money, any payment of, or on account seamen in of, his wages (c) if made in any other currency than that foreign stated in the agreement, shall, notwithstanding anything 52 & 53 in the agreement, be made at the rate of exchange for the 46, s. 4. money stated in the agreement, for the time being current at the place where the payment is made (h). Advance and Allotment of Wages (i). Vict. c. Advance and Allot ment of 140.—(1.)—(a.) Where an agreement with the crew (k) is required () to be made in a form approved by the Wages. (a) i.e. the agreement in writing, which, being a submission, appears to come under the provisions of the Arbitration Act, 1889. (b) §§ 131, 137. (c) Defined, § 742. (d) Includes owner with beneficial interest; § 58. (e) Includes refusal; § 742. 684; how applicable, §§ 699, 716. (h) See The Nonpareil (1864), Br. (i) For the application of this Part, see Preliminary Note, and §§ 260-263. (k) § 113. (1) §§ 113, 114. Advance notes restricted. 52 & 53 Vict. c. 46, s. 2. Regula allotment Board of Trade, the agreement may contain a stipulation for payment to or on behalf of the seaman (m) conditionally on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month's wages (m) payable to the seaman (m) under the agreement; and (b.) Stipulations for the allotment of a seaman's wages may be made in accordance with this Act (n). (2.) Save as aforesaid an agreement by or on behalf of the employer of a seaman (m) for the payment of money to or on behalf of the seaman (m) conditionally on his going to sea from any port (m) in the United Kingdom shall be void, and any money paid in satisfaction or in respect of any such agreement shall not be deducted from the seaman's wages (m), and a person shall not have any right of action, suit, or set-off against the seaman (m) or his assignee in respect of any money so paid or purporting to have been so paid. 141.—(1.) Any stipulation made by a seaman (m) at the tions as to commencement of a voyage for the allotment of any part of his wages (m) during his absence shall be inserted in the 168, 169, agreement with the crew (0), and shall state the amounts and times of the payments to be made. no'es. 1854, ss. 43 & 44 Vict. c. 16, s. 3. (2.) Where the agreement is required (p) to be made in a form approved by the Board of Trade, the seaman (m) may require that a stipulation be inserted in the agreement for the allotment by means of an allotment note, of any part (not exceeding one half of his wages) in favour either of a near relative (g) or of a savings bank (q). (3.) Allotment notes shall be in a form approved by the Board of Trade. (4.) For the purposes of the provisions of this Act (r) with respect to allotment notes (a.) the expression "near relative" means one of the following persons, namely, the wife, father, mother, (m) Defined, § 742. (n) SS 141, 142. (6) § 113. (p) §§ 113, 114. (9) Sub-s. 4. (r) Sub-s. 2; § 142. |