‘File 5/201 Manumission of slaves and rules relating to cases arising out of the pearling industry’ [‎13v] (33/50)

RULES REGULATING DUTIES AND OBLIGATIONS OF NAKHUDAS AND SAILORS.
Rule 11. Claims of Naklmdas against sailor. Counter
claim of sailor against Nakhuda.
(a) Claim denied before writing " barwah."
(6) Claim denied after writing " barwah
Rule 12. Old outstanding claims of Nakhuda against
sailors.
Nakhuda A engages sailor B who 'previously worked for
Nakhuda C. C claims his dues from A, hut B alleges a
counterclaim against C.
If B denies C's claim, C must prove it by his account
books, supported by witnesses, or by oath before the
Shara' or by the production of witnesses who were
present when C settled with B.
If his claim is so proved A must pay up C's claim.
Usually the sailor B would not be believed.
After first asking why the sailor was so foolish as to
accept a false " barwah the Salifah, if inclined to
believe him, would call for the " barwah " held by C
and if he finds the amount specified therein against
the sailor is considerable, he will enquire how the
claim came to be so large by having the Nakhuda's
books produced and the account between C and B
gone over carefully, as a sailor does not require a
large sum for his living expenses.
If C alleges he has paid previous claims of Nakhudas
against B the " Salifah " should check this by C's
account books, and his production of previous " bar-
wahs " and then give a decision after it has been
satisfactorily demonstrated.
If the matter cannot be settled as above it mast go be
fore the Shara' and be settled, after production of
account books, on oath.
Nakhuda A has sailors Bb indebted to him dispersed in
different towns {debts may he as old as 20 years) and
sailor may no longer be coming to him for advances
nor bringing him letters from their chiefs asking him
to give Bb advances.
Bb embark with Nakhuda C and happen to meet A.
C may arrange by mutual agreement to settle A's claim
by instalments or if this is impracticable C will return
Bb to A and A will pay up C's claims.
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Note (J): —The above rules apply also to simple cases as
between A and B.
N'ote (2);—If a sailor B applies to Nakhuda A for an ad
vance saying that he has been a sailor of C but is not
in C's debt, A must not rely on B's statement but must
accept whatever C says.
Note (i):—No claims can be made on the sea as it may lead
to disputes and fighting. A must lay his claims on
shore for settlement on their merits before the Salifah
Court.
Note (2): —Should C produce a certificate from B or Bb's
chief as regards instalments, etc., such a certificate is
no bar to the recovery of old debts according to the
diving rule (in this instance) and C is bound to pay
what is due to A.