cases. he shall not be entitled to sue in any court abroad for abroad in wages (1), unless he is discharged with such sanction as is certain required by this Act (m), and with the written consent of the 1854, s. master (1), or proves such ill-usage on the part or by authority of the master (1), as to warrant reasonable apprehension of danger to his life if he were to remain on board. (2.) If a seaman (1) on his return to the United Kingdom proves that the master or owner has been guilty of any conduct or default which but for this section would have entitled the seaman to sue for wages before the termination of the voyage or engagement (n), he shall be entitled to recover in addition to his wages (1) such compensation not exceeding twenty pounds as the court (o) hearing the case thinks reasonable (p). 190. for wages 167. (1.) The master (1) of a ship (q) shall, so far as the Remedies case permits, have the same rights, liens, and remedies for of master the recovery of his wages (1) as a seaman (1) has under disbursethis Act (r), or by any law or custom (s). ments, &c. 1854, s. 52 & 53 Vict. c. 46, (2.) The master (1) of a ship (1), and every person law- 191. fully (t) acting as master of a ship (u), by reason of the decease or incapacity from illness of the master of the ship, s. 1. shall, so far as the case permits, have the same rights, liens, and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account (1) Defined, § 742. (m) § 188. (n) As amounting to a complete breach of the engagement. (0) See § 164. (p) He may also claim general damages. The Justitia (1887), 12 P. D. 145. (q) In The Milford (1858), Swabey, 362, Dr. Lushington gave the master of a foreign ship the benefit of this clause. See § 260, note, and The Nina (1865), L. R. 2 P. C. 38. (r) § 164. (8) This gives the master, not the same rights to wages, but the same rights, liens, and remedies for the recovery of wages. He has not, Power of court to rescind contract between owner or of the ship (x) as a master (y) has for the recovery of his wages (2). (3.) If in any Admiralty proceeding in any court having Admiralty jurisdiction touching the claim of a master (y) in respect of wages (y), or of such disbursements, or liabilities. as aforesaid, any right of set-off or counter-claim is set up, the court may enter into and adjudicate upon all questions, and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding (a), and may direct payment of any balance found to be due. Power of Courts to rescind Contracts. 168. Where a proceeding is instituted in or before any court (b) in relation to any dispute between an owner or master (z) of a ship and a seaman (y) or apprentice (c) to the sea service, arising out of or incidental to their relation as master and such, or is instituted for the purpose of this section, the court (b), if, having regard to all the circumstances of the case, they think it just to do so, may rescind any contract Vict. c. 16, between the owner or master (y) and the seaman (y) or seaman or apprentice. 43 & 44 s. 8. (x) It was decided in The Sara (1889), 14 App. C. 209, that under the statute then existing, the master had no maritime lien on the ship for disbursements on account of the ship, the decision to the contrary effect in The Glentanner (1859), Swa. 415; The Mary Ann (1865), L. R. 1 A & E. 8; The Feronia (1868), L. R. 2 A. & E. 65; The Ringdove (1886), 11 P. D. 120, being overruled. In consequence of that decision, the Act of 1889 (52 & 53 Vict. c. 46, s. 1) was passed, the words of which are reproduced in this subsection. In The Castlegate (1893), A. C. 38, it was lien on ship for disbursements, (z) § 167, s. 1. (a) Including accounts between the master as Co-owner, and his coowners:- cf. The City of Mobile (1873), L. R. 4 A. & E. 191, though the master may not include such matters in his claim as a claim to a share of the ship:-the D. Jex (1865), 2 Asp. M. Č. O. S. 263. (b) § 742. The superintendent deciding disputes under § 137 is not a court, and cannot exercise this power. (c) §§ 105-109. apprentice (d), or any contract of apprenticeship (d), upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section. Property of deceased Seamen (e). Property of deceased Property 169.—(1.) If any seaman (ƒ) or apprentice (d) to the sea Seamen. service belonging to a British (g) ship (f) the voyage of. which is to terminate in the United Kingdom, whether of seamen a foreign-going (f) or a home-trade ship (f), dies during who die during that voyage, the master (f) of the ship (f) shall take charge voyage. of any money or effects (f) belonging to the seaman (f) or apprentice (d) which are on board the ship. (2.) The master (f) may, if he think fit, cause any of the effects to be sold by auction at the mast or otherwise by public auction. (3.) The master (f) shall enter in the official log-book (h) the following particulars : (a.) a statement of the amount of the money and a description of the effects (ƒ): (b.) in case of a sale, a description of each article sold, and the sum received for each: (c.) a statement of the sum due to the deceased for wages (f) and of the amount of deductions (if any) to be made from the wages (i). (4.) The entry shall be signed by the master (f) and attested (k) by a mate and some other member of the crew (1). (5.) The said money, effects (f), proceeds of sale of effects, and balance of wages (f), are in this Act referred to as the property of the seaman (ƒ) or apprentice (d). 