Seaman - Law Dictionary Search Results
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seaman Sailors, mariners and persons whose business is navigating ships or who are connected with the ship and in some capacity assist in its conduct, maintenance or service. Source: FindLaw ...
Seaman
Seaman, is a person who assists in the navigation and operation of a vessel at sea; a sailor or mariner, especially, one below the rank of officer, Black's Law Dictionary, 7th Edn., p. 1351.Means any person forming part of the crew of any ship, but does not include the master of the ship. [Workmen's Compensation Act, 1923, s. 2(1)(k)]...
Able-bodied seaman
Able-bodied seaman. See A.B....
Advance note
Advance note. A draft on the owners of a ship or their agents issued by the captain to a seaman for a sum not exceeding a month's wages payable to the seaman's order after the sailing of the ship, provided he goes to sea pursuant to his agreement. (Merchant Shipping Act, 1894, s. 140)...
Shipman
A seaman or sailor...
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Seamen
Seamen, persons engaged in navigating ships, barges, etc., upon the high seas. Those employed for this purpose upon rivers, lakes, or canals are denominated watermen.The (English) Merchant Shipping Acts, 1894 and 1906 (57 & 58 Vict. c. 60, and 6 Edw. 7, c. 48), contain numerous and elaborate provisions. In Part II. of the Act of 1894 there are regulations as to engagement and discharge of seamen, and payment of their wages. The Act also (s. 168) gives power to a Court to rescind a contract between owner or master, and seaman or apprentice, where a proceeding is instituted in the Court in relation to a dispute between them, protects (ss. 212-219) seamen from imposition, and (ss. 198-210) protects them in the matter of provisions, health, and accommodation. As to seamen's allotment notes, see (English) Merchant Shipping (Seamen's Allotment) Act, 1911 (1 & 2 Geo. 5, c. 8). Part III. of the Act of 1906 deals with seamen's food, and Part IV. contains provisions for the relief and repatriati...
Nuncupative Will
Nuncupative Will, a verbal testament depending merely upon oral evidence, being declared by the testator in extremis before a sufficient number of witnesses and after wards reduced to writing, 2 Bl. Com. 500.The (English) Statute of Frauds, 29, Car. 2, c. 3, restricted nuncupative wills, except when made by mariners at sea, and soldiers in actual service. Nuncupative wills are abolished by the (English) Wills Act, 1837, s. 9, but with a proviso by s. 11 that any soldier being in actual military service, or any marine or seaman being at sea, may dispose of his personal estate, as he might have done before the making of this Act. A will made by a soldier under s. 11 accordingly requires no attestation, and s. 15, avoiding gifts to attesting witnesses, has no application to such a will [Re Limond, (1915) 2 Ch 240]. The Wills (Soldiers and Sailors) Act, 1918, slightly enlarges the class of persons to whom s. 11 applies (s. 2), and extends the right to make wills, without the formalities re...
Marinarius
Marinarius, a mariner or seaman, Par. Antiq....
Experts
Experts, referred in Indian Evidence Act, 1872 (1 of 1872), s. 45.The witnesses who give evidence upon matters of their own professional knowledge, as distingui-shed from particular matters of fact, e.g., professed judges of handwriting, foreign lawyers as to foreign law (see Re Turner, 1906 WN 27), or doctors as to the effects of drugs or poisons. The admissibility of such evidence rests upon the maxim cuilibet in sua arte est credendum.Regarding Court Experts, see R.S.C.Ord. XXXVIIA. An arbitrator under the (English) Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), cannot by virtue f Schedule I. (5) of that Act hear expert witnesses except by direction of the Minister of Agriculture and Fisheries. See Best on Evidence; as to privilege of expert on handwriting, see Seaman v. Netherclift, (1876) 2 CPD 53; and as to the caution with which well-paid expert evidence is to be accepted as proof, see per Jessel, M.R., in Lord Abinger v. Ashton, (1873) LR 17 Eq. 358....
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