Merchant Shipping (Part III. Masters and Seamen.) Mode of recovering Wages. CLXXXIX. No Suit or Proceeding for the Recovery of Restrictions Wages under the Sum of Fifty Pounds shall be instituted by or on Suits for on behalf of any Seaman or Apprentice in any Court of Admi- Wages in Superior ralty or Vice-Admiralty, or in the Court of Session in Scotland, Coarts. or in any Superior Court of Record in Her Majesty's Dominions, unless the Owner of the Ship is adjudged bankrupt or declared insolvent, or unless the Ship is under Arrest or is sold by the Authority of any such Court as aforesaid, or unless any Justices acting under the Authority of this Act refer the Case to be adjudged by such Court, or unless neither the Owner nor Master is or resides within Twenty Miles of the Place where the Seaman or Apprentice is discharged or put ashore. in Cases of Life. CXC. No Seaman who is engaged for a Voyage or Engage- No Seaman to ment which is to terminate in the United Kingdom shall be sue for Wages entitled to sue in any Court abroad for Wages, unless he is abroad, except discharged with such Sanction as herein required and with the Discharge or written Consent of the Master, or proves such ill-usage on the of Danger to Part of the Master or by his Authority as to warrant reasonable Apprehension of Danger to the Life of such Seaman if he were to remain on board; but if any Seaman on his Return to the United Kingdom proves that the Master or Owner has been guilty of any Conduct or Default which but for this Enactment would have entitled the Seaman to sue for Wages before the Termination of the Voyage or Engagement, he shall be entitled to recover in addition to his Wages such Compensation not exceeding Twenty Pounds as the Court hearing the Case thinks reasonable, Remedies for CXCI. Every Master of a Ship shall, so far as the Case per- Master to mits, have the same Rights, Liens, and Remedies for the have same Recovery of his Wages which by this Act or by any Law or Wages as Custom any Seaman, not being a Master, has for the Recovery Seamen. of his Wages; and if in any Proceeding in any Court of Admiralty or Vice-Admiralty touching the Claim of a Master to Wages any Right of Set-off or Counter-claim is set up, it shall be lawful for such Court to enter into and adjudicate upon all Questions and to settle all Accounts then arising or outstanding and unsettled between the Parties to the Proceeding, and to direct Payment of any Balance which is found to be due. Relief to Seamen's Families out of Poor Rates. Relief to Seamen's Families out of Poor Rates. able on a cer CXCII. Whenever during the Absence of any Seaman on a Relief to SeaVoyage his Wife, Children, and Step-children, or any of them, men's Families become or becomes chargeable to any Union or Parish in the to be charge United Kingdom, such Union or Parish shall be entitled to be tain Proporreimbursed out of the Wages of such Seaman earned during tion of their such Voyage any Sums properly expended during his Absence Wages. Notice to be given to Owner, and Charge to be enforced on the Return of the Seaman. Merchant Shipping (Part III. Masters and Seamen.) in the Maintenance of his said Relations, or any of them, so that such Sums do not exceed the following Proportions of his said Wages; (that is to say,) (1.) If only One of such Relations is chargeable, One Half of such Wages: (2.) If Two or more of such Relations are chargeable, Two Thirds of such Wages: But if during the Absence of the Seaman any Sums have been paid by the Owner to or on behalf of any such Relation as aforesaid, under an Allotment Note given by the Seaman in his, her, or their Favour, any such Claim for Reimbursement as aforesaid shall be limited to the Excess (if any) of the Proportion of the Wages herein-before mentioned over the Sums so paid. CXCIII. For the Purpose of obtaining such Reimbursemen as aforesaid, the Guardians of the Union or Parish, where the Relief of the Poor is administered by Guardians, and the Overseers of the Poor of any other Parish in England, and the Guardians or other Persons having the Authority of Guardians in any Union in Ireland, and the Inspector of the Poor in 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 the Claim, and requiring the Owner to retain such Proportion in his Hands for a Period 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 such Owner immediately on such Return to give to such Guardians, Overseers, Persons, or Inspector Notice in Writing of such Return; and such Owner, after receiving such Notice