8
such a case, therefore, you should not hesitate to use your powers under Sections 32,33,45 and 47 of the Merchant hipping Act, 1906, to prevent, so far as possible, undesirable developments after the seamen's discharge; and the Board presume that in any future similar case you would regard the discharges as being made under Sections 32 and 33, 1906, on termination of the agreement, and not, as in the case of the "Darro" and "Desna", as by mutual consent. If, however, in such a case the discharges are treated as being by mutual consent, you should follow closely Paragraph 131 of the Instructions to Consuls (Merchant shipping and seamen) 1930, so as to prevent the seamen from falling into distress on their way home.
In the meantime the Board are instructing the Superintendents, of Mercantile Marine Offices in this country and Consuls at ports in the home trade area that in any future similar instance, the Officer before whom a crew is engaged for discharge abroad, besides explaining carefully to the seamen the terms of any repatriation clause inserted in the agreement with the crew, should point out to the owners or their representatives that, notwithstanding such clauses, the ultimate disposal of the men will rest with the proper authority at the port of discharge, in accordance with the provisions of the Merchant Shipping Act, 1906 quoted above, under which the expenses of carrying cut the decision of the proper authority will fall upon the shipowners.
Copies of this correspondence are being sent for the information and guidance of His Majesty's Consuls at maritime posts in Japan and at Shanghai.
I am, sir,
Your obedient Servant,
G. E. BAKER.