Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Distressed Seamen's Regulations, 1961

Annexures

Annexure B : Order for the Conveyance of a Distressed Seaman
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Annexure B

T.V. 5/243

REPUBLIC OF SOUTH AFRICA

 

DEPARTMENT OF TRANSPORT-MARINE DIVISI0N

 

ORDER FOR THE CONVEYANCE OF A DISTRESSED SEAMAN

(Section 155 of Act 57/1951)

 

1.To the master of the ship _________________________at the port of _____________________________

 

Official No. of ship                                                                                                                    

 

Port of registry of ship                                                                                                            

 

Owner of ship                                                                                                                            

 

You are hereby required to receive on board your ship and to convey in accordance with the provisions of section 155 of Act 57/1951, the undermentioned seaman to the port of ____________________________.  You will be paid at the rates specified on the final page of this form.

 

Dated at                                       this               day of _________________19_______

 

OFFICIAL STAMP.

 

 

______________________________                                                              
Signature of Proper Officer                                 Designation of Proper Officer

 

Names of Seaman to be conveyed

(In block letters)

Place of Birth of Seaman

Date of Birth of Seaman

Race and Nationality

No. of Seaman's Record Book

Home Address of Seaman

Proper Return Port (i.e the final port of destination of seaman)

 

 

 

 

 

 

 

 

 

 

 

2.Particulars regarding voyage during which seaman became distressed and circumstances relating to such distress.

 

(a) Particulars of Last Voyage

(b)  Place of Discharge or leaving behind of Seaman and Date

Name of Ship

Official No.

Port of Registry (or nationality)

Port where Seaman was Engaged and Date

Port where Voyage was to Terminate and Date

Rank or Rating of Seaman

Wages of Seaman

 

 

 

 

 

 

 

 

 

 

 

 

(c) Cause of Discharge or leaving behind of Seaman

Desertion

Absence without Leave

Imprisonment for Misconduct

Discharge by Maritime Court on ground of Misconduct

Illness (state nature of and whether due to own wilful act of default or own mis- behaviour)

Injury (state nature of and whether due to own wilful act or default or own mis- behaviour)

Termination of Agreement

Mutual Consent

Other Causes (specify)

 

 

 

 

 

 

 

 

 

 

 

 

 

3.Statement of wages of seaman, and expenses incurred by proper officer.
(a)Particulars of wages paid to proper officer and credited to Secretary.

 

 

Rand

Cent

 

Rand

Cent

Wages—

Amount

 

 

Deductions—

Advances

 

 

 

 

Less total deductions

 

 

Other (specify)

 

 

 

 

Net Balance

 

 

Total Deductions

 

 

NOTE: -Insert "NONE" if wages not deposited.

 

(b)Particulars of expenses incurred by proper officer.

 

 

Rand

Cent

 

 

 

 

Total

 

 

 

 

4.Declaration to be made by master of conveying ship before the proper officer at the port to which the seaman is conveyed.

 

Name of Ship

Official No.

Port of Registry

Name of Master

Complement of Crew

 

 

 

 

 

 

 

 

 

 

No. of Crew while Distressed Seaman was being conveyed

Date when Maintenance on Board commenced

Place where Distressed Seaman Landed (if not landed, cause to be stated)

Date when Distressed Seaman landed or otherwise disposed of

Number of Days Distressed Seaman was maintained

 

 

 

 

 

 

 

 

 

 

I hereby declare that the distressed seaman recorded in this order form was maintained by me for the period stated and that during the whole of that period I had my full complement of crew (except_____________________), exclusive of the aforesaid seaman.

 

                                                   

Signature of Master

 

Declared before me ____________________ on this _______ day of ___________________19_____

 

 

Port _____________________

 

 

OFFICIAL STAMP

                                                       

Signature of Proper Officer

 

5. Claim for expenses incurred by master of ship for medical attendance and extra diet in respect of the distressed seaman.

 

Nature of Illness

Dates on which Medical Attendance was given

Dates on which extra Diet was given

Number of Days

Wine and Spirits Supplied

Total Amount Due

Description

Price

 

 

 

 

 

 

 

 

 

 

Rand

Cent

Rand

Cent

 

 

I hereby acknowledge receipt of the medical attendance, etc., stated herein.

 

 

Date____________________________                                                      

Signature of Seaman

 

Certified in accordance with the official log-book.

