Merchant Shipping Act 1894

Desertion and absence without leave.

221

221.—If a seaman lawfully engaged, or an apprentice to the sea service, commits any of the following offences he shall be liable to be punished summarily as follows:—

(a) F112[]

(b) If he neglects, or refuses without reasonable cause, to join his ship, or to proceed to sea in his ship, or is absent without leave at any time within twenty-four hours of the ship’s sailing from a port, either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason from his ship or from his duty, he shall, F113[] be guilty of the offence of absence without leave, and be liable to forfeit out of his wages a sum not exceeding two days pay, and in addition for every twenty-four hours of absence, either a sum not exceeding six days pay, or any expenses properly incurred in hiring a substitute F113[].

Annotations:

Amendments:

F112

Deleted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(a)(i), commenced on enactment.

F113

Deleted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(a) (ii) and (iii), commenced on enactment.

Modifications (not altering text):

C40

Application of para. (b) affected (30.01.1948) by Merchant Shipping Act 1947 (46/1947), s. 6, S.I. No. 33 of 1948. A fine of £10 translates into a Class E fine, not exceeding €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 8, table ref. no. 6, S.I. No. 662 of 2010.

Fine on conviction of offence of absence without leave.

6.—A seaman who is guilty of the offence of absence without leave specified in paragraph (b) of section 221 of the Principal Act shall, without prejudice to the provisions of that paragraph, be liable on summary conviction of the offence to a fine not exceeding ten pounds.