as aforesaid, shall be bound to retain the said Proportion of Wages, and to give Notice of the Seaman's Return accordingly, and shall likewise give to the Seaman Notice of the intended Claim; and the said Guardians, Overseers, Persons, or Inspector may upon the Seaman's Return apply in a summary Way in England or Ireland to any Two Justices having Jurisdiction in such Union or Parish as aforesaid, and in Scotland to the Sheriff of the County, for an Order for such Reimbursement as aforesaid; and such Justices or Sheriff may hear the Case, and may make an Order for such Reimbursement to the whole Extent aforesaid, or to such lesser Amount as they or he may under the Circumstances think fit; and the Owner shall pay to such Guardians, Overseers, Persons, or Inspector, out of the Seaman's Wages, the Amount so ordered to be paid by way of Reimbursement, and shall pay the Remainder of the said Wages to the Seaman; and if no such Order as aforesaid is obtained within the Period mentioned in the Merchant Shipping (Part III. Masters and Seamen.) the Notice so to be given to the Owner as aforesaid, the Proportion of Wages so to be retained by him as aforesaid shall immediately on the Expiration of such Period, and without Deduction, be payable to the Seaman. Wages and Effects of deceased Seamen. Relief to Seamen's Families out of Poor Rates. Wages and Effects of deceased Seamen. of deceased CXCIV. Whenever any Seamau or Apprentice belonging to Masters to or sent home in any British Ship, whether a Foreign-going Ship take charge of or a Home Trade Ship, employed on a Voyage which is to ter- or sell Effects minate in the United Kingdom, dies during such Voyage, the Seamen which Master shall take charge of all Money, Clothes, and Effects are on board, which he leaves on board, and shall, if he thinks fit, cause all or any of the said Clothes and Effects to be sold by Auction at Wages due in the Mast or other Public Auction, and shall thereupon sign an the official Log. Entry in the official Log Book containing the following Particulars; (that is to say,) (1.) A Statement of the Amount of the Money and a Description of the Effects so left by the Deceased: (2.) In case of a Sale, a Description of each Article sold, and the Sum received for each: (3.) A Statement of the Sum due to the Deceased as Wages, and the total Amount of the Deductions (if any) to be made therefrom: And shall cause such Entry to be attested by a Mate and by One of the Crew. and enter the same and CXCV. In the Cases provided for by the last preceding Sec- Such Effects tion, the following Rules shall be observed; (that is to say,) and Wages to be paid either to Consul or full Accounts. (1.) If the Ship proceeds at once to any Port in the United to Shipping Kingdom without touching on the Way at any Foreign Master, with Port, the Master shall within Forty-eight Hours after his Arrival deliver any such Effects as aforesaid remaining unsold, and pay any Money which he has taken charge of or received from such Sale as aforesaid, and also the Balance of Wages due to the Deceased, to the Shipping Master at the Port of Destination in the United Kingdom : (2.) If the Ship touches and remains for Forty-eight Hours at some Foreign Port or at some Port in Her Majesty's Dominions abroad before coming to any Port in the United Kingdom, the Master shall report the Case to the British Consular Officer or Officer of Customs there, as Wages aud Penalties for not taking charge of, remitting, or accounting for such Monies and Effects. Merchant Shipping (Part III. Masters and Seamen.) as the Case may be, and shall give to such Officer any Information he requires as to the Destination of the Ship and probable Length of the Voyage; and such Officer may thereupon, if he considers it expedient so to do, require the said Effects, Money, and Wages to be delivered and paid to him and shall upon such Delivery and Payment give to the Master a Receipt, and the Master shall within Forty-eight Hours after his Arrival at his Port of Destination in the United Kingdom produce the same to the Shipping Master there; and such Consular Officer or Officer of Customs shall in such Case indorse and certify upon the Agreement with the Crew such Particulars with respect to such Delivery and Payment as the Board of Trade requires : (3.) If such Officer as aforesaid does not require such Payment and Delivery to be made to him, the Master shall take charge of the said Effects, Money, and Wages, and shall within Forty-eight Hours after his Arrival at his Port of Destination