 

 

__________________________________________________________
Signature of MasterSignature of Medical Practitioner

 

Date ____________________________

 

6.Certificate of the proper officer at the port where the distressed seaman is landed, and receipt of master for conveyance.

 

No. of Days Maintained

Rate per Day

Amount

I hereby certify that the amount of ___________is due for the conveyance of the distressed seaman.

 

 

 

OFFICIAL DATE STAMP

 

 

Port ___________________

 

 

________________________

Signature of Proper Officer

 

 

Rand

Cent

 

 

 

 

 

 

 

 

Suez Canal dues which when payable

 

 

Medical attendance, etc., as in division 5

 

 

TOTAL

 

 

 

 

I hereby acknowledge receipt of the sum of __________________as shown above.

 

 

Port _____________________________

 

_________________________________

Signature of Master

Date ____________________

 

 

7.Balance of wages.

 

 

Rand

Cent

 

Rand

Cent

Wages—

 

Expenses—

 

 

Balance of wages as stated in division 3

(a)Return port expenses—

     Rail fare to

 

 

Less total deductions (a) and (b)

 

 

Maintenance charges, etc.

 

 

 

 

 
(b) Deduction for expenses mentioned in division 6

 

 

BALANCE DUE TO SEAMAN

 

 

TOTAL DEDUCTIONS

 

 

 

 

(NOTE. Deductions are only to be made in cases of desertion, absence without leave, imprisonment for misconduct from ship by a maritime court on the ground of misconduct, discharge by mutual consent, and in cases of illness or injury of the seaman's own wilful act or default or own misbehaviour).

 

I declare that I am proceeding to the following address ________________________________________________________________________________________________________________________

 

I acknowledge receipt of the amount of ______________ being the balance of wages due to me.

 

 

Date _______________________________________________________

Signature of Seaman

 

Place                                                                            

 

Summary—

Rand

Cent

Port ____________________
(a)Conveyance expenses as under division 4

 

 
(b)Expenses as in division 5

 

 
(c)Return port expenses as in division 7

 

 
(d)Wages

 

 

TOTAL

 

 

 

 

INSTRUCTIONS TO BE OBSERVED

 

1.It is most important that the particulars in division 2 of this form shall be correct as they form the basis of settlement with seaman when landed.

 

2.The seaman's effects, discharge book and account of wages (if any) shall accompany him.

 

3.Entries shall be made in the official log-book of the receipt on board of the seaman and of any medical attention or comfort given and of his disembarkation.

 

4.If the seaman is transferred to any other ship, the particulars, with the date of transfer and the ship's name, shall be entered at the time of transfer in the official log-book of both ships.

 

5. On arrival at the port to which the seaman is conveyed, the master shall arrange for him to be taken to the proper officer.

 

6.Responsibility for the payment of the claim will not be accepted unless the seaman is produced or adequate reasons furnished to show why this cannot be done.

 

7.In special cases where in the opinion of the medical practitioner, the health of a seaman conveyed under this order demands medical attention, extra diet or wines, entries shall be made in the official log-book of the days on which such attendance, etc., was given and signed by the master and medical practitioner who shall complete division 5 in order, to obtain the allowance  of 10c a day granted in cases where seamen have required such attendance or extra diet, and payment of wines supplied under the order of the medical practitioner.

 

8. Deductions shall only be made in cases of desertion, absence without leave, imprisonment for misconduct, discharge from ship by a maritime court on the grounds or misconduct, discharge by mutual consent, and in cases of illness or injury due to the seaman's own wilful act or default or own misbehaviour.

 

9.The conveyance rates prescribed are as follows:—

 

 

Per Day
(a) Masters, navigating and engineer officers (certificated and uncertificated), medical practitioners, chief pursers, chief stewards, radio officers,  apprentice-officers and cadets, when diet and accommodation superior to that usually afforded distressed seamen, otherwise same as (b)

R1,00
(b)Other White members of crew

R0,75
(c)Non-White members of crew subsisted on a diet different to the diet for Whites

R0,40

 

10.A separate form shall be used for each seaman.

 

11.Proper officers are required to satisfy themselves from the ship's papers that claims in respect of expenses incurred by the master are correct before making payment to the master under division 6 or to the seaman under division 7. In cases where they are not satisfied, the matter shall be referred to the Secretary.