Merchant Shipping Act (Cap. 234)

Merchant Shipping Act (Cap. 234), article 115

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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.

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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.