Antigua and Barbuda Merchant Shipping Act

Link to law: http://laws.gov.ag/acts/chapters/cap-28.pdf
Published: 1986

Antigua and Barbuda (CAP. 28 1
Merchant Shipping

CHAPTER 28

THE ANTIGUA AND BARBUDA MERCHANT
SHIPPING ACT

Arrangement of Sections
Section

Preliminary

1. Short title.
2. Application.
3. Reservation of coastal trade.
4. Ship moveable property.
5 . Interpretation.

Administration and implementation

6. Minister's powers.
7. Appointment of officers.
8. Registrar of Antiguan and Barbudan ships.

Registration of Ships-Mortgages-Maritime Liens

9. Antiguan and Barbudan Ships.
10. Obligation to register.
11. Port of Registry.
12. Office of Registrar.
13. Certificate of registry.
14. Register books.
15. Local effects of registration.
16. Entry of particulars in the register book.
17. Classes of fishing vessel and boats to be registered.
18. Temporary passes.
19. Licensing of unregistered vessels.

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20. Survey before registry.
2 1. Marking of ship.
22. Declaration of ownership.
23. Cancellation of foreign registry.
24. Provisional certificate of registry.
25. Registration of Chartered bareboats.
26. Conditions of registration of chartered bareboats.
27. Measurement and fees in respect of a chartered

bareboat.
28. Name of registered chartered bareboat.
29. Certificate of registration of a chartered bareboat.
30. Re-registration of a chartered bareboat.
31. Mortgages in respect of chartered bareboats

registration.
32. Annual fees and dues.
33. De-registration of a chartered bareboat.
34. Acquisition of ships from abroad.
35. Transfer of Antiguan and Barbudan ship or share or

interest therein.
36. Transmission on death or insolvency.
37. Mortgage of ship or share.
38. Mortgagee not deemed to be owner.
39. Rights of mortgagee
40. Mortgagee not affected by insolvency.
41. Transfer of mortgages and shares.
42. Transmission of interest.
43. Regulations relating to Procedure.
44. Restriction on de-registration.
45. Restriction on registration.
46. Priority of maritime liens--claims secured by maritime

liens.
47. Order of priority of maritime liens.
48. Rights of shipbuilders and ship repairers.
49. Over-riding nature of maritime liens.
50. No lien attaching to claims related to radioactive

material.
51. Limitation period.
52. Interruption of limitation period.
53. Effect of forced sale of ship.
54. Proceeds of sale.
55. Certificate to the purchaser.
56. National colours.
57. Hoisting national colours.
58. Nationality and flag to be declared before clearance.

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59. Unlawful assumption of Antiguan and Barbudan
character.

60. Concealment of Antiguan and Barbudan or assump-
tion of foreign character.

Masters, Officers, Seamen and Cadets

61. Definitions.
62. Complement of certificated officers.
63. Certificates of competency.
64. Uncertificated and unauthorised officers.
65. Form of certificates.
66. Power to cancel or suspend certificates.
67. Record of orders.
68. Loss of certificates.
69. Production of certificates.
70. Certificates of service of naval officers.
7 1. Recognition of certificates issued abroad.
72. Regulations pertaining to examinations for certificates

of competency.
73. Training of merchant navy personnel.
74. Manning scale.
75. Qualifications and physical fitness.
76. Employment on voyage basis or long-term basis.
77. Crew agreement.
78. Stipulations in crew agreement.
79. Regulations relating to crew agreements.
80. Discharge of seamen.
81. Compensation to seamen improperly discharged.
82. Arrangement for employment of seamen.
83. Restriction on employment of under-aged persons on

board ship.
84. Employment of children and young persons as seamen.
85. International Law relating to employment of children

and young persons.
86. No ousting of jurisdiction.
87. Changes in crew of foreign going ship.
88. Change of master.
89. Conditions of Service-Minister to make Regulations.
90. Payment of seamen's wages.
91. Account of seamen's wages.
92. Regulations relating to wages and accounts.

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93. Power of Director or proper officer to decide disputes
about wages.

94. Restriction on assignment of and charge upon wages.
95. Power of court to award interest on wages due other-

wise than under crew agreement.
96. Allotment notes.
97. Wages on termination of service by wreck, illness, etc.
98. Protection of rights and remedies.
99. Claims against seamen's wages etc. of dependants.

100. Remedies of master.
101. Deduction from wages.
102. Wages not to depend on freight.
103. Refusal to work.
104. Illness caused by own default.
105. Rate of exchange.
106. General.
107. Safety regulations.
108. Crew accommodation.
109. Regulations.
110. Welfare of seamen.
11 1. Endangering safety of ship or of persons on board.
1 12. General offences against discipline.
113. Refusal to serve on unseaworthy ship.
114. Trade disputes involving seamen.
1 15. Entry of offences in log-book.
116. Offence of making false statement.
11 7. Suspension of certificate of discharge.
118. Minister to make regulations.
119. Maintenance and repatriation of seamen left behind.
120. Relief of distressed seaman.
121. Regulations relating to relief of distressed seaman.
122. Definition.
123. Regulations relating to property of deceased seamen.
124. Form, maintenance and custody of log-book.
125. Entries required in official log-book.
126. Delivering of official log-book and radio-book of the

voyage to the Director.
127. Delivery of official log-book to Director when not

required.
128. Offence in respect of log-book.
129. Rights and duties of master.
130. Regulations with respect to documentation and returns.

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Safe9 Navigation

13 1. Collision Regulations.
132. Observance of Collision Regulations.
133. Inspection for enforcing Collision Regulations.
134. Duty of vessel to assist the other in case of collision.
135. Collisions to be entered in the official log-book.
136. Record of boat drill or fire drill.
13 7. Prescribed complement of certificated crew.
138. Obligation to notify hazards of navigation.
139. Master to proceed moderately in a danger area.
140. Obligation to assist vessels or persons in distress.
141. Signal of distress.
142. Report of accident and loss of ship.
143. Apprehended loss of the ship.
144. Interpretation.
145. Countries to which Safety Convention applies.
146. Minister to make regulations.
147. Exceptions.
148. Local safety certificate.
149. Breach of safety rules.
150. Survey of passenger ship and cargo ships.
151. Rules relating to survey of cargo ships.
152. Construction and survey of passenger ship rules.
153. Surveyor's report.
154. Issue of Certificates to passenger and cargo ships.
155. Safety certificates for passenger ships.
156. Short voyage certificate.
157. Exemption certificate-qualified certificate.
158. Issue of passenger ship safety certificate-number of

passengers to be carried on board.
159. Form of safety certificate.
160. Penalty for carrying excess passengers.
16 1. Cargo ship safety construction certificates and qualified

cargo ship safety construction certificates.
162. Safety equipment certificate for cargo ships.
163. Exemption certificate-qualified safety equipment

certificate.
164. Radio certificate.
165. Exemption certificate-qualified radio certificate.
166. Radio Exemption certificates.
167. Issue of safety certificates on partial compliance with

rules.

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168. Duration of certificates.
169. Prorogation of validity of certificates.
170. Validity of qualified certificate.
17 1. Penalty for non-compliance with conditions of exemp-

tion certificates.
172. Posting of certificates.
173. Survey of ships in respect of which an accepted safety

certificate is issued.
174. Production of accepted Safety Convention certificates.
175. Miscellaneous privileges of ships holding accepted Safe-

ty Convention certificates.
176. Unseaworthy or unsafe ship to be detained.
177. Prohibition on proceeding to sea without appropriate

certificate.
178. Detention of ship for lack of production of certificates.
179. Validity of short-voyage certificate for passenger ship.
180. Liability for costs of detention and damages.
181. Security for costs.
182. Ship's stability.
183. Penal provisions.
184. Notice of alterations affecting the efficiency or seawor-

thiness of the ship.
185. Renewal of survey of ship ordered by the Minister at

any time.
186. Application of this part to foreign vessels-exemption

from compliance with this part.
187. Issue of accepted safety Convention certificates in

respect of foreign registered ships.
188. Issue of certificates by other Governments.
189. Appointment of surveyors.
190. Surveyor's powers of inspection.
191. Record of inspections and certificates.
192. Appeals against withholding of certificates of deten-

tion of ship.
193. Rules applicable.
194. Interpretation.
195. Load Line ships.
196. Exceptions.
197. Load Line Rules.
198. Ships not to proceed to sea unless complying with Load

Line Rules.
199. Production of Load Line Certificates in respect of

foreign ships.
200. Certificates to be issued.

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201. Effect of Load Line Certificates.
202. Duration, renewal and cancellation of Load Line

Certificates.
203. Ships not to proceed to sea without Load Line

Certificates.
204. Production of certificate to customs.
205. Certificates issued by other Governments-certificates

issued by the Government of Antigua and Barbuda
at the request of other Governments.

206. Exemptions from provisions relating to load lines.
207. Deck cargo.
208. Inspection of load line ships.
209. Alterations of the ship affecting the position of Load

Lines.
2 10. Submersion of load lines.
2 1 1. Submersion of load lines of foreign ships.
2 12. Alteration or defacement of marks.
213. Publication and posting of Load Line Certificates-

entry into Log-Book of particulars of load lines.
214. Inspection of ships other than Antiguan and Barbudan

ships.
215. Contravention of Load Line Rules and detention of

ships other than Antiguan and Barbudan ships.
216, Regulations regarding carriage of bulk cargoes.
2 17. Regulations regarding carriage of grain.
218. Regulations as to dangerous goods.

Wreck and Salvage

2 19. Interpretation.
220. Principal Receiver of wreck and receivers.
221. Fees of Receiver of Wreck.
222. Duty of Receiver on receipt of report of wreck.
223. Power of Receiver of Wreck.
224. Power to pass over adjoining lands.
225. Examination in respect of ship in distress.
226. Duties of persons finding wreck.
227. Notice of wreck.
228, Claims of owners to wreck.
229. Sale of wreck in certain cases.
230. Unclaimed wreck property of Government.
231. Sale of wreck by Receiver.
232. Discharge of Receiver.

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233. Removal of wreck being a hindrance to navigation.
234. Breaking up and removing wreck.
235. Extent of power of removal.
236. Removal to foreign port for sale.
237. Unauthorised boarding of wreck.
238. Interfering with wreck.
239. Summary procedure for concealment of wreck.
240. Taking wreck at the time of casualty.
241. Definition.
242. Salvage of life, vessel, aircraft, wreck, apparel, or cargo.
243. Cases when renumeration not admissible.
244. Settlement of salvage disputes.
245. Rescission of salvage agreements.
246. Jurisdiction in relation to disputes.
247. Appeal in salvage dispute.
248. Valuation of property by the Receiver.
249. Detention of property liable to salvage by Receiver.
250. Sale of detained property by Receiver.
251. Apportionment of salvage in relation to foreign vessel.
252. Apportionment of salvage by Receiver.
253. Apportionment by the High Court.
254. Salvage services rendered by Government.
255. Time limit for salvage proceedings.
256. Provisions as to duties on wrecked goods.

PART VII

Shipping Casualties, Enquiries, Courts and Legal Proceedings

257. Shipping casualties.
258. Preliminary inquiry.
259. Formal investigation.
260. Power of court to investigate into charges against

Masters, etc.
26 1. Inquiries as to competency and conduct of Master, etc.
262. Power to arrest witnesses etc.
263. Power to commit for trial.
264. Cancellation or suspension of certificates.
265. Removal of master by court.
266. Delivery of certificate in court.
267. Effect of cancellation or suspension of certificates.
268. Appeal.
269. Power of the Director to cancel and suspend certificates.
270. Minister's power to revoke order of cancellation,

suspension etc.

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27 1. Jurisdiction.
272. Jurisdiction over vessel lying or passing off the coasts.
273. Jurisdiction to try offences on board ships.
274. Jurisdiction as to offences by seamen in foreign ports.
275. Jurisdiction in collision and other cases.
276. Jurisdiction as to unsatisfied mortgages.
277. Power to detain foreign ship that has occasioned

damage.
278. Inquiries into causes of death.
279. Power of the officer charged with inquiries.
280. Enforcement of detention of ship.
281. Seizure and sale of ship in default of payment of

penalty.
282. Notice to consular office in case of detention of foreign

ship.
283. Cost of detaining ship.
284. Distress sale.
285. Limitation of actions in civil proceedings.
286. Depositions in cases in which witnesses cannot be

produced.
287. Evidence and service of document.
288. Admissibility of documents in evidence.
289. Service of documents.
290. Protection of public officers.
291. Constitution of Court of Survey.
292. Appeal from surveyor to Court of Survey.
293. Jurisdiction of the Court of Survey.
294. Scientific referees.
295. Minister to make rules.

