I n the case of all foreign-going ships and intercolonial ships Di~chawg- foreign-going shipa

all seamen shall be discharged and receive their wages i n the presence ,,a *kwlonid

of the said Board, or of a Superintendent of Mercantile Marine duly ahipata be made before Board or

appointed under this Act, except in cases where some Superintandentof

competent Court otherwise directs; and any master or owner MercmtileMarine.

of any such ship who discharges any seaman belonging thereto or, except as aforesaid, pays his wages within the province in any other manner, shall incur a penalty not exceeding Ten Pounds ; and, in the case of coast-trade ships, seamen may, if the owner or master so desires, be discharged and receive their wages in like manner.

And the owner or master of the ship shall pay to each seaman on account, at the time when he lawfully leaves the ship, at the end of his engagement, Two Pounds, or one-fourth of the balance due to him, whichever is least, and shall pay him the remainder of his wages within two clear days (exclusive of any Sunday or public holiday) after he so leaves the ship.

75.

(I.) Every master shall, subject to subsection 11. of this section, Master delher

not less than twenty-four hours before paying off or clis- account of wagea.

charging any seaman, deliver to him, or, if he is to be discharged before a Superintendent of Mercantile Marine, to such Superintendent of Mercantile Marine, a full and true account, in proper form, of his wages and of all deductions to be made therefrom on any account whatevcr, and in default shall, for each offence, incur a penalty not

E-237. exceeding

44' & 4$ VICTORIW, No.

^237.

.&&c? Board and Navigation Act.-1 $81.

, P m xlt. exceeding Five Pounds ; and no deduction fmm the wages of any seaman _(except

in

respect of any matter happening after such delivery) shall be allowed unless it is included in

a+ the account so ddivered; and the master shall, during the voyage, enter the various matters in respect of which such deductions are made, with the amounts of the respective deductions, as they occur, in a b o ~ k to be kept for that purpose, and shall, if required, produce such book at the time of the payment of wages, and also upon the hearing before any competent authority of any complaint or question relating to such payments :

(XL) The master of the ship may deliver the account of ^wages mentioned in subsection I. of this section to the seaman himself, at or before the time when he leaves the ship, instead of deliverirrg it to a Superintendent of Mercantile Marine ^:

(HI.)

If

the seaman consents, the final settlement of his wages may be left to the Superintendent of Mercantile Marine, under regulations to be made by the Board, and the receipt of the Superintendent shall in that case operate as a release by the seaman under section 79 of this Act :

(n.) I n the event of the seaman's wages, or any part thereof, not being paid or settled as in this section mentioned, then, unless the delay is due to the act or default of the seaman, or to any reasonable dispute as to liability or to any other cause, not being the act or default of the owner or master, the seaman's wages shall continue to run and be payable until the time of the final settlement thereof:

(v.) Where a question as to wages is raised before the Superin- tendent of Mercantile Marine, between the master or owner of a ship and a seaman or apprentice, if the amount in question does not exceed Five Pounds the Superintendent may adjudicate, and the decision of the Superintendent in the matter shall be final ; but if the Superintendent is of the opinion that the question is one which ought to be decided by a court of law, he may refuse to decide it.

dischsrg%

76.

U p the discharge of any seaman, or upon payment of his

to grPe reasren

d m t e o r &. wages, the master shall sign and give him a certificate of his dis-

ehsrgesand oerti8cab of charge, in a proper form, specifying the period of his service and the

competencporservice time and place of his discharge; and if any master fails to sign

to miYtCw a d

engimats. and ^give to any such seaman such certificate of discharge he shall for each such offence incur a penalty not exceeding Ten Pounds ; and the master shall also, upon the discharge of every certificated mate or engineer whose certificate of competency or service has been delivered to and retained by him, return such certificate, and shall in default itlcur a penalty not exceeding Twenty Pounds.

or au@wa

77. The

Board or any Superintendent of Mercantile Marine, by

a4ntdlbcaIltjle

permission

44" & 45' VICTORIW, No. ^237.

