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183. chargeable to any union or parish in the United Kingdom, that changeable on uni°n or parish shall be entitled to be reimbursed, out of the a certain pro- wages of the seaman earned during the voyage, any sums portion of properly expended during his absence in the maintenance of "r wa?e8' those members of his family or any of them, so that the sums L o i »• -J ,]0 no|. excee(j the following proportions of his wages (a); (that is to say,)
(a.) if only one of those members is chargeable, one half of
the wages: (b.) if two or more of those members are chargeable, two
thirds of the wages.
(2.) If during the absence of the seaman any sums have been paid by the owner of his ship to or on behalf of any such member as aforesaid, under an allotment note made by the seaman in favour of the member (a), any claim for reimbursement as aforesaid shall be limited to the excess (if any) of the proportion of the wages hereinbefore mentioned over the sums so paid.
(d) As to claims on behalf of any union or parish or by persons under an allotment note on wages of seamen left abroad, see M. S. A. 1906, a. 28, sub-s. (8).
Notice to 183.—(1.) For the purpose of obtaining such reimbursement
owner, and ag aforesaid, the board of guardians (a) in a poor law union (a) in of chargeTM England or Ireland, and the inspector of the poor in any parish [1854, s. 193.] m Scotland, may give to the owner of the ship in which the seaman is serving a notice in writing stating the proportion of the seaman's wages upon which it is intended to make a claim, and requiring the owner to retain such proportion in his hands for a peiiod to be therein mentioned, not exceeding twenty-one days from the time of the seaman's return to his port of discharge, and also requiring the owner immediately on the seaman's return to give notice in writing thereof to the board or inspector.
(2.) The owner, after receiving any such notice, shall retain the said proportion of wages, and give notice of the seaman's return accordingly, and shall likewise give to the seaman notice of the intended claim.
(3.) The board or inspector may, upon the seaman's return, apply to a court of summary jurisdiction having jurisdiction in the union or parish for an order for reimbursement; and that court may make a summary order for the reimbursement to the whole extent claimed, or to such lesser amount as the court, under the circumstances, think fit; and the owner shall pay to the board or inspector out of the seaman's wages the amount so ordered to be paid by way of reimbursement, and shall pay the residue of the wages to the seaman.
(4.) If no order for reimbursement is obtained within the Pt. II.
period mentioned in the notice given to the owner as aforesaid, 184—185.
the proportion of wages to be retained by him shall immediately
on the expiration of that period and without deduction be payable to the seaman.
Cf. 89. 131—139 as to mode and time of payment of wages.
(a) For definitions see the Interpretation Act, 1889, s. 16, post, p. 419.
184.—(I.) If any person being a native of any country in Penalty on Asia or Africa, or of any island in the South Sea or the Pacific masters of Ocean, or of any other country not having a consular officer (a) £erta,meavln8r in the United Kingdom, is brought to the United Kingdom in seamen in a ship, British or foreign, as a seaman, and is left in the United distress in Kingdom, and within six months of his being so left becomes Kingdom chargeable upon the poor rate, or commits any act by reason j-17 & ig vict whereof he is liable to be convicted as an idle and disorderly c. 120, s. 16.] person, or any other act of vagrancy, the master or owner of the ship, or in case of a foreign ship the person who is consignee of the ship at the time of the seaman being so left as aforesaid, shall be liable to a fine not exceeding thirty pounds, unless he can show that the person left as aforesaid quitted the ship without the consent of the master, or that the master, owner, or consignee, has afforded him due means of returning to his native country, or to the country in which he was shipped.
(2.) The court inflicting the fine may order the whole or any part of the fine to be applied towards the relief or sending home of the person left. («) For definition Bee s. 742.
185.—(1.) It shall be the duty of the Secretary of State in Relief of Council of India to take charge of and send home or otherwise destitute provide for all lascars or other natives of India who are found r^^'a y. destitute in the United Kingdom (a). 91 „ 22
(2.) If any such destitute person is relieved and maintained 4 Geo. 4, by a board of guardians in a poor law union in England or 80> s- 340 Ireland, or by the inspector of the poor in any parish in Scotland, the board or inspector may give notice thereof in writing to the Secretary of State in Council of India specifying, so far as is practicable, the following particulars; namely—
(a.) the name of the person relieved or maintained; and
(c.) the name of the ship in which he was brought to the
United Kingdom; and (d.) the port abroad from which the ship sailed, and the port
in the United Kingdom at which the ship arrived
when he was so Drought to the United Kingdom, and the time of the arrival.
(3.) The Secretary of State in Council of India shall repay to the hoard of guardians or inspector (b) out of the revenues of India all moneys duly expended by them or him in relieving or maintaining the destitute person after the time at which the notice is given, and any moneys so paid or otherwise paid by the 6aid Secretary of State, on account of the relief or maintenance or passage home of the destitute person, shall be a joint and several debt due to the said Secretary of State from the master and owner of the ship by which the destitute person was brought to the United Kingdom (c).
(4.) This section shall apply only to such lascars or other natives of India as have been brought to the United Kingdom either as seamen, or for employment as seamen, or for employment by the owner of the ship bringing them.
(«) This provision appears practically to supersede s. 31 of 4 Geo. 4, c. 80, which empowers justices to order the shipment to his home of any lascar, &c. convicted before them of any act of vagrancy.
(4) I.e., inspector of the poor in Scotland. See s. 183, sub-s. (1).
(e) As to agreements with lascar seaman, see s. 125.