PART VIII

Pollution of the Sea by Oil
296. Interpretation.
297. Prohibition of discharge of oil.
298. Ratification of International Conventions and

Regulations.

Passenger Ships

299. Issue of contract ticket.
300. Regulations regarding carriage of passengers.

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301. Athens Convention relating to Carriage of passengers
and their luggage, 1974.

Carriage of Goods by Sea

302. Charter of Foreign ships.
303. Types and Terms of Charter.
304. Carriage under bills of lading.
305. Brussels Protocol, 1968.
306. Code of Conduct for Liner Conferences.
307. Lien on goods.
308. General Average.

Limitation and Division of Liability

309. Interpretation.
3 10. Limitation of liability.
3 11. Limits of liability.
312. Power of the Court to consolidate claims.
3 13. Extension of limitation of liability.
314. Vessels less than 300 tons.
3 15. Calculation of tonnage.
3 16. Several claims arising on one occasion.
317. Release of ship on security.
3 18. Division of liability.
319. Joint and several Liability.
320. Right of contribution.
32 1. Meaning of owner.
322. Principles of international law.
323. National shipping industry.
324. Measures to assist shipping industry.
325. Prosecution of offences and instituting of action.
326. Recovery of fines.
327. Application of fines.
328. Limitation of time as to summary proceedings.
329. Compounding of offences.
330. Penalties.
331. Power of Cabinet to grant exemptions.
332. Special provisions for coastal trade ships.

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333. General power to make regulations.
334. Transitional.
335. Repeals.

SCHEDULE.

ANTIGUA AND BARBUDA MERCHANT SHIPPING

(1st January, 1986.) 111985.
2911986.
1811989.

Preliminary

1. This Act may be cited as the Antigua and Barbuda short title.
Merchant Shipping Act.

2. ( 1 ) Unless otherwise expressly provided, the pro- Application.
visions of this Act which apply to ships which are registered
in Antigua and Barbuda or which, in terms of this Act are
required to be so registered, shall so apply wherever the ships
may be.

(2) Unless otherwise expressly provided, the provisions
of this Act which apply to ships other than those referred
to in subsection (I) shall so apply only while any such ship
is within Antigua and Barbuda.

( 3 ) Unless otherwise expressly provided in this Act or
by regulations made under this Act, the provisions of this
Act shall not apply to-

(a) ships belonging to the Government in non-
commercial service of the Government;

( b ) ships or aircraft belonging to the defence forces
of Antigua and Barbuda.

3. ( 1 ) The coastal trade between Antigua and Reservation coastal rade. of
Barbuda ports shall be carried only by Antiguan and
Barbudan ships.

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(2) The Minister may make regulations to carry out
the purposes of subsection (1) and such regulations may pro-
vide inter alia for the grant of exemption to any ship from
compliance with that subsection if in the opinion of the
Minister, the circumstances of the case warrant such
exemption.

(3) The owner, agent or master of any ship contraven-
ing the provisions of this section is guilty of an offence.

Ship moveable 4. A ship shall be treated as moveable property under
property. civil law subject to the provisions of this Act.

Interpretation. 5. In this Act,

"Antiguan and Barbudan ship" means a ship which
is registered or licensed under this Act;

'6 apprentice" means an apprentice to the sea service;

6 6 cargo ship" means a ship which is not a passenger
ship, a fishing vessel or a pleasure yacht;

"chemical tanker" means a cargo ship constructed and
used for the carriage in bulk of any liquid chemical
listed in the Intergovernmental Maritime Con-
sultative Organization (IMCO) "Code for the Con-
struction and Equipment of Ships carrying liquefied
gases in bulk";

"coastal trade of Antigua and Barbuda" means the car-
riage by sea of passengers or goods from any port
or place in Antigua and Barbuda to any other port
or place in Antigua and Barbuda;

"coastal trade ship" means any ship engaged in the
coastal trade of Antigua and Barbuda;

" crew" in relation to a ship includes seamen and
apprentices;

"Director" means the Director of Marine Services
appointed under section 7.

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"foreign ship" means a ship which is not an Antiguan
and Barbudan ship;

"Government ship7' means a ship which belongs to the
Government but does not include a ship which
forms part of the Antiguan and Barbudan defence
force;

"liquefied gas tanker" means a cargo ship constructed
and used for the carriage in bulk of any liquefied
gas listed in the (IMCO) code for the Construc-
tion and Equipment of Ships carrying liquefied
gases in bulk".

( 6 marine officer" in relation to any act or event means
the marine office having authority over the place
at or within which or in relation to which such act
or event takes place and includes the Director, a
Harbour Master and any deputy of or any person
lawfully acting under the instructions or on behalf
of any such officer; and "marine office" means the
principal office of such officer;

" master" includes every person having command or
charge of any ship other than a pilot;

6 6 passenger" means any person carried on board a ship
except-

( a ) a person employed or engaged in any capacity
on board the ship on the business of the ship;

( b ) a person on board the ship either in pursuance
of the obligations laid upon the master to carry ship-
wrecked, distressed or other persons or by reason of any
circumstances which neither the master nor the charter,
if any, could have prevented or forestalled;

(c) a child under one year of age;

"passenger ship" means a ship carrying more than
twelve passengers;

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"pleasure yacht" means a ship however propelled that
is used exclusively for pleasure and does not carry
passengers or cargo for hire or reward; but does
not include a ship that is provided for the transport
or entertainment of lodgers at any institution, hotel,
private hotel, boarding house, guest house and
other establishment;

"Port of Registry" in relation to any ship means the
port at which she is for the time being registered;

L 6 proper officer" means the officer designated by the
Minister to be the proper officer at the port or place
and in respect of the matter to which reference is
made in the provision of this Act in which the
expression occurs;

"Registrar" means the registrar of ships under this Act;

L C salvage7' includes all expenses properly incurred by

the salvor;

'6 seaman" includes every person (except a master or
pilot or a person temporarily employed on the ship
while in port) employed or engaged in any capaci-
ty on board any ship;

"ship" includes every description of vessel used in
navigation and not propelled by oars;

"tanker" means a cargo ship constructed or adapted
for the carriage in bulk of liquid cargoes of an
inflammable nature;

"vessel" means anything constructed or used for the
carriage on, through or under water of persons or
property and includes aircushioned and amphibious
vehicles, hydrofoil craft and hovercraft.

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Administration and Implementation

6 . The Minister shall have general powers for the Minister's
powers. administration and implementation of this Act in addition

to the powers expressly conferred upon him under its various
sections.

7. (1) The Minister shall, by notice in the Gazette, Appointment of
officers. appoint a Director of Marine Services who shall exercise

general supervision over all matters arising under this Act.

(2) The Minister may appoint one or more Deputy
Directors and such other technical and administrative per-
sonnel as may be considered necessary to assist the Director
generally in the discharge of his duties or for the purposes
of particular provisions of this Act or regulations made
thereunder.

8. The Minister may appoint a Registrar of Antiguan Registrar of
Antiguan and and Barbudan ships who shall perform such functions Con- Barbudan ships.

nected with the registration of ships as may be specified by
this Act; and in performance of his functions the Registrar
shall act under the directions of the Director of Marine
Services who shall be the Registrar-General of Antigua and
Barbudan ships.

Registration of Ships-Mortgages-Maritime Liens

Registration of Antiguan and Barbudan Ships

9. (1) A ship shall not be deemed to be an Antiguan ~ ~ ~ ~ ; ; ~ n a ; ~ p s ~
and Barbudan Ship unless:

( a ) she is owned wholly by persons to whom one
of the following descriptions applies;

(i) citizen of Antigua and Barbuda;

(ii) public bodies of Antigua and Barbuda;

(iii) authorised public bodies corporate;

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(6) its acquisition by the owners had the prior
approval of the Minister unless the owners are
specifically exempted from obtaining such approval.

(2) For the purpose of subsection (1) (a) (iii), a body
corporate may be authorised to own ships if:

(a) it is established under and subject to the laws
of Antigua and Barbuda;

( b ) it has its principal place of business in Antigua
and Barbuda;

(c) at least fifty-one percent of its share capital is
held by citizens of Antigua and Barbuda;

(d) the majority of directors, the Chairman of the
Board of Directors and the Managing Director, if any,
are citizens of Antigua and Barbuda. (In the case of
a partnership concern, Antiguan and Barbudan interests
shall be deemed to be predominant in the capital and
in the management, if the majority of the partners are
Antiguan and Barbudan citizens.)

(3) Ships owned by multinational shipping enterprises
or joint ventures between the Government of Antigua and
Barbuda and the government of other member countries of
the Caribbean Community or governments of other foreign
countries, in which the Government of Antigua and Barbuda
has a substantial interest and which are established by Acts
of Parliament may be exempted from compliance with the
requirements of subsections (1) and (2) in order to qualify
for treatment as Antiguan and Barbudan ships.

(4) Anything to the contrary notwithstanding the owner-
ship requirements referred to above may in exceptional cases
be waived by the Minister where-

(i) the vessel meets all other requirements for
registration: and

(ii) it has been satisfactorily demonstrated that
there is a genuine need for such a waiver; and

(iii) the owner of the vessel qualified for, secures
and maintains registration in Antigua and

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Barbuda as a foreign maritime trust or cor-
poration and where he either maintains at all
times an operating office in Antigua and
Barbuda or appoints a qualified resident
business agent in the manner prescribed by
law.

10. (1) Every Antiguan and Barbudan ship including obligation to
register. Government owned ships employed in commercial service,

unless it is a ship which does not exceed 15 tons net, shall
be registered under this Act.

(2) Any ship required to be registered under subsec-
tion (1) but not so registered shall not be recognised as an
Antiguan and Barbudan ship; but any ship registered in
Antigua and Barbuda at the commencement of this Act under
any enactment repealed by this Act shall be deemed to have
been registered under this Act and shall be recognised as
an Antiguan and Barbudan ship.

(3) A ship required to be registered under subsection (1)
may be detained until the master of the ship, if so required,
produces a certificate of registry in respect of that ship.

11. The port of St. John's shall be the port of registry Port of registry.
for Antiguan and Barbudan ships, and the port to which
they belong.

12. The office of the Registrar shall be situated at g;;:.
St. John's.

13. (1) O n completion of the registration of a ship, Ce:tificate
registry.

and upon payment of the fees prescribed the Registrar shall
grant a certificate of registry comprising the particulars
respecting her entries in the register, together with the name
of the master.

(2) The certificate of registry granted by the Registrar
on completion of the registry of a ship shall always be kept
on board the ship and shall be used only for the lawful naviga-
tion of the ship and shall not be subject to detention by reason
of any title, lien, charge or interest whatever, claimed by
any owner, mortgagee or other person on or in the ship.

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(3) If the master or owner of an Antiguan and Barbudan
ship uses or attempts to use for her navigation a certificate
of registry not legally granted in respect of the ship, he is
guilty of an offence and the ship is liable to forfeiture.

(4) Subject to subsection (8), there is payable in respect
of every vessel registered as an Antiguan and Barbudan ship
a registration fee in such amount as may be prescribed.

(5) Subject to subsection ( 8 ) , before the first day of
January in each year there shall be paid to the Registrar
for each Antiguan and Barbudan ship an annual fee of an
amount equal to ten percent of the registration fee then
prevailing.

(6) Where there is a failure to pay an annual fee in
respect of any Antiguan and Barbudan ship, the Registrar
may suspend the certificate of registry of the ship upon
reasonable notice to the owners thereof as shown in the
register.

(7) If more than one net registered tonnage is specified
in the certificate of measurement of an Antiguan and
Barbudan ship, the registration fee and annual fee shall be
calculated by reference to the greatest of these tonnages.

(8) No registration or annual fee is payable under this
section for a vessel that is registered or licensed under the

Cap. 173. Fisheries Act.

Register books. 14. ( 1 ) The Registrar shall maintain the following
books:

(a) register book for merchant ships fitted with
mechanical means of propulsion;

(6) register book for fishing vessels;

(c) register book for sailing ships;

(d) record of boats;

(e) mobile offshore drilling units, barges and
pontoons.

