Rendering on board. Refusal to proceed. Desertion or absence during the voyage. Discharge. RENDERING ON BOARD.--If, after having signed the articles, and after a time has been appointed for the seaman to render himself on board, he neglects to appear, and an entry to that effect is made in the log-book, he forfeits one day's pay for every hour of absence; and if the ship is obliged to proceed without him, he forfeits a sum equal to double his advance.[149] These forfeitures apply to the commencement of the voyage, and cannot be exacted unless a memorandum is made on the articles, and an entry in full in the log-book. A justice of the peace may, upon complaint of the master, issue a warrant to apprehend a deserting seaman, and commit him to jail until the vessel is ready to proceed upon her voyage. The master must, however, first show that the contract has been signed, and that the seaman departed without leave, and in violation of it.[150] [149] Act 1790, ch. 56, §2. [150] Do. §7. REFUSAL TO PROCEED.--If, after the voyage has begun, and before the vessel has left the land, the first officer and a majority of the crew shall agree that the vessel is unfit to proceed on the voyage, either from fault or deficiency in hull, spars, rigging, outfits, provisions, or crew, they may require the master to make the nearest or most convenient port, and have the matter inquired into by the district judge, or two justices of the peace, taking two or more of the complainants before the judge. Thereupon the judge orders a survey, and decides whether the vessel is to proceed, or stop and be repaired and supplied; and both master and crew are bound by this decision. If the seamen and mate shall have made this complaint without reason, and from improper motives, they are liable to be charged with the expenses attending it.[151] [151] Do. §3. If, when the vessel is in a foreign port, the first or any other officer and a majority of the crew shall make complaint, in writing, to the consul, that the ship is unfit to proceed to sea, for any of the above reasons, the consul shall order an examination, in the same manner; and the decision of the consul shall bind all parties. If the consul shall decide that the vessel was sent to sea in an unsuitable condition, by neglect or design, the crew shall be entitled to their discharge and three months' additional pay; but not if it was done by accident or innocent mistake.[152] [152] Act 1840, ch. 23, §12--15. It is no justification for refusing to do duty and proceed upon the voyage, that a new master has been substituted in place of the one under whom the seaman originally shipped;[153] and if a blank is left for the name of the master, the seaman is supposed to ship under any who may be appointed.[154] The same rule applies to the substitution or appointment of any other officer of the ship during the voyage. [153] 1 Mason, 443. Bee, 48. 2 Sum. 582.