1854, 8. 194. 170.-(1.) Where a seaman (ƒ) or apprentice (d) dies as Dealing aforesaid (m) and the ship (f) before coming to a port (f) with and account of S.M.S.A. K who die property in the United Kingdom touches and remains for fortyof seamen eight hours at some port (n) elsewhere, the master (n) shall report the case to the British consular officer (o) at such port (n), or if the port (n) is in a British possession (p), to the officer of customs there, and shall give to the officer any information he requires as to the destination of the ship and probable length of the voyage. during voyage. 1854, 8. 195. (2.) That officer may, if he thinks it expedient, require the property (q) to be delivered and paid to him, and shall thereupon give to the master (n) a receipt thereof, and endorse under his hand upon the agreement with the crew (r) such particulars with respect thereto as the Board of Trade require. (3.) The receipt (s) shall be produced by the master (n) to a superintendent (t) within forty-eight hours after his arrival at his port (n) of destination in the United Kingdom. (4.) Where a seaman (n) or apprentice (u) dies as aforesaid (r) and the ship (n) proceeds at once to a port (n) in the United Kingdom without touching and remaining as aforesaid at a port elsewhere, or the consular officer (0) or officer of customs does not require the delivery and payment of the property (q) as aforesaid (s), the master (n) shall, within forty-eight hours after his arrival at his port (n) of destination in the United Kingdom, deliver and pay the property (q) to the superintendent (t) at that port. (5.) In all cases where a seaman (n) or apprentice (u) dies during the progress of a voyage or engagement, the master (n) shall give to the Board of Trade, or to the superintendent (t) or officer to whom delivery and payment is made as aforesaid (y), such account in such form as they respectively require of the property (q) of the deceased (2). (6.) A deduction (a) claimed by the master (n) in such account shall not be allowed unless verified, if an official log-book (b) is required to be kept, by an entry in that book (n) Defined, § 742. (0) Int. Act, 1889, § 12, s. 20. (p) Ibid. § 18, s. 2. (r) § 113. (8) § 170, s. 2. (t) §§ 247, 742. (u) §§ 105-109. (x) § 169, s. 1. (z) Account to be transmitted to (§ 251) Registrar-General; § 256. (a) See note to § 132. (b) § 239. made and attested as required by this Act (c), and also by such other vouchers (if any) as may reasonably be required. by the Board of Trade or by the superintendent (d) or officer to whom the account is given (e). (7.) A superintendent (d) in the United Kingdom shall grant to a master (ƒ), upon due compliance with such provisions of this section as relate to acts to be done at the port (f) of destination (g), a certificate to that effect; and an officer of customs shall not clear inwards a foreigngoing ship (ƒ) without the production of that certificate. for non provisions deceased 171.-(1.) If the master (f) of the ship (f) fails (h) to Penalty comply with the provisions of this Act with respect to complitaking charge of the property of a deceased seaman (m) or a ce with apprentice (i), or to making in the official log-book the as to proproper entries relating thereto (k), or to procuring the perty of proper attestation of those entries as required by this semen. Act (1), or to the payment or delivery of the property (e), 18:4, s. he shall be accountable for the property (m) to the Board of Trade, and shall pay and deliver the same accordingly, and shall in addition for each offence be liable to a fine not exceeding treble the value of the property not accounted for, or if such value is not ascertained not exceeding fifty pounds (n). (2.) If any such property (m) is not duly paid, delivered, or accounted for by the master (f), the owner (0) of the ship (f) shall pay, deliver, and account for the same, and such property (m) shall be recoverable from him accordingly, and if he fails (h) to account for and deliver or pay the same, he shall in addition to his liability for the same be liable to a fine not exceeding treble the value of the property not accounted for, delivered, or paid over, or, if such value be not ascertained, not exceeding fifty pounds (n). 196. |