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( 2 ) Entries in the register book and record of boats shall
be made in the prescribed manner.

(3) The property in a ship, vessel or boat shall be divided
into sixty-four shares.

(4) The Registrar shall not be liable to damages or
otherwise for any loss accruing to any person by reason of
any act done or default made by him in his capacity as
Registrar, unless such act was done wilfully or such default
was due to his neglect.

15. Only those individual owners, joint owners, part ~ ~ i ~ r ~ : ~ ~ ~
owners or bodies corporate recorded as owners in the register
books specified in section 14 shall be considered as owners
of the ship or part of it.

. 16. The Registrar shall enter in the book the name F:;Lrs in the
of the ship and such particulars in respect of the ship as may register book.
be prescribed under the regulations to be made under this
Part.

17. (1) The Minister shall make regulations :L;;:;,",K'dfi~h,':~
prescribing: to be registered.

( a ) the class of fishing vessels required to be
registered under this Part;

( 6 ) the class of boats to be entered in the record
of boats.

( 2 ) (a) Every registered fishing vessel shall be lettered
and numbered on each side of her bow and shall show
her port of registry on the stern.

( 6 ) Every boat shall bear on each side a letter for
Antigua and.Barbuda followed by the number under
which it is entered in the record of boats.

18. Where it appears to the Minister that by reason Temporary
passes.

of special circumstances, it would be desirable that permis-
sion should be granted to any ship to pass without being
previously registered from any port or place in Antigua and
Barbuda to any other port or place outside Antigua and
Barbuda the Minister may in those cases in which the ship

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 28) Antigua and Barbuda
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belongs to a country whose laws admit of such temporary
passes, grant a pass accordingly and that pass for the time
and within the limits thereinmentioned shall have the same
effect as a Certificate of Registry.

Licensing of
unregistered

19. The Minister shall make regulations for the
vessels. licensing of ships, vessels or boats exempted from registry

in accordance with the provisions of this Act, in particular,
such regulations shall provide for the following matters:

(a ) the conditions of seaworthiness required for the
issue of the licence and the period of validity of the
licence;

( b ) the particulars to be contained in forms and
certificates to be used in connection with the ships,
vessels or boats and the scale of fees to be charged in
respect thereof;

(c) the case of significant alteration to a licensed
ship, vessel or boat;

(4 the obligation of forwarding a return in case
of a licensed ship, vessel or boat being lost or becom-
ing a constructive total loss;

( e ) penalties for operating, without a valid licence,
ships, vessels or boats which are required to be licensed
under this Act and for forging and fraudulent altering
of certificates;

(f) the authorities empowered to issue licences and
enforce the foregoing regulations.

Survey before 20. (1) The owner of every Antiguan and Barbudan
registry. ship in respect of which an application for registry is made

shall cause such ship to be surveyed by a surveyor and the
tonnage of the ship ascertained in accordance with regula-
tions made by the Minister and those regulations shall be
taken to be the provisions referred to in this Act as the
tonnage regulations of this Act; in making these regulations
the Minister shall have due regard in particular to the
International Convention on Tonnage Measurement of Ships
1969 and may by notification ratify the above Convention.

( 2 ) The surveyor shall grant a certificate specifying the
ship's tonnage and build and such other particulars descrip-

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tive of the identity of the ship as may be prescribed and the
certificate of the surveyor shall be delivered to the Registrar
before registry.

2 1. (1) The owner of an Antiguan and Barbudan ship Marking of ship.
who applies for registry under this Act shall, before registry
cause her to be marked permanently and conspicuously in
the prescribed manner and to the satisfaction of the Registrar
and any ship not so marked may be detained by the
Registrar.

(2) Subject to any other provision contained in this Act
and to the provisions of any rules made thereunder, the owner
and the master of an Antiguan and Barbudan ship shall take
all reasonable steps to ensure that the ship remains marked
as required by this section and the owner or master shall
not cause or permit any of the particulars thereby denoted
to be altered except in the manner provided in this Act or
except to evade capture by the enemy or by a foreign ship
of war in the exercise of some belligerent right.

(3) A fishing boat entered in the fishing boat register
and lettered in accordance with section 17(2) ( a ) need not
have her name marked as required under this section.

22. A person shall not be registered as the owner of Declaration of
ownership.

an Antiguan and Barbudan ship or of a share therein until
he, or in the case of a public body or an authorised body
corporate the person authorised to make declarations on its
behalf, has made and signed a declaration of ownership in
the prescribed form referring to the ship as described in the
certificate of the surveyor and containing such particulars
as may be prescribed.

23. A ship registered outside Antigua and Barbuda ~ ; ; ~ ~ ~ ; ; t ; ~ .
shall not be registered under this Act until her foreign registry
is cancelled.

24. ( 1 ) If at any place outside Antigua and Barbuda Provisional certificate of
a ship becomes entitled to be registered as an Antiguan and registry.
Barbudan ship, an Antiguan and Barbudan diplomatic or
consular officer there may grant to her master, on his
application,. a provisional certificate of registry in the

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prescribed form and shall forward a copy thereof to the
Registrar of Antiguan and Barbudan ships.

( 2 ) Such a provisional Certificate of registry shall be
valid until the expiration of six months from its date or until
the arrival of the ship at the Antiguan and Barbudan port
of registry, whichever happens earlier and on either of these
events happening shall cease to have effect.

Registration of Chartered Bareboats

Registration of
Chartered

25. (1) Notwithstanding sections 9 and 45 a chartered
bareboats. bareboat may be registered as an Antiguan and Barbudan

ship and may use the national colours when registered in
a foreign register, if she is a bareboat chartered by a citizen
of Antigua and Barbuda, or a person other than a citizen
of Antigua and Barbuda, or a body corporate which is either
Antiguan and Barbudan or otherwise.

(2) Notwithstanding section 2 3 , for the purposes of the
registration of a chartered bareboat registered in a foreign
register, it is not required that the registration in the foreign
register be deleted; and the preferred status of the foreign
register remains.

( 3 ) Registration of a chartered bareboat within the
meaning of this Chapter is the registration in the Antiguan
and Barbudan register for such period of time as the Minister
may approve and under futed legal conditions, of a ship which
continues to be registered in a foreign register.

( 4 ) Bareboat chartering within the meaning of this
Chapter is the chartering by virtue of which the charterer,
for an agreed period of time-

(a) acquires full control and possession of the ship,

( b ) has the shipping management and operation
of the ship,

(c) is responsible towards third parties as if he were
the ship owner, and

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generally, so long as the chartering continues, he is substituted
in all respects in place of the shipowner except that he has
no right to sell or mortgage the ship.

26. (1) A chartered bareboat may be registered under zgztiz'
this Chapter on the application of the charterer for such chartered
period as the Minister may approve if- bareboats.

(a) the law of the country of the foreign register
allows registration of chartered bareboats registered in
its register, and

(6) the following duly certified documents are sub-
mitted together with the application-

(i) a copy of the charter agreement in lieu of the
title of ownership and declaration of
ownership;

(ii) the written consent of the ship owner;

(iii) the written consent of the appropriate maritime
authorities of the country of the foreign registry
and containing a confirmation as to the owner-
ship of the ship and as to the mortgages or
other encumbrances of the ship, if any; and

(iv) the written consent of the mortgagees.

27. (1) For purposes of the registration of a chartered Measurement and
fees in respect of bareboat a new measurement of the tonnage of the ship is a chartered

required; and the certificate of survey and the tonnage cer- bareboat.
tificate provided for by this Act shall be issued on the basis
of the corresponding documents of the foreign registry and
the measurement fees provided for by this Act shall be payable
for their issue; but a subsequent alteration of the ship which
affects the tonnage or the description of the ship shall be
affected in accordance with the provisions of this Act relating
to ships registered in the Antiguan and Barbudan register
and shall be notified by the Registrar to the appropriate
maritime authorities of the country of the foreign registry.

(2) For the registration of a chartered bareboat there
shall be paid the fees payable under this Act in relation to
the registration of an Antiguan and Barbudan ship and an
additional fee of twenty percent of such fees or such other

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 28) Antigua and Barbuda
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percentage of such fees as may be determined by the Minister
from time to time.

Name of
registered
chartered
bareboat.

28. ( 1 ) A chartered bareboat shall keep the name
under which it is registered in the foreign register; but such
name may not be the same as that of a ship registered in
the Antiguan and Barbudan register.

( 2 ) The name of a chartered bareboat may be changed
after registration in the Antiguan and Barbudan register if-

(a ) it is effected in accordance with the provisions
of this Act relating to ships registered in the Antiguan
and Barbudan register;

(b) it is on the application of the charterer;

(c) it is with the written consent of the shipowner
and the mortgagees; and

(d) it is notified to the appropriate maritime
authorities of the country of the foreign register.

Certificate of
registration of a

29. ( 1 ) On completion of the registration of a
chartered chartered bareboat under this Chapter, and upon payment
bareboat. of the prescribed fees, the Registrar shall grant a certificate

of registration in a form similar to the certificate of registry
under section 13 comprising the particulars set out in sec-
tion 13(1) together with the particulars of the shipowner, the
charterer, and the foreign register of the ship, and the date
of expiry of the certificate.

( 2 ) Section 57 applies to a chartered bareboat registered
under this Chapter.

Re-registration Of 30. At the expiry of a certificate under section 29,
a chartered
bareboat. a chartered bareboat may be re-registered in the Antiguan

and Barbudan register if the conditions applicable at the time
of the initial registration still apply; and the fees provided
under sections 27 and 32 are payable in respect of such
re-registration.

Mortgages in
respect of

31. ( 1 ) Where a chartered bareboat is registered
chartered under this Chapter, mortgages and other encumbrances
bareboats
registration.

which are a charge on the ship at the time of registration

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Merchant Sh+ping

in the Antiguan and Barbudan register continue to exist and
to be a charge on the ship.

(2) Mortgages and encumbrances referred to in subsec-
tion ( 1 ) continue to be governed by the law of the country
governing them at the time of their creation, and are not
affected by the fact of the registration of the ship in the
Antiguan and Barbudan register; and such mortgages and
other encumbrances shall be recorded in the Antiguan and
Barbudan register for purposes of information only.

( 3 ) After a chartered bareboat has been registered under
this Chapter, a mortgage or encumbrances may be created
over the ship only by the shipowner and in accordance with
the law of the country of the foreign register in which such
mortgage or encumbrances is recorded.

(4) A mortgage in respect of a chartered bareboat
registered under this Chapter may not be registered in the
Antiguan and Barbudan register.

32 . ( 1 ) Where a chartered bareboat is registered fees and
under this Chapter, such ship shall pay the annual fee set
out under section 13(5) and such other dues and charges as
are applicable to ships registered under Chapter 1 .

(2) The fees, dues and charges referred to in subsec-
tion ( I ) , which shall be paid in advance and before the cer-
tificate of registration is granted, shall cover the whole period
for which the chartered bareboat is being registered and are
not refundable even if the registration of such ship is ter-
minated at an earlier date.

33. (1) The Registrar shall de-register a chartered ion of
bareboat registered under this Chapter if- bareboat.

( a ) the charter is terminated;

( 6 ) the period of time of registration approved by
the Minister has expired;

(c) there exists any reason for de-registration under
this Act.

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(2) Where a chartered bareboat is de-registered under
subsection (I), the Registrar shall delete the name of such
ship from the Antiguan and Barbudan register and shall issue
a de-registration certificate.

Transfers, Transmission and Mortgages

Acquisition of 34. (1) No person shall acquire from abroad any ship
ships from
abroad. or any share or any interest therein without the previous

approval of the Minister.

(2) Any ship acquired in contravention of subsection (1)
shall not be eligible for registry as an Antiguan and Barbudan
ship.

Transfer of 35. (1) No person shall transfer or acquire any
Antiguan and
Barbudan ship or Antiguan and Barbudan ship or any share or interest therein
share or interest without the prior approval of the Minister and any transac-
therein. tion effected in contravention of this provision shall be void

and unenforceable.

(2) A ship registered in Antigua and Barbuda or a share
therein shall be transferred only by an instrument in writing
in the prescribed form called bill of sale executed in accor-
dance with prescribed procedure.

