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
In Chapters VIII., X., XI. and XII. of Part III., under the titles,
"Revolt," "Forfeiture," "Desertion," &c., will be found the laws upon
those subjects relating to seamen. And it may be generally remarked,
that all those laws apply as well to the officers as to the foremast
men. An officer forfeits his wages by desertion, and is criminally
liable for mutiny, revolt, &c., like a common seaman. As to the
questions what constitutes a revolt, mutiny, &c., and when absence or
leaving a vessel is excusable, and when it works a forfeiture, and as
to when wages are due, I would refer the reader to those titles in
Chapters VIII., X., XI. and XII. of Part III., above referred to.
WAGES.--Officers may sue in admiralty for their wages, and may arrest
the ship, into whoseever hands it may have passed;[115] which is not
the case with the master, who is supposed to look solely to the
personal responsibility of the owners.
[115] 1 Pet. Ad. 246.
SICKNESS.--The right of an officer to be cured at the ship's expense is
the same as that of a seaman.[116] The law upon that subject will be
found in Chapter IX., title "Sickness," page 207.
[116] 1 Sumner, 151.
PUNISHMENT.--The laws of the United States provide that if any master
or officer shall unjustifiably beat, wound, or imprison any of the
crew, or withhold from them suitable food and nourishment, or inflict
upon them any cruel and unusual punishment, he shall be imprisoned not
exceeding five years, and fined not exceeding $1000 for each
offence.[117] The officers, as part of the 'crew,' are entitled to the
protection of this statute, against the master's acts; and, on the
other hand, they are liable under it for any abuse of a seaman.[118]
[117] Act 1835, ch. 313, §3.
[118] 4 Mason, 104. 3 Sumner, 209.
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