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[Cites 0, Cited by 0] [Section 137] [Entire Act]

Union of India - Subsection

Section 137(2) in The Merchant Shipping Act, 1958

(2)The owner, master or agent who has authorised the drawing of an allotment note shall pay to the shipping master on demand the sums due under the note, and, if he fails to do so, the shipping master may sue for and recover the same with costs:Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court trying the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid, but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the Court either by the official statement of the change in the crew caused by his absence made and signed by the master as by this Act is required, or by a certified copy of some entry in the official logbook to the effect that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such other evidence of whatever description, as the Court may consider sufficient.