Transmission on 36. The property in a ship registered in Antigua and
death or
insolvency, Barbuda or a share therein may be transmitted to a person

on the death or insolvency of any registered owner or by
any lawful means other than by a transfer under
section 35(2).

Mortgage of ship 37. (1) A registered ship or a share therein may be
or share. made a security for a loan or other valuable consideration

by means of mortgage to be executed in the prescribed form
in the prescribed manner.

(2) If there are more mortgages than one recorded in
respect of the same ship or share, the mortgagees shall, not-
withstanding any express, implied or constructive notice, have
priority according to the date on which each mortgage is
recorded in the register book and not according to the date
of each mortgage itself.

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Merchant Shipping

38. Except in so far as may be necessary for making Mortgagee not
deemed to be a mortgaged ship or share available as a security for the

mortgage debt, the mortgagee shall not, by reason of his
mortgage, be deemed to be the owner of the ship or share,
nor shall the mortgagor be deemed to have ceased to be owner
thereof.

39. A registered mortgagee of a ship shall be entitled
to sell or otherwise dispose of the mortgaged ship or share
in order to recover the amount due under the mortgage and
if he sells the ship, he shall hold the proceeds of the sale
in excess of the amount due to him in trust for later mort-
gagees, if any, and the owner, but where there is more than
one registered mortgagee of the same ship or share, a subse-
quent mortgagee shall not, except under the order of a court
of competent jurisdiction, sell the ship or share therein
without the concurrence of every prior mortgagee.

40. A registered mortgage of a ship or share shall not Mortgagee affected by not
be affected by any act of insolvency committed by the mort- ;nsol,ency.
gagor after the date of the record of such mortgage and, sub-
ject to the provisions relating to maritime liens contained
in sections 46 to 48, the mortgage shall be preferred to any
right, claim or interest therein of the other creditors of the
insolvent or any trustee or assignee on their behalf.

41. (1) A registered mortgage of a ship or share may z;;F;e:Lnd
be transferred to any person and the instrument affecting shares.
the transfer shall be in the prescribed form or as near thereto
as circumstances permit, and on the production of such
instrument, the Registrar shall record it by entering in the
register book the name of the transferee as the mortgagee
of the ship or share and shall, by memorandum under his
hand, notify on the instrument of transfer that it has been
recorded by him stating the day and hour of record.

(2) The person to whom any such mortgage has been
transferred shall enjoy the same right of preference as was
enjoyed by the transferor.

42. (1) Where the interest of a mortgagee in a ship ~ ~ ~ ~ ~ s s i o n
or share is transmitted on death or insolvency, or by any
lawful means other than by transfer under section 41, the

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2 8 CAP. 28) Antigua and Barbuda
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transmission shall be authenticated by a declaration of the
person to whom the interest is transmitted containing a state-
ment of the manner in which and the person to whom the
property has been transmitted and shall be accompanied by
the like evidence as is required in case of a corresponding
transmission of the ownership of a ship or share.

(2) The Registrar, on receipt of the declaration and the
production of the evidence aforesaid, shall enter the name
of the person entitled under the transmission in the register
book as mortgagee of the ship or share.

Regulations
relating to

43. The Minister may make regulations establishing
Procedure. the procedure for registration, transfer of ownership,

transmission of property in the ship, execution of mortgages
and other connected matters.

Maritime Liens
Restriction on
de-registration.

44. The Registrar or any other person acting on his
behalf, shall not permit the de-registration of a ship without
the written consent of all the holders of mortgages and
preference rights in the said ship registered under this Act.

Restriction on
registration.

45. A ship which is or has been registered in any state
which has ratified or acceded to the International Conven-
tion for the Unification of Certain Rules relating to Maritime
Liens and Mortgages adopted in Brussels on 27th May, 1967,
shall not be eligible for registration under this Act, unless:

(a) a certificate has been issued by that State to
the effect that the vessel will be de-registered, or

(6) a certificate has been issued by such State to
the effect that the vessel will be de-registered on the day
when such new registration is effected.

Priority of
maritime liens-

46. (1) Notwithstanding the protection enjoyed by
claims secured by a mortgagee under section 42, a maritime lien would take
maritime liens. priority over the mortgages and preferential rights registered

under this Part or arising under the law relating to
bankruptcy and no other claim shall take priority over them

LAWS OF ANTIGUA AND BARBUDA

Antigua and Barbuda (CAP. 28 2 9
Merchant Shipping

except as provided in section 48. For the purpose of this sec-
tion, the claims which give rise to maritime liens are the
following:

(a) wages and other sums due to the master, oficers
and other members of the vessel's complement in respect
of their employment on the vessel;

(b) port, canal and other waterway dues and
pilotage dues;

(c) claims against the owner, based on tort and not
capable of being based on contract, in respect of loss
of or damage to property occurring, whether on land
or on water, in direct connection with the operation of
the vessel;

(6) claims against the owner in respect of loss of
life or personal injury, occurring, whether on land or
on water, in direct connection with the operation.

( e ) claims for salvage, wreck removal and contribu-
tion in general average.

(2) In this section, "owner" includes the charterer,
manager or operator of a vessel.

47. (1) The maritime liens set out in section y;r;i:iority
shall rank in the order listed therein, provided, however, liens.
that maritime liens securing claims for salvage, wreck removal
and contribution in general average shall take priority over
all other maritime liens which have attached to the vessel
prior to the time when the operations giving rise to the said
liens were performed.

(2) The maritime liens set out in each of the sub-
paragraphs (a), (b), (c) and (6) of section 46(1) shall rank
pari passu as between themselves.

(3) The maritime liens set out in sub-paragraph ( e ) of
section 46(1) shall rank in the inverse order of the time when
the claims secured thereby accrued. Claims for contribution
in general average shall be deemed to have accrued on the
date on which the general average act was performed; claims
for salvage shall be deemed to have accrued on the date on
which the salvage operation was terminated.

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Rights of
shipbuilders and

48. In the event that preferential rights are granted,
ship repairer. pursuant to the provisions of the law relating to bankruptcy,

in respect of a vessel in the possession of:

(a) a shipbuilder, to secure claims for the building
of the vessel; or

(b) a ship repairer, to secure claims for repair of
the vessel effected during such possession,

such lien or right of retention shall be postponed to all
maritime liens set out in section 46(1) but may be preferred
to registered mortgages or preferential rights so long as the
ship is in possession of the shipbuilder or the ship repairer,
as the case may be.

Ovcr-riding
nature of

49. ( 1 ) The maritime liens set out in section 46(1)
maritime liens. arise whether the claims secured by such liens are against

the owner or against the demise or other charterer, manager
or operator of the ship.

(2) Subject to the provisions of section 42, the maritime
liens securing the claims set out in section 46(1) follow the
ship notwithstanding any change of ownership or of
registration.

NO lien attaching 50. NO maritime lien shall attach to the ship secur-
to claims related
to radioactive ing claims as set out in subsections ( c ) and (d) of sec-
material. tion 46(1) which arise out of or result from the radioactive

properties or a combination of radioactive properties with
toxic, explosive or other hazardous properties of nuclear fuel
or of radioactive product or waste.

Limitation
pcriod.

51. The maritime liens set out in section 46(1) shall
be extinguished after a period of one year from the time when
the claims secured thereby arose unless prior to the expiry
of such period the vessel has been arrested, such arrest leading
to a forced sale.

Interruption of 52. Prior to the forced sale of a vessel, the executing
limitation period. officer shall give or cause to be given at least thirty days

written notice of the time and place of such sale to-

(a) all holders of registered mortgages and other
preferential rights which have not been issued to bearer;

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(b ) such holders of registered mortgages and rights
issued to bearer and such holders of maritime liens set
out in section 46(1) whose claims have been notified to
the officer;

(c) the Registrar

53. (1) In the event of forced sale of the vessel, all fE:f%r
mortgages and preferential rights except those assumed by
the purchaser with the consent of the holders, and all liens
and other encumbrances of whatsoever nature shall cease
to attach to the ship.

(2) No charterparty or contract for the use of the vessel
shall be deemed a lien or encumbrance for the purpose of
this section.

54. The costs awarded by the Court and arising out Proceeds of sale.
of the arrest and subsequent sale of the vessel and the distribu-
tion of the proceeds shall first be paid out of the proceeds
of such sale. The balance shall be distributed among the
holders of maritime liens under section 46(1), the holders
of preferential rights under section 48 and the holders of mort-
gages and other preferential rights registered under this Part
in accordance with the provisions of this Part and to the
extent necessary to satisfy their claims.

55. (1) When a vessel registered in any State which ;;:hf: the
has ratified or acceded to the International Convention for
the Unification of Certain Rules relating to Maritime Liens
and Mortgages adopted in Brussels on 22nd May, 1967, has
been the subject of a forced sale in Antigua and Barbuda,
the executing officer shall, at the request of the purchaser,
and having ascertained that the provisions of this Part have
been complied with, issue a certificate to the effect that the
vessel is sold free of all mortgages, liens and other encum-
brances, except those assumed by the purchaser, provided
that the proceeds of the said forced sale have been deposited
with the-competent authority to distribute them to the per-
sons entitled to them.

(2) Upon receiving a certificate as described in subsec-
tion ( 1 ) relating to any ship registered under this Act, the
Registrar shall be bound to delete all registered mortgages

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Merchant Shibfiing

and other preferential rights except those assumed by the
purchaser and to register the vessel in the name of the pur-
chaser or to issue a certificate of de-registration for the pur-
pose of de-registration of the ship, as the case may be.

CHAPTER V

National Character and Flag

National colours. 56. (1) The Minister shall by notification declare
what shall be the proper national colours for all ships
registered as Antiguan and Barbudan ships.

(2) Any officer authorised by the Minister in this regard
may board any ship on which any colours are hoisted con-
trary to the provision in subsection (1) and seize and take
away the colours which shall be forfeited to the Government.

Hoisting national 57. An Antiguan and Barbudan ship shall hoist the
colours. national colours;

(a ) on a signal being made to her by any vessel
of the Antiguan and Barbudan navy;

(6) on entering or leaving any Antiguan and
Barbudan port;

(c) on entering or leaving any foreign Port.

Nationality and 58. (1) A customs officer shall not grant clearance
flag to be
declared before to any ship until the master of that ship has declared to that
clearance. officer the name of the country to which he claims that she

belongs and produces in support thereof the relevant cer-
tificate of registry; and that officer shall thereupon inscribe
that name on the clearance.

(2) If a ship attempts to proceed to sea without such
clearance, she may be detained by any customs officer until
the declaration is made.

Unlawful 59. No person on board a ship which is not an
assumption of
Antiguan and Antiguan and Barbudan ship, shall use the Antiguan and
Barbudan Barbudan national colours, unless the assumption of
character.

Antiguan and Barbudan character has been made (the burden
of proving which shall lie on him) for the purpose of escap-
ing capture by the enemy or by a foreign ship of war.

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60. No owner or master of an Antiguan and Concealment Of
Antiguan and Barbudan ship shall knowingly do anything, or permit Barbudan or

anything to be done, or carry or permit to be carried , any assumption of
foreign character.

paper or documents, with the intent to conceal the Antiguan
and Barbudan character of the ship from any person entitled
by any law for the time being in force to enquire into the
same or with the intent to assume a foreign character for
the ship, or with intent to deceive any person so entitled
as aforesaid.

Masters, Officers, Seamen and Cadets

CHAPTER I

Manning and Certificates

6 I. In this Part- Definitions.

"CARICOM country" means a country which is a
member of the ~aribbean Community;

"home trade ship" means a ship registered in Antigua
and Barbuda which trades solely between the following
limits:

North: the parallel latitude of 3 1 degrees;
East the meridian of 50 degrees west;
South the Equator;
West the coastline of Continental America lying

between the Northern and Southern limits
given above.

"Foreign going shipn means a ship registered in
Antigua and Barbuda not being a home trade ship, employed
in trading between any port or place in a CARICOM coun-
try and any other port or place or between ports or places
outside a CARICOM country.

