made and entered into an agreement in writing with such seaman, specifying what wages such seaman is to be paid, the quantity of provisions he is to receive, the capacity in which he is to act or serve, and the nature of the voyage in which the ship is to be employed, so that such seaman may have some means of judging of the period for which he is likely to be engaged; and that such agreement shall be properly dated, and shall be signed by such master in the first instance, and by the seamen respectively at the port or place where they shall be shipped; and that the signature of each of the parties thereto shall be duly attested by 1 witness at the least, and that the master shall cause the agreement to be read over and explained to every such seaman in the presence of such witness, before such seaman shall execute the same; and it shall not be lawful for the master of any ship to carry to sea any seaman, being a subject of H. M., until he shall also have first obtained from every such seaman or other person his register ticket (to be procured as herein-after mentioned), which ticket the said master is hereby required to retain (except in the cases herein-after provided), until the service of such seaman shall have terminated, and at the termination of such service the said master shall return the register ticket to him. - § 2. Regulations respecting Form of Agreements, and how to be disposed of.-In the case of any ships, of whatever tonnage or description, belonging to any subject or subjects of H. M., and proceeding to parts beyond the seas, (except as herein-after provided,) the agreement shall be in the form set forth in the subjoined schedule marked (A), and shall contain the several particulars therein mentioned or required; and the master shall, within 24 hours after the ship's arrival at her final port of destination in this U. K., deliver or cause to be delivered to the collector or comptroller of the customs at and for such port every agreement so made as aforesaid, or a true copy thereof, and of every endorsement thereon, the agreement, or copy thereof, in either case, to be certified as such by such master or owner, and also by the mate or next officer (if any) of such ship or vessel, each of whom is hereby required to sign such certificate in the presence of 1 attesting witness at the least; and if the original agreement be delivered to such collector or comptroller he shall retain the same until all the wages to which the agreement relates shall be paid or satisfied, and then he shall transmit such original agreement to the registrar of seamen; and no such ship shall be cleared inwards by the tide surveyor or other officer until the master shall produce and show a certificate from such collector or comptroller (which he is hereby required to give) to the effect that he has delivered his agreement, or an attested copy thereof, as aforesaid; and the tide-waiters left on board shall be maintained at the expence of the master or owner until such certificate shall be produced and shown, or until it shall be proved to the satisfaction of the tide surveyor or other officer that such agreement or agreements, or such copy thereof, has or have been so delivered as aforesaid; and in the case of any ship employed in fishing on the coast of the U. K. or proceeding from one part of the U. K. to another, or proceeding to any of the islands of Jersey, Guernsey, Alderney, Sark, and Man, or to any place on the continent of Europe between the river Elbe inclusive and Brest, the agreement shall be in the form set forth in the subjoined schedule marked (B), and shall contain the several particulars therein mentioned or required; and every such agreement shall not extend beyond the 30th of June and the 31st of December in each year, or on arrival in any port of the U. K. after the same respective dates; and the owner or master of every such ship as last aforesaid shall, within 21 days next after the 30th day of June and the 31st day of December in each year, transmit or deliver, or cause to be transmitted or delivered, to the collector or comptroller of the customs of any port of the U. K., every agreement made within the 6 months next preceding such 30th day of June and 31st day of December respectively, or a true copy thereof, and of every endorsement thereon, certified as aforesaid; and such collectors and comptrollers respectively shall and are hereby required to give a receipt (specifying the nature of the document) for every agreement or other document, or such copy thereof, to the master, owner, or person so delivering the same; and no master or owner, after the expiration of the said 21 days, shall be entitled to or receive a transire, or any other customs document necessary for the conduct of the business of the ship, until he shall produce and show such receipt, or shall prove to the satisfaction of the officer that every such agreement, or such copy thereof as aforesaid, has been duly delivered as aforesaid; and the owner or master of every ship under the burden of 80 tons, employed as last aforesaid, who is not required by this act to enter into any written agreement with his crew, shall, before employing any seaman or other person in the service of his ship, receive from every such seaman or other person his register ticket, and shall retain the same until the service of such seaman or other person shall have expired, and at the expiration of such service the master shall return the register ticket to the person entitled thereto. — § 3. SCHEDULE (A.) An Agreement made pursuant to the directions of an Act of Parliament passed in the of the reign of Port of are subscribed hereto. between and of the burden of to It is agreed by and on the part of the said persons, and they severally hereby engage to serve on board the said ship in the several capacities against their respective names expressed on a voyage from the port of [here the intended voyage is to be described as nearly as can be done, and the places at which it is intended the ship shall touch, or if that cannot be done, the nature of the voyage in which she is to be employed and