The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant serviceDana, Richard Henry
Science
The Seaman's Friend: Containing a treatise on practical seamanship, with plates, a dictionary of sea terms, customs and usages of the merchant service
Dana, Richard Henry
Maritime law; Merchant marine; Naval art and science; Naval art and science -- Dictionaries; Seamanship
The master of every vessel enrolled and licensed in the coasting trade
must be a citizen of the United States; and if the vessel trades to any
other than an adjoining state, three fourths of the crew must be
citizens. If the master of a coasting vessel is changed, such change
must be reported to the collector of the port where the change is
made.[46]
[46] Act 1793, ch. 52, §12.
The master of every coasting vessel must deliver up his license within
three days after it expired, or, if the vessel was then at sea, within
three days after her first arrival thereafter, under a penalty of $50.
The master of a coasting vessel departing from one great district to
another, must deliver to the collector duplicate manifests of all the
cargo on board, under penalty of $50; and within forty-eight hours
after his arrival at the port of delivery, and before breaking bulk, he
must deliver to the collector the manifest certified to by the
collector of the former port, under penalty of $100.[47] If the vessel
shall at any time be found without a manifest on board, the master
forfeits $20, and if he refuses to inform the officer of his last port
of departure, he forfeits $100.[48]
[47] Do. §17.
[48] Do. §18.
POWER TO SELL AND HYPOTHECATE.--The master has, in certain cases, power
to hypothecate the ship and cargo, and also to sell a part of the
cargo; and in certain extreme cases a sale of the ship and cargo, made
from necessity, and in the utmost good faith, will be upheld. His right
to do any of these acts is confined to cases of necessity, in distant
ports, where he cannot get the advice of the owner. The safest rule for
the master is, to bear in mind that his duty is to _prosecute the
voyage_, and that all his acts must be done for this purpose, and in
good faith. If a necessity arises in a foreign port for the repairing
or supplying of the ship, he must, in the first instance, make use of
any property of the owner he may have under his control, other than
cargo.[49] If, however, he has money of the owner in his hands, put on
board for the purpose of procuring a cargo, he is not bound to apply
this first; but must use his discretion, bearing in mind that all
repairs have for their sole object the prosecution of the voyage, which
might be defeated by making use of these funds.[50] His next recourse
should be to the personal credit of the owner, by drawing bills, or
otherwise.[51]
[49] 3 Mason, 255.
[50] Do.
[51] 2 Wash. C. C. 226.
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