62. (1) Every foreign going ship and every home ~ , " , ~ ~ ~ ~ ~ t ~ f
trade ship, other than fishing vessels, pleasure yachts not officers.
engaged in trade and wooden ships of primitive build, when
proceeding to sea from any port in Antigua and Barbuda,

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shall be provided with officers duly certificated under this
Act acccording to the following scale, namely:

(a) in every case, a duly certificated master;

( b ) if the ship is of 1600 gross registered tons and
over, a master and three deck officers;

(6) if the ship is 200 gross registered tons and over
but under 1600 gross registered tons, a master and two
deck officers;

(d) if the ship is 80 gross registered tons and over
but under 200 gross registered tons operating outside
the Caribbean Community, a master and two deck
officers;

(e) if the ship is powered by main propulsion
machinery of 3000 KW propulsion power or more, a
chief engineer and three engineer officers;

V) if the ship is powered by main propulsion
machinery of 746 KW propulsion power or more but
under 3000 KW, a chief engineer and two engineer
officers;

(g) radio officers as provided for in the Interna-
tional Convention for the Safety of Life at Sea, 1974,
as amended and Article 23 of ITU Radio Regulations.

(2) The Minister may make regulations for carrying
out the purposes of subsection (1) having regard in particular
to the International Conference on the Training and Cer-
tification of Seafarers 1978, and in particular, such regula-
tions may provide for the following matters-

(a) requiring ships to which this section applies to
carry such number of qualified officers of any descrip-
tion, qualified doctors and qualified cooks and such
number of other seamen or qualified seamen of any
description as may be specified in the regulations;

(b) prescribing standards of competence to be
attained and other conditions to be satisfied (subject to
any exceptions allowed by or under the Regulations)
by officers and other seamen of any description in order
to be qualified for the purposes of this section;

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(c) prescribing standards of competence to be at-
tained by manning personnel in respect of ships and
vessels not included in sub-section (1);

(d) the regulations mentioned in this section may
establish different provisions for each description of ships
or for ships of the same description in different
circumstances.

63. An officer shall not be deemed to be duly cer- :zp";,:.Of
tificated under this Act unless he holds a certificate of a grade
appropriate to his station in his ship or of a higher grade
granted in accordance with this Act or any other enactment
in force before the commencement of this Act.

64. Any person who having engaged in any of the UU,";;g:i,d,yd
capacities prescribed under this Part in any such ship as officers.
aforesaid, goes to sea in that capacity without being entitled
to, and without being in possession of, the required certificate,
and any person who employs any person in any of the above
capacities in such ship without ascertaining that he is entitled
to, or possessed of such certificate commits an offence under
this Act.

65. Every certificate of competency granted under this Form of
certificates. Act shall be in the prescribed form and shall be made in

duplicate and one copy shall be delivered to the person
entitled to the certificate and the other shall be kept and
recorded in the prescribed manner.

66. If it appears to the Minister, or any person duly or Power suspend to cancel
authorised by him in this behalf, that the holder of a cer- certificates.
tificate granted under this Act has obtained it on false or
erroneous information, he may cancel or suspend or alter
such certificate; but no order under this section shall be made
unless the person concerned has been given an opportunity
of making a representation against the order proposed.

67. A note of all orders made for cancelling, suspend- Record of Orders.
ing, altering or otherwise affecting any certificate of com-
petency in pursuance of section 66 shall be entered on the
copy of the certificate kept under section 65.

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Loss of
certificates.

68. When a person holding a certificate granted under
this Act proves to the satisfaction of the Minister or any per-
son duly authorised by him in this regard that he has, without
fault on his part, lost or been deprived of such certificate,
a copy of the certificate to which he is entitled in accordance
with the record kept under section 65 and 67 shall be granted
to him on payment of the prescribed fee.

Production of 69. (1) The master of a foreign going ship or the
certificates. master of a home trade ship shall, on signing the agreement

with the crew, produce to the officer before whom it is signed,
the certificates of competency which the master, mate,
engineers and other officers of the ship are required to hold.

(2) If the officer is satisfied that the certificates are such
as the master, mate, engineers and other officers are required
to hold under this Act, he shall give the master a certificate
to the effect that the proper certificates of competency have
been so produced.

(3) No customs officer shall grant clearance to any such
ship outwards without the production of such certificates;
and if any ship attempts to go to sea without clearance, the
Customs officer may detain the ship until the certificate is
produced.

Certificates of
service of naval

70. (1) The Minister may make regulations for the
officers. grant of certificates of service of different grades in the

prescribed form to officers of the Antiguan and Barbudan
Navy without examination and such certificates of service
shall, for the purposes of this Act, be duly recognised as cer-
tificates of competency granted under this Act.

(2) The provisions of this Act, including provisions
relating to penalties, shall apply in relation to a certificate
of service as they apply to a certificate of competency.

Recognition of 71. If an officer holds a certificate of competency or
certificates issued
abroad. service for a foreign going ship issued in the United Kingdom

or in any other country and if the Minister is satisfied that
the conditions under which any such certificates are granted
in that country require standards of competency or service
not lower than those required under this Act for the grant

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of corresponding certificates, he may, by notification in the
Gazette, declare that any certificate of competency or service
issued in that country shall, for the purposes of this Act,
be recognised as equivalent to the corresponding certificate
of competency or service granted under this Act.

72. The Minister shall make regulations to carry out R ~ ~ l a t i o n s
pertaining to

the provisions of this Part relatina to certificates of examinations for -
competency and in particular, such regulations shall pro- certificates O f

competency.
vide for the following matters:

(a) the different grades for which certificates of
competency may be granted;

( b ) the qualifications required of persons desirous
of obtaining certificates of competency for the different
grades;

(c) appointment of persons for the purpose of
examining the qualifications of persons desirous of ob-
taining certificates of competency;

(4 appointment of examiners, determining the date
and place of examination and other matters connected
with the conduct of examinations for certificates of
competency;

(e) provide for the delivery of certificates to suc-
cessful candidates by duly authorised persons;

V) re-examination of candidates where the Minister
has reason to believe that the report of the examiner
has been duly made;

($1 the fees to be paid by candidates appearing for
examinations.

73. The Minister may by notification in the Gazette z:z:it ofrr
constitute an advisory board called the Merchant Navy Train- personnel.
ing Board for the purpose of advising him on the measures
to be taken for the training of merchant navy personnel, and
in particular:

(i) the establishment of training institutions in
Antigua and Barbuda;

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(ii) training of personnel in training institutions
in foreign countries;

(iii) training personnel on board Antiguan and
Barbudan ships;

(iv) training personnel on board foreign ships

Engagement and Discharge of Crews

Manning scale. 74. The Minister may make rules for classifying
seamen, other than ships' officers, into different categories
and prescribe the minimum manning scale of seamen of such
categories for ships and different scales may be prescribed
for ships of different types and sizes.

Qualifications
and physical

75. No seaman may be engaged or carried to sea to
fitness. work in any capacity in any ship unless he possesses the

prescribed qualifications and standard of physical fitness.

Employment on
voyage basis or

76. Seamen may be employed on voyage basis or on
long-term basis. long term basis on running agreement by mutual agreement

between the shipowners and the seamen concerned.

Crew agreement. 77. (1) The master of every Antiguan and Barbudan
ship shall enter into an agreement in accordance with this
Act with every seaman whom he engages and carries to sea
as one of his crew from any port in Antigua and Barbuda.

(2) The agreement made under this section with the
several members of the crew employed on a ship shall be
contained in one document (in this Act referred to as "crew
agreement") except that in such cases as the Minister may
approve:

(a) the agreement to be made under this section
with the members of the crew in a ship may be contained
in more than one crew agreement;

(6) one crew agreement may relate to more than
one ship.

(3) The agreement with the crew shall be in the
prescribed form and shall contain the terms and conditions

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of the employment of the members of the crew, the duration
of the intended voyage, an indication whether the agree-
ment is for one voyage or a running agreement covering
two or more voyages, and such other particulars as may be
prescribed.

(4) Subject to the following provisions of this section,
a crew agreement shall be carried in the ship to which it
relates, whenever the ship proceeds to sea.

(5) The Minister may make regulations providing for
exemptions from the requirements of this section:

(a) with respect to such descriptions of ships as may
be specified in the regulations or with respect to voyages
in such areas or such description of voyages as may be
so specified; or

( b ) with respect to such descriptions of seamen as
may be specified in the regulations.

(6) The Minister may also grant exemptions from the
requirements of this section (whether with respect to par-
ticular seamen or with respect to seamen employed by a
specified person or in a specified ship or in the ship of a
special person) in cases where he is satisfied that the seamen
to be employed otherwise than under a crew agreement will
be adequately protected.

(7) If a ship goes to sea or attempts to go to sea in con-
travention of the requirements of this section, the master
or the person employing the crew is guilty of an offence and
the ship, if in Antigua and Barbuda, may be detained.

78. The stipulations adopted by the parties to the crew Stipulations in
crew agreement.

agreement shall not be contrary to national and international
law relating to wages and conditions of employment of
seamen and masters on board ships.

79. (1) The Minister may make regulations: Regulations
relating to crew

(a) requiring such notice as may be specified in ageemen's.
the regulations to be given to the Director or proper
officer, except in such circumstances as may be so

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specified, before a crew agreement with any person is
added to those contained in a crew agreement;

(b) providing for the delivery to the Director or
proper officer of crew agreements added to those
contained in a crew agreement and of copies of crew
agreements and of agreements so added;

(c) requiring the posting in ships of copies of or
extracts from crew agreements;

(d) requiring the master of every ship, before pro-
ceeding to sea from any port in Antigua and Barbuda,
to produce to the customs officer concerned a certificate
from the Director or proper officer to the effect that the
provisions regarding crew agreement have been duly
complied with;

(e) requiring copies of or extracts from crew
agreements to be supplied to members of the crew
demanding them and requiring copies of or extracts from
documents referred to in crew agreements to be made
available, in such circumstances as may be specified in
the regulations, for inspection by members of the crew;

(f) making it obligatory on the part of the Direc-
tor or proper officer to explain to each member of the
crew the contents of the agreement before he signs it;

(g) requiring any document carried in a ship in
pursuance of section 77 to be produced on demand to
an officer of customs and excise;

(h) prescribing the form of the crew agreement and
the particulars to be entered therein.

(2) The regulations may provide that any person who
contravenes any provision thereof shall be guilty of an offence
under this section.

Discharge of
seamen.

(1) The Minister shall make regulations:

(a) prescribing the procedure to be followed in con-
nection with the discharge of seamen from ships
registered in Antigua and Barbuda;

(6) relating to cases where a seaman employed in
a ship registered in Antigua and Barbuda is left behind

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outside Antigua and Barbuda otherwise than on being
discharged from the ship.

(2) Where a ship registered in Antigua and Barbuda
ceases to be so registered, any seaman employed in the ship
shall be discharged from the ship unless he consents in writing
to continue his employment in the ship. In such a case, the
rules relating to payment of seamen's wages, account of
seamen's wages, wages and accounts, and power of the Direc-
tor or proper oficer to decide disputes about wages contained
in this Part shall apply in relation to his wages as if the ship
had remained registered in Antigua and Barbuda.

81. If a seaman, having signed an agreement, is Compensation to
discharged otherwise than in accordance with the terms r;Eierly
thereof without fault on his part justifying the discharge, and discharged.
without his consent, he shall be entitled to receive from the
master, owner or agent of the ship, in addition to any wages
which he may have earned, due compensation for the damage
caused to him by the discharge, not exceeding one month's
wages if the discharge has taken place before the commence-
ment of the voyage and two months' wages, if it has taken
place after the commencement of the voyage. The compen-
sation payable may be recovered as wages duly earned.

82. (1) The Minister may make regulations for the ~ ~ ~ y ' ~ , ? t ~ ~
recruitment of persons for employment as seamen either seamen. * ,
through any seamen's Employment Office that may be
established by Government or through other suitable
organisations to be duly approved by the Minister.

(2) No person shall receive or accept to be entered on
board any ship in Antigua and Barbuda any seaman unless
he has been supplied in accordance with subsection (1).

(3) A person shall not demand or receive either directly
or indirectly from any seaman, or from any person seeking
employment as a seaman, or from any person on his behalf
any remuneration whatever for providing him with employ-
ment other than the fees authorised by this Act.

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(4) Any person who contravenes the provisions of this
section or the regulations made thereunder is guilty of an
offence.

Restriction on
employment of

83. (1) A person under school-leaving age shall not
underaged be employed in any ship registered in Antigua and Barbuda
persons On except as permitted by regulations under this section.
ship.

