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Merchant Shipping Law Amendment Act 1853

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This is the original version (as it was originally enacted).

Volunteering into the Navy

So much of 7 & 8 Vict. c.112 as to Wages, instead of being paid at once, to be given to the Queen's Officer on account of the Seaman, repealed.

XXXVSo much of the Fifty-first Section of the Act of the Eighth Year of Her present Majesty, Chapter One hundred and twelve, as requires the proportionate Amount of the Wages of any Seaman who quits his Ship and enters Her Majesty's Naval Service, up to the Time of such Entry, to be paid to him thereupon, shall be repealed; and in all such Cases such proportionate Amount of Wages shall be paid as follows ; that is to say, the Master of the said Ship shall pay the same, either in Money or by Bill drawn upon the Owner and payable at sight, to the Officer in command of Her Majesty's Ship into which the Seaman enters; and the Receipt of such Officer shall be a Discharge for the Money or Bill so given; and if such Wages are paid in Money, such Money shall be credited in the Muster Book of the Ship to the Account of the said Seaman, and if such Wages are paid by Bill, such Bill shall be sent home to the Accountant General of Her Majesty's Navy, who shall present the same or cause the same to be presented for Payment, and shall credit the Produce thereof to the Account of the said Seaman; and such Money or Produce, as the Case may be, shall be paid to the said Seaman at the Time when the Wages of the Crew of the Ship into which he enters are paid; provided that no Officer who receives any such Bill as aforesaid shall be subject to any Liability in respect thereof, except for the safe Custody thereof until sent to the said Accountant General as aforesaid; and if any such Bill is not duly paid when presented, the Seaman on whose Behalf the same is given may sue thereon, or may recover the Wages due to him by all or any of the same Means by which Wages due to Merchant Seamen are recoverable.

If new Seamen are engaged instead of the original Sea men, the Owner may apply for Repayment of the extra Expense he has been put to.

XXXVIIf in consequence of any Seaman so. quitting his Ship without the Consent of the Master or Owner thereof, it becomes necessary for the Safety and proper Navigation of the said Ship to engage a Substitute or Substitutes, and if the Wages or other Remuneration paid to such Substitute or Substitutes for subsequent Service exceed the Wages or Remuneration which would have been payable to the said Seaman under his Agreement for similar Service, the Master or Owner of the said Ship may apply to the Registrar of the High Court of Admiralty in England for a Certificate authorizing the Repayment of such Excess; and such Application shall be in such Form, and shall be accompanied by such Documents, and by such Statements, whether on Oath or otherwise, as the Judge of the said Court may from Time to Time direct; and the said Registrar shall upon receiving any such Application give Notice thereof in Writing, and of the Sum claimed, to the Secretary to the Commissioners of the Admiralty, and shall proceed to examine the said Application, and may call upon the Registrar General of Seamen to produce any Papers in his Possession relating thereto, and may call for further Evidence; and if the whole of the Claim appears to him to be just, he shall give a Certificate accordingly, but if he considers that such Claim or any Part thereof is not just, he shall give Notice of such his Opinion in Writing under his Hand to the Person making the said Application or his Attorney or Agent; and if within Sixteen Days from the giving of such Notice such Person do not leave or cause to be left at the Office of the Registrar of the said Court a written Notice demanding that the said Application shall be referred to the Judge of the said Court, then the said Registrar shall finally decide thereon, and certify accordingly ; but if such Notice be left as aforesaid, then the said Application shall stand referred to the said Judge in his Chambers, and his Decision thereon shall be final, and the said Registrar shall certify the same accordingly ; and the said Registrar and Judge respectively shall in every Proceeding under this Act have full Power to administer Oaths, and to exercise all the ordinary Powers of the Court, as in any other Proceeding within its Jurisdiction; and the said Registrar or Judge (as the Case may be) may, if he thinks fit, allow, for the Costs of any Proceeding under this Act, any Sum not exceeding Five Pounds for each Seaman so quitting his Ship as aforesaid; and such Sum shall be added to the Sum allowed, and shall be certified by the said Registrar accordingly.

Accountant General to pay Sums so certified.

XXXVIIEvery Certificate so given shall be sent by Post or otherwise to the Person making the Application, his Attorney or Agent, and a Copy thereof shall be sent to the Accountant General of Her Majesty's Navy; and such Accountant General shall, upon Delivery to him of the said original Certificate, together with a Receipt in Writing-purporting to be a Receipt from the Master or Owner making the Application, pay to the Person delivering the same, out of the Monies applicable to the Naval Service of Her Majesty and granted by Parliament for the Purpose, the Amount mentioned in such Certificate ; and such Certificate and Receipt shall absolutely discharge the said Accountant General and Her Majesty from all Liability in respect of the Monies so paid or of the said Application.

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