Section 148: Right of suing on allotment notes

(1)
A person in whose favour an allotment note under this Part of this Act is made may, unless the seaman is shown, in the manner specified in this Act, to have forfeited or ceased to be entitled to the wages out of which the allotment is to be paid, recover the sums allotted, when and as the same are made payable, with costs from:
(a)
the owner of the ship with respect to which the engagement was made; or
(b)
from any agent of the owner who has authorised the allotment, in the same court and manner in which wages of seaman not exceeding twenty thousand Naira may be recovered under this Act.
(2)
The spouse of a seaman who deserts the children or misconducts himself or herself in such a way as to be undeserving of support from his or her spouse, shall forfeit all rights to further payments under any allotment made in his or her favour.
(3)
In any proceedings for recovery under subsection (1) of this section, it shall be sufficient for the claimant to prove that he is the person mentioned in the note, and that the note was given by the owner or by the master or some other authorised agent.
(4)
A seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the court by:
(a)
the official statement of any change in the crew caused by the seaman's absence, made and signed by the master, as required by this Act;
(b)
a certified copy of an entry in the official log-book to the effect that the seaman has left the ship;
(c)
a credible letter from the master of the ship to the effect that the seaman has left the ship; or
(d)
such other evidence as the court, in its absolute discretion, may consider sufficient to show satisfactorilly that the seaman has ceased to be entitled to the wages out of which the allotment is to be paid.