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
[193] 4 Mason, 105. 4 Wash. 548. 1 Sumner, 448. 3 Wash. 525.
[194] Pet. C. C. 213.
In all these cases of revolt, mutiny, endeavors to commit the same, and
confinement of the master, it is to be remembered that the acts are
excusable if done from a sufficient justifying cause. The master may so
conduct himself as to justify the officers and crew in placing
restraints upon him, to prevent his committing acts which might
endanger the lives of all the persons on board. But an excuse of this
kind is received with great caution, and the crew should be well
assured of the necessity of such a step, before taking it, since they
run a great risk in so interfering.[195]
[195] 4 Mason, 105. 1 Sumner, 448. Pet. C. C. 118.
EMBEZZLEMENT.--If any of the crew steal, or appropriate, or by gross
negligence suffer to be stolen, any part of the cargo, or anything
belonging to the ship, they are responsible for the value of everything
stolen or appropriated.
It is necessary that the fraud, connivance, or negligence of a seaman
should be proved against him, before he can be charged with anything
lost or stolen; and in no case is an innocent man bound to contribute
towards a loss occasioned by the misconduct of another. If, however, it
is clearly proved that the whole crew were concerned, but one offender
is not known more than another, and the circumstances are such as to
affect all the crew, each man is to contribute to the loss, unless he
clears himself from the suspicion.[196]
[196] 1 Mason, 104. Gilpin, 461.
PIRACY.--If the master or crew of a vessel shall, upon the high seas,
seize upon or rob the master or crew of another vessel; or if they
shall run away with the vessel committed to their charge, or any goods
to the amount of $50; or voluntarily yield them up to pirates; or if
the crew shall prevent the master by violence from fighting in the
defence of vessel or property; such conduct is piracy, and punishable
with death.[197]
[197] Act 1790, ch. 36, §8; 1820, ch. 113, §3.
It is also piracy, and punishable with death, to be engaged in any
foreign country in kidnapping any negro or mulatto, or in decoying or
receiving them on board a vessel with the intention of making them
slaves.[198]
[198] Act 1820, ch. 113, §4, 5.
CHAPTER XI.
Seamen's Wages.
Affected by desertion or absence;--by misconduct;--by imprisonment;--by
capture;--by loss of vessel and interruption of voyage. Wages on an
illegal voyage. Wages affected by death or disability.
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