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
WAGES AFFECTED BY IMPRISONMENT.--If a seaman is imprisoned by a warrant
from a judge or justice of the peace, within the limits of the United
States, for desertion or refusal to render himself on board, he is
liable to pay the cost of his commitment and support in jail, as well
as the wages of any person hired in his place.[226] So, if a seaman is
imprisoned in a foreign port by the authorities of the place for a
breach of their laws, the costs and loss to the owner may be deducted
from his wages; but not so if he is imprisoned at the request of the
master.[227] The right of the master to imprison at all is a doubtful
one, and dangerous of exercise; and if he does resort to it, he can
never charge the expenses to the seamen, nor deduct their wages during
imprisonment.[228]
[226] Gilpin, 223.
[227] Gilpin, 223.
[228] Ware, 18, 503, Gilpin, 83, 233.
WAGES AFFECTED BY CAPTURE.--If a neutral ship is captured, it is the
right and duty of the seamen to remain by the vessel until the case is
finally settled.[229] If she is liberated, they are then entitled to
their wages for the whole voyage; and if freight is decreed, they are
entitled to their wages for as much of the voyage as freight is
given.[230] And if at any future time the owners recover the vessel, or
her value, upon appeal or by treaty, they are liable for wages.[231] In
order to secure his wages in these cases, the seaman must remain by the
vessel until her sale or condemnation, and the master cannot oblige him
to take his discharge.[232] The condemnation or sale of the vessel puts
an end to his contract. If he leaves before the condemnation or sale,
with the master's consent, he does not lose his chance of recovering
his wages.[233] Even if the vessel is condemned, and the owner never
recovers the vessel or its value, yet the seaman is entitled to his
wages up to the last port of delivery, and for half the time she lay
there.[234]
[229] 2 Sumner, 443. 1 Pet. Ad. 128.
[230] 2 Gall. 178. 2 Sumner, 443.
[231] 3 Mason, 161.
[232] 1 Mason, 45.
[233] 1 Mason, 45.
[234] 1 Pet. Ad. 203.
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