(2) The Minister may make regulations:

(a) prescribing circumstances in which and condi-
tions subject to which persons under school-leaving age
who have attained such age as may be specified in the
regulations may be employed in a ship in such capacities
as may be so specified;

( 6 ) prescribing circumstances and capacities in
which persons over school-leaving age but under the
age of eighteen or under such lower age as may be
specified in the regulations must not be employed in
a ship registered in Antigua and Barbuda or may be
so employed only subject to such conditions as may be
specified in the regulations.

(3) Regulations made for the purposes of this section
may make different provisions for different employments and
different descriptions of ships and any other different
circumstances.

( 4 ) If any person is employed in a ship in contraven-
tion of this section or if any conditions subject to which a
person may be employed under regulations made for the pur-
poses of this section are not complied with, the owner or
master is guilty of an offence.

(5) For the purposes of this section a person employed
in a ship shall be deemed to be over school-leaving age if
he has, and under school-leaving age if he has not, attain-
ed the age which is the upper limit of the compulsory school
age in Antigua and Barbuda under the enactments relating
to education in Antigua and Barbuda in which he entered
into the agreement under which he is so employed or, if he
entered into that agreement outside Antigua and Barbuda
or is employed otherwise than under an agreement, under

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the enactments relating to education in Antigua and Barbuda
and if he is treated for the purposes of those enactments as
not having attained that age he shall be so treated also for
the purposes of this section.

84. (1) No child, which expression for the purposes :;pdtp,'nm:,"A O*
of this section, means a person under fifteen years of age, young persons as
shall be employed in any vessel, except upon work approv-
ed and supervised by the Minister on board a school ship
or training ship, or where the Minister certifies that he is
satisfied, having due regard to the health and physical con-
ditions of such child and to the prospective and immediate
benefit to such child of such employment that such employ-
ment will be beneficial to such child, but under no cir-
cumstances shall a child of under fourteen years of age be
so employed.

(2) This section does not apply to a vessel in which only
members of one family are employed.

(3) No young person of fifteen, sixteen or seventeen
years of age shall be employed in any capacity in any ship
unless there has been delivered to the master of the ship a
certificate granted by a duly qualified medical practitioner
certifying that such person is fit to be employed in that
capacity.

( 4 ) Every such certificate:

(a) shall be valid for one year from the date of issue
unless revoked under the provisions of this section; and

( b ) may at any time be revoked by a duly qualified
medical practitioner if he is satisfied that a young per-
son is no longer fit for work.

(5) No 'young person under the age of eighteen years
shall be employed or work on any vessel as a trimmer or
stoker.

85. The provisions relating to the employment of L",';:igi to
children and young persons as seamen shall in no case employment of
derogate from international law in the same field. children and young persons.

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No ousting of
jurisdiction.

86. In no case may crew agreements and contracts
of employment of persons under eighteen on board ship
deprive the courts of Antigua and Barbuda from hearing
and determining disputes relating to them.

Changes in crew
of foreign going

87. ( 1 ) The master of every foreign going ship shall,
ship. before leaving Anti'gua and Barbuda, sign and send to the

Director a fufand accurate statement, in the prescribed form
of every change which takes place in his crew before finally
leaving Antigua and Barbuda and that statement shall be
admissible in evidence.

( 2 ) Any master who fails, without reasonable cause, the
proof whereof shall lie on him, to comply with this section
commits an offence under this section.

Change of
master.

88. ( 1 ) Where, during the progress of a voyage of
a ship, the master is removed, superseded or for any other
reason ceases to have command or charge of the ship, and
is succeeded in the command by some other person, he shall
deliver to his successor the various documents relating to
the navigation of the ship and to the crew thereof which are
in his custody; and if he fails without reasonable cause so
to do he commits an offence under this section.

( 2 ) The successor to every master shall, immediately
on assuming the command of a ship, enter in the official
log book a list of the documents so delivered to him.

Conditions of
service-

89. The Minister shall make such regulations as he
~ i ~ i ~ t ~ ~ to make considers necessary or expedient to provide for the condi-
Regulations. tions of service of those serving in Antiguan and Barbudan

ships and matters connected therewith, and in particular
relating to-

(a) apprenticeship to sea service;

(b ) engagement by foreign ships of Antigua and
Barbuda nationals and of foreign nationals in Antiguan
and Barbudan ships;

(c) qualifications, vocational standards and stan-
dards of physical fitness required of seamen of different
classes;

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(4 the nature of medical examination of seamen,
the authorities by which such examination shall be con-
ducted and the fees payable therefor;

(e) the form and contents of medical certificates and
the period of their validity;

Cf) the implementation of any international con-
vention relating to the employment, welfare, security,
certification or statute of officers and seamen;

(g) the avoidance of agreements made contrary to
such regulations as may be prescribed;

(h ) wages in general, and the rights related thereto
of persons employed in ships registered in Antigua and
Barbuda, securing safe working conditions, health and
welfare for masters and seamen employed in ships;

( i ) fees payable upon engagement and discharge
of seamen;

0) crew's knowledge of English.

Wages

90. ( 1 ) Except as provided by or under this Act or Payment of
seaman's wages. any other enactment, the wages due to a seaman under a

crew agreement relating to a ship shall be paid to him in
full at the time when he leaves the ship on being discharged
therefrom.

(2) If the amount shown in the account delivered to
a seaman under section 91(1) as being the amount payable
to him under subsection (1) of this section is replaced by
an increased amount shown in a further account delivered
to him under section 91(3) the balance shall be paid to him
within seven days of the time of discharge; and if it is not
practicable to pay the whole of the amount shown in the
account delivered to him under section 9 1 ( 1 ) at the time of
discharge, not less than one-quarter of the amount so shown
shall be paid to him at that time and the balance within seven
days of that time.

( 3 ) If any amount which, under the preceding provi-
sions of this section, is payable to a seaman is not paid at

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the time at which it is so payable, the seaman shall be entitled
to wages at the rate last payable under the crew agreement
for every day on which it remains unpaid during the period
of fifty-six days following the time of discharge; and if any
such amount or any part thereof payable by virtue of this
subsection remains unpaid after the end of that period, it
shall carry interest at the rate of twenty percent per annum.

(4) Sub-section (3) does not apply if the failure to pay
was due to a mistake, to a reasonable dispute as to liability
or to the act or default of the seaman or to any other cause,
not being the wrongful act or default of the persons liable
to pay his wages or of their servants or agents, and so much
of that subsection as relates to interest on the amount due
shall not apply if a court in proceedings for its recovery so
directs.

(5) Where a seaman is employed under a crew agree-
ment relating to more than one ship, the preceding provisions
of this section shall have effect in relation to wages due to
him under the agreement, as if for any reference to the time
of discharge there was substituted a reference to the termina-
tion of his employment under the crew agreement.

Account of
seaman's wages.

91. (1) Subject to subsection (4) and to regulations
made under this Part, the master of every ship registered -
in Antigua and ~ a r b u d a shall deliver tb every seaman
employed in the ship under a crew agreement an account
of the wages due to him under that crew agreement and of
the deductions subject to which the wages are payable.

(2) The account shall indicate that the amounts stated
therein are subject to any later adjustment that may be found
necessary and shall be delivered not later than twenty-four
hours before the time of discharge or, if the seaman is
discharged without notice or less than twenty-four hours'
notice, at the time of discharge.

(3) If the amounts stated in the account required
adjustment the person who employed the seaman shall deliver
to him a further account stating the adjusted amounts; and
that account shall be delivered not later than the time at
which the balance of his wages is payable to the seaman under
section 90(2).

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(4) Where a seaman is employed under a crew agree-
ment relating to more than one ship, any account which
under the preceding provisions of this section would be re-
quired to be delivered to him by the master shall instead
be delivered to him by the persons employing him and shall
be so delivered on or before the termination of his employ-
ment under the crew agreement.

(5) If a person fails without reasonable cause to comply
with the preceding provisions of this section, he shall be guilty
of an offence under this section.

92. The Minister shall make regulations which may re plati wages
provide for the following and other connected matter: .,d

(a) authorising deductions to be made from the
wages due to a seaman under a crew agreement (in
addition to any authorised by any provisions of this Act
or of any other enactment for the time being in force)
in cases where a breach of his obligations under the
agreement is alleged against him or where he is disrated
by the master or when such conditions, if any, as may
be specified in the regulations are complied with, or in
such other cases as may be specified in the regulations;

(6) regulating the manner in which any amounts
deducted under the regulations are to be dealt with;

(c) prescribing the manner in which wages due to
a seaman under a crew agreement are to be or may
be paid;

(4 regulating the manner in which such wages are
to be dealt with and accounted for in circumstances
where a seaman leaves his ship in Antigua and Barbuda
otherwise than on being discharged therefrom.

(e) prescribing the form and manner in which any
account required to be delivered by section 91 is to be
prepared and the particulars to be contained therein
(which may include estimated amounts).

93. (1) Where, before the Director or a proper officer :=:for
a question as to wages is raised between the master or owner proper officer to
of a ship and a .seaman, and the amount does not exceed decide disputes

about wages.
one hundred and fifty dollars, the Director or a proper officer

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may, on the application of either party, decide the question
and the decision shall be final; but if the Director or a proper
officer is of the opinion that the question is one which ought
to be decided by a court, he may refuse to decide it.

Restriction on
assignment of

94. (1) Subject to subsections (2) and (3) the follow-
and charge upon ing provisions shall have effect with respect to the wages due

- -

wages. or accruing to a seaman employed i n a ship registered in
Antigua and Barbuda, that is to say:

(a ) the wages shall not be subject to attachment
or arrestment;

(b) assignments of wages before they have accrued
shall not bind the seaman and the payment of the wages
shall be in any case valid notwithstanding any previous
assignment or charge;

(c) a power of attorney or authority for the receipt
of wages shall not be irrevocable.

(2) Nothing in this section shall affect the provisions
of this Act with respect to allotment notes.

(3) Nothing in this section applies to application of
wages:

(a) in the payment of contributions to a fund
designated by regulations made by the Minister;

(b ) in the payment of contributions in respect of
a body designated by regulations made by the Minister.

Power of court to 95. In any proceedings by the master of a ship or
award interest on
wages due person employed in a ship otherwise than under a crew agree-
otherwise than ment for the recovery of any sum due to him as wages, the
under crew
agreement. court, unless it appears to it that the delay in paying the

sum was due to a mistake, to a reasonable dispute as to liabili-
ty or to the act or default of the person claiming the amount
or to any other cause not being the wrongful act or default
of the person liable to make the payment or his servant
or agents, may order them to pay in addition to the sum
due, interest on it at the rate of twenty percent per annum
or such lower rate as the court may specify, for the period
beginning seven days after the sum became due and ending
when the sum is paid.

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96. (1) Subject to the following provisions of this sec- Allotment
tion, a seaman may, by means of an allotment note issued
in accordance with regulations made by the Minister, allot
to any person part of the wages to which he will become
entitled in the course of his employment in a ship or ships
registered in Antigua and Barbuda.

(2) The Minister shall make regulations relating:

(a) to the limitations to which a seaman's right to
make an allotment are subject;

(6) to the form of allotment notes;

( c ) to the right of a person named in an allot-
ment note to sue in his own name.

97. (1) Where the service of any seaman engaged of
under this Act terminates before the date contemplated in service by wreck,
the agreement by reason of the wreck, loss or abandonment etc.
of the ship or by reason of his being left on shore at any
place outside Antigua and Barbuda under a certificate granted
under this Act of his unfitness or inability to proceed on the
voyage, the seaman shall be entitled to receive:

(a) in the case of wreck, loss or abandonment of
the ship;

(i) wages at the rate to which he was entitled on
the date of termination of his service for the
period from the date his service is so ter-
minated until he is returned to and arrived
at a proper return port; provided that the
period for which he shall be entitled to receive
wages shall be not less than one month; and

(ii) compensation for the loss of his effects in the
case of a seaman employed on a home trade
ship, of not less than one month's wages; and
in the case of a seaman employed on a foreign
going ship, of not less than three months'
wages;

(6) in the case of unfitness or inability to proceed
on the voyage, wages for the period from the date his
service is terminated until he is returned to and arrives
at a proper return port.

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( 2 ) A seaman shall not be entitled to receive wages under
subsection ( l ) ( a ) in respect of any period during which;

( a ) he was or could have been suitably employed; or

( 6 ) through negligence he failed to apply to the pro-
per authority for relief as a distressed or destitute
seaman.