in the United Kingdom deliver and pay the same to the Shipping Master there: (4.) The Master shall in all Cases in which any Seaman or Apprentice dies during the Progress of a Voyage or Engagement give to the Board of Trade, or to such Officer or Shipping Master as aforesaid, an Account in such Form as they respectively require of the Effects, Money, and Wages so to be delivered and paid ; and no Deductions claimed in such Account shall be allowed unless verified, if there is any official Log Book, by such Entry therein as herein-before required, and also by such other Vouchers (if any) as may be reasonably required by the Board of Trade, or by the Officer or Shipping Master to whom the Account is rendered : (5.) Upon due Compliance with such of the Provisions of this Section as relate to Acts to be done at the Port of Destination in the United Kingdom, the Shipping Master shall grant to the Master a Certificate to that Effect, and no Officer of Customs shall clear inwards any Foreigngoing Ship without the Production of such Certificate. CXCVI. If any Master fails to take such Charge of the Money or other Effects of a Seaman or Apprentice dying during a Voyage, or to make such Entries in respect thereof, or to procure such Attestation to such Entries or to make such Payment or Delivery of any Money, Wages, or Effects of any Seaman or Apprentice dying during a Voyage, or to give such Account in respect thereof as herein-before respectively directed, he shall be Merchant Shipping (Part III. Masters and Seamen.) be accountable for the Money, Wages, and Effects of the Seaman or Apprentice to the Board of Trade, and shall pay and deliver the same accordingly'; and such Master shall in addition for every such Offence incur a Penalty not exceeding treble the Value of the Money or Effects not accounted for, or, if such Value is not ascertained, not exceeding Fifty Pounds; and if any such Money, Wages, or Effects are not duly paid, delivered, or accounted for by the Master, the Owner of the Ship shall pay, deliver, and account for the same, and such Money and Wages and the Value of such Eflects shall be recoverable from him accordingly; and if he fails to account for and pay the same, he shall, in addition to his Liability for the said Money and Value, incur the same Penalty which is herein-before mentioned as incurred by the Master for the like Offence; and all Money, Wages, and Effects of any Seaman or Apprentice dying during a Voyage shall be recoverable in the same Courts and by the same Modes of proceeding by which Seamen are hereby enabled to recover Wages due to them. Wages and Consuls to abroad, and to Board of CXCVII. If any such Seaman or Apprentice as last aforesaid Officers of dies abroad at any Place either in or out of Her Majesty's Customs and Dominions leaving any Money or Effects not on board his Ship, take charge the chief Officer of Customs or the British Consular Officer at of Effects left or nearest to the Place, as the Case may be, shall claim and by Seamen take charge of such Money and Effects; and such Officer shall, remit the same if he thinks fit, sell all or any of such Effects, or any Effects of and their any deceased Seaman or Apprentice delivered to him under the Wages to Provisions herein before contained; and every such Officer shall, Trade. quarterly or at such other Times as the Board of Trade directs, remit to Her Majesty's Paymaster General all Monies belonging to or arising from the Sale of the Effects of or paid as the Wages of any deceased Seamen or apprentices which have come to his Hands under the Provisions herein-before contained, and shall render such Accounts in respect thereof as the Board of Trade requires. CXCVIII. Whenever any Seaman or Apprentice dies in the Wages and United Kingdom, and is at the Time of his Death entitled to Effects of Sea. claim from the Master or Owner of any Ship in which he has home to be men dying at served any unpaid Wages or Effects, such Master or Owner paid in certain. shall pay and deliver or account for the same to the Shipping Cases to Board Master at the Port where the Seaman or Apprentice was discharged or was to have been discharged, or to the Trade, or as it directs. Board of of Trade. CXCIX. If the Money and Effects of any deceased Seaman If less than or Apprentice paid, delivered, or remitted to the Board of Trade 501. Wages or its Agents, including the monies received for any Part of the and Property said Effects which have been sold either before Delivery to the Seamen may Board of deceased |