"ملف 5/201 عتق الرقيق والقواعد المتعلقة بالقضايا الناشئة عن صناعة صيد اللؤلؤ" [و‎‎١‎٣] (٥٠/٣٢)

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Rule 10. Engagement by Nakhudas of indebted sailors'
responsibility for their debts. (See also Rule
9).
Nakhuda A engages sailor B {not an inhabitant of A's
town) and is told that B belongs to Nakhuda C but has
not worked for C for the last 3 or 4 years, and it is
not known if C has claims against B. B afterwards dies
{either before or after working for A).
Nakhuda A engages sailor B {not an inhabitant of A's
town) thinking that no one has a claim against B;
before B starts for the "pearl fishery C, a former master,
lodges a claim against B'.
A can settle C's claim by mutual agreement to pay up
by instalments the whole of B's debt. If C agrees
to tHis, A retains the services of B ; otherwise C must
pay up A's claim against B and remove B.
B has already started with A to the fisheries, and C lodges
a claim against B with land Nakhuda D {1) who fitted
out A's boat.
Bahrain and Shargah note :—■
" A is responsible for C's claim and must settle it. C
must prove it by his oath in support of his
account book or by other means
Kuwait note :—
'' This rule only holds good when A has been pre
viously informed of C's claim on B, and consi
ders that if B dies before C informed A, then A
is not responsible for C's claim
Bahrain Note :—
" (1) In any of the above cases, the acceptance of
' tisqam ' by B from C entitles C to keep B, in
which case A's claim must be settled on its
merits, settlement being postponed till next
season, when A and C will have to meet and try
to settle the matter.
" (2) If the diver is a local man his previous Nakhuda
C should have given him a ' barwah
" If the diver is from another town, Nakhuda A must
make enquiries with a view to ascertaining
whether the diver has any deb Is to any other
nakhuda
Shargah Note :—
" D must settle C's claim or write to A to surrender
B, failing which B must be returned to C at the
end of the season. In this case B's debts to C
have preference over B's debts to A, until the
former are paid but A may advance money in
moderation to B
Bahrain Note :—
" D is not responsible in such cases."
Kuwait Note :—
" D is not responsible in such cases, but D will tell A
of C's claim at once, and at the end of the pearling
season A will settle C's claim and keep B ".
(1) " Land nakhuda " = the merchant or pearl dealer who advances money to sailors and mans a boat for diving work.
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