DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0357
A.D. 1850.]
ACT XXVIII.
347
or to establish his claim by other evidence, according to the nature of
the case.
IV. No seaman shipped under this Act shall, by reason of any agree-
ment, forfeit his lien upon the ship, or be deprived of any remedy for the
recovery of his wages to which he would otherwise be entitled, against any
person or persons whatever; and no agreement contrary to or inconsistent
with this Act, nor any clause, contract, or engagement, whereby any sea-
man shall consent or promise to forego, or give up, any right or claim to
wages in the case of freight earned by a ship afterwards lost, or any right
or claim to salvage or reward for salvage services, or such share of salvage
or reward for salvage services as may be due to him by decree or award,
or otherwise, shall be binding on such seaman.
V. The wages of any seaman engaged to serve on any vessel under this
Act shall be calculated by the calendar month.
VI. If any seaman serving under the provisions of this Act shall, by a
writing according to a form set forth in Schedule (B), annexed to this
Act, or such other form as shall be from time to time approved by the
Governor-General of India in Council, attested by the signature of the
registrar or his assistant, and by the signature of the master of the vessel
on which he is engaged to serve, and in which writing the purpose shall
be stated, authorize the said registrar to receive monthly from the owner
of the said vessel or his agent, any part of his wages, not exceeding
one-third thereof, for the time for which he shall not have received any
advance, for the purpose of maintaining his family during his absence,
the said owner or his agent shall, on demand of the said registrar, pay
such sum to him, to be applied as aforesaid, without requiring any
proof from the said registrar that the said seaman is still on board the said
vessel.
VII. All such payments, whether by the owner, his agent, or by the
registrar, shall cease from and after the production of a certificate from
the master of the vessel of the death, desertion, or discharge of the said
seaman, or on reasonable evidence that the vessel has been lost; but no
payment actually made by the registrar to the party appointed by the said
seaman shall be reclaimable by reason of his death, desertion, or discharge,
or of the loss of the vessel.
VIII. All such receipts and payments shall be entered in a booh, and
all entries in the said book shall be authenticated by the registrar under
his signature, or the signature of his assistant; and the said book shall be
at all times open to the inspection of the parties concerned.
IX. At the time of witnessing the execution of the agreement for
service, the registrar shall explain to the seamen, parties thereunto, the
conditions on which they can allot a part of their pay to their families
during their service; and it shall be the duty of the registrar to see that
all seamen leaving the port have the option of allotting part of their pay
as aforesaid. ,
2 Y 2
/
Seamen may autho-
rize registrar to receive
certain portions of their
wages for the use of
Account of such
to be kept by regis!
trar.
Registrar to inform
seamen of the mode in
which they can ailot
portions of their pay to
their famiiies.
ACT XXVIII.
347
or to establish his claim by other evidence, according to the nature of
the case.
IV. No seaman shipped under this Act shall, by reason of any agree-
ment, forfeit his lien upon the ship, or be deprived of any remedy for the
recovery of his wages to which he would otherwise be entitled, against any
person or persons whatever; and no agreement contrary to or inconsistent
with this Act, nor any clause, contract, or engagement, whereby any sea-
man shall consent or promise to forego, or give up, any right or claim to
wages in the case of freight earned by a ship afterwards lost, or any right
or claim to salvage or reward for salvage services, or such share of salvage
or reward for salvage services as may be due to him by decree or award,
or otherwise, shall be binding on such seaman.
V. The wages of any seaman engaged to serve on any vessel under this
Act shall be calculated by the calendar month.
VI. If any seaman serving under the provisions of this Act shall, by a
writing according to a form set forth in Schedule (B), annexed to this
Act, or such other form as shall be from time to time approved by the
Governor-General of India in Council, attested by the signature of the
registrar or his assistant, and by the signature of the master of the vessel
on which he is engaged to serve, and in which writing the purpose shall
be stated, authorize the said registrar to receive monthly from the owner
of the said vessel or his agent, any part of his wages, not exceeding
one-third thereof, for the time for which he shall not have received any
advance, for the purpose of maintaining his family during his absence,
the said owner or his agent shall, on demand of the said registrar, pay
such sum to him, to be applied as aforesaid, without requiring any
proof from the said registrar that the said seaman is still on board the said
vessel.
VII. All such payments, whether by the owner, his agent, or by the
registrar, shall cease from and after the production of a certificate from
the master of the vessel of the death, desertion, or discharge of the said
seaman, or on reasonable evidence that the vessel has been lost; but no
payment actually made by the registrar to the party appointed by the said
seaman shall be reclaimable by reason of his death, desertion, or discharge,
or of the loss of the vessel.
VIII. All such receipts and payments shall be entered in a booh, and
all entries in the said book shall be authenticated by the registrar under
his signature, or the signature of his assistant; and the said book shall be
at all times open to the inspection of the parties concerned.
IX. At the time of witnessing the execution of the agreement for
service, the registrar shall explain to the seamen, parties thereunto, the
conditions on which they can allot a part of their pay to their families
during their service; and it shall be the duty of the registrar to see that
all seamen leaving the port have the option of allotting part of their pay
as aforesaid. ,
2 Y 2
/
Seamen may autho-
rize registrar to receive
certain portions of their
wages for the use of
Account of such
to be kept by regis!
trar.
Registrar to inform
seamen of the mode in
which they can ailot
portions of their pay to
their famiiies.