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 rule as to the sale of the ship is very nearly the same, except
that it is, perhaps, still more strict. If all means for repairing the
vessel and sending her on her voyage have failed, and a case of
absolute necessity arises, the master may make a sale of her. As a
prudent man, he should have the sale made, if possible, under the
authority of the judicial tribunals of the place. Even this will not,
of itself, render the sale valid, but will go far toward sustaining it.
He should consult the consul, or other suitable persons; should have a
survey made; should take care to have the sale conducted publicly and
with the best faith in all parties, and to preserve evidence of the
same. Although a person should buy in good faith, yet the sale will be
set aside unless it can be shown that there was the strictest necessity
for it. The master must not become a purchaser himself, and even if he
afterwards buys of one who purchased at the sale, this transaction will
be very narrowly watched, and he will be bound to show the very highest
good faith in all parties.[57]
[57] 5 Mason, 465. 2 Sumner, 206. Edwards, 117.
The strictness of these rules should not deter the master from acting,
where the interest of all requires it, but will show him the risk that
is run by acting otherwise than with prudence and entire honesty. He
should remember, too, that, in taking command of a vessel, he not only
covenants that he will act honestly and with the best of his judgment,
but also holds himself out as having a reasonable degree of skill and
prudence.[58]
[58] 1 Dallas, 184.
As to the safe keeping, transportation, and delivery of the cargo, the
master's duties and obligations are those of a common carrier upon
land. He is bound to the strictest diligence in commencing and
prosecuting the voyage, a high degree of care both of vessel and goods,
and is held liable for all losses and injuries not occasioned by
inevitable accident, or by the acts of public enemies. He is answerable
also for unnecessary delays and deviations, and for the wrongful or
negligent acts of all persons under his command. At the termination of
the voyage, he must deliver the goods to the consignee or his agents. A
landing upon the wharf is a sufficient delivery, if due notice be given
to the parties who are to receive them. He is not, however, bound to
deliver until the freight due is paid or secured to his satisfaction,
as he has a lien upon the goods for his freight; but the consignee can
require the goods to be taken from the hold, in order that he may
examine them, before paying freight. In such case they should not go
out of the possession of the master or his agents.
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