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
These rules apply only to cases where the voyage is broken up by
inevitable accidents, as by perils of the seas, capture, war or
superior force. If the voyage is broken up by the fault of the seamen,
they lose all their wages. If, on the other hand, the seamen are
compelled to leave, or the voyage is broken up by the fault of the
master or owner, as by cruel treatment, want of provisions, or the
like, the crew would be justly entitled to wages for the whole voyage
contracted for. If the vessel is sold, or the voyage altered or
abandoned by the master or owner, not from inevitable necessity, but
for their own interest and convenience, then the crew are entitled, by
statute, to wages for all the time they were on board, and two months'
extra pay.[242] And, by the general law, they would always receive some
extra wages as a compensation for the loss of the voyage, and as a
means of supporting themselves and procuring a passage home; or,
perhaps, full wages for the voyage.[243]
[242] Act 1803, ch. 62, §3.
[243] 2 Pet. Ad. 264. Bee, 48. 2 Gall. 182. 3 Johns. R. 518.
WAGES ON AN ILLEGAL VOYAGE.--A seaman has no remedy for his wages upon
an illegal voyage; as, for instance, in the slave trade.[244] Wages
have, however, been allowed, where it was proved that the seaman was
innocent of all knowledge of, or participation in, the illegal
voyage.[245]
[244] 9 Wheat. 409. 6 Rob. 207. 2 Mason, 58. Edw. 35.
[245] 9 Wheat. 409.
WAGES AFFECTED BY DEATH OR DISABILITY.--If a seaman dies during the
voyage, wages are to be paid up to the time of his death.[246] A seaman
is entitled to all his wages during sickness, and during any time he
was disabled from performing duty. But if his sickness or disability is
brought on by his own fault, as by vice or wilful misconduct, a
deduction may be made for the loss of his services.[247] So, where the
death of a seaman was caused by his own unjustifiable and wrongful
acts, his wages were held forfeited.[248] If a seaman, at the time he
ships, is laboring under a disease which incapacitates or is likely to
incapacitate him during the voyage, and he conceals the same, no wages
will be allowed him, or a deduction will be made from them, according
to the nature of the case.[249] If, in consequence of sickness, a
seaman is left at a foreign port, he is still entitled to wages for the
whole voyage.[250]
[246] Bee, 254, 441.
[247] 1 Pet. Ad. 142, 138.
[248] Do. 142.
[249] 2 Pet. Ad. 263.
[250] Bee, 414. 2 Gall. 46. 1 Pet. Ad. 117.
CHAPTER XII.
SEAMEN--CONCLUDED.
Recovery of wages. Interest on wages. Salvage.
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