Malaysia legislation

Section 47

of Merchant Shipping Ordinance 1960

Section 47

(1)

Where a seaman is discharged from a North Borneo ship and the settlement of his wages completed before the Superintendent he shall sign in the presence of the

Superintendent a release of all claims in respect of the past voyage or engagement; and the release shall also be signed by the master or owner of the ship and attested by the

Superintendent.

(2)

The release so signed and attested shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement.

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(3)

The release shall be retained by the Superintendent and, on production from his custody, shall be admissible in evidence in the manner provided by this Ordinance.

(4)

Where the settlement of a seaman’s wages is by this Chapter required to be completed through or in the presence of the Superintendent, no payment, receipt or settlement made otherwise than in accordance with this Chapter shall operate as, or be admitted as, evidence of the release or satisfaction of any claim.

(5)

Upon any payment being made by a master before the Superintendent, the

Superintendent shall, if required, sign and give to the master a statement of the whole amount so paid; and the statement shall, as between the master and his employer, be admissible as evidence that the master has made the payments therein mentioned.

(6)

A seaman may except from the release signed by him under this section any specified claim or demand against the master or owner of the ship, and a note to any claim or demand so excepted shall be entered upon the release.

(7)

Such release shall not operate as a discharge or settlement of any claim or demand so noted, nor shall subsection (4) apply to any payment, receipt or settlement made with respect to any such claim or demand.

Decision of questions by Superintendent.

Section 47 — Merchant Shipping Ordinance 1960 | mylaw.my