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 LOSS OF VESSEL OR INTERRUPTION OF VOYAGE.--If a
vessel meets with a disaster, it is the duty of the crew to remain by
her so long as they can do it with safety, and to exert themselves to
the utmost of their ability to save as much as possible of the vessel
and cargo.[235] If they abandon the vessel unnecessarily, they forfeit
all their wages; and if their leaving was necessary and justifiable,
yet they lose their wages except up to the last port of delivery and
for half the time the vessel was lying there, or for so long as she was
engaged with the outward cargo.[236] This rule may seem hard, but its
object is to secure the services of the crew in case of a disaster. If
by their exertions any parts of the vessel or cargo are saved, they are
entitled to wages, and an extra sum for salvage.[237] If the vessel is
abandoned and nothing is saved, they lose their wages, except up to the
last port of delivery and for half the time the vessel was lying
there.[238]
[235] Ware, 49. 1 Pet. 204.
[236] Pet. C. C. 182. 3 Sumner, 286.
[237] Ware, 49. Gilpin, 79. 2 Mason, 319. I Hagg. 227.
[238] 2 Mason, 329. 1 Pet. Ad. 204, 130; 2 do. 391. 11 Mass.
545.
The general rule is, that a seaman's wages are secure to him whenever
the vessel has earned any freight, whatever may afterwards happen. And
a vessel earns freight at every port where she delivers any cargo. For
the benefit of seamen a vessel is held to earn freight whenever she
goes to a port under a contract for freight, though she go in
ballast.[239] A seaman also secures his wages wherever the ship might
have earned freight but for the agreement or other act of the
owner.[240] If a vessel is on a trading voyage from port to port, and
is lost on the homeward passage, wages would probably be allowed for
the outward passage, and for half the time she was engaged in trading
with the old or new cargoes; the trading and going from port to port
being considered the same as though she had been lying in port all the
time, and discharging and receiving cargo. Or else, wages would be
given up to the last port at which she took in any return cargo, and
for half the time she was lying there.[241]
[239] 2 Mason, 319. 1 Pet. Ad. 207.
[240] 3 Sumner, 286. 2 Mason, 319. 2 Hagg. 158.
[241] Pet. C. C. 182. 2 Pet. Ad. 390.
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