Merchant Shipping Act 1894
Payment over of property of deceased seamen by Board of Trade.
176.—(1) Where any property of a deceased seaman or apprentice comes into the hands of the Board of Trade, or any agent of that Board, the Board of Trade, after deducting for expenses incurred in respect of that seaman or apprentice or of his property such sum as they think proper to allow, shall, subject to the provisions of this Act, deal with the residue as follows:—
(a) If the property exceeds in value one hundred pounds, they shall pay and deliver the residue to the legal personal representative of the deceased
(b) If the property do not exceed in value one hundred pounds, the Board may as they think fit either pay or deliver the residue to any claimant who is proved to their satisfaction to be the widow or a child of the deceased, or to be entitled to the personalty of the deceased either under his will (if any) or any statute of distribution or otherwise, or to be a person entitled to take out representation, although no such representation has been taken out, and shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or
(c) They may, if they think fit, require representation to be taken out, and pay and deliver the residue to the legal personal representative of the deceased.
(2) Every person to whom any such residue is so paid or delivered shall apply the same in due course of administration.
Annotations:
Modifications (not altering text):
C29
Application of subs. (1)(b) extended (10.03.1954) by Consular Conventions Act 1954 (10/1954), s. 12(1), commenced on enactment.
Powers of consuls in relation to wrecked ships and property of deceased seamen.
12. —(1) Where it appears to the Minister for Industry and Commerce that any person to whom any money or other property of a deceased seaman may be paid or delivered under paragraph (b) of subsection (1) of section 176 of the Merchant Shipping Act, 1894 (which relates to the disposal of property not exceeding one hundred pounds in value) is resident in a consular convention country, he may pay or deliver the money or property to a consular officer of that country on behalf of that person and the provisions of that section shall have effect accordingly.
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C30
Application of ss. 169-181 extended (1.06.1907) by Merchant Shipping Act 1906 (6 Edw. 7) c. 48, s. 29, commenced as per s. 86(2). Note effect of Merchant Shipping Act, 1906, Adaptation Order 1942 (S.R.& O. No. 484 of 1942).
Property of seaman dying on a ship the voyage of which does not terminate in the United Kingdom.
29. The provisions of Part II of the principal Act, relating to the property of deceased seamen shall be extended so as to apply to seamen belonging to a British ship registered in the United Kingdom, the voyage of which is to terminate out of the United Kingdom, and in that case the British consular officer at the port at which the voyage terminates, or, if the port is in a British possession, the officer of customs there, shall exercise the same powers as he may exercise under those provisions when a ship the voyage of which is to terminate in the United Kingdom touches and remains for forty-eight hours at a port elsewhere than in the United Kingdom, and those provisions shall apply accordingly.