(3) Any amount payable by way of compensation under
subsection ( l ) ( a ) ( i i ) shall be deposited with the Director or
proper officer at the port of engagement in Antigua and
Barbuda for payment to the seaman or, in the case of a
deceased seaman, to his legal heirs.

(4) When a ship registered in Antigua and Barbuda is
sold while outside Antigua and Barbuda or ceased to be so
registered and a seaman's employment in the ship is thereby
terminated before the date contemplated in the agreement
under which he is so employed, unless it is otherwise pro-
vided in the agreement, he shall, subject to the following
provisions of this section, be entitled to wages at the rate
payable under the agreement on the date on which his
employment is terminated for the period for which he remains
unemployed, subject to a maximum period of two months.

(5) A seaman shall not be entitled to wages under
subsection (4) for any period for which he was unemployed
if it is shown:

( a ) that the unemployment was not due to the ter-
mination of his employment on the sale of the ship or
its ceasing to be registered in Antigua and Barbuda; or

( 6 ) that the seaman was able to obtain suitable
employment for that period but unreasonably refused
or failed to take it.

Protection of 98. ( 1 ) A seaman's lien, his remedies for the recovery
rights and
remedies. of his wages, his right to wages in case of the wreck or loss

of his ship, and any right he may have or obtain in the nature
of salvage shall not be capable of being renounced by any
agreement.

( 2 ) Subsection ( 1 ) does not affect such of the terms of
any agreement made with the seamen belonging to a ship

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which in accordance with the agreement is to be employed
on salvage service, with respect to the remuneration to be
paid to them for salvage services rendered by that ship.

99. The Minister shall make regulations relating to E,"i;~,:gf,";~~,
claims against seamen's wages for maintenance, and similar etc. of
matters of dependants. dependants.

100. The master of a ship shall have the same rights, Remedies of
master.

liens and remedies for the recovery of his wages as a seaman
has under this Act as well as for the recovery of all
disbursements or liabilities properly made or incurred by
him on account of the ship.

101. (1) A deduction from the wages of a seaman ::'::tion
shall not be allowed unless it is included in the account
delivered in pursuance of section 91, except in respect of a
matter happening after such delivery.

(2) The master shall, during the voyage, enter the
various matters in respect of which the deductions are made,
with the amounts of the respective deductions, as they occur,
in a book kept for that purpose, and shall, if required, pro-
duce the book at the time of payment of wages, and also
upon the hearing before any competent authority of any com-
plaint or question relating to that payment.

102. (1) The right to wages shall not depend on the z;dnoA
earning of freight, and every seaman and apprentice who freight.
would be entitled to demand and recover any wages if the
ship in which he has served had earned freight, &all, sub-
ject to all other rules of law and conditions applicable to the
case, be entitled to demand and recover the same, not-
withstanding the freight has not been earned, but in all cases
of wreck, or loss of ship, proof that the seaman has not exerted
himself to the utmost to save the ship, cargo and stores, shall
bar his claim for wages.

(2) Where a seaman or apprentice who would, but for
death, be entitled by virtue of this section to demand and
recover any wages, dies before the wage is paid, they shall
be paid and applied in the same way as the wages of a seaman
who dies during a voyage.

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Refusal to work. 103. A seaman shall not be entitled to wages for any
time during which he unlawfully refuses or neglects to work
when required, whether before or after the time fixed by
the agreement for his commencement of such work, or for
any period during which he is lawfully imprisoned for any
offence committed by him, unless the court hearing the case
otherwise directs.

Illness caused by 104. Where a seaman is, by reason of illness,
own default. incapable of performing his duty, and it is proved that the

illness had been caused by his own wilful act or default, he
shall not be entitled to wages for the period during which
he is, by reason of the illness, incapable of performing his
duty.

Rate of exchange. 105. Where a seaman is paid in respect of, or on
account of his wages, in a currency other than that specified
in the agreement, payment shall, notwithstanding anything
in the agreement, be made at the rate of exchange for money
specified in the agreement for the time being in force at the
place where the payment is made, and such rate of exchange
shall be endorsed on the agreement by the diplomatic or con-
sular officer at that place.

General. 106. In addition to the powers conferred upon him
under this Part, the Minister may make regulations relating
to wages for those matters which are not expressly mention-
ed under this Part. In no case, however, shall regulations
made by the Minister derogate from national and interna-
tional law relating to wages.

Safeety, Health and Welfare

Safety
regulations.

107. The Minister shall make regulations for secur-
ing, as far as practicable, safe working conditions and safe
means of access for masters and seamen employed in ships
registered in Antigua and Barbuda and requiring the repor-
ting of injuries sustained by them.

Crew
accommodation.

108. (1) The Minister shall make regulations with
respect to the crew accommodation to be provided in ships
registered in Antigua and Barbuda.

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(2) Without prejudice to the generality of subsection (1)
regulations made under this section may, in particular:

( a ) prescribe the minimum space for each person
which must be provided by way of sleeping accommoda-
tion for seamen and apprentices and the maximum
number of persons by whom a specified part of such
sleeping accommodation may be used;

( b ) regulate the position in the ship in which the
crew accommodation or any part thereof may be located
and the standards to be observed in the construction,
equipment and furnishing of any such accommodation;

(c) require the submission to a surveyor of ships
of plans and specifications of any works proposed to be
carried out for the purpose of the provision or altera-
tion of any such accommodation and authorise the
surveyor to inspect any such works; and

(d) provide for the maintenance and repair of any
such accommodation and prohibit or restrict the use of
any such accommodation for purposes other than those
for which it is designed.

(3) Regulations under this section may make different
provisions with respect to different descriptions of ships or
with respect to ships which are registered in Antigua and
Barbuda at different dates or the construction of which was
begun at different dates and with respect to crew accom-
modation provided for seamen of different descriptions.

(4) Regulations under this section may exempt ships
of any description from any requirements of the regulations
and the Minister may grant other exemptions from any such
requirement with respect to any ship.

( 5 ) Regulations made under this section may require
the master of a ship or any officer authorised by him for
the purpose or any officer duly authorised in this regard by
the Minister to carry out such inspections of the crew
accommodation as may be prescribed by the regulations.

(6) If the provisions of any regulations made under this
section are contravened in the case of a ship, the owner or

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master is guilty of an offence under this section and the ship
if in Antigua and Barbuda, may be detained.

(7) For the purposes of this section, "crew accommoda-
tion" includes sleeping rooms, mess rooms, sanitary accom-
modation, hospital accommodation, recreation accommoda-
tion, store rooms and catering accommodation provided for
the use of seamen but does not include any accommodation
which is also used by or provided for the use of passengers.

(8) In no case the regulations made under this section
shall derogate from the standards and requirements laid down
in the Convention of the International Labour Organisa-
tion concerning crew accommodation on board ship ( 9 2 of
1949) as amended by the Convention ( 1 3 3 of 1970).

Regulations.

Welfare of
seamen.

109. The Minister shall make regulations relating to:
( a ) provisions and water;

( b ) maintenance on board of power weights and
measures for serving provisions and other articles;

( c ) medical stores;

(d) medical treatment on board ship;

(e) expenses of medical treatment, etc., during
voyage;

(f) procedure to be followed by the seamen in lodg-
ing complaints with the appropriate authorities in regard
to matters provided by the regulations;

(g) periodical inspection by duly authorised officers
to secure compliance with this section.

0 . ( 1 ) The Minister may by notification in the
Gazette, constitute an advisory board to be called the National
Welfare Board for the purposes of advising the Minister on
the measures to be taken for promoting the welfare of seamen
and make regulations regarding the constitution and func-
tions of the Board.

( 2 ) The Minister may make regulations relating to
welfare measures for seamen such as sickness insurance,

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medical care, compensation for death or injury, protection
of seamen in respect of litigation and other connected matters.

(3) The Minister may appoint a Seamen's Welfare
Officer to look after the welfare of seamen.

Provisions as to Discipline

1 . If the master or any member of the crew of a Endangering
safety of ship or ship, registered in Antigua and Barbuda by wilful breach of persons on

of duty, or by neglect of duty, or by reason of drunkenness: board.

(a ) does any act tending to the loss or destruction
of or serious damage to the ship, or tending to endanger
the life of or cause injury to any person belonging to,
or on board, the ship; or

(b ) refuses or omits to do any lawful act proper
and requisite to be done by him for preserving the ship
from immediate loss, destruction or serious damage, or
for preserving any person belonging to, or on board,
the ship from immediate danger to life or from injury;

he commits an offence.

112. A seaman or apprentice engaged on an Antiguan
and Barbudan ship who commits any of the following acts discipline.
is guilty of an offence-

(a) if he quits the ship without leave after her arrival
at a port and before she is placed in security;

(b) if he is guilty of wilful disobedience to any lawful
command;

( c ) if he assaults the master or any mate or officer
of the ship;

(d) if he combines with any of the crew to disobey
lawful commands or to neglect duty or to impede the
navigation of the ship or the progress of the voyage;

(e) if he wilfully damages his ship or dishonestly
misappropriates or converts to his own use, or commits
criminal breach of trust in respect of or wilfully damages,
any of her stores or cargo;

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V) if he commits an act of smuggling whereby loss
or damage is occasioned to the master or owner of the
ship.

Refusal to serve
on unseaworthy

3 . Notwithstanding anything contained in the
ship. regulations issued under section 1 1 2 , a seaman or appren-

tice who refuses to join the ship or proceed to sea, if the
ship on which he is engaged or to which he belongs is
unseaworthy, shall not be deemed to have committed an
offence against discipline; provided that the seaman or
apprentice has, before refusing to do so, complained to the
master, the Director or the proper officer that the ship is
unseaworthy.

Trade disputes
involving

4 . (1) Notwithstanding anything in any agreement
seamen. a seaman employed in a ship registered in Antigua and

Barbuda may terminate his employment in that ship by leav-
ing the ship in contemplation or furtherance of a trade
dispute after giving to the master not less than forty-eight
hours' notice of his intention to do so, and shall not be com-
pelled (unless the notice is withdrawn) to go to sea in the
forty-eight hours following the giving of such notice; but such
a notice shall be of no effect unless at the time it is given
the ship is in Antigua and Barbuda and securely moored
in a safe berth.

(2) In this section "trade dispute" has the same mean-
Cap. 27. ing as in Section A5 of the Antigua and Barbuda Labour

Code.

Entry of offences 115. If any offence, within the meaning of this Act,
in log-book.

of desertion or absence without leave or against discipline is
committed, or if any act of misconduct is committed for which
the offender's agreement imposes a fine, and it is intended
to enforce the fine-

(a) an entry of the offence or act shall be made
in the official log-book and signed by the master and
the mate or one of the crew;

(b) the offender, if still in the ship, shall, before
the next subsequent arrival of the ship at any port or
if she is at the time in port before her departure
therefrom, either be furnished with a copy of the entry

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or have the same read over distinctlv and audiblv to
him, and may thereupon make such reply thereto as
he thinks fit;

(c) a statement of a copy of the entry having been
so furnished, or of the entry having been so read over,
and in either case, the reply, if any, made by the offender
shall likewise be entered and signed in manner aforesaid;
and

(d) in any subsequent legal proceedings the entries
by this section required shall, if practicable, be produc-
ed or proved, and, in default of that production or proof,
the court hearing the case may, in its discretion, refuse
to receive evidence of the offence or act of misconduct.

1 1 (1) Any seaman, who on or before being Offence of
making false engaged wilfully and fraudulently makes a false statement

of the name of the ship on which he served last, or wilfully
and fraudulently makes a false statement of his own name,
commits an offence.

(2) Any fine imposed pursuant to subsection (1) may
be deducted from any wages which the seaman may earn
by virtue of his engagement as aforesaid, and shall, subject
to reimbursement of the loss and expenses, if any, occasioned
by any desertion previous to the engagement, be paid and
applied in the same manner as any other fine under this Act.

117. If it is shown to the satisfaction of the Registrar :,";$;;zo;f
that a seaman is unfit to discharge his duties, whether by discharge.
reason of incompetence or misconduct or for any other reason
or has been seriously negligent in the discharge of his duties,
the Registrar may direct that the Seaman's Certificate of
discharge which entitles him to work as seaman and which
shall be prescribed under the regulations to be made under
section 80 relating to discharge of seamen shall be withheld
for such period as may be specified in the direction.

