Усо 1897 bawa ran Steel Young Yeo on appeal. to the port at wheil he was (a.) provide him with adequate employment on board some other British (z) ship (a) bound to the port (a) in Her Majesty's dominions at which he was originally was a tithe te shipped, or to a port (a) in the United Kingdom agreed shippert a part to what to by the seaman (a); or (b.) furnish the means of sending him back to some such port (a); or (c.) provide him with a passage home; or (d.) deposit with the consular officer (b) or merchants as aforesaid (c) such a sum of money as is by the officer or merchants deemed sufficient to defray the expenses of his maintenance and passage home. (3.) The consular officer (b) or merchants shall endorse upon the agreement with the crew (d) of the ship which the seaman (a) or apprentice (e) is leaving the particulars of any payment, provision, or deposit made under this section. (4.) If the master (a) fails (f), without reasonable cause, to comply with any requirement of this section, the expenses of maintenance or passage home, (a.) if defrayed by the seaman (a) or apprentice (e) shall (z) See note to § 1. (a) Defined, § 742. (b) Int. Act, 1889, § 12, s. 20. (d) § 113. (e) §§ 105-109. (ƒ) Includes refusal; § 742. (g) §§ 164-166. (h) Barratry is any wilful act of wrong done by the seamen against the ship or the cargo, though with the intent of benefiting the shipowner. See Scrutton on Charterparties, article 88. 187. The master (i) of, or any other person belonging to, Penalty for forcing a British (k) ship (i), shall not wrongfully force on shore seamen on and leave behind, or otherwise wilfully and wrongfully leave shore or leaving behind, in any place on shore or at sea, in or out of Her them Majesty's dominions, a seaman (i) or apprentice (1) to the behind. sea service before the completion of the voyage for which he 206. was engaged or before the return of the ship to the United Kingdom, and if he does so, he shall in respect of each offence be guilty of a misdemeanor (m). 1854, s. not to be 188.—(1.) The master (i) of a British (k) ship (i) shall Seamen not discharge a seaman (i) or apprentice (1) to the sea disservice abroad, or leave him behind abroad, ashore, or at charged or sea, unless he previously obtains, endorsed on the agree- unless ment with the crew (n), the sanction, or in the case leaving behind, the certificate left abroad of sanction or certificate obtained. 207, 208. (a.) at any place in a British possession (o) of a 1854, ss. superintendent (p) (or in the absence of any such superintendent (p) of the chief officer of customs at or near the place); and (b.) at any place elsewhere of the British consular officer (q) for the place, or, in the absence of any such officer, of two merchants resident at or near the place, or, if there is only one merchant so resident, of that merchant, but nothing in this section shall require such sanction where the discharge is in the British possession (0) where the seaman (i) was shipped. (2.) The certificate (r) shall state in writing the fact and cause of the seaman (i) being left behind whether the cause be unfitness or inability to proceed to sea, desertion (s), or disappearance. (3.) The person to whom an application is made for a Accounts and pay ment of case of seamen left abroad. sanction (t) or a certificate (t) under this section may, and, if not a merchant, shall, examine into the grounds on which a seaman or apprentice is to be discharged or left abroad, and for that purpose may, if he thinks fit, administer oaths (u), and may grant or refuse the sanction or certificate as he thinks just. (4.) If a master (x) acts in contravention of this section, he shall be guilty of a misdemeanor (y), and in any legal proceeding for the offence it shall lie on the master (x) to prove that the sanction (t) or certificate (t) was obtained, or could not be obtained. 189.-(1.) (z) Where a master (r) of a British (a) ship (x) leaves a seaman (r) or apprentice (b) on shore abroad, wages in whether within or without Her Majesty's dominions, on the ground of his unfitness or inability to proceed on the voyage, he shall deliver to the person signing the certificate above-mentioned (t), a full and true account of the 1862, s. 19. Wages (r) due to the seaman (r) or apprentice (b), and if the said person is a consular officer (c) shall deliver the account in duplicate. 