Mavine Board and Navitgatian Act.-1881.

permission of the Board, shall hear and decide any question whatever ' P ~ w r ^IT*

between a master or owner and any of his crew which both parties Marine may &aide questions which

agree in writing to submit t o them or him ; and every award so made partier refer *em

by them or him shall be binding on both parties, and shall, in any ^him.

legal proceeding which may be taken in the matter before any Court of Justice, be deemed to be conclusive as to the rights of the parties;

and any document purporting to be such submission or award shall be primd facie evidence thereof.

78.

I n any proceeding rdating to the wages, claims, or discharge M Msad ~others to produca ahip'e

of any seaman carried on before the Board or any Superintendent ^,pm,

of Mercantile Marine, by permission of the Board, under the pro- BupAtendent of Mercaqtile Marine

visions of this Act, the Board or such Superintendent of Mercantile snd ~ v e

Marine may call upon the owner, or his agent, or upon the master, or any mate, engineer, or other member of the crew, to produce any log-books, papers, or other documents in their respective possession or power relating to any matter in qnestion in such pro- ceeding, and may call before them or him and examine any of such persons being then a t or near the place on any such matter ; and every owner, agent, master, mate, engineer, or other member of the crew who, when called upon by the Board or Superintendent of Mercantile Marine, does not produce any such paper or document as aforesaid, if in his possession or power, or does not appear and give evidence, shall, unless he shows some reasonable excuse for such default, for each such offence incur a penalty not exceeding Eive Pounds.

79,

The following rules shall be observed with respect to the settlement & R a p .

settlement of wages, that is to say-

I . Upon the completion before a Superintendent of Mercantile Release to be signed before and attested by

Marine of any discharge and settlement, the master or eeSuperioteodent

owner and each seaman shall respectively, in the presence of Mercantile Marine.

of the Superintendent of Mercantile Marine, sign, in a proper form, a mutual release of a11 claims in respect of the past voyage or engagement, and the Superin- tendent of Mercantile Marine shall also sign, atteat, and retain it :

XI. Such release, so signed and attested, shall operate as a mutual ^To be &charge.

discharge and settlement of all demands between the parties thereto in respect of the past voyage or engage- ment :

111. A copy of such release, certified under the hand of such h d to be evidence.

Superintendent of Mercantile Marine to be a true copy, shall be given by him to any party thereto requiring the same : and such copy shall be receivable in evidence upon any future question touching such claims as aforesaid, and shall have all the effect of the original of which it purports to be a copy :

44' & 45' VICTORIW, No. 237.

Voucher to be given t o ~ a n d t a b e evidenoe.

Mnstartormrge reports of character.

Marine Board u ~ d Navigation Act.-1 88 _1.

~ v . In cases in which discharge and settlement before a Superin- tendent of Mercantile Marine are hereby required, no pay- ment, receipt, settlement, or discharge otherwise made s h d operate or be admitted as evidence of the release or satis- faction of any claim :

v. Upon any payment being made by a master before a Superin- tendebt of Mercantile Marine, the Superintendent of Mercantile Marine shall, if required, sign and give to such master a statement of the whole amount so paid ; and such statement shall, as between the master and his employer, be received as evidence that he has made the payments therein mentioned.

80.

Upon every discharge effected before a Superintendent of Mercantile Marine, the master shall make and sign, in a proper form, a report of the conduct, character, and qualifications of the persons discharged, or may state, in a column to be left for that purpose in the said form, that he declines to give any opinion upon such par- ticul'ars, or upon any of them; and the Superintendent of Mercantile Marine shall, if desired so to do by any seaman, give to him, or endorse on his certificate of discharge, a copy of so much of such report as concerns him ; and every person who makes, assists in making, or procures to be made, any false certificate or report of the service, qualifications; conduct, or character of any seaman, knowing the same to be false, or who forges, assists in forging, or procures to be forged, or fraudulently alters, assists in fraudulently altering, or procures to be fraudulently altered, any such certificate or report, or who fraudulently makes use of any certificate or report, or of any copy of any certificate or report which is forged or altered, or does not belong to him, shall, for each such offence, be deemed guilty of a misdemeanor.

Legal Rights to Wages.

Bight to wagee and provkiom, when to begin.

Seamen not to give up obl.tain rights.

And stipulation con- cerning salvage.

81.

A seaman's right to wages and provisions shall be taken to