History of merchant shipping and ancient commerce, Volume 3 (of 4) — John Shaqi
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 seaman, on his side, by the act of signing the “Shipping Articles,”
contracts to do all in his power for the welfare of the ship; engages
that he has competent knowledge for the performance of the duties of
the station for which he contracts; to be on board at the precise time
which, by American law, constitutes a part of the articles; and to
remain in the service of the ship till the voyage has been completed.
If he does not so report himself on board the vessel, he may be
apprehended and committed to the custody of the law till the ship is
ready to sail. He contracts also to obey all the lawful commands of
the master; to preserve order and discipline aboard, and to submit,
as a child to its parent, for the purpose of securing such order and
discipline during the voyage.[12]
[Sidenote: the owners;]
As in England, the owners have the right of removing a master, who
is part owner of a vessel; but, if he is removed without good cause,
and while at the same time specially engaged, they are liable to him
for damages. Where, however, he has only a general engagement with
a vessel, his relation to the owners is scarcely more than a mere
agency, revocable at any time. On the other hand, the master cannot
leave the ship in which he has contracted to sail without being himself
answerable to the owners.
The authority of a master over his ship is in all essential particulars
the same as that prescribed by British law. With regard to letting the
ship, the same principles prevail on both sides of the Atlantic.[13]
In general the owners are responsible for injuries committed by
the master in that capacity, as in cases of collision, discharges
of mariners, damages to cargo from want of ordinary care, and
embezzlement. The master is answerable for all contracts made by him
in connexion with the navigation of a ship, as also for all damages
arising from his want of skill or care, and for repairs and supplies,
except when furnished on the exclusive credit of the owner.
[Sidenote: and the masters or consignees.]
If the master of a ship is at the same time commander and consignee,
he stands in the twofold relation of agent of the owner and consignor,
and is invested with appropriate duties in both capacities. Inasmuch
as the master and owner are in the eyes of the American law common
carriers, it is the master’s duty to see that his vessel is seaworthy
and provided with a proper crew, to take a pilot, where required by
custom or law, to stow the goods properly, to set sail in fair weather,
to transport the cargo with care, and to provide against all but
inevitable mishaps. In other respects, American and English laws are
almost identical; the admirable decisions of Judge Story, Chancellor
Kent, and Chief Justice Marshall having, however, made some refined
distinctions.
[Sidenote: Conditions of wages,]
[Sidenote: and remedies for their non-payment; and the other securities
for seamen.]
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