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
PUNISHMENT.--The master may inflict moderate correction on a seaman for
sufficient cause; but he must take care that it is not disproportionate
to the offence. If he exceeds the bounds of moderation he is treated as
a trespasser, and is liable in damages.[87] In respect to the mode of
correction, it may be by personal chastisement, or by confinement on
board ship, in irons, or otherwise.[88] But there must not be any
cruelty or unnecessary severity exercised. The mode, instruments or
extent of the punishment are not laid down by law. These must depend
upon circumstances. In cases of urgent necessity, as of mutiny, weapons
may be used which would be unlawful at other times; but even in these
cases, they must be used with the caution which the law requires in
other cases of self-defence and vindication of rightful authority.[89]
[87] 1 Peters' Ad. 186, 172. 2 Do. 420. 1 Wash. 316.
[88] 1 Peters' Ad. 186, 168. 15 Mass. 365.
[89] Same cases.
It is not necessary that the punishment should be inflicted to suppress
the offence at the time of its commission. It may be inflicted for past
offences, and to promote good discipline on board. But the reference to
by-gone acts should be very clear and distinct, or they will be
presumed to have been forgiven.[90] In many cases prudence may require
a postponement of the proper punishment. The authority of the master,
being in its nature parental, must be exercised with a due regard to
the rights and interests of all parties. He has a large discretion, but
is held to answer strictly for every abuse of it.[91] The law enjoins
upon him a temperate demeanor and decent conduct towards seamen. He
risks the consequences if he commences a dispute with illegal conduct
and improper behavior.[92] In all his acts of correction, he must
punish purely for reformation and discipline, and never to gratify
personal feelings.[93] If a master generally permits or encourages
disorderly behavior in his ship, he is less excusable for inflicting
unusual punishment on account of misconduct arising out of that
disorder.[94] If the case admits of delay, and the master does not make
proper inquiry before punishing, he takes the consequences upon
himself.[95]
[90] 1 Hagg. 271.
[91] 15 Mass. 365. 3 Day, 294.
[92] 4 Wash. 340.
[93] 1 Pet. Ad. 168, 173, note.
[94] Bee, 239.
[95] 1 Hagg. 271.
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