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Pt. II.

customs in the case of a British possession, and in other cases 173—174. the British consular officer at or near the place, shall claim and take charge of such money and effects, and such money and effects shall be deemed to be property of a deceased seaman or apprentice within the meaning of this Part of this Act (li).

As to the application of this section to British ships on voyages which terminate abroad, see M. S. A. 1906, s. 29.

(a) As to the property of seamen who die abroad beforo the ship leaves the foreign port, Bee M. S. A. 1906, s. 39 (2); as to " effects," cf. ibid. s. 28 (6).

(i) See s. 169, sub-s. (5).

173.—(1.) A chief officer of customs in a British possession Dealing with and a British consular officer may, as he thinks fit, sell any of of the property of a deceased seaman or apprentice delivered to J^en by him or of which he takes charge under this Act, and the pro- officers ceeds of any such sale shall be deemed to form part of the said abroadproperty. C1854- ■■ 1971

(2.) Every such officer shall quarterly, or at such times as the Board of Trade require, remit the property in such manner, and shall render such accounts in respect thereof as the Board of Trade require.

As to the application of this section to British ships on voyages which terminate abroad, see M. S. A. 1906, s. 29.

174.—(1.) Where a seaman or apprentice is lost with the Recovery of ship to which he belongs the Board of Trade may recover the 0vfa^minc' wages due (a) to him from the owner of the ship, in the same lost wit'h'theii court and in the same manner in which seamen's wages are ship, recoverable (b), and shall deal with those wages in the same [I8G2, s 21.] manner as with the wages of other deceased seamen and apprentices under this Act (c).

(2.) In any proceeding for the recovery of the wages, if it is shown by some official return produced out of the custody of the Registrar General of Shipping and Seamen, or by other evidence, that the ship has twelve months or upwards before the institution of the proceeding left a port of departure, she shall, unless it is shown that she has been heard of within twelve months after that departure, be deemed to have been lost with all hands on board, either immediately after the time she was last heard of, or at such later time as the court hearing the case may think probable.

(3.) Any duplicate agreement or list of the crew made out, or statement of a change of the crew delivered, under this Act (d), at the time of the last departure of the ship from the United Kingdom, or a certificate purporting to be a certificate from a consular or other public officer at any port out of the United Kingdom, stating that certain seamen and apprentices were shipped in the ship from the said port (e), shall, if produced out

Pt. II. 175—176. of the custody of the Registrar General of Shipping and Seamen (d), or of the Board of Trade, he, in the absence of proof to the contrary, sufficient proof that the seamen and apprentices therein named as belonging to the ship were on hoard at the time of the loss.

As to application of this section tj British ships on voyages terminating' abroad, see M. S. A. 190G, s. 29.

(«) As to amount of wages due, see s. 158.

(*) See ss. 1G4 et seq., as to mode of recovery of wages.

(c) See ss. 176 <t stq., as to dealing with property of deceased seamen by Board of Trade.

(rf) See s. 115 (3), duplicate agreements, s. 117 change of crew, s. '-'56 transmission of documents to registrar.

(<■) See s. 124, as to engagement of seamen abroad.

Property of 175. If a seaman or apprentice to the sea service dies in the

atahomedriDg United Kingdom, and is at the time of his death entitled to [1854 s.198 1 c'aim from the master or owner of a ship in which he has served any effects or unpaid wages, the master or owner shall pay and deliver or account for such property to the superintendent at the port where the seaman or apprentice was discharged or was to have been discharged, or to the Board of Trade, or as that Board direct.

As to application of this section to British ships on voyages terminating abroad, see M. S. A. 1906, s. 29.

Payment over 176,—(1.) AVhere any property of a deceased seaman or of deceased apprentice comes into the hands of the Board of Trade, or seamen by any agent of that Board, the Board of Trade, after deducting Board of for expenses incurred in respect of that seaman or apprentice or TM' of his property such sum as they think proper to allow, shall,

L ° '"' '-' subject to the provisions of this Act, deal with the residue as follows (a):

(a.) If the property exceeds in value one hundred pounds (&), they shall pay and deliver the residue to the legal personal representative (r) of the deceased:

(b.) If the property do not exceed in value one hundred pounds (4), the Board majr as they thiuk fit either pay or deliver the residue to any claimant who is proved to their satisfaction to be the widow or a child of the deceased, or to be entitled to the personalty of the deceased either under his will (if any) or any statute of distribution or otherwise, or to be a person entitled to take out representation (c), although no such representation has been taken out, and shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or

Pt. II.

(c.) TLey may, if they think fit, require representation to be 177—178. taken out, and pay and deliver the residue to the legal personal representative of the deceased.

(2.) Every person to whom any such residue is so paid or delivered shall apply the same in due course of administration.

As to application of this section to British ships on voyages terminating abroad, see M. S. A. 1906, s. 29.

(a) Deposits of deceased depositors in seamen's savings banks are to be paid and applied in the same manner. See s. 150.

As to moneys of a deceased seaman received by a savings bank under an allotment note, see s. 142 (2).

(i) The limit has been raised from 50J. to 100?., the amount of the corresponding limit in similar provisions of other Acts.

(<•) For definition of these terms, see s. 742.

177.—(1.) Where a deceased seaman or apprentice has left a Dealing with will the Board of Trade may refuse to pay or deliver the above- deceased

(a.) If the will was made on board ship, to any person claim- kavea a will, ing under the will, unless the will is in writing, and is t18ol> 8-200 1 signed or acknowledged by the testator in the presence of, and is attested by, the master or first or only mate of the ship (a), and

(b.) If the will was not made on board ship, to any person claiming under the will, and not being related to the testator by blood or marriage, unless the will is in writing, and is signed or acknowledged by the testator in the presence of, and is attested by, two witnesses, one of whom is a superintendent, or is a minister of religion (b) officiating in the place in which the will is made, or, where there are no such persons, a justice, British consular officer, or an officer of customs (a).

