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MERCHANT SHIPPING ACT 1906 - SECT 44

Deduction from wages and payment to superintendents, &c., of fines.

44.(1) Every fine imposed on a seaman for any act of misconduct for which his
agreement imposes a fine shall be deducted as follows (that is to say):

(a)if the offender is discharged in the United Kingdom, and the offence, and
the entry in the log-book required by the Merchant Shipping Acts in respect
thereof, are proved to the satisfaction, ... of the superintendent..., the
master or owner shall deduct the fine from the wages of the offender;

(b)if the offender enters His Majesty's naval service or is discharged abroad,
and the offence and the entry as aforesaid are proved to the satisfaction of
the officer in command of the ship he so enters, or of the proper
authority..., as the case may be, the fine shall be deducted as aforesaid and
an entry made in the official log-book of the ship and signed by the officer
or authority to whose satisfaction the offence is proved.

(2) Every fine so deducted shall be paid

(a)if the offender is discharged in the United Kingdom, to the superintendent;

(b)if the offender enters His Majesty's naval service, on the return of the
ship to its port of destination, if that port is in the United Kingdom, to the
superintendent..., and, if the port of destination is not in the United
Kingdom, to the proper authority as defined for the purpose of this Part of
this Act;

(c)if the offender is discharged at any place out of the United Kingdom, to
the proper authority.

(3) A proper authority shall remit any amounts received by them under this
section at such times and in such manner, and render such accounts in respect
thereof, as the Board of Trade require.

(4) If a master or owner fails without reasonable cause to pay any fine as
required by this section, he shall for each offence be liable on summary
conviction to a fine not exceeding six times the amount of the fine not so
paid.

(5) An act of misconduct for which any fine has been inflicted and paid by, or
deducted from the wages of, the seaman, shall not be otherwise punished under
the Merchant Shipping Acts.]

Ss.4548 rep. by 1970 c.36 s.100 sch.5[


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