106. Provisions as to failure to join ship and desertion
Feedback & supportWhere a seaman who has been lawfully engaged and has received under his agreement an advance note, after negotiating his advance note, wilfully or through misconduct fails to join his ship or deserts therefrom before the note becomes payable, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100 or to imprisonment for a term not exceeding 21 days.
seaman
“seaman” includes every person, except a master or pilot, employed or engaged in any capacity as part of the crew on board any ship;
Nothing in this section shall take away or limit any remedy by action or otherwise which any person would otherwise have in respect of the negotiation of the advance note, or which an owner or master would otherwise have for breach of contract.
owner
“owner”, used in relation to goods, means every person who is for the time being entitled, either as owner or agent for the owner, to the possession of the goods, subject in the case of a lien, if any, to that lien;
Where it is shown to the satisfaction of the Superintendent that a seaman lawfully engaged has wilfully or through misconduct failed to join his ship, the Superintendent may direct that any of the seaman’s certificates of discharge shall be withheld for such period as he thinks fit.
Superintendent
“Superintendent” means the Superintendent of the Mercantile Marine Office referred to in section 26 and includes any deputy superintendent appointed under that section, or, if the context so requires, any superintendent appointed under the Merchant Shipping Acts;
While a seaman’s certificate of discharge is so withheld, the Superintendent and any other person having the custody of the necessary documents may, notwithstanding anything in this Act, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.[121