(2.) Whenever the Board of Trade refuse under this section to pay or deliver the residue to a person claiming under a will the residue shall be dealt with as if no will had been made.

(a) Qiuere, whether the provisions of s. 694 as to the proof of attested documents without calling attesting witnesses are applicable to a seaman's will.

The will of a seaman made at sea, so far as concerns the disposal of personal estate, is regulated by the common law, being exempted by s. 11 of the Wills Act, 1837, from the formalities required by that Act. It need not, therefore, be in writing or attested, save as required by the present section.

(i) A change of wording was hereby made which removes any doubt as to the inclusion of other ministers than those of the Established Church.

178.— (1.) A creditor shall not be entitled to claim from the Claims by

mentioned residue;

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Pt. II. 179.

(2.) A creditor shall not be entitled by any means whatever "to obtain payment of his debt out of the property, if the debt accrued more than three years before the death of the deceased, or if the demand is not made within two years after the death.

(3.) The demand shall be made by the creditor delivering to the Board of Trade an account, in writing in a form approved by the Board, stating the particulars of his demand and the place of his abode, and signed by him and verified by a statutory declaration.

(4.) If beforo the demand is made, any claim to the property of the deceased made by any person has been allowed, that Board shall give notice to the creditor of the allowance of the claim.

(5.) If no claim has been allowed, the Board of Trade shall investigate the creditor's account, and may for that purpose require him to prove the same, and to produce all books, accounts, vouchers, and papers relating thereto; and if by means of them the creditor satisfies the Board of Trade of the justice of the demand, either in the whole or in part, the same shall be allowed and paid accordingly, so far as the property then in the hands of the Board of Trade will extend for that purpose, and the Board of Trade shall thereby be discharged from all further liability in respect of money so paid; but if the Board are not satisfied as to the claim, or if such books, accounts, vouchers, or papers as aforesaid are not produced, and sufficient reason is not given for their non-production, the demand shall be disallowed. (6.) In any case whatever the Board of Trade may delay the investigation of any demand made by a creditor for the payment of his debt for one year from the time of the first delivery of the demand; and if in tho course of that time a claim to the property of the deceased is made by any person as widow, next of kin, or legatee, and allowed by the Board of Trade under this Act, the Board of Trade may pay and deliver the same to that person.

(7.) Where the property has been paid and delivered by the Board of Trade to any person as a widow, next of kin, or legatee of the deceased, whether before or after the demand made by the creditor, the creditor shall have the same rights and remedies against that person as if he had received the property as the legal personal representative of the deceased.

As to application of this section ta British ships on voyages terminating abroad, see M. S. A. 1906, a. 29.

For definition of " legal personal representative," see s. 742.

Dealing with unclaimed property of deceased seaman. [1854, s. 202; 45 & 46 Vict. e. 65, *. 4.]

179. Where no claim to the property of a deceased seaman or apprentice received by the Board of Trade is substantiated within six years after the receipt thereof the Board may in their absolute discretion, if any subsequent claim is made, either allow or refuse the claim, and, subject to the allowance of any such

Pt. II.

claim, shall apply such property in manner provided by Part 180—182. Twelve of this Act (relating to the Mercantile Marine Fund) (a).

As to application of this section to British ships on voyages terminating abroad, see M. S. A. 1906, s. 29.

(a) As to application of such property, see s. 676, sub-s. (1) (c), and notes thereto.

180. If any person, for the purpose of obtaining, either for Forgery of himself or for any other person, any property of any deceased documents, seaman or apprentice to the sea service,— purpose of

(a.) forges or fraudulently alters, or assists in forging or property of fraudulently altering, or procures to be forged or deceased fraudulently altered any document purporting to show p^Tf"or assist in showing any right to such property; or *- 'B' '*

(b.) makes use of any document which has been so forged or fraudulently altered as aforesaid; or

(c.) gives or assists in giving, or procures to be given, any false evidence, knowing the same to be false; or

(d.) makes or assists in making, or procures to be made, any false representation, knowing the same to be false; or

(e.) assists in procuring any false evidence or representation to be given or made, knowing the same to be false,—

that person shall for each offence be liable to penal servitude for a term not exceeding five years (a), or to imprisonment for a term not exceeding two years with or without hard labour, or on summary conviction to imprisonment with or without hard labour for any period not exceeding six months.

As to application of this section to British Bhips on voyages terminating abroad, see M. S. A. 1906, s. 29.

(a) The limit was changed from four to five years by the Penal Servitude Act, 1891,s.l.

181. Where a seaman invalided or discharged from any of Property of Her Majesty's ships is sent home in a merchant ship, and dies SjJS^-aJ during the voyage, the provisions of this Act respecting the from Royal property of deceased seamen shall apply (a), with this qualification, Navy.

that the property shall be delivered, paid over, and disposed of [1854, a. 204.] in such manner as the Accountant General of Her Majesty's Navy directs.

As to application of this section to British ships on voyages terminating abroad, see M. S. A. 1906, s. 29.

(a) The section here reproduced assumed, but did not expressly provide, that these provisions should apply to such seamen as are here mentioned.

Reimbursement of Relief to Seamen's Families.

182.—(1.) Whenever, during the absence of any seaman on a Relief to voyage, his wife, or any of his children or step-children, becomes seamen's

'° > J f families to be

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