The Seaman's Friend Part 40

[152] Act 1840, ch. 23, --12--15.

It is no justification for refusing to do duty and proceed upon the voyage, that a new master has been subst.i.tuted in place of the one under whom the seaman originally shipped;[153] and if a blank is left for the name of the master, the seaman is supposed to ship under any who may be appointed.[154] The same rule applies to the subst.i.tution or appointment of any other officer of the ship during the voyage.

[153] 1 Mason, 443. Bee, 48. 2 Sum. 582.

[154] 6 Ma.s.s. 300.

DESERTION OR ABSENCE DURING THE VOYAGE.--If, during the voyage, the seaman absents himself without leave, for less than forty-eight hours, and an entry thereof is made in full in the log-book, he forfeits three days' pay for each day's absence. But if the absence exceeds forty-eight hours, he forfeits all his wages then due, and all his goods and chattels on board the vessel at the time, and is liable to the owner in damages for the expense of hiring another seaman.[155] If he deserts within the limits of the United States, he is liable to be arrested and committed to jail, until the vessel sails.[156] If he deserts or absents himself in a foreign port, the consul is empowered to make use of the authorities of the place to reclaim him. If, however, the consul is satisfied that the desertion was caused by unusual or cruel treatment, the seaman may be discharged, and shall receive three months' additional wages.[157] It is not a desertion for a seaman to leave his vessel for the purpose of procuring necessary food, which has been refused on board; nor is a seaman liable if the conduct of the master has been such as to make it dangerous for him to remain on board,[158] or if the shipping-articles have been fraudulently altered.[159] Even in a clear case of desertion, if the party repents, and seeks to return to his duty within a reasonable time, he is ent.i.tled to be received on board again, unless his previous conduct had been such as would justify his discharge.[160]

[155] Act 1790, ch. 56, --5.

[156] Act 1790, ch. 56, --7.

[157] Act 1840, ch. 23, --9.

[158] 1 Hagg. 63.

[159] Do. 182.

[160] 1 Sumner, 373.

As to the effect of desertion upon wages, and what is desertion in such cases, see the subject, "Wages affected by Desertion," Chapter XI.

DISCHARGE.--By referring to Chapter IV., "Master's Relation to Crew,"

the seaman will find that, though the master has power to discharge a seaman for gross and repeated misconduct, yet that this right is closely watched, and any abuse of it is severely punished. He will also find there a statement of his own rights and privileges, with reference to a discharge. It has been seen that he may demand his discharge of the consul, if the vessel is not fit to proceed, and is not repaired, or if he has been cruelly and unjustifiably treated.[161]

[161] Act 1840, ch. 23, --9, 14.

If a vessel has been so much injured that it is doubtful whether she can be repaired, or the repairs cannot be made for a long time, during which it would be a great expense to the owners to support the seamen in a foreign country, it is held that the crew may be discharged, upon the owners' paying their pa.s.sage home, and their wages up to the time of their arrival at the place of shipment.[162]

[162] 2 Dodson, 403.

As to discharge at the end of the voyage, see "Wages affected by Desertion," Chapter XI.

CHAPTER IX.

SEAMEN--CONTINUED.

Provisions. Sickness. Medicine-chest. Hospital money. Relief in foreign ports. Protection.

PROVISIONS.--For the benefit of seamen it has been enacted that every vessel bound on a voyage across the Atlantic, shall have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of wholesome ship bread, and one hundred pounds of salted flesh meat, over and above the stores of master or pa.s.sengers, and the live stock.

And if the crew of any vessel not so provided shall be put upon short allowance of water, flesh, or bread, such seaman shall recover from the master double wages for every day he was so allowanced.[163] The same rule applies to other voyages than those across the Atlantic, and the amount of provisions stowed below must be in proportion to the length of the voyage, compared with one across the Atlantic.[164] It also applies to seamen shipped in foreign ports, as well as to those shipped in the United States.[165] It has been thought that if the articles enumerated cannot be procured, the master may subst.i.tute other wholesome provisions; but it is doubtful whether even this will free him from the penalty; at least it will not unless he can show that it was impossible to procure them at the last port of departure.[166]

[163] Act 1790, ch. 56, --9.

[164] Do.

[165] 1 Pet. Ad. 223.

[166] 1 Pet. Ad. 229, 223. Bee, 80 Abb. 135, note. Ware, 454.

