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 case of dispute, the owner must prove the sufficiency of the
medicine-chest. It does not lie with the seaman to prove its
insufficiency.[170]
[170] 2 Mason, 541.
If a vessel has a suitable medicine-chest on board, it would seem that
the ship is not to be charged with the medicines and medical advice
which a seaman may need. But the ship is still liable for the expenses
of his nursing, care, diet, and lodging.[171] Accordingly, if a seaman
is put on shore at a hospital or elsewhere, for his cure, the ship is
chargeable with so much of the expense as is incurred for nursing,
care, diet, and lodging; and unless the owner can specify the items of
the charge, and show how much was for medical advice, and how much for
other expenses, he must pay the whole.[172] The seaman is to be cured
at the expense of the ship, of a sickness or injury sustained in the
ship's service;[173] but if he contracts a disease by his own fault or
vices, the ship is not chargeable.[174] A sick seaman is entitled to
proper nursing, lodging, and diet. If these cannot be had, or are not
furnished on board the vessel, he is entitled to be taken on shore to a
hospital, or to some place where these can be obtained. It is often
attempted to be shown that the seaman was put on shore at his own
request. This is no defence. He is entitled to be put on shore if his
disease requires it; and it is seldom that proper care can be taken of
a seaman on board ship.[175]
[171] 2 Mason, 541. 1 Sumner, 151.
[172] 1 Pet. Ad. 256, note.
[173] 1 Sumner, 195.
[174] Gilpin, 435. 1 Pet. Ad. 142, 152.
[175] 1 Pet. Ad. 256, note.
If a seaman requires further medicines and medical advice than the
chest and directions can give, and is not sent ashore, it would seem
that the ship ought to bear the expense; but this point has never been
decided.[176] If the medicine-chest can furnish all he needs, the ship
is exempted.[177]
[176] Gilpin, 435. 1 Pet. Ad. 142, 152, 255.
[177] 2 Mason, 541.
HOSPITAL MONEY.--Every seaman must pay twenty cents a month, out of his
wages, for hospital money. This goes to the establishment and support
of hospitals for sick and disabled seamen.[178]
[178] Act 1798, ch. 94, §1.
RELIEF IN FOREIGN PORTS.--If a vessel is sold in a foreign port and her
crew discharged, or if a seaman is discharged with his own consent, he
can receive two months' extra wages of the consul, who must obtain it
of the master.[179] This applies only to the voluntary sale of the
vessel, and not when the sale is rendered necessary by shipwreck. If,
however, after the disaster the vessel might have been repaired at a
reasonable expense and in a reasonable time, but the owner chooses to
sell, the two months' pay is due. To escape the payment, the owner must
show that he was obliged to sell.[180]
[179] Act 1803, ch. 62, §3.
[180] Ware, 485. Gilpin, 198.
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