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
A mere leaving of the vessel, though a wrongful absence, is not a
desertion, unless it is done with the intention to desert.[209] A
seaman is bound to load and unload cargo in the course of the voyage if
required of him, and a refusal to do so is a refusal of duty.[210] If
the voyage is at an end, according to the articles, and the vessel is
safely moored at the port of discharge, the seamen are still bound to
discharge the cargo if it is required of them. If they do not, their
refusal or neglect does not, however, work a forfeiture of all their
wages, but only makes them liable to a deduction, as compensation to
the owner for any damage he may have suffered.[211] The custom in
almost all sea-ports of the United States is, to discharge the crew,
and not to require them to unload cargo at the end of the voyage. This
custom is so strong that if the owner or master wishes to retain the
crew, he must give them notice to that effect. Unless the crew are
distinctly told that they must remain and discharge cargo, they may
leave the vessel as soon as she is safely moored, or made fast. If they
are required to remain and discharge cargo, they make themselves liable
to a deduction from their wages for a neglect or refusal, but do not
forfeit them.[212] The seaman must bear in mind, however, that this is
only when the voyage is at an end, and the ship is at the final port of
discharge. If he refuses to load or unload at any port in the course of
the voyage, and before it is up, according to the articles, he does so
at the risk of forfeiting all his wages.[213]
[209] 1 Sumner, 373. Ware, 309.
[210] 1 Pet. Ad. 253.
[211] 1 Sumner, 373. Gilpin, 208. Ware, 454. 2 Hagg. 40.
[212] 1 Sumner, 373. Gilpin, 208.
[213] 1 Pct. Ad. 253.
The master and owners of a vessel are allowed ten days after the voyage
is up, before a suit can be brought against them for the wages of the
crew.[214] This is in order to give them time to settle all accounts
and discover delinquencies. If the crew are retained to unload, then
the ten days begin to run from the time the vessel is completely
unloaded. But if the crew are not retained for this purpose, but are
discharged and allowed to leave the vessel, then the ten days begin to
run from the day they are discharged.[215]
[214] Act 1790, ch. 56, §6.
[215] 1 Pet. Ad. 165, 210. Ware, 458. Dunl. Ad. Pr. 99.
Public-domain text, read in full here on John Shaqi.
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