the said crew further engage to conduct themselves in an orderly, faithful, honest, careful, and sober manner, and to be at all times diligent to their respective duties and stations, and to be obedient to the lawful commands of the master in every thing relating to the said ship, and the materials, stores, and cargo thereof, whether on board such ship, in boats, or on shore here may be inserted any other clauses which the parties may think proper to be introduced into the agreement, provided that the same be not contrary to or the master of the ship year of the tons, and the several persons whose names | inconsistent with the provisions and spirit of this act] ; în con- I hereby declare to the truth of all the particulars set forth in this agreement [or this attested copy of agreement], delivered to the collector or comptroller of the port of day of this 18 Master. Note. This agreement, or an attested copy thereof, is required to be delivered to the collector and comptroller of customs within 24 hours after the arrival of the ship at her final port of destination in the United Kingdom. SCHEDULE (B.) An Agreement made pursuant to the directions of an Act of Parliament passed in the the reign of subscribed hereto. between and of the burden of It is agreed by and on the part of the said persons, and they sere ally hereby engage to serve on board the sui ship in the gad everal capacities agahist their respective names expsed, which ship is to be employed in (here the nature of the asp's employment is t› be described, whether in the Fisheries, the Cxist, or in proceding from one part of the U. K. to another, or to amy of the islands of Jersey, Guernsey, Alderry, Sark, and Man, or to any part of the Continent of Europe between the River Elbe inclusive and Brest]; and the and Crew further eng ge to conduct themselves in an orderly, faithful, honest, careful, and sober manner, and to be at all tunes diligent to their respective dutics and stations, and to te beret to the lawful commands of the master in every thing rating to the said ship, and the materials, stores, and Cargo thereof, whether on board such ship, in boats, or on shore (here may be inserted any other clauses which the parties may think proper to be introduced int the agreement, prothat the same be not contrary to or inconsistent with the provisions and spirit of this act); in consideration of which the master of the ship year of of the Port of tons, and the several persons whose names are services, to be duly, honestly, carefully, and faithfully per formed, the said master doth hereby promise to pay to the said crew by way of compensation or wages the amount against their names respectively expressed provided always and it is hereby declared, that no seaman shall be entitled to his discharge from the ship during any voyage in which be may be engaged, nor at any other port than a port in the U. K. and it is hereby agreed, that any embezzlement, or wilful or negligent loss or destruction, of any part of the strip's cargo or stores, shall be made good to the owner out of the wages (so far as they will extend) of the seaman guilty of the same; and if any seaman shall have entered himself as qualified for a duty to which he shall prove to be not competent, he shall be subject to a reduction of the rate of wages herely agreed for, in proportion to his incomp«tency, witness whereof the said parties have hereto subscribed their names on the days against their respective signatures mentioned. In A mount of Month,Share, sions per Witness ture. last served. Quantity of Provi Day. Penalty for Default.-If any master or owner shall carry out to sea any seamen (apprentices excepted) without having first entered into the required agreement with such seaman, or if any master shall not obtain from any seaman or other person, being a subject of H. M., his register ticket, according to the provisions of this act, he shall in either and every of such cases forfeit and pay the sum of 10. for and in respect of every such seaman; and if any master or owner shall neglect to cause such agreement to be read over and explained to such seaman before the signing or execution thereof by such seaman, the said master or owner shall for each neglect forfeit and pay the sum of 51. for every such seaman; and if any master or owner shall neglect or omit to deliver or cause to be delivered to such collector or comptroller any such agreement, or such copy thereof as aforesaid, or shall not deliver up any register ticket to the person entitled to it at the expiration of his service, or otherwise, as required by this act, he shall for every such neglect, omission, or offence forfeit and pay the sum of 102, or if any master or owner shall deliver or cause to be delivered a false copy of the agreement he shall for every such offence forfeit and pay the sum of 201. — § 4. Seamen not to be deprived of Legal Remedies. —No seaman, by reason of any agreement, shall forfeit his lien upon the ship, nor be deprived of any remedy for the recovery of his wages to which he would otherwise be entitled against any person or persons whatever; and no agreement contrary to or inconsistent with this act, nor any clause, contract, or engagement whereby any seaman shall consent or promise to forego or give up any right or claim to wages in the case of freight earned by a ship subsequently lost, or any right or claim to salvage or reward for salvage services, or such proportion of salvage or reward for salvage services, as shall or may be due to him by decree or award, or otherwise, shall be valid or binding on such seaman; and every copy of an agreement so certified and delivered as aforesaid shall in all cases be received and taken as evidence of the contents of the agreement for and on behalt of the seaman; and no seaman shall in any case be required to produce such agreement, or such copy as aforesaid, or to give notice for the production thereof; but in case the agreement shall not be produced and proved, he shall be at liberty to prove the contents or purport thereof, or to establish his claim by other evidence, according to the nature