Merchant Shipping Act, 1906

Definitions of “proper authority” and “seamen.”

49. For the purposes of this Part of this Act, unless the context otherwise requires,—

(1) The expression “proper authority” means—

(a) as respects a place out of His Majesty's dominions, the British consular officer, or, if there is no such officer in the place, any two British merchants resident at or near the place, or, if there is only one British merchant so resident, that British merchant; and

(b) as respects a place in a British possession—

(i) in relation to the discharge or leaving behind of seamen, or the payment of fines, a superintendent, or, in the absence of any such superintendent, the chief officer of customs at or near the place; and

(ii) in relation to distressed seamen the governor of the possession, or any person acting under his authority; and

(2) The expression “seamen” includes not only seamen as defined by the principal Act, but also apprentices to the sea service:

(3) The provisions of this Part of this Act shall, for the purpose of sections two hundred and sixty to two hundred and sixty-six of the principal Act (which relate to the application of Part II. of that Act), be construed as if they were contained in Part II. of that Act.