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
SUBORDINATES.--There are a number of men, usually, in merchant vessels,
who are not in any respect officers, but who differ from the common
seamen in that they ship in particular capacities, and to perform
certain duties. These are the carpenter, steward, cook, &c. Such
persons are not to be degraded for slight causes, though the master
unquestionably has the power to do so, upon sufficient grounds.[122] He
may also require them to do duty, if necessary, before the mast. He may
require them to take the place of persons who have been obliged to do
their work,[123] but he cannot exact from them the duty of able seamen,
unless they are such in fact. Repeated acts of disobedience,
intemperance, and gross negligence, and evident incapacity for the
duties undertaken, are justifying causes of removal.[124] In all other
respects this class of persons stands upon the same footing with common
seamen. They have the same privileges, and are under the same
obligations and penalties.[125]
[122] 4 Mason, 84. Ware, 109.
[123] Ware, 109.
[124] Ware, 109.
[125] 2 Pet. Ad. 268.
PILOTS.--When a pilot, who is regularly appointed, is on board, he has
the absolute control of the navigation of the vessel.[126] He is master
for the time being, and is alone answerable for any damage occasioned
by his own negligence or default.[127]
[126] 1 Johns. 305.
[127] 1 Pet. Ad. 223. 1 Mason, 508.
A pilot may sue in admiralty for his wages.[128]
[128] 1 Mason, 508.
A pilot cannot claim _salvage_ for any acts done within the limits of
his duty, however useful and meritorious they may have been.[129] If
towing is necessary, pilots are bound to perform it, having a claim for
compensation for damages done to their boats, or for extra labor.[130]
If extraordinary pilot service is performed, additional pilotage is the
proper reward, and not salvage.[131] If, however, the acts done by the
pilot are clearly without and beyond his duty as pilot, he may claim
salvage.[132]
[129] Gilpin, 60. 10 Peters R. 108. 2 Hagg. 176.
[130] 2 Hagg. 176.
[131] 2 Hagg. 176.
[132] 1 Rob. 106. Gilpin, 60.
CHAPTER VII.
SEAMEN. SHIPPING CONTRACT.
Shipping contract--how formed--how signed. Erasures and
interlineations. Unusual stipulations.
Public-domain text, read in full here on John Shaqi.
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