Deceased Seamen's Estates Declarations




THE NEW ZEALAND GAZETTE. 963

subject to the provision contained in Article II., be
paid to the legal representative of the deceased ac-
cording to the law of the nation of the ship or
territory where the property is at the time of the
decease.

In cases where a deceased seaman has signed
articles either as an Italian or as a British subject, as
the case may be, but the Government into whose
possession his effects come is not satisfied of his
nationality, that Government shall equally protect
his property, and shall send an account of it, and its
value, and of all information in the possession of that
Government relating to the deceased, to the other
Government as soon as possible, and shall deliver the
property to the other Government immediately on
receiving its assurance that there is no doubt that the
deceased was a subject of it.

ARTICLE II.

If the deceased shall have served in the Royal
Navy of Great Britain, any assets which may be
payable by the British Admiralty shall be dealt with
according to the law of Great Britain.

ARTICLE III.

The term "seaman" in this Declaration includes
every person (except masters and pilots) employed
or engaged in any capacity on board any merchant-
ship, or who has been so employed or engaged within six
months before his death, and every person (not being
a commissioned, warrant, or subordinate officer,
or assistant engineer), borne on the books of, or
forming part of the complement of any public ship
of war.

The term "Consul" includes Consul-General, Con-
sul, Vice-Consul, and Consular Agent, and every
person for the time being discharging the duties of
Consul-General, Consul, Vice-Consul, or Consular
Agent.

In witness whereof the undersigned have signed
the present Declaration, which shall come immedi-
ately into operation, and have affixed thereto the
seal of their arms.

Done at London, the seventeenth day of April,
1877.

(L.S.) DERBY.
(L.S.) R. DE MARTINO.

Declaration between Great Britain and Denmark,
relative to the Disposal of the Estates of Deceased
Seamen of the two Nations.

Signed at London, 11th April, 1877.

THE Government of Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, and
the Government of His Majesty the King of Den-
mark, being desirous to make arrangements as to the
disposal of the estates of deceased seamen of the
two nations in certain cases, the undersigned, duly
authorized to that effect, have agreed as follows:—

ARTICLE I.

If any British seaman dies on board a Danish ship,
or whilst serving on board a Danish ship within Dan-
ish territory; or if, on the other hand, any Danish
seaman dies on board a British vessel, or whilst
serving on board a British vessel within British
territory, the Governments of Denmark and of Great
Britain respectively shall provide, as far as possible,
for the protection, without loss or injury, of any
estate belonging to such deceased seaman.

In the case of a British seaman dying as aforesaid,
the Danish Government shall cause the estate, if not
exceeding £50 in value, to be delivered as soon as
possible after the decease, to the British Consul at
the Danish port where the decease occurs; or if the
decease does not occur at a Danish port, but on
Danish territory, to the British Consul nearest to
the place where such decease occurs, or where the
estate may be; or if such decease occurs at sea on
board a Danish vessel, to the British Consul at the
first Danish port at which the vessel arrives after
such decease.

In the case of a Danish seamen dying as afore-
said, his estate, if not exceeding £50 in value, shall,
subject to the provision contained in Article II., be
delivered by the British Government, as soon as
possible, to the Danish Consul of the district to
which the vessel may belong.

When the estate exceeds £50 in value, in the
event of there being no person at hand who, within
the period of six months, proves to be rightfully
entitled to administer to the estate of the deceased
seaman, the Consuls-General or Consuls of either
State in whose jurisdiction such decease shall take
place, shall, subject to the provision contained in
Article II., have the power to take possession of and
administer to the estate of such deceased seaman.

If any British seaman, whilst serving on board a
Danish ship, dies within British territory, or if, on
the other hand, any Danish seaman, whilst serving
on board a British ship, dies within Danish territory,
then the estate (if any) belonging to such deceased
seaman shall, after deducting the expenses incurred,
be paid over to the nearest Consul of the nation to
which the ship belongs, in order that he may cause it
to be, under observation of the aforesaid regulations,
delivered to the competent authority in the country
of the deceased seaman.

In the event of a seaman of one nation serving on
board a ship of the other nation, and dying in the
territory of a third nation, any estate of such
deceased seaman (which may have been received by
the Consul at the port where such death may have
taken place of the nation to which the ship belongs)
shall, after deducting the expenses incurred, be paid
over to the Consul of the other nation at the same
port.

In cases where a deceased seaman has signed
articles either as a Danish or as a British subject, as
the case may be, but the Government into whose
possession his estate comes is not satisfied of his
nationality, that Government shall equally protect
his estate, and shall send an account of it, and its
value, and of all information in the possession of that
Government relating to the deceased, to the other
Government as soon as possible, and shall deliver the
estate to the other Government immediately on re-
ceiving its assurance that there is no doubt that the
deceased was a subject of it.

ARTICLE II.

If the deceased shall have served in the Royal
Navy of Great Britain, any assets which may be pay-
able by the British Admiralty shall be dealt with
according to the law of Great Britain.

ARTICLE III.

The term "seaman" in this Declaration includes
every person (except masters and pilots) employed or
engaged in any capacity on board any merchant-ship,
or who has been so employed or engaged within six
months before his death, and every person (not being
a Commissioned, Warrant, or Subordinate Officer,
or Assistant-Engineer) borne on the books of, or
forming part of the complement of any public ship
of war.

The term "estate" includes all "property, wages
due, money, and other effects" left by a deceased
seaman on board a ship.

The term "Consul" includes Consul-General,
Consul, and Vice-Consul, and every person for the



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1877, No 81





✨ LLM interpretation of page content

🌏 Publication of Despatch regarding Deceased Seamen's Estates Declarations (UK/Italy & UK/Denmark) (continued from previous page)

🌏 External Affairs & Territories
17 April 1877
Declaration, Deceased Seamen, Estates, Nationality, Italy, Great Britain, Royal Navy
  • DERBY
  • R. DE MARTINO

🌏 Declaration between Great Britain and Denmark relative to the Disposal of the Estates of Deceased Seamen of the two Nations

🌏 External Affairs & Territories
11 April 1877
Declaration, Deceased Seamen, Estates, Great Britain, Denmark, Shipping, Wages