Discharge of seamen in foreign countries. [1854, s. 205.]
Lea ring Seamen Abroad.
186.—(1.) In the following cases, namely—
(a.) Where a British ship is transferred or disposed of at any port oat of Her Majesty's dominions, and a seaman or apprentice belonging thereto does not in the presence of some British consular officer, or, if there is no such officer there, in the presence of one or more respectable British merchants residing at the port and not interested in the ship, signify his consent in writing to complete the voyage if continued, and (b.) where the service of any seaman or apprentice belonging to
any British ship terminates at any port out of Her
the master shall give to that seaman or apprentice a certificate of discharge in a form approved by the Board of Trade, and in the case of any certificated officer whose certificate he has retained shall return such ccrfijicate to him.
(2.) The master shall also besides paying the wages to which the seaman or apprentice is entitled, cither—
(a.) provide him with adequate employment on board some other British ship bound to the port in Her Majesty's dominions at which he teas originally shipped, or to a port in the United Kingdom agreed to by the seaman, or
(b.) furnish the means of sending him bark to some such port, or
(c.) provide him with a passage home, or
(d.) deposit with the consular officer or merchants as aforesaid such 186. 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 or merchants shall indorse upon the agreement with the crew of the ship which the seaman or apprentice is leaving the particulars of any payment, provision, or deposit made under this section.
(4.) If the master fails, without reasonable cause, to comply with any requirement of this section, the expenses of maintenance or passage home—
(a.) if defrayed by the seaman or apprentice shall be recoverable as wages due to him; and
(b.) if defrayed by the consular officer or by any other person shall (unless the seaman or apprentice has been guilty of barratry) be a charge upon the ship to which the seaman or apprentice belonged and upon the owner for the time being thereof and may be recovered against the owner, with costs, at the suit of the consular officer or other person defraying the expenses, or, in case they have been allowed to him out of public money, as a debt to the Crown, either by ordinary process of law, or in the manner in which wages can be recovered under this Act.
Sect. 186 is repealed by the M. S. A. 1906, s. 85, Sched. II., and the subject of the repealed section is now dealt with by the following ss. 31, 32 and 33 of the M. S. A. 1906 :—
31. Where the master of a British ship discharges a seaman Certificate of at any place out of the United Kingdom, he shall give to that ^h^e seaman a certificate of discharge in a form approved by the
Board of Trade, and, in the case of any certificated officer whose certificate he has retained, shall return that certificate to him. For notes on this section, see post, p. 487.
32. —(1.) Where the service of a seaman belonging to a Repatriation British ship terminates at a port out of His Majesty's dominions °grn^TM^°n otherwise than by the consent of the seaman to be discharged 0f gervjce at during the currency of the agreement, the master of the ship foreign port, shall, besides giving the certificate of discharge required under
this part of this Act, and besides paying the wages to which the seaman is entitled, make adequate provision in accordance with this Act for his maintenance and for his return to a proper return port, and the proper authority as defined for the purpose in this Part of this Act shall endorse upon the agreement with the crew of the ship which the seaman is leaving the particulars of any provision so made.
(2.) If the master fails, without reasonable cause, to comply with this section, the expenses of maintenance and of the journey to the proper return port—
(a.) if defrayed by the seaman, shall be recoverable as wages due to him; and
(b.) if defrayed by tbe proper authority or by any other person, shall (unless the seaman has been guilty of barratry) be a charge upon the ship to which the seaman belonged, and may also be recovered against the person who is the owner of the ship for the time being, or, where the ship has been lost, against the person who was the owner of the ship at the time of the loss, or, where the ship has been transferred to some person not being a British subject, either against the owner for the time being or against the person who was the owner of the ship at the time of the transfer, at the suit of the proper authority or other person defraying the expenses, or, in case they have been allowed to the authority or person out of public money, as a debt to the Crown, either by ordinary process of law or in the court and in the manner in which wages may be recovered by seamen. (3.) This section shall not apply in the case of a foreign seaman who has been shipped at a port out of the United Kingdom and discharged at a port out of the United Kingdom. For notes on this section, see^oi*, p. 488.
33.—(1.) Where a British ship is transferred or disposed of at any port out of His Majesty's dominions, any seaman belonging to that ship shall be discharged unless the seaman consents in writing in the presence of the proper authority as defined for the purpose in this Part of this Act to complete the voyage of the ship if continued.
(2.) Where a seaman is so discharged the provisions of this Part of this Act as to the certificate of discharge, and the return of the seaman to a proper return port, shall apply as if the service of the seaman had terminated otherwise than by the consent of the seaman to be discharged during the currency of the agreement, and shall apply to foreign seamen whether they have been shipped at a port in the United Kingdom or not.
For notes on this section, see post, p. 488.
187- The master of, or any other person belonging to, a British ship, shall not wrongfully force on shore and leave behind, or otherwise wilfully and wrongfully leave behind, in any place on shore or at sea, in or out of Her Majesty's dominions, a seaman or apprentice to the sea service before the completion of the voyage [1854, s. 206.] for which ]ie tcas 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.
Sect. 187 is repealed by the M. S. A. 1906, s. 85, Sched. II., and the following s. 43 of that Act now deals with the subject of the repealed section.
43. A person belonging to a British ship shall not wrongfully force a seaman on shore and leave him behind or other
Discharge, &o. of seamen on change of ownership of ship at a foreign port.
Penalty for forcing seamen on shore or leaving them behind.