1 18. The Minister shall make regulations relating gsz;:; make
to-

(a) disqualification of holder of certificate other than
officers;

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( 6 ) inquiry into fitness or conduct of seamen other
than officers.

CHAPTER VI

Relief and Repatriation of Seaman Left Behind

Maintenance and 119. ( 1 ) Where a seaman or apprentice serving in
repatriation of
seamen left a ship registered in Antigua and Barbuda-
behind.

( a ) is left behind in any country outside Antigua
and Barbuda or is taken to such a country on being
shipwrecked;

( b ) is discharged without his consent at a port out-
side Antigua and Barbuda before the expiration of the
period for which the seaman was engaged or appren-
tice was bound;

(c) is discharged at a port outside Antigua and
Barbuda by reason of transfer of registry or sale of the
ship as provided for in section 97(4);

the master or owner of the ship shall, in addition to any
other relative obligation imposed on either of them by this
Act, make adequate provision for the maintenance of the
seaman or apprentice and for the return to a proper return
port.

(2) The provision to be made may include, in the case
of a ship-wrecked seaman or apprentice, the repayment of
expenses incurred in bringing him ashore and maintaining
him until he is brought ashore and the payment of the
expenses of the burial or cremation of a seaman or appren-
tice who dies before he can be returned.

(3) The provisions of subsections (1) and (2) relating
to the liability of the master or owner of a ship in respect
of a seaman or apprentice left behind or discharged in a coun-
try outside Antigua and Barbuda shall also apply in respect
of a seaman or apprentice who was signed on under an agree-
ment entered into outside Antigua and Barbuda and is left
behind or discharged in Antigua and Barbuda owing to oc-
currences mentioned in paragraphs (a ) to (c) of subsection ( 1 ) .

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(4) If the master or owner fails, without reasonable
cause, to comply with subsection (l), the expenses of
maintenance and of the journey to the proper return port
shall, if defrayed by the seaman or apprentice, be recoverable
as wages due to him and, if defrayed by an Antiguan and
Barbudan diplomatic 6r consular officer, be regarded as
expenses falling within the scope of section 120.

120. The Antiguan and Barbudan diplomatic or con- Relief of
distressed sular officer at or near the place where the seaman or sea,an.

apprentice is in distress shall, on application being made to
him by the distressed seaman or apprentice, provide, in
accordance with the regulations made under this Act, for
his return to a proper return port and also for his maintenance
until his arrival at such port.

12 1. (1) The Minister shall make regulations relating R&$;,""re,ief
to grant of relief to distressed seamen or apprentices and .f distressed
provide for matters which are not covered by the preceding seaman.
sections of this Chapter, and in particular, such regulations
may provide for the following matters:

(i) the extent of relief and the conditions on which
it is granted to distressed seamen;

(ii) recovery of expenses incurred on Government
account on relief and repatriation of a dis
tressed seaman from the owner or agent of the
ship concerned and the seaman concerned;

(iii) the limit of the shipowner's liability for relief
and repatriation expenses;

(iv) determining the proper return port to which
the distressed person is to be returned;

(v) requiring the master of an Antiguan and
Barbudan ship to convey a distressed person
to a proper return port and for enabling a
superintendent or proper officer to give the
master directions for that purpose;

(vi) for the making of payments in respect of the
conveyance of a distressed person;

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(vii) for the keeping of records and rendering of
accounts.

(2) Any person contravening any of the regulations
made under this section shall be guilty of an offence.

CHAPTER VII

Property of Deceased Seamen
Definition. 122. For the purpose of this Act, the property of a

deceased seaman or apprentice shall mean the wages and
other monies due to a seaman or apprentice at the time of
his death and other effects belonging to him.

Regulations
relating to

123. (1) The Minister shall make regulations pro-
property of viding for the custody of and dealing with:
deceased seaman.

(a) any property left on board a ship registered in
Antigua and Barbuda by a seaman dying while or after
being employed in the ship;

(b) any property left in a country outside Antigua
and Barbuda by a seaman dying while or within six
months after being employed in such a ship; and

(c) any property left in a country outside Antigua
and Barbuda by a citizen of Antigua and Barbuda dying
while or within six months after being employed as a
seaman in a ship registered outside Antigua and
Barbuda.

(2) In particular, and without prejudice to the generality
of the foregoing power, such regulation may provide for the
following matters:

(a) the obligations of masters of Antiguan and
Barbudan ships to:

(i) report the death of a seaman or apprentice
occurring during a voyage to the next-of-kin
and to the Registrar or proper officer when
the port of engagement is in Antigua and
Barbuda or to the Antiguan and Barbudan
diplomatic or consular officer concerned when
the port of engagement is outside Antigua and
Barbuda;

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(ii) deliver and pay the property of the deceased
seaman or apprentice to the Registrar or pro-
per officer in Antigua and Barbuda or the
Antiguan and Barbudan diplomatic or con-
sular officer, as the case may be;

(6) authorising the Registrar or proper officer in
Antigua and Barbuda or the Antiguan and Barbudan
diplomatic or consular officer, as the case may be, to
sell, if he thinks fit, the personal effects of a deceased
seaman or apprentice and deal with the proceeds of such
sale in the prescribed manner.

(c) requiring the masters of ships to record par-
ticulars and render accounts in regard to the property
of a deceased seaman or apprentice in the prescribed
manner;

(d) requiring the Registrar or proper officer to
deliver the property of a deceased seaman or appren-
tice to the rightful claimants and the procedure to be
followed in effecting such delivery;

(e ) the manner of recovering property of a deceased
seaman or apprentice through court proceedings;

Cf) disposal of unclaimed property of a deceased
seaman or apprentice.

CHAPTER VIII

Log-Books

124. (1) An official log-book shall be kept in the E;;;enance and
prescribed form in every Antiguan and Barbudan ship except custody log.-
a home trade ship of less than two hundred tons gross. b"k.

(2) The Minister shall prescribe forms of official log-
books which may be different for different classes of ships
so that each such form shall contain proper places for the
entries required by this Act.

(3) The official log-book may, at the discretion of the
master, be kept distinct from or united with the ordinary
ship's log so that in all cases the spaces in the official log-
book be duly filled up.

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(4) An entry required by this Act in an official log-book
shall be made as soon as possible after the occurrence to which
it relates, and if not made on the same day as that occur-
rence, shall be made and dated so as to show the date of
the occurrence and of the entry respecting it and if made
in respect of an occurrence happening before the arrival of
the ship at her final port of discharge, shall not be made
more than twenty-four hours after that arrival.

(5) Every entry in the official log-book shall be signed
by the master and by an officer or some other member of
the crew and also, if it is an entry of illness, injury or death,
shall be signed by the surgeon or medical practitioner on
board, if any.

( 6 ) Every entry made in an official log-book in the man-
ner provided by this Act shall be admissible in evidence.

Entries required
in official log-

125. The master of a ship for which an official log-
book. book is required shall enter or cause to be entered in the

official log-book the following matters, namely:

(a) every conviction by a court of competent
jurisdiction of a member of his crew and the punish-
ment inflicted;

(6) every offence committed by a member of his
crew for which it is intended to prosecute or to enforce
a forfeiture or to exact a fine together with such state-
ment concerning the copy or reading over of that entry
and concerning the reply, if any, made to the charge
as required by this Act;

(6) every offence for which punishment is inflicted
on board and the punishment inflicted;

(d) a statement of the conduct, character and
qualifications of each of his crew and a report on the
quality of his work or a statement that he declines to
give an opinion on the quality of his work together with
a statement of his reasons for so declining;

(e) every case of illness or injury happening to a
member of the crew with the nature thereof and the
medical treatment adopted, if any;

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(n every refusal of a member of the crew to take
anti-scorbutics or medicines;

@) every birth of a child and death of a person
happening on board his ship together with such par-
ticulars of those occurrences as may be prescribed;

( h ) every marriage taking place on board with the
names and ages of the parties;

(2) the name of every seaman or apprentice who
ceases to be a member of the crew otherwise than by
death with the place, time, manner and cause thereof;

the wages due to any seaman or apprentice who
dies during the voyage and the gross amount of all
deductions to be made therefrom;

(k) the money and other property taken over of
any seaman or apprentice who dies during the voyage;

(I) the sale of the effects of any seaman or appren-
tice who dies during the voyage including a statement
of each article sold and the sum received for it;

(m) every collision with any other ship and the cir-
cumstances under which the same occurred and other
accidents causing damage to the ship or cargo;

( n ) the date and time of posting up in the ship of
a notice containing particulars of the ship's draught and
freeboard; and

( 0 ) any other matter directed by this Act.

126. (1) The master of every ship to which sec- D!?::z-Eok
tion 124 applies other than a ship whose crew is engaged .,d radio-book
on a running agreement, shall, within forty-eight hours after ; ~ ~ ~ i ? ~ , " ~ ~ to
the ship's arrival at her port of destination in Antigua and
Barbuda or upon the discharge of the crew, whichever first
happens, deliver or transmit the official log-book and radio
log-book of the voyage to the Director before whom the crew
is discharged.

( 2 ) The owner or master of a ship who fails without
reasonable cause to comply with this section is guilty of an
offence.

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Delivery of
official log-book

127. (1) Where, by reason of transfer of ownership
to Director when Or change of employment of a ship, the official log-book ceases
not required. to be required in respect of the ship or to be required at

the same date, the master or owner of the ship shall, if the
ship is then within Antigua and Barbuda within one month,
and if she is elsewhere, within six months after each cessa-
tion deliver or transmit to the Director the official log-book
and the agreement with the crew duly made out to the time
of the cessation.

(2) If a ship is lost or abandoned, the master or owner
thereof shall, if practicable, and as soon as possible, deliver
or transmit to the Director the official log-book duly made
out to the time of the loss or abandonment.

(3) The owner or master of a ship who fails, without
reasonable cause, to comply with this section is guilty of an
offence.

Offence in
respect of log-

128. (1) If an official log-book is not kept in the man-
book. ner required by this Act, or if any entry directed by this

Act to be made therein is not made at the time and in the
manner directed by this Act, the master of the ship is guilty
of an offence.

(2) Any person who makes, or procures to be made,
or assists in making an entry in an official log-book in respect
of any occurrence happening previous to the arrival of the
ship at her final port of discharge more than twenty-four
hours after that arrival is guilty of an offence.

(3) Any person who wilfully destroys or mutilates or
renders illegible an entry in an official log-book, or wilfully
makes or procures to be made or assists in making a false
or fraudulent entry in, or omission from, an official log-book,
commits an offence.

R k h t s and Duties of Master

Rights and duties 129. The master shall exercise command of the vessel
of master. and have, among others, the following rights and duties:

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(a) he shall be responsible for maintaining order
and discipline on board;

(6) he shall assume full responsibility for the safe-
ty of the vessel, passengers, crew and cargo, and shall
take all necessary and appropriate steps in this behalf;

(c) he shall assume full responsibility for naviga-
tion at all times and he is bound to be in personal con-
trol of the vessel when entering or leaving ports, canals
and rivers and also while within port areas and the
employment of a pilot or tug boat on such occasions,
as required under the local laws, does not relieve him
of his responsibility for the safety of the vessel;

(4 he shall take care at the beginning of and dur-
ing the voyage that the vessel is seaworthy in all respects,
that the cargo has been properly loaded and secured
and that all reasonable measures have been taken to
protect the cargo from damage, pilferage or loss;

( e ) while away from home port, the master shall
have authority, if necessary, to raise loans and enter
into contracts in the name of the owners or take such
other steps as may be considered necessary, for carry-
ing out repairs, for supplying the vessel with bunkers,
provisions, stores and similar articles in order to avoid
detention to the vessel on its voyage;

(f) he shall see that the ship's log-books are pro-
perly and correctly maintained and shall keep in his
custody the log-book and all other ships' documents;

Cp) he shall render, so far as he can do so without
exposing his vessel and persons on board to serious
danger, every assistance to vessels and persons in distress
at sea as required under section 140;

(h ) in the event of the vessel encountering foul
weather or any other accident during a voyage causing
damage to or loss of cargo, he shall, at the next port
of call, file a marine protest with the prescribed authority
giving a detailed description of the accident;

(1 ) when the ship is at sea, the master is authoris-
ed to-

LAWS OF ANTIGUA AND BARBUDA

66 CAP. 28) Antigua and Barbuda
Merchant Shippin
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