of the case. - § 5. Seamen refusing to join, &c., may be committed to Gaol, or sent on Board. In case a seaman, whether before the commencement or during the progress of any voyage, shall at any time neglect or refuse to join the ship on board of which he shall have engaged to serve, or shall refuse to proceed to sea in such ship, or shall absent himself therefrom without leave, or shall desert, it shall be lawful for any justice of the peace in and for any of H. M.'s dominions, or the territories under the government of the East India Company, where or near to the place where such ship shall happen to be, or where such seaman shall be found, and such justice is hereby required, upon complaint inade upon oath by the master, mate, or owner, or his agent, to issue his warrant, and cause such seaman to be apprehended, and brought before him; and in case such seaman shall not give a reason to the satisfaction of such justice for his neglect, refusal, or absence, as the case may be, or in case of desertion, it shall be lawful for any such justice, upon due proof of such neglect, refusal, absence, or desertion, to commit such seaman to prison or to the house of correction, there to be imprisoned with or without hard labour, at the discretion of such justice, for a period not exceeding 30 days; or it shall be lawful for the said justice, if he shall so think fit, at the request of the master, mate, or owner, or his agent, instead of committing such seaman, to cause him to be conveyed on board the said ship, or to be delivered to the master, mate, or owner, or his agent, for the purpose of being so conveyed and proceeding on the voyage, and also to award to the master or owner such costs incurred in the apprehension of the seaman as to such justice shall seem reasonable, not exceeding in any case the sum of 40s., which shall be chargeable against and may be deducted from the wages of such seaman; and whenever any seaman shall be committed to prison or to any house of correction, the justice shall cause his register ticket to be delivered to the governor or kes per of such prison or house of correction, who shall retain the same during the period of the seaman's imprisonment, and at the expi ation of such period shall return the register ticket to the seaman ; and whenever a seaman shall be sentenced to death or transportation, the officer having the custody of such seaman shall transmit his register ticket to the registrar of seamen. — § 6. The statute does not render a verbal agreement for wages absolutely void; but it imposes a penalty on the master if a written agreement be not made. And no written agreement contrary to the act, by which a seaman should renounce any claim to wages in the case of freight earned by a ship subsequently lost, or any claim to salvage, would be valid. When a written agreement is made conformably to the act, it becomes the only evidence of the contract between the parties; and a seaman cannot recover any thing agreed to be given in reward for his services, which is not specified in the articles. A seaman who has engaged to serve on board a ship, is bound to exert himself to the utmost in the service of such ship; and, therefore, a promise made by the master of a ship in distress, to pay an extra sum to a seaman, as an inducement to extraordinary exertion on his part, is essentially void. 3. Conduct of Seamen. It is essential to the business of navigation that the most prompt and ready obedience should be paid to the lawful commands of the master. To this effect it is covenanted in the articles of agreement previously quoted, that “the crew engage to conduct themselves in an orderly, faithful, honest, careful, and sober inanner; and to be at all times diligent to (in) their respective duties and stations, and to be obedient to the lawful commands of the master in every thing relating to the said ship, and the materials, stores, and cargo thereof, whether on board such ship, in boats, or on shore." In case of disobedience or disorderly conduct, on the part of the seamen, the master may correct them in a reasonable manner. Such an authority is absolutely necessary for the safety of the ship and of those on board; it, however, behoves the master to employ it with great deliberation, and not to pervert the powers with which he is intrusted for the good of the whole, to cruel or vindictive purposes. Masters abusing their authority must answer at law for the consequences; and, except under very grave and urgent circumstances, the infliction of chastisement without previous inquiry should be carefully avoided. But in cases of actual or open mutiny, or of gross misconduct by the crew or any part of them, it may be incumbent on the master to act at once with all the energy and decision of which he is capable. In such unfortunate cases his resistance becomes an act of self defence, and is to be considered in all its consequences in that point of view. The Ordinances of Oleron and Wisby declare that a mariner who strikes the master shall either pay a fine or lose his right hand; a singular as well as barbarous alternative, unknown in modern jurisprudence. But although the master may by force restrain the commission of crimes, he has no judicial authority over or right to punish the criminal, but is bound to secure his person and bring him before a proper tribunal. And all justices of the peace are empowered to receive informations touching any murder, piracy, felony, or robbery upon the sea, and to commit the offenders for trial. —(43 Geo. 3. c. 160.) The desertion or absence without leave of seamen from a ship, while on a voyage to foreign parts, being attended with many bad consequences, has been provided against in all maritime laws. It is enacted by the 7 & 8 Victoria, c. 112. Forfeiture for temporary Absence from Duty. - If any seaman during the time or period specified for his service shall wilfully and without leave absent himself from the ship, or otherwise from his duty, he shall (in all cases not of desertion, or not treated as such by the master,) forfeit out of his wages the amount of 2 days' pay, and for every 24 hours of such absence the amount of 6 days' pay, or, at the option of the master, the amount of such expences as shall have been necessarily incurred in hiring a substitute; and in case any seaman while he shall belong to the ship shall without sufficient cause neglect or retuse to perform such his duty as shall be reasonably required of him by the master or other person in command of the ship, he shall be subject to a like forfeiture in respect of every such offence, and of every 24 hours' continuance thereof; and in case any such seaman after the ship's arrival at her port of delfvery, and before her cargo shall be discharged, shall quit the ship, without a previous discharge or leave from the master, he shall forfeit 1 mouth's pay out of his wages: provided always, that no such forfeiture shall be incurred unless the fact of the seaman's absence, neglect, or refusal be duly entered in the ship's log book, the truth of which entry it shall be incumbent on the owner or master, in all cases of dispute, to substantiate by the evidence of the mate or some other credible witness. - § 7. How Amount of Forfeiture is to be ascertained when Seamen contract for the Voyage. In all cases where the seaman shall have contracted for wages by the voyage or by the run or by the share, and not by the month or other stated period of time, the amount of forfeitures to be incurred by seamen under this act shall be ascertained in manner following; viz. if the whole time spent in the voyage agreed upon shall exceed 1 calendar month, the forfeiture of 1 month's pay expressed in this act shall be accounted and taken to be a forfeiture of a sum of money bearing the same proportion to the whole wages or share as a calendar month shall bear to the whole time spent in the voyage; and in like manner a forfeiture of 6 days' pay, or less, shall be accounted and taken to be a forfeiture of a sum bearing the same proportion to the whole wages or share as the 6 days or other period shall bear to the whole time spent in the voyage; and if the whole time spent in the voyage shall not exceed the period for which the pay is to be forfeited, the forfeiture shall be accounted and taken to be a forfeiture of the whole wages or share; and the master or owner is hereby authorized to deduct the amount of all forfeitures out of the wages or share of any seamen incurring the same. - § 8. Forfeiture for Desertion. - Any seaman or other person who shall desert the ship to which he shall belong, shall forfeit to the owner thereof all his clothes and effects which he may leave on board, and he shall also forfeit all wages and emoluments to which he might otherwise be entitled, and in case of any seaman deserting abroad he shall likewise forfeit all wages and emoluments whatever which shall be or become due or be agreed to be paid to him from or by the owner or master of any other ship in the service whereof such seaman may have engaged for the voyage back to the U. K.; and all wages and portions of wages and emoluments which shall in any case whatever become forfeited for desertion shall be applied, in the first instance, in or towards the reimbursement of the expences occasioned by such desertion to the owner or master of the ship from which the seaman shall have deserted, and the remainder shall be paid to the Seamen's Hospital Society and the master shall, in case of desertion in the U. K., deliver up the register ticket of such seaman or other person to the collector or comptroller of the customs at the port: provided always, that every desertion he entered in the log book at the time, and certified by the signatures of the master and the mate, or the master and one other credible witness; and that the absence of a seaman from his ship for any time within 24 hours immediately preceding the sailing of the ship from any port, whether before the commencement or during the progress of any voyage, wilfully and knowingly without permission, or the wilful absence of a seaman from his ship at or for any time without permission, and under circumstances showing an intention to abandon the same, and not return thereto, shall be deemed a desertion of and from the same ship; and in case any seaman shall desert in parts beyond the seas, and the master of the ship shall engage a substitute at a higher rate of wages than that stipulated in the agreement to be paid to the seaman so deserting, the owner or master of the ship shall be entitled to recover from the deserter, by summary proceeding, in the same manner as penalties are by this act made recoverable (so far as the same can be applied), any excess of wages or portion thereof which such owner or master shall pay to such substitute beyond the amount which would have been payable to the deserter in case he had duly performed his service pursuant to his agreement: provided always, that no seaman shall be imprisoned longer than 3 calendar months for non-payment of any such excess of wages. - § 9. Penalty for harbouring Deserters. If any person shall wilfully harbour or secrete any seaman or ap prentice who shall have deserted from his ship, knowing or having reason to believe such seaman or apprentice to be a deserter, every person so offending shall for every such seaman or apprentice so harboured or secreted forfeit and pay the sum of 101.; and no debt exceeding in amount 5s., incurred by any seaman after he shall have engaged to serve, shall be recoverable until the service agreed for shall have been concluded; nor shall it be lawful for any keeper of a public house, or of a lodging house for seamen, to detain any chest, tools, or other property of any seaman for any debt alleged to have been contracted by him; and in case of such detention of the chest, tools, or other property of a seaman, it shall be lawful for any justice of the peace at or near the place, upon complaint upon oath to be made by such seaman or on his behalf, to inquire into the matter upon oath in a summary way; and if it shall appear to such justice that the alleged claim is fraudulent, or that the debt was not fairly incurred to the full amount of the claim, by warrant under