The Seaman's Friend Part 38

Pa.s.sENGERS.

Provisions. Treatment. Pa.s.sage-money. Deportment. Services.

In Chapter I. of the Third Part, under the t.i.tle "Provisions," it will be seen that the vessel must have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted beef, one hundred pounds of wholesome s.h.i.+p bread, and one gallon of vinegar for each pa.s.senger, on a voyage across the Atlantic, and in like proportion for shorter or longer voyages. This, too, must be in addition to the private stores of the master or pa.s.sengers.[105]

[105] Act 1819, ch. 170, --3.

The master is also forbidden to take on board more than two pa.s.sengers for every five tons.[106]

[106] Do. --1.

The contract of pa.s.sengers with the master is not for mere s.h.i.+p-room and personal existence on board, but for reasonable food, comforts, necessaries, and kindness. In respect to females it extends yet farther, and includes an implied stipulation against obscenity, immodesty, and a wanton disregard of the feelings. A course of conduct oppressive and malicious in these respects will be punished by the court, as well as a personal a.s.sault.[107]

[107] 3 Mason, 342.

No pa.s.sage-money is due to a s.h.i.+p upon an engagement to transport a pa.s.senger, before the arrival of the vessel at the port of destination.

Where the pa.s.senger has paid in advance, he can reclaim his money if the voyage is not performed. If a voyage is partially performed, no pa.s.sage-money is due, unless the expenses of the pa.s.senger, or the means of proceeding to the place of destination, are paid or tendered to him; in which case, pa.s.sage-money in proportion to the progress in the voyage is payable.[108]

[108] 1 Pet. Ad. 126.

A pa.s.senger must submit to the reasonable rules and usages of the s.h.i.+p.

He has no right to interfere with its discipline and internal regulations. Indeed, in a case of necessity, and for the order and safety of the s.h.i.+p, the master may restrain a pa.s.senger by force; but the cause must be urgent, and the manner reasonable and moderate.

In case of danger and distress, it is the duty as well as the interest of the pa.s.senger to contribute his aid, according to his ability, and he is ent.i.tled to no compensation therefor. He is not, however, bound to remain on board in time of danger, but may leave the vessel if he can; much less is he required to take upon himself any responsibility as to the conduct of the s.h.i.+p. If, therefore, he performs any extraordinary services, he becomes ent.i.tled to salvage.[109]

[109] 2 B. and P. 612. 1 Pet. Ad. 70. 2 Hagg. 3.

CHAPTER VI.

MATES AND SUBORDINATES.

Mates included in the 'crew.' Removal. Succession. Log-book Wages.

Sickness. Punishment. Subordinates. Pilots.

In all the statutes which ent.i.tle the 'crew,' or the 'seamen,' of a vessel to certain privileges as against the master or owner, these words, 'crew' and 'seamen,' are construed to include the mates; as, for instance, the statute requiring a certain amount of provisions to be on board; the statute requiring a medicine-chest, and that which punishes the master for illegal and cruel treatment of any of the crew. In all these cases the mates are ent.i.tled to the same privileges and protection with the seamen.[110]

[110] 1 Sumner, 151; 3 do. 209. 4 Mason, 104.

The _chief mate_ is usually put on board by the owner, and is a person who is looked to for extraordinary services and responsibility.

Accordingly, he cannot be removed by the master, unless for repeated and aggravated misconduct, or for palpable incapacity.[111] He acts in the stead of the master in case the latter dies, and whenever he is absent.[112] He is then entrusted with the care of the s.h.i.+p, and the government of the crew. If he is appointed to act as mate by the master during the voyage, he holds his office at the master's pleasure;[113]

but if he originally s.h.i.+pped in that capacity, he cannot be removed without proof of gross and flagrant misconduct, or of evident unfitness. Nor will one or two single instances of intemperance, disobedience or negligence, be sufficient; the misconduct must be repeated, and the habit apparently incorrigible.[114]

[111] 1 Pet. Ad. 244. 4 Wash. 338.

[112] 4 Mason, 541. 1 Sumner, 151.

[113] Gilpin, 83.

[114] 1 Pet. Ad. 244. 4 Wash. 338.

The second mate and other inferior officers do not stand upon so firm a footing as the chief mate; yet they cannot be removed by the master, unless for gross and repeated acts of disobedience, intemperance, dishonesty or negligence, or for palpable incapacity.

In case of the death or absence of the master, the chief mate becomes master by operation of law, but the second mate does not necessarily become chief mate. It lies with the new master to appoint whom he pleases to act as chief mate; though, in most cases, it should be the second mate, unless good reason exists for the contrary course. The second mate cannot, however, be degraded by the new master for any other cause than would have justified the former in so doing.