1854, ss. 209, 210. (2.) If a master (r) fails (d) without reasonable cause to deliver the account he shall for each offence be liable to a fine not exceeding ten pounds (e), and if he delivers a false account he shall for each offence be liable to a fine not exceeding twenty pounds (e), in addition in each case to the payment of the wages (x). (3.) The master (r) shall pay the amount of wages (x) due to a seaman (r) or apprentice (b) so left abroad as aforesaid (f), if he is left in a British possession (g) to the seaman (r) or apprentice (b) himself, and if he is left elsewhere to the British consular officer (c). (t) § 188, s. 1. (u) Int. Act, 1889, § 3. (x) Defined, § 742. (y) §§ 680–684; fines how applicable, §§ 699, 716. (2) A master unable to proceed through illness is entitled to the remedies of § 167, in spite of this section, and to his wages at once. The Rajah of Cochin (1859), Swabey, 473. (a) Note to § 1. (b) §§ 105-109. (e) Int. Act, 1889, § 12, s. 20. (d) Includes refusal; § 742. (e) How recovered, §§ 680–684; how applicable, §§ 699, 716. (f) Sub-s. 1. (g) Int. Act, 1889, § 18, s. 2. (4.) The payment shall be made, whenever it is practicable, in money, and, when not so practicable, by bill drawn on the owner of the ship (i), but if payment is made by bill (a.) the person signing the certificate (k) shall certify by endorsement on the bill that the same is drawn for seamen's wages (i), and shall also endorse on the agreement with the crew (1) the amount for which the bill is drawn, and such further particulars as the Board of Trade requires; (b.) if the bill is drawn by the master (i), the owner (m) of the ship shall be liable to pay the amount to the holder or endorsee thereof; and it shall not be necessary in any proceeding against the owner upon the bill to prove that the master had authority to draw it; (c.) a bill purporting to be drawn and endorsed under this section, shall if produced out of the custody of the Board of Trade or of the Registrar-General of Shipping and Seamen (n), or of any superintendent (0), be admissible in evidence; and any endorsement on any such bill purporting to be made in pursuance of this section (p) shall also be admissible as evidence of the facts stated in the endorsement. (5.) If a master (i) fails (q), without reasonable cause, to make such payment of wages (i) as provided by this section, he shall for each offence be liable in addition to the payment of the wages (i) to a fine not exceeding ten pounds (r). (6.) Where payment is made to a British consular officer (s), that officer shall, if satisfied with the account (t), endorse on one of the duplicates (t) thereof a receipt for the payment, and return it to the master (i), and the master (i) shall deliver the duplicate (t) within forty-eight (i) Defined § 742. (k) § 188, s. 1. (1) § 113. (m) Note to § 58. (n) § 251. (o) §§ 247, 742. S.M.S.A. (p) Sub-s. 4 (a.), supra. (9) Includes refusal; § 742. how applicable, §§ 699, 716. (8) Int. Act, 1889, § 12, s. 20. L Distressed Seamen. tions as to hours of his return to his port (u) of destination in the United Kingdom to the superintendent (x) at that port. (7.) The British consular officer (y) shall retain the other duplicate (2) of the account (z), and shall deal with the sum so paid to him in the following manner, namely— (a.) if the seaman (u) or apprentice (a) subsequently obtains employment at or quits the port (u) at which the payment has been made, he shall deduct out of the sum any expenses incurred by him in respect of the maintenance of the seaman or apprentice under this Act (b), except such as the owner or master is by this Act required to defray (c), and shall pay the remainder to the seaman (u) or apprentice (a), and deliver to him an account of the sums so received and expended on his behalf; (b.) if the seaman (") or apprentice (a) dies before his ship (u) quits the port (u), he shall deal with the sum as part of the property of a deceased seaman (d); and (c.) if the seaman (u) or apprentice (a) is sent home at the public expense (e) under this Act, he shall account for the sum to the Board of Trade; and the sum, after deducting any expenses duly incurred in respect of the seaman (u) or apprentice (a), except such expenses as the master (a) or owner (ƒ) of the ship is required by this Act to pay (c), shall be dealt with as wages (u) of the seaman or apprentice (a). Distressed Seamen (g). 190. The Board of Trade may make regulations with Regula respect to the relief, maintenance, and sending home of relief and seamen (u) and apprentices (a) found in distress abroad, mainte- and may, by those regulations (in this Act referred to as distressed the distressed seamen regulations) make such conditions as they think fit with regard to that relief, maintenance, nance of seamen. 18 & 19 Vict. c. 91, 8. 16. 1862, s. 22. (u) Defined, § 742. (~) §§ 247, 742. (y) Int. Act, 1889, § 12, s. 20. (z) Sub.-8. 1, supra. (a) §§ 105-109. (b) § 191. (c) §§ 186, 193. (d) §§ 169-180. (f) Note to § 58. (g) For application of this part, see Preliminary Note to this Part, and §§ 260-263. |