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
WAGES, ADVANCES, &C.--The master has no lien upon the ship for his
wages.[63] He is supposed to look to the personal responsibility of the
owner. He has a lien on freight for wages, and also for his advances
and necessary expenses incurred for the benefit of the ship.[64] He can
sue in admiralty _in personam_, but not _in rem_;--that is, he can sue
the owner personally, but cannot hold the ship. It does not seem to be
settled in the United States whether the master has a lien on the ship
for advances made abroad for the benefit of the vessel.[65] In case of
sickness, the master's right to be cured at the expense of the ship
seems to be the same as that of the seamen.[66]
[63] 3 Mason, 91. 11 Pet. R. 175.
[64] Ware, 149. But see 5 Wend. 314.
[65] 3 Mason, 255.
[66] 1 Sumner, 151.
CHAPTER III.
THE MASTER'S RELATION TO PASSENGERS AND OFFICERS.
Treatment of passengers. Removal of officers.
PASSENGERS.--The contract of passengers with the master is not for mere
ship-room and personal existence on board, but for reasonable food,
comforts, necessaries, and kindness. In respect to females, it extends
still further, and includes an implied stipulation against obscenity,
immodesty, and a wanton disregard of the feelings. An improper course
of conduct in these particulars will be punished by the court, as much
as a personal assault would be.[67]
[67] 3 Mason, 242.
OFFICERS.--The master may remove either of his officers from duty for
fraudulent or unfaithful conduct, for gross negligence and
disobedience, or for palpable incapacity. But the causes of removal
must be strong and evident;[68] and much more so in the case of the
chief mate than of the second mate. Any temporary appointments, made by
the master, are held at his pleasure, and stand upon a different
footing from those of persons who originally shipped in the character
in question.[69]
[68] 4 Wash. 334.
[69] Gilpin, 83.
When a man ships in a particular capacity, as carpenter, steward, or
the like, he is not to be degraded for slight causes. He stipulates for
fair and reasonable knowledge and due diligence, but not for
extraordinary qualifications.[70]
[70] 4 Mason, 84. Abbott Shipp. 147 n. Ware, 109.
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