History of merchant shipping and ancient commerce, Volume 3 (of 4)Lindsay, W. S. (William Schaw)
History
History of merchant shipping and ancient commerce, Volume 3 (of 4)
Lindsay, W. S. (William Schaw)
Commerce -- History; Shipping -- History; Steam navigation -- History
The several modes in which seamen’s contracts are executed, are the
hiring by the month or by the voyage so long as it shall continue,
or for a share of the profits, or of the freight earned in certain
voyages. The American law invests the master with the sole government
of his ship and the absolute right of direction, subject to the
legal consequences of any abuse of his powers. He may enforce his
authority by the infliction of punishment upon the crew, but, should
he exceed these limits, he is liable, by a Statute of the United
States, to an action for damages in the Civil Courts, and to a criminal
prosecution. The measure of punishment proportioned to the offence is
to be ascertained by the special circumstances of the case; but all
punishments must be inflicted with proper instruments. Hence, while
the master has power to punish a seaman and to imprison him on board,
to prevent a violation of the order and peace of the ship, he must be
prepared to show that such measures were necessary.
The duties of mate, as laid down by the United States, resemble those
of other countries. In the absence or death of the master he takes his
place, exercising a general superintendence over the affairs of the
ship. But his ordinary duties are confined to calling the attention
of the master to everything requiring his notice, to the receipt and
stowage of cargo, and to whatever is necessary for the proper equipment
and sailing of the vessel while at sea. The mate is also required
to keep the log-book, wherein he is bound to enter every matter of
importance, such as the courses steered, the winds, and state of the
weather, with many other minute details connected with the navigation
of the ship. If he is guilty of such negligence as to involve the loss
of his cargo, he alone is responsible; and if he interferes with the
responsibility, of others he renders himself responsible. Thus, if he
undertakes, while in harbour, the removal of any merchandise, resulting
in loss, the amount may be deducted from his wages, it being the rule,
that the wharfinger is responsible for the safe delivery of all goods
on board the vessel.
[Sidenote: Provision for seamen.]
Public-domain text, read in full here on John Shaqi.
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