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
At the foot of every such contract there shall be a memorandum of
writing of the day and hour on which such seaman shall render himself
on board. If this memorandum is made and the seaman neglects to render
himself on board at the time specified, he shall forfeit one day's pay
for every hour he is so absent, provided the master or mate shall, on
the same day, have made an entry of the name of such seaman in the
log-book, specifying the time he was so absent. And if the seaman shall
wholly neglect to render himself on board, or, after rendering, shall
desert before sailing, so that the vessel goes to sea without him, he
then forfeits the amount of his advance and a further sum equal
thereto, both of which may be recovered from himself or his surety.[73]
[73] Act 1790, ch. 56, §2.
There is no obligation upon the master to make these memorandums and
entries, other than that the forfeitures cannot be inflicted upon the
seamen unless they have been made literally according to the form of
the statute.
If any seaman who has signed the articles shall desert during the
voyage, the master may have him arrested and committed to jail until
the vessel is ready to proceed, by applying to a justice of the peace
and proving the contract, and the breach thereof by the seaman.[74]
[74] Do. §7.
Every vessel bound on a foreign voyage shall have on board a duplicate
list of the crew, and a true copy of the shipping-articles, certified
by the collector of the port, containing the names of the crew, which
shall be written in a uniform hand, without erasures or
interlineations. This copy the master must produce to any consul or
commercial agent of the United States who shall require it; and it
shall be deemed to contain all the conditions of the contract. All
erasures and interlineations shall be deemed fraudulent unless proved
to be innocent and bonâ fide. Every master who shall go upon a foreign
voyage without these documents, or shall refuse to produce them when
required, shall forfeit one hundred dollars for each offence, beside
being liable in damages to any seaman who may have been injured
thereby.[75]
[75] Act 1840, ch. 23, §1.
DISCHARGE.--If the master discharges any seaman in a foreign port, with
his own consent, he shall pay to the consul three months' wages for
every such seaman, in addition to the wages then due to him, two-thirds
to go to the seaman upon his taking passage for the United States, and
the remainder to be retained by the consul to make a fund for the
relief of destitute seamen.[76] The master of every vessel bound to the
United States shall, upon the request of the consul, take on board any
seaman and transport him to the United States, on terms not exceeding
ten dollars for each seaman, under penalty of one hundred dollars for
every refusal. He is not, however, bound to receive more than two men
to every hundred tons.[77]
[76] Act 1803, ch. 62, §3. See also Act 1840, ch. 23, §5.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account