Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 115
115. The following provisions shall have effect with respect to
agreements with the crew:
(a) the agreement shall (subject to the provisions of this
Act as to substit utes) be signed by each seaman;
(b) the master shall cause the agreement to be read over
and explained to each seaman , or otherwise ascertain
that each seaman understands the same, before he
signs it, and shall at test each signature;
(c) when the crew is first engaged, the agreement shall be
signed in duplicate and one part shall be retained by
the master and the other shall be delivered to the
shipping master, and shall contain a special place or
form for the descriptions and signatures of substitutes
or persons engaged subsequently to the first departures
of the ship;
(d) where a substitute is engaged in the place of a seaman
who duly signed the agreement and whose services are
within twenty-four hours of the ship’s putting to sea
lost by death, desertion or o ther unforeseen cause, the
master shall, before the ship puts to sea, if practicable,
and if not, as soon afterwards as possible, cause the
agreement to be read over and explained to the
substitute, and the substitute shall thereupon sign the
s a m e i n t h e p r e s e n c e o f a w i t n e s s , a n d t h e w i t n e s s
shall attest the signature;
(e) an agreement may be made for a voyage or, if the
voyages of the ship average less than six months in
duration, may be made to extend over two or more
voyages, and agreements so made to extend over two
or more voyages are in this Act referred to as "running
agreements";
(f) a running agreement shall not extend beyond the
twelve months’ period of time next following the date
of the making of the agreement or the first arrival of
the ship at her port of destination after the termination
of that period;
(g) on every return to the port where the crew was
70 CAP. 234.] MERCHANT SHIPPING
engaged before the final termination of a running
agreement, the master shall make on the agreement an
endorsement as to the engagement or discharge of
seamen, either that no engagements or discharges have
been made or are intended to be made before the ship
leaves port, or that all those made have been made as
required by law, and if the master wilfully makes a
false statement in any such endorsement or if he omits
to make an endorsement which he is required to make
under this paragraph, he shall for each offence be
liable to a fine ( multa) not exceeding fifty units;
(h) the duplicate of the agreement retained by the master
on the first engagement of the crew as well as any
endorsements made on the agreement shall, on the
expiration of the agreemen t, be delivered to the
shipping master who shall retain same for a period of
five years after the expiration of the agreement;
(i) the duplicate of the agreement delivered to the
shipping master on the first engagement of the crew
shall be kept by the shippi ng master until he receives
the other duplicate of the agreement retained by the
master on the ex piration of same.
Terms not to be
contrary to the
provisions of this
Act.
Amended by:
XIII. 1983.5.
Substituted by:
XXII. 2000. 56.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.