51. Settlement of wages
Feedback & supportWhere a seaman is discharged, and the settlement of his wages completed, before the Superintendent, he shall sign in the presence of the Superintendent a release, in a form approved by the Minister, of all claims in respect of the past voyage or engagement; and the release shall also be signed by the master or owner of the ship and attested by the Superintendent.
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;
The release, so signed and attested, shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement.
voyage
“voyage” means the whole time and the whole distance between the ship’s port or place of departure and her final port or place of arrival;
The release shall be retained by the Superintendent, and on production from his custody shall be admissible in evidence in the manner provided by this Act.
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;
Where the settlement of a seaman’s wages is by this Act required to be completed through or in the presence of the Superintendent, no payment, receipt or settlement made otherwise than in accordance with this Act shall operate as or be admitted as evidence of the release or satisfaction of any claim.
Upon any payment being made by a master before the Superintendent, the Superintendent shall, if required, sign and give to the master a statement of the whole amount so paid; and the statement shall, as between the master and his employer, be admissible as evidence that the master has made the payments therein mentioned.
master
“master” includes every person, except a pilot, having command or charge of any ship;
A seaman may except from the release signed by him under this section any specified claim or demand against the master or owner of the ship, and a note of any claim or demand so excepted shall be entered upon the release.
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;
Such release shall not operate as a discharge or settlement of any claim or demand so noted, nor shall subsection (4) apply to any payment, receipt or settlement made with respect to any such claim or demand.[64