LOG-BOOK.--It is the duty of the chief mate to keep the log-book of the s.h.i.+p. This should be neatly and carefully kept, and all interlineations and erasures should be avoided, as they always raise suspicion. The entries should be made as soon as possible after each event takes place, and nothing should be entered which the mate would not be willing to adhere to in a court of justice. (See page 145.)

In Chapter III. of the Third Part, under the t.i.tle, "Master's relation to Officers," page 188, will be found a discussion of the question, whether the master can compel an officer to do duty before the mast.

In Chapters VIII., X., XI. and XII. of Part III., under the t.i.tles, "Revolt," "Forfeiture," "Desertion," &c., will be found the laws upon those subjects relating to seamen. And it may be generally remarked, that all those laws apply as well to the officers as to the foremast men. An officer forfeits his wages by desertion, and is criminally liable for mutiny, revolt, &c., like a common seaman. As to the questions what const.i.tutes a revolt, mutiny, &c., and when absence or leaving a vessel is excusable, and when it works a forfeiture, and as to when wages are due, I would refer the reader to those t.i.tles in Chapters VIII., X., XI. and XII. of Part III., above referred to.

WAGES.--Officers may sue in admiralty for their wages, and may arrest the s.h.i.+p, into whoseever hands it may have pa.s.sed;[115] which is not the case with the master, who is supposed to look solely to the personal responsibility of the owners.

[115] 1 Pet. Ad. 246.

SICKNESS.--The right of an officer to be cured at the s.h.i.+p's expense is the same as that of a seaman.[116] The law upon that subject will be found in Chapter IX., t.i.tle "Sickness," page 207.

[116] 1 Sumner, 151.

PUNISHMENT.--The laws of the United States provide that if any master or officer shall unjustifiably beat, wound, or imprison any of the crew, or withhold from them suitable food and nourishment, or inflict upon them any cruel and unusual punishment, he shall be imprisoned not exceeding five years, and fined not exceeding $1000 for each offence.[117] The officers, as part of the 'crew,' are ent.i.tled to the protection of this statute, against the master's acts; and, on the other hand, they are liable under it for any abuse of a seaman.[118]

[117] Act 1835, ch. 313, --3.

[118] 4 Mason, 104. 3 Sumner, 209.

The law as to the officer's right to punish a seaman has been clearly settled, and is very simple. The sole authority to punish, for correction and discipline, resides with the master.[119] An officer has no right to use force with a seaman, either by chastising or confining him, except in a single cla.s.s of cases; that is, upon an emergency which admits of no delay, and where the use of force is necessary for the safety of life and property. If a seaman is about to do an act which may endanger life or property, and instant action is required, the officer may confine him, or use force necessary to prevent him. So, if the immediate execution of an order is important, and a seaman, by obstinacy or wilful negligence, prevents or impedes the act, the officer may use force necessary to secure the performance of the duty.

In these cases there must be a pressing necessity which will not admit of delay; for if delay is practicable, the officer must report to the master, and leave the duty of correction with him. A mate can in no case punish a seaman for the general purposes of correction and discipline, and still less for personal disrespect to himself.[120] If the master is not on board, and cannot be called upon, the authority of the officer is somewhat enlarged; but, even in this case, so far as a delay is practicable, he must leave the seaman to be dealt with by the master when he returns. Except in the cases and in the manner before mentioned, the officer is liable as a trespa.s.ser for any force used with a seaman.

[119] 2 Sumner, 584.

[120] Do. 1. 584.

If the officer acts under the authority, express or implied, of the master, he will not be held liable, even though the punishment should be excessive and unjustifiable; for he is, in such cases, only the agent of the master, who is responsible for the act.[121] Yet, if the punishment be so excessive as to show malice or wantonness on the part of the officer, or there be anything in his conduct to imply the same, he will be liable in some measure himself.

[121] Ware, 219.

SUBORDINATES.--There are a number of men, usually, in merchant vessels, who are not in any respect officers, but who differ from the common seamen in that they s.h.i.+p in particular capacities, and to perform certain duties. These are the carpenter, steward, cook, &c. Such persons are not to be degraded for slight causes, though the master unquestionably has the power to do so, upon sufficient grounds.[122] He may also require them to do duty, if necessary, before the mast. He may require them to take the place of persons who have been obliged to do their work,[123] but he cannot exact from them the duty of able seamen, unless they are such in fact. Repeated acts of disobedience, intemperance, and gross negligence, and evident incapacity for the duties undertaken, are justifying causes of removal.[124] In all other respects this cla.s.s of persons stands upon the same footing with common seamen. They have the same privileges, and are under the same obligations and penalties.[125]

[122] 4 Mason, 84. Ware, 109.

[123] Ware, 109.

[124] Ware, 109.