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
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 yet
farther, and includes an implied stipulation against obscenity,
immodesty, and a wanton disregard of the feelings. A course of conduct
oppressive and malicious in these respects will be punished by the
court, as well as a personal assault.[107]
[107] 3 Mason, 342.
No passage-money is due to a ship upon an engagement to transport a
passenger, before the arrival of the vessel at the port of destination.
Where the passenger has paid in advance, he can reclaim his money if
the voyage is not performed. If a voyage is partially performed, no
passage-money is due, unless the expenses of the passenger, or the
means of proceeding to the place of destination, are paid or tendered
to him; in which case, passage-money in proportion to the progress in
the voyage is payable.[108]
[108] 1 Pet. Ad. 126.
A passenger must submit to the reasonable rules and usages of the ship.
He has no right to interfere with its discipline and internal
regulations. Indeed, in a case of necessity, and for the order and
safety of the ship, the master may restrain a passenger by force; but
the cause must be urgent, and the manner reasonable and moderate.
In case of danger and distress, it is the duty as well as the interest
of the passenger to contribute his aid, according to his ability, and
he is entitled to no compensation therefor. He is not, however, bound
to remain on board in time of danger, but may leave the vessel if he
can; much less is he required to take upon himself any responsibility
as to the conduct of the ship. If, therefore, he performs any
extraordinary services, he becomes entitled to salvage.[109]
[109] 2 B. and P. 612. 1 Pet. Ad. 70. 2 Hagg. 3.
CHAPTER VI.
MATES AND SUBORDINATES.
Mates included in the 'crew.' Removal. Succession. Log-book Wages.
Sickness. Punishment. Subordinates. Pilots.
In all the statutes which entitle the 'crew,' or the 'seamen,' of a
vessel to certain privileges as against the master or owner, these
words, 'crew' and 'seamen,' are construed to include the mates; as, for
instance, the statute requiring a certain amount of provisions to be on
board; the statute requiring a medicine-chest, and that which punishes
the master for illegal and cruel treatment of any of the crew. In all
these cases the mates are entitled to the same privileges and
protection with the seamen.[110]
[110] 1 Sumner, 151; 3 do. 209. 4 Mason, 104.
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