If the master is present while the mate, or any subordinate officer, inflicts punishment upon any of the crew, or if it is inflicted under such circumstances as would raise a presumption that the master was knowing of it, and he does not interfere, he will be held to have adopted it as his own act, and will be answerable accordingly.[100] [100] 2 Sumner, 1. In addition to the master's liability to the seamen in damages for abuse of power, he is also liable, as a criminal, to fine and imprisonment. A recent statute enacts, that "if any master, or other officer, of an American vessel, shall, from malice, hatred, or revenge, and without justifiable cause, beat, wound, or imprison any one or more of the crew of such vessel, or withhold from them suitable food or nourishment, or inflict on them any cruel or unusual punishment, every such person so offending shall, on conviction thereof, be punished by fine not exceeding one thousand dollars, or by imprisonment not exceeding five years, or by both, according to the nature and aggravation of the offence."[101] It is held that the word 'crew,' in this statute, includes officers; and accordingly a master was punished for unjustifiably confining and otherwise mal-treating his chief mate.[102] [101] Act 1835, ch. 313, §3. [102] 3 Sumner, 209. To constitute 'malice' in the above statute, it is not necessary to show malignity as it is commonly understood, or brutality; but the term, in law, requires no more than a 'wilful intention to do a wrongful act.' An offence is punishable under this act, even although no bad passions came into play, (as hatred, or revenge,) for the term 'malice,' in law, covers all cases of intentional wrong, in their mildest form.[103] [103] 2 Sumner, 584. If a seaman desires to lay any complaint before a consul in a foreign port, the master must permit him to land for that purpose, or else inform the consul immediately of the fact, stating his reasons in writing for not allowing the man to land. If he refuses to do this, he forfeits one hundred dollars, and is liable to the seaman in damages.[104] [104] Act 1840, ch. 23, §1. CHAPTER V. PASSENGERS. Provisions. Treatment. Passage-money. Deportment. Services. In Chapter I. of the Third Part, under the title "Provisions," it will be seen that the vessel must have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted beef, one hundred pounds of wholesome ship bread, and one gallon of vinegar for each passenger, on a voyage across the Atlantic, and in like proportion for shorter or longer voyages. This, too, must be in addition to the private stores of the master or passengers.[105] [105] Act 1819, ch. 170, §3. The master is also forbidden to take on board more than two passengers for every five tons.[106] [106] Do. §1.