wise cause a seaman to be wrongfully left behind at any place, either on shore or at sea, in or out of His Majesty's dominions, and if he does so he shall in respect of each offence be guilty of a misdemeanor. For notes on this section, see post, p. 496. Pt. II. 188. or left abroad tion or certificate obtained. [1854, ss. 207, 208.] 188.-(1.) The master of a British ship shall not discharge a Seamen not to seaman or apprentice to the sea service abroad, or leave him behind be discharged abroad, ashore, or at sea, unless he previously obtains, endorsed on unless sancthe agreement with the crew, the sanction, or in the case of leaving behind the certificate(a.) at any place in a British possession of a superintendent (or in the absence of any such superintendent of the chief officer of customs at or near the place); and (b.) at any place elsewhere of the British consular officer 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 where the seaman was shipped. (2.) The certificate shall state in writing the fact and cause of the seaman being left behind whether the cause be unfitness or inability to proceed to sea, desertion, or disappearance. (3.) The person to whom an application is made for a sanction or certificate 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, and may grant or refuse the sanction or certificate as he thinks just. (4.) If a master acts in contravention of this section, he shall be guilty of a misdemeanor, and in any legal proceeding for the offence it shall lie on the master to prove that the sanction or certificate was obtained, or could not be obtained. Sect. 188 is repealed by the M. S. A. 1906, s. 85, Sched. II., and the subject of the repealed section is now dealt with by the following ss. 30, 36 of M. S. A. 1906. 30. (1.) The master of a British ship shall not discharge Sanction a seaman at any place out of the United Kingdom (except at required for a port in the country in which he has shipped), unless he pre- seamen out discharge of viously obtains, endorsed on the agreement with the crew, the of the United sanction of the proper authority as defined for the purpose in Kingdom. this Part of this Act, but that sanction shall not be refused where the seaman is discharged on the termination of his service. (2.) The authority to whom an application is made for sanction under this section may, and, if not a merchant, shall, examine into the grounds on which a seaman is to be discharged at a place out of the United Kingdom, and for that purpose Pt. II. 189. Certificate of proper authority required when seaman is left behind abroad. Accounts and wages in case [1854, ss. 209, may, if he thinks fit, administer oaths, and may grant or refuse the sanction as he thinks just, but such sanction shall not be unreasonably withheld. (3.) If the master of a ship fails to comply with this section, he shall, in respect of each offence, be guilty of a misdemeanor, and in any legal proceeding for the offence it shall lie on the master to prove that the sanction was obtained or could not be obtained or was unreasonably withheld. For notes on this section, see post, p. 486. 36. (1.) The master of a British ship shall not leave a seaman behind at any place out of the United Kingdom, ashore or at sea (except where the seaman is discharged in accordance with the Merchant Shipping Acts), unless he previously obtains, endorsed on the agreement with the crew, the certificate of the proper authority as defined for the purpose in this Part of this Act, stating the cause of the seaman being left behind, whether the cause be unfitness or inability to proceed to sea, desertion, or disappearance or otherwise. (2.) The authority to whom an application is made for a certificate under this section may, and, if not a merchant, shall, examine into the grounds on which a seaman is to be left behind, and for that purpose may, if he thinks fit, administer oaths, and may grant or refuse the certificate as he thinks just, but the certificate shall not be unreasonably withheld. (3.) If the master of a ship fails to comply with this section, he shall (without prejudice to his liability under any other provision of the Merchant Shipping Acts) be guilty in respect of each offence of a misdemeanor, and in any legal proceeding for the offence it shall lie on the master to prove that the certificate was obtained or could not be obtained without unreasonable delay to the ship or was unreasonably withheld. For notes on this section, see post, p. 491. 189.-(1.) Where a master of a British ship leaves a seaman or apprentice on shore abroad, 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, a full and true account of the wages due to the seaman or apprentice, and if the said person is a consular officer shall deliver the account in duplicate. (2.) If a master fails without reasonable cause to deliver the account he shall for each offence be liable to a fine not exceeding ten pounds, and if he delivers a false account he shall for each offence be liable to a fine not exceeding twenty pounds, in addition in each case to the payment of the wages. (3.) The master shall pay the amount of wages due to a seaman or apprentice so left abroad as aforesaid, if he is left in a British possession to the seaman or apprentice himself, and if he is left elsewhere to the British consular officer. (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, but if payment is made by bill (a.) the person signing the certificate shall certify by endorse ment on the bill that the same is drawn for seamen's wages, and shall also endorse on the agreement with the crew, 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, the owner 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, or of any superintendent, be admissible in evidence; and any endorsement on any such bill purporting to be made in pursuance of this section shall also be admissible as evidence of the facts stated in the endorsement. (5.) If a master fails, without reasonable cause, to make such payment of wages as provided by this section, he shall for each offence be liable in addition to the payment of the wages to a fine not exceeding ten pounds. (6.) Where payment is made to a British consular officer, that officer shall, if satisfied with the account, endorse on one of the duplicates thereof a receipt for the payment, and return it to the master, and the master shall deliver the duplicate within forty-eight hours of his return to his port of destination in the United Kingdom to the superintendent at that port. (7.) The British consular officer shall retain the other duplicate of the account, and shall deal with the sum so paid to him in the following manner, namely— (a.) if the seaman or apprentice subsequently obtains employment at or quits the port 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, except such as the owner or master is by this Act required to defray, and shall pay the remainder to the seaman or apprentice, and deliver to him an account of the sums so received and expended on his behalf; (b.) if the seaman or apprentice dies before his ship quits the port, he shall deal with the sum as part of the property of a deceased seaman; and (c.) if the seaman or apprentice is sent home at the public expense 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 or apprentice, except Pt. II. 189. Pt. II. 189. Account of such expenses as the master or owner of the ship is required by this Act to pay, shall be dealt with as wages of the seaman or apprentice. Sect. 189 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. 37, 38, 39, of the M. S. A. 1906: 37.-(1.) Where a master of a British ship leaves a seaman wages in case behind on shore in any place out of the United Kingdom on the ground of his unfitness or inability to proceed to sea, he shall deliver to the person signing the required certificate of the proper authority a full and true account of the wages due to the seaman, and if that person is a consular officer shall deliver the account in duplicate. of seaman left behind on ground of unfitness or inability to proceed to sea. Payment of wages of seaman left behind on ground of unfitness or inability to proceed to sea. (2.) If a master fails without reasonable cause to deliver the account, he shall for each offence be liable on summary conviction to a fine not exceeding ten pounds, and, if he knowingly delivers a false account, he shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds, in addition in each case to the payment of the wages. For notes on this section, see post, p. 491. 38. (1.) The master shall pay the amount of wages due to a seaman left behind on the ground of his unfitness or inability to proceed to sea, if he is left in a British possession to the seaman himself, and if he is left elsewhere to the British consular officer. (2.) Where payment is made to a British consular officer, that officer shall retain one duplicate of the account delivered to him, and, if satisfied with the account, endorse on the other duplicate a receipt for the payment, and return it to the master, and the master shall deliver the duplicate within forty-eight hours of his return to his port of destination, if that port is in the United Kingdom, to the superintendent at that port, and, if that port is not in the United Kingdom, to the proper authority as defined for the purpose of this Part of this Act. (3.) The payment shall be made, whenever it is practicable, in money, and, when not so practicable, by bills drawn on the owner of the ship, but if payment is made by bill (a.) the person signing the required certificate of the proper authority shall certify by endorsement on the bill that the bill is drawn for seamen's wages, and shall also endorse on the agreement with the crew the amount for which the bill is drawn, and such further particulars as the Board of Trade require; (b.) if the bill is drawn by the master, the owner 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 (4.) If a master fails, without reasonable cause, to make such payment of wages as provided by this section, he shall for each offence be liable on summary conviction, in addition to the payment of the wages, to a fine not exceeding ten pounds. For notes on this section, see post, p. 491. Pt. II. 190. consular payments on account of behind. 39. Where the amount of wages due to a seaman left behind Application on the ground of his unfitness or inability to proceed to sea is so by British paid to a British consular officer, that officer shall deal with the officer of sum so paid to him in the following manner, namely:(1.) If the seaman subsequently obtains employment at or wages of quits the port at which the payment has been made, seaman left he shall deduct out of the sum any expenses incurred by him in respect of the maintenance of the seaman under the Merchant Shipping Acts, except such as the owner or master is by the Merchant Shipping Acts required to defray, and shall pay the remainder to the seaman, and deliver to him an account of the sums so received and expended on his behalf; (2.) If the seaman dies before his ship quits the port, he shall deal with the sum as part of the property of a deceased seaman; and (3.) If the seaman is sent to a proper return port at the public expense under the Merchant Shipping Acts, 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, except such expenses as the master or owner of the ship is required by the Merchant Shipping Acts to pay, shall be dealt with as wages of the seaman. For notes on this section, see post, p. 492. Distressed Seamen. Agreements are in force between this and certain foreign countries for the interchange of facilities for relieving distressed seamen, as follows:-Austria-Hungary (26 November, 1880), Denmark (25 July, 1883), France (5 November, 1879), Germany (27 May, 1879), Italy (8 June, 1880), Sweden and Norway (12 July, 1881). See Hertslet, Treaties, vol. 14, pp. 1205, 1213; 15, pp. 78, 219, 364, 904. 190. The Board of Trade may make regulations with respect Regulations to the relief, maintenance, and sending home of seamen and as to relief and apprentices found in distress abroad, and may, by those regulations maintenance (in this Act referred to as the distressed seamen regulations), make such conditions as they think fit with regard to that relief, maintenance, and sending home, and a seaman shall not have any right to seamen. [18 & 19 Vict. c. 91, s. 16; 1862, s. 22.] |