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
By the law of the United States, in all foreign voyages, and in all
coasting voyages to other than an adjoining state, there must be an
agreement in writing, or in print, with every seaman on board the ship,
(excepting only apprentices and servants of the master or owner,)
declaring the voyage, and term or terms of time, for which such seaman
is hired.[133] This contract is called the _shipping-articles_, and all
the crew, including the master and officers, usually sign the same
paper; it not being requisite that there should be a separate paper for
each man. If there is not such a contract signed, each seaman could, by
the old law, recover the highest rate of wages that had been given on
similar voyages, at the port where he shipped, within three months next
before the time of shipment.[134] By the law of 1840, he may, in such
case, leave the vessel at any time, and demand the highest rate of
wages given to any seaman during the voyage, or the rate agreed upon at
the time of his shipment.[135] A seaman not signing the articles, is
not bound by any of the regulations, nor subject to the penalties of
the statutes;[136] but he is, notwithstanding, bound by the rules and
liable to the forfeitures imposed by the general maritime law.[137]
[133] Act 1790, ch. 56, §1.
[134] Act 1790, ch. 56, §1.
[135] Act 1840, ch. 23, §10.
[136] Act 1790, ch. 56, §1.
[137] 1 Pet. Ad. 212.
These shipping-articles are legal evidence, and bind all parties whose
names are annexed to them, both as to wages, the nature and length of
the voyage, and the duties to be performed.[138] Accordingly, seamen
have certain rights secured to them with reference to these papers. In
the first place, the master must obtain a copy of the articles,
certified to by the collector of the port from which the vessel sails,
to take with him upon the voyage. This must be a fair and true copy,
without erasures or interlineations. If there are any such erasures or
interlineations, they will be presumed to be fraudulent, and will be
set aside, unless they are satisfactorily explained in a manner
consistent with innocent purposes, and with the provisions of laws
which guard the rights of mariners. These articles must be produced by
the master before any consul or commercial agent to whom a seaman may
have submitted a complaint.[139]
[138] 3 Mason, 161. Act 1840, ch. 23, §3.
[139] Act 1840, ch. 23, §2, 19.
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