Besides this special enactment, a seaman may always recover damages of a master who unnecessarily and wantonly deprives him of sufficient food and nourishment.[167] If, however, the short allowance is caused by inevitable accident, without any fault of the master or owner, or is a matter of fair discretion in a case of common danger, the master is not liable. Another law of the United States provides that if any master or other officer shall wilfully and without justifiable cause withhold suitable food and nourishment from a seaman, he shall be fined not exceeding $1000 and imprisoned not exceeding five years.[168] The master may at any time, at his discretion, put the crew upon an allowance of water and eatables; but if it is a short allowance, he must be able to give a justifying reason.

[167] 2 Pet. Ad. 409.

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

SICKNESS. MEDICINE-CHEST.--Every vessel of one hundred and fifty tons or upwards, navigated by ten or more persons in all, and bound on a voyage beyond the United States, and every vessel of seventy-five tons or upwards, navigated by six or more persons in the whole, and bound from the United States to any port in the West Indies, is required to have a chest of medicines, put up by an apothecary of known reputation, and accompanied by directions for administering the same. The chest must also be examined at least once a year, and supplied with fresh medicines.[169]

[169] Act 1790, ch. 56, --8; 1805, ch. 88, --1.

In case of dispute, the owner must prove the sufficiency of the medicine-chest. It does not lie with the seaman to prove its insufficiency.[170]

[170] 2 Mason, 541.

If a vessel has a suitable medicine-chest on board, it would seem that the ship is not to be charged with the medicines and medical advice which a seaman may need. But the ship is still liable for the expenses of his nursing, care, diet, and lodging.[171] Accordingly, if a seaman is put on sh.o.r.e at a hospital or elsewhere, for his cure, the ship is chargeable with so much of the expense as is incurred for nursing, care, diet, and lodging; and unless the owner can specify the items of the charge, and show how much was for medical advice, and how much for other expenses, he must pay the whole.[172] The seaman is to be cured at the expense of the ship, of a sickness or injury sustained in the ship's service;[173] but if he contracts a disease by his own fault or vices, the ship is not chargeable.[174] A sick seaman is ent.i.tled to proper nursing, lodging, and diet. If these cannot be had, or are not furnished on board the vessel, he is ent.i.tled to be taken on sh.o.r.e to a hospital, or to some place where these can be obtained. It is often attempted to be shown that the seaman was put on sh.o.r.e at his own request. This is no defence. He is ent.i.tled to be put on sh.o.r.e if his disease requires it; and it is seldom that proper care can be taken of a seaman on board ship.[175]

[171] 2 Mason, 541. 1 Sumner, 151.

[172] 1 Pet. Ad. 256, note.

[173] 1 Sumner, 195.

[174] Gilpin, 435. 1 Pet. Ad. 142, 152.

[175] 1 Pet. Ad. 256, note.

If a seaman requires further medicines and medical advice than the chest and directions can give, and is not sent ash.o.r.e, it would seem that the ship ought to bear the expense; but this point has never been decided.[176] If the medicine-chest can furnish all he needs, the ship is exempted.[177]

[176] Gilpin, 435. 1 Pet. Ad. 142, 152, 255.

[177] 2 Mason, 541.

HOSPITAL MONEY.--Every seaman must pay twenty cents a month, out of his wages, for hospital money. This goes to the establishment and support of hospitals for sick and disabled seamen.[178]

[178] Act 1798, ch. 94, --1.

RELIEF IN FOREIGN PORTS.--If a vessel is sold in a foreign port and her crew discharged, or if a seaman is discharged with his own consent, he can receive two months' extra wages of the consul, who must obtain it of the master.[179] This applies only to the voluntary sale of the vessel, and not when the sale is rendered necessary by shipwreck. If, however, after the disaster the vessel might have been repaired at a reasonable expense and in a reasonable time, but the owner chooses to sell, the two months' pay is due. To escape the payment, the owner must show that he was obliged to sell.[180]

[179] Act 1803, ch. 62, --3.

[180] Ware, 485. Gilpin, 198.

It is also the duty of the consuls to provide subsistence and a pa.s.sage to the United States for any American seamen found dest.i.tute within their districts. The seamen must, if able, do duty on board the vessel in which they are sent home, according to their several abilities.[181]