Foreign Merchant Shipping (Agreements) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-177.pdf
Published: 1932

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Foreign Merchant Shipping (CAP. 177 1
(Agreements)

CHAPTER 177

THE FOREIGN MERCHANT SHIPPING
(AGREEMENTS) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Engagement of seamen. .
4. Notice of engagement of Commonwealth Caribbean

country seaman to be given to seaman's country.
5. Expenses of repatriation etc., of Commonwealth

Caribbean country seamen recoverable on behalf
of the seaman's country.

6. Penalty.
7. Penalties etc. recoverable. summarily.
8. Saving as to the Merchant Shipping Acts of the United

Kingdom.
9. Expenses.

10. Certificate to be prima facie evidence.

LAWS OF ANTIGUA AND BARBUDA

Foreign Merchant Shipping (CAP. 177 3
(Agreements)

FOREIGN MERCHANT SHIPPING (AGREEMENTS)

2011932.

1511961.
1811989.

S . I . 3911989.

1. This Act may be cited as the Foreign Merchant short title.
Shipping (Agreements) Act.

2. In this Act- Interpretation.

"Commonwealth Caribbean country" means Antigua
and Barbuda, Barbados, Belize, the Common-
wealth of Dominica, Grenada, the Co-operative
Republic of Guyana, Jamaica, Saint Kitts and
Nevis, Saint Lucia, Saint Vincent and the
Grenadines, the Republic of Trinidad and Tobago,
Anguilla, the British Virgin Islands, Montserrat,
and any dependency of any such country;

"foreign port" means any port or place outside the limits
of Antigua and Barbuda;

"foreign ship" means a ship registered in a place not
in the Commonwealth;

"Master" includes owner, agent or consignee, except
in this section in the definition of "seaman";

l < proper return port" means either the port at which
a seaman was shipped or a port in the country to
which he belongs;

1' seaman" includes any native of Antigua and Barbuda
or of any other Commonwealth Caribbean country
(except the Master) employed or engaged in any
capacity on board any ship;

6 < ship" means every description of vessel used in naviga-
tion not propelled by oars, and includes a foreign

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 177) Fore& Merchant Shipping
(Agreements)

ship but does not include a ship registered and
owned in Antigua and Barbuda.

Engagement of 3. (1) It shall not be lawful for the Master of any
seamen. foreign ship proceeding from any port in Antigua and

Barbuda, to a foreign port, to engage any seaman to serve
on board any such ship without the sanction of a Harbour
Master.

(2) The sanction of the Harbour Master shall not be
given to any such engagement on board a foreign ship unless
the Master of such ship shall enter into a bond with good
and sufficient sureties, with the Harbour Master at the port
where the seaman is to be engaged, in such sum, not
exceeding three thousand dollars in respect of every such
seaman, as the circumstances of the case shall require, for
the repayment of all expenses incurred for the relief,
maintenance, medical attendance and repatriation of any such
seaman to a proper return port in the event of such seaman
being shipwrecked, discharged or left behind in a foreign
port or otherwise becoming distressed within the meaning

6 Edw. 7 c. 48. of section 40 of the Merchant Shipping Act, 1906, or any
Regulations made thereunder:

Provided that no liability shall attach under such bond
in respect of any seaman shipwrecked, discharged or left
behind in the country to which he belongs.

Notice of
engagement of

4. In every case in which a seaman (being a native
~ ~ ~ ~ ~ ~ ~ ~ a l t h of a Commonwealth Caribbean country other than Antigua
Caribbean
country seaman

and Barbuda) is engaged to serve on board any ship, notice
to be given to of such engagement and of the bond (if any) entered into
seaman's under this Act shall be given to the Government of such
country.

country.

Expenses of
repatriation etc.,

5 . In the event of any seaman referred to in section
of 4 being repatriated direct to the country to which he belongs,
Commonwealth a11 expenses incurred by or on behalf of the Government
Caribbean
country seaman of S U C ~ country in relation to such repatriation may be
recoverable On recovered by the Government of Antigua and Barbuda for
behalf of the
seaman's and on behalf of the Government of such other country.
country.

LAWS OF ANTIGUA AND BARBUDA

Foreign Merchant Shipping (CAP. 177 5
(Ap-eements)

6. The Master of any ship shall be liable to a pen- Penalty.
alty not exceeding three thousand dollars for every seaman
engaged in contravention of this Act.

7. All sums of money payable under this Act and all ~ ~ ~ ~ ~ ~ b ; t ~ .
penalties imposed thereunder may be recovered summarily s,mm,,ily.
before any Magistrate exercising jurisdiction in Antigua and
Barbuda.

8. Nothing in this Act contained shall be deemed to g;:;fa;; to the
affect the provisions of the Merchant Shipping Acts of the Shipping ~~t~ of
United Kingdom with respect to the repatriation of distress- the United

Kingdom.
ed seamen.

9. All expenses incurred in carrying out the provi- Expenses.
sions of this Act shall be paid out of funds provided by
Antigua and Barbuda.

10. The signature of the Minister to any document :;:?;:$ be
containing a statement of the amount due under the pro- eviaen,e.
visions of this Act shall, without proof of his signature, or
of any other matter or thing, be deemed in all Courts to
be prim2 facie evidence of the amount claimed being in every
particular correct.