The law as to the officer's right to punish a seaman has been clearly settled, and is very simple. The sole authority to punish, for correction and discipline, resides with the master.[119] An officer has no right to use force with a seaman, either by chastising or confining him, except in a single class of cases; that is, upon an emergency which admits of no delay, and where the use of force is necessary for the safety of life and property. If a seaman is about to do an act which may endanger life or property, and instant action is required, the officer may confine him, or use force necessary to prevent him. So, if the immediate execution of an order is important, and a seaman, by obstinacy or wilful negligence, prevents or impedes the act, the officer may use force necessary to secure the performance of the duty. In these cases there must be a pressing necessity which will not admit of delay; for if delay is practicable, the officer must report to the master, and leave the duty of correction with him. A mate can in no case punish a seaman for the general purposes of correction and discipline, and still less for personal disrespect to himself.[120] If the master is not on board, and cannot be called upon, the authority of the officer is somewhat enlarged; but, even in this case, so far as a delay is practicable, he must leave the seaman to be dealt with by the master when he returns. Except in the cases and in the manner before mentioned, the officer is liable as a trespasser for any force used with a seaman. [119] 2 Sumner, 584. [120] Do. 1. 584. If the officer acts under the authority, express or implied, of the master, he will not be held liable, even though the punishment should be excessive and unjustifiable; for he is, in such cases, only the agent of the master, who is responsible for the act.[121] Yet, if the punishment be so excessive as to show malice or wantonness on the part of the officer, or there be anything in his conduct to imply the same, he will be liable in some measure himself. [121] Ware, 219.