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
DEVIATION.--The master must not deviate from the course of the voyage.
By a _deviation_ is meant, technically, any alteration of the risk
insured against, without necessity or reasonable cause. It may be by
departing from the regular and usual course of the voyage, or by any
unusual and unnecessary delay. A deviation renders the insurance void,
whether the loss of the vessel is caused by the deviation or not. It is
not a deviation to make a port for repairs or supplies, if there be no
unnecessary delay, nor to depart from the course of the voyage in order
to succor persons in distress, to avoid an enemy, or the like.
It is the master's duty, within twenty-four hours after arriving at his
first port, to make a _protest_ in case of any accident or loss
happening to vessel or cargo. The log-book also should be carefully
kept, without interlineations or erasures. The master must also enter a
protest in case any American seaman is impressed, and transmit a copy
of the same to the secretary of state, under a penalty of $100.[59]
[59] Act 1796, ch. 36, §5.
COLLISION.--A vessel having the wind free must make way for a vessel
close-hauled. The general practice is, that when two vessels approach
each other, both having a free or fair wind, the one with the starboard
tacks aboard keeps on her course, or, if any change is made, she luffs,
so as to pass to windward of the other; or, in other words, each vessel
passes to the right. This rule should also govern vessels sailing on
the wind and approaching each other, when it is doubtful which is to
windward. But if the vessel on the larboard tack is so far to windward
that if both persist in their course the other will strike her on the
lee side, abaft the beam, or near the stern; in such case, the vessel
on the starboard tack must give way, as she can do so with less loss of
time and greater facility than the other. These rules are particularly
intended to govern vessels approaching each other under circumstances
that prevent their course and movements being readily discerned with
accuracy, as at night or in a fog. At other times, circumstances may
render it expedient to depart from them. A steamer is considered as
always sailing with a fair wind, and is bound to do whatever would be
required of a vessel going free.[60]
[60] Report of Benjamin Rich and others to District Court of
Mass.
PILOT.--The master must take a pilot when within the usual limits of
the pilot's employment.[61] If he neglects or refuses so to do, he
becomes liable to the owners, freighters, and insurers. If no pilot is
at hand, he must make signals, and wait a reasonable time. The master
is to be justified in entering port without a pilot only by extreme
necessity. After the pilot is on board, the master has no more control
over the working of the ship until she is at anchor.[62]
[61] 6 Rob. 316. 7 T. R. 160.
[62] 2 B. & Ad. 380. 3 Kent's Com. 175 c.
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