Merchant Seamen (Payment of Wages and Rating) Act 1880

JurisdictionUK Non-devolved
Citation1880 c. 16


Merchant Seamen (Payment of Wages and Rating) Act, 1880

(43 & 44 Vict.) CHAPTER 16.

An Act to amend the Law relating to the Payment of Wages and Rating of Merchant Seamen.

[2nd August 1880]

B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; (that is to say,)

S-1 Short title and construction.

1 Short title and construction.

1. This Act may be cited as theMerchant Seamen (Payment of Wages and Rating) Act, 1880.

This Act shall be construed as one with the Merchant Shipping Acts, 1851to 1876, and those Acts and this Act maybe cited collectively as the Merchant Shipping Acts, 1854 to 1880.

S-2 Conditional advance notes illegal.

2 Conditional advance notes illegal.

(1)2. (1.) After the first day of August one thousand eight hundred and eighty-one, any document authorising or promising, or purporting to authorise or promise, the future payment of money on account of a seaman's wages conditionally on his going to sea from any port in the United Kingdom, and made before those wages have been earned, shall be void.

(2) (2.) No money paid in satisfaction or in respect of any such document shall be deducted from a seaman's wages, and no person shall have any right of action, suit, or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.

(3) (3.) Nothing in this section shall affect any allotment note made under the Merchant Shipping Act, 1854 .

S-3 Amendment of 17 & 18 Vict. c. 104. s. 169. as to allotment notes.

3 Amendment of 17 & 18 Vict. c. 104. s. 169. as to allotment notes.

(1)3. (1.) Every agreement with a seaman which is required by the Merchant Shipping Act, 1854, to be made in the form sanctioned by the Board of Trade shall, if the seaman so require, stipulate for the allotment of any part not exceeding one half of the wages of the seaman in favour of one or more of the persons mentioned in section one hundred and sixty-nine of the Merchant Shipping Act, 1854 , as amended by this section.

(2) (2.) The allotment may also be made in favour of a savings bank, and in that case shall be in favour of such persons and carried into effect in such manner as may be for the time being directed by regulations of the Board of Trade, and section one hundred and sixty-nine of the Merchant Shipping Act, 1854 , shall be construed as if the said persons were named therein.

(3) (3.) The sum received in pursuance of such allotment by a savings bank shall be paid out only on an application made, through a superintendent of a mercantile marine office or the Board of Trade, by the seaman himself, or, in case of death, by some person to whom the same might be paid under section one hundred and ninety-nine of the Merchant Shipping Act, 1854 .

(4) (4.) A payment under an allotment note shall begin at the expiration of one month, or, if the allotment is in favour of a savings bank, of three months, from the date of the agreement, or at such later date as may be fixed by the agreement, and shall be paid at the expiration of every subsequent month, or of such other periods as may be fixed by the agreement, and shall be paid only in respect of wages earned before the date of payment.

(5) (5.) For the purposes of this section ‘savings bank’ means a savings bank established under one of the Acts mentioned in the First Schedule to this Act.

S-4 Rules as to payment of wages.

4 Rules as to payment of wages.

4. In the case of foreign-going ships—

(1) (1.) 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, Fast Day in Scotland, or Bank Holiday) after he so leaves the ship.

(2) (2.) The master of the ship may deliver the account of wages mentioned in section one hundred and seventy-one of the Merchant Shipping Act, 1854 , to the seaman himself at or before the time when he leaves the ship instead of delivering it to a superintendent of a mercantile marine office.

(3) (3.) If the seaman consents, the final settlement of his wages may be left to the superintendent of a mercantile marine office under regulations to be made by the Board of Trade, and the receipt of the superintendent shall in that case operate as a release by the seaman under section one hundred and seventy-five of the Merchant Shipping Act, 1854 .

(4) (4.) In 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.

(5) (5.) Where a question as to wages is raised before the superintendent of a mercantile marine office 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 opinion that the question is one which ought to be decided by a court of law he may refuse to decide it.

S-5 Penalty for being on board ship without permission before seamen leave. See 17 & 18 Vict. c. 104. s. 237.

5 Penalty for being on board ship without permission before seamen leave. See 17 & 18 Vict. c. 104. s. 237.

5. Where a ship is about to arrive, is arriving, or has arrived at the end of her voyage, every person, not being in Her Majesty's service or not being duly authorised by law for the purpose, who—

a .) goes on board the ship, without the permission of the master before the seamen lawfully leave the ship at the end of their engagement, or are discharged (whichever last...

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