Merchant Shipping Act, 1894

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Right of suing on allotment notes.

143.—(1) The person in whose favour an allotment note under this Act is made may, unless the seaman is shown, in manner in this Act specified, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid, recover the sums allotted, when and as the same are made payable, with costs from the owner of the ship with respect to which the engagement was made, or from any agent of the owner who has authorised the allotment, in the same court and manner in which wages of seamen not exceeding fifty pounds may be recovered under this Act; provided that the wife of a seaman, if she deserts her children, or so misconducts herself as to be undeserving of support from her husband, shall forfeit all right to further payments under any allotment made in her favour.

(2) In any proceeding for such recovery it shall be sufficient for the claimant to prove that he is the person mentioned in the note, and that the note was given by the owner or by the master or some other authorised agent; and the seaman shall be presumed to be duly earning his wages, unless the contrary is shown to the satisfaction of the court, either—

(a) by the official statement of the change in the crew caused by his absence, made and signed by the master, as by this Act is required, or

(b) by a certified copy of some entry in the official log-book to the effect that he has left the ship, or

(c) by a creditable letter from the master of the ship to the same effect, or

(d) by such other evidence as the court in their absolute discretion consider sufficient to show satisfactorily that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.

[S. 144 (Time for payment of allotment note) rep. 6 Edw. 7. c. 48, s. 85. See now s. 62 of that Act.]

Seamen’s Money Orders and Savings Banks.