(11.) The proper officer for the purpose of this section shall be (i.) at a port (s) in the United Kingdom, a superinten- (ii.) at a port in a British possession, a superintendent (s), (iii.) at a port elsewhere, the consular officer (s) at the port. (12.) This section shall not apply in the case of an absent seaman (a.) Where the master of the ship satisfies the proper officer (b.) where the amount of wages earned by the seaman (after (d.) where the question of the forfeiture of the wages and (a) "Seaman" in this Part of this Act includes apprentice. See s. 49. () As to the application of this Part of this Act to unregistered British ships, see s. 49 (3) of this Act, and M. S. A. 1894, s. 266. (e) For definition, see Interpretation Act, 1889, s. 18, ante, p. 420. (d) As to official logs, see s. 239 et seq. of M. S. A. 1894. (e) Defined in sub-s. (11) hereof. (ƒ) As to meaning of "voyage," see The Scarsdale, [1906] P. 105, ante, p. 61. (g) As to forms, see M. S. A. 1894, s. 720. (h) For meaning of "effects," see sub-s. 6 of this section, and note (n) infra, and M. S. A. 1894, s. 742. (i) As to amount of wages due in such cases, see M. S. A. 1894, s. 158. (k) As to what amounts to desertion, see note (d) to s. 221 of M. S. A. 1894. As to evidence of desertion, see ibid, s. 231, and note (d) to s. 36, post. Pt. IV. 28. Pt. IV. 29-30. Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom. Sanction required for discharge of seamen out of the United Kingdom. () As to statutory declarations, see Statutory Declarations Act, 1835. (m) Defined in Interpretation Act, 1889, s. 13, ante, p. 419. (n) By M. S. A. 1894, s. 742, "effects" includes clothes and documents; the present section extends the meaning. The term is, of course, not limited to clothes and documents and their proceeds. () As to such proceedings, see M. S. A. 1894, ss. 164-166; and as to forfeiture, ibid. s. 233. (p) As to who are superintendents, see M. S. A. 1894, ss. 247 and 742. (2) As to summary procedure, see M. S. A. 1894, s. 680. () As to punishment of misdemeanors, see M. S. A. 1894, s. 680. (s) For definition of these terms see M. S. A. 1894, s. 742. () As to advances and allotments, see M. S. A. 1894, s. 140 et seq., and for conditions as to deductions from wages, see ibid. s. 133. () As to such legal proceedings, see M. S. A. 1894, s. 233. 29. The provisions of Part II. of the principal Act, relating to the property of deceased seamen, shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer (a) at the port at which the voyage (b) terminates, or if the port is in a British possession (a), the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly. (a) For meaning, see M. S. A. 1891, s. 742, and notes thereon. (b) As to meaning of "voyage," see The Scarsdale, [1906] P. 105, cited ante, p. 61. 30 («).—(1.) The master of a British ship (b) shall not discharge a seaman (c) at any place out of the United Kingdom (except at a port (d) in the country in which he was shipped), unless he previously obtains, endorsed on the agreement (e) with the crew, the sanction of the proper authority as defined for the purpose in this Part of this Act (f), 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 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 (g), 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. (a) This section and s. 36 take the place of s. 188 of M. S. A. 1894. (b) See note (b) of s. 28. (c) "Seaman" includes apprentice. See s. 49 of this Act. (d)" Port" includes place. See M. S. A. 1894, s. 742. (e) As to agreements with crew, see M. S. A. 1894, ss. 113-125. (ƒ) See s. 49. (g) As to punishment of misdemeanors, see M. S. A. 1894, s. 680. Pt. IV. 31-32. abroad. 31. Where the master of a British ship (a) discharges a sea- Certificate of discharge man at any place out of the United Kingdom, he shall give to that seaman a certificate of discharge (b) in a form (c) approved by the Board of Trade, and in the case of any certificated officer whose certificate (d) he has retained, shall return that certificate to him (e). (a) See note (b) of s. 28. (b) As to certificates of discharge for seamen discharged in the United Kingdom, see M. S. A. 1894, s. 128. (c) As to forms, see M. S. A. 1894, s. 720. (d) As to officers' certificates of competency, see M. S. A. 1894, s. 92 et seq. (e) As to loss of certificate being made good by Board of Trade, see M. S. A. 1894, s. 101. termination 32 (a).-(1.) Where the service of a seaman (b) belonging to Repatriation a British ship (c) terminates at a port out of His Majesty's of seamen on dominions otherwise than by the consent of the seaman to be of service at discharged during the currency of the agreement, the master of foreign port. the ship shall, besides giving the certificate of discharge required under this Part of this Act (d), and besides paying the wages to which the seaman is entitled (e), make adequate provision in accordance with this Act for his maintenance and for his return to a proper return port (f), and the proper authority as defined for the purpose in this Part of this Act (g) 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 the proper authority or by any other Pt. IV. 33. Discharge, &c. of seamen on ownership of change of ship at a foreign port. 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 (h). (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. (a) Sects. 31, 32 and 33 take the place of s. 186 of the M. S. A. 1894. (b) "Seaman" here includes apprentice. See s. 49. (c) See note (b) to s. 28. (d) See s. 31 as to certificate of discharge. (e) As to the amount to which he is entitled in such cases, see M. S. A. 1894, s. 158. "Wages" includes emoluments. Ibid. s. 742. (f) As to proper return port, see s. 45. (g) See s. 49 as to proper authority. (h) As to recovery of wages, see M. S. A. 1894, ss. 164-166. (i) "Barratry" is defined by the Marine Insurance Act, 1906, Sched. I. (11), as including every wrongful act wilfully committed by the master or crew to the prejudice of the owner, or, as the case may be, the charterer. 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 (b) 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 (c) as to the certificate of discharge, and the return of the seaman to a proper return port (d), 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. (a) By s. 49" seamen" in this Part of this Act includes apprentices except where the context otherwise requires. (b) See s. 49 for definition of proper authority. (c) See ss. 30-32. (d) See s. 45 as to what is proper return port. 34 (a).—(1.) If the master of, or a seaman (6) belonging to, a ship receives any hurt or injury in the service of the ship (c), or suffers from any illness (not being venereal disease (d) or an illness due to his own wilful act or default (e) or to his own misbehaviour), the expense of providing the necessary surgical and medical advice and attendance and medicine, and also the expenses of the maintenance of the master or seaman until (ƒ) he is cured, or dies, or is returned to a proper return port (g), and of his conveyance to the port, and in the case of death the expense (if any) of his burial, shall be defrayed by the owner of the ship, without any deduction on that account from his wages. (2.) If the master or a seaman is on account of any illness temporarily removed from his ship for the purpose of preventing infection, or otherwise for the convenience of the ship, and subsequently returns to his duty, the expense of the removal and of providing the necessary advice and attendance and medicine, and of his maintenance while away from the ship shall be defrayed in like manner. (3.) The expense of all medicines, surgical and medical advice, and attendance, given to a master or seaman whilst on board his ship shall be defrayed in like manner. (4.) In all other cases any reasonable expenses duly incurred by the owner for any seaman in respect of illness, and also any reasonable expenses duly incurred by the owner in respect of the burial of any seaman who dies whilst on service, shall, if duly proved, be deducted (h) from the wages of the seaman. (a) This section takes the place of s. 207 of M. S. A. 1894. (b) "Seaman" includes apprentice. See s. 49. (c) "Injury in the service of the ship."-These words in the repealed section of M. S. A. 1894, include an illness brought on a seaman while doing his duty in the service of the ship by bad provisions supplied to the crew. The Secretary of the Board of Trade v. Sundholm (1879), 4 Asp. M. L. C. 196; 41 L. T. 469. And where in such a case the expenses of attendance in hospital abroad and of subsistence and passage home have been paid by the Board of Trade, they are not entitled to deduct them from the seaman's wages in their hands. Ibid. Such case is now expressly provided for by the addition of the words relating to illness in the present section. Under the similar words of s. 207 (now repealed) of M. S. A. 1894, to which this section corresponds, it was held that the owner was not liable for charges for medical attendance incurred after the seaman had been brought back to a port in the United Kingdom. Anderson v. Rayner, 72 L. J. K. B. 292; (1903) 1 K. B. 589. In such cases seamen, including pilots, are, after July 1, 1907, also entitled to compensation under the Workmen's Compensation Act, 1906, but so long as the owner of the ship is liable to defray the expenses of maintenance, the weekly payments authorised by this Act are not payable. Ibid. s. 7. (d) A common term for all forms of contagious diseases usually contracted and transmitted by impure sexual intercourse. Quain's Dictionary of Medicine, 1902 ed. (e) As to the meaning of "wilful default," see In re Young and Harston's Contract (1885), 31 C. D. 168. (f) See ss. 32, 41, 45 as to proper return port. (g) Under this section, if the seaman is incurable and incapable of being Pt. IV. 34. Expenses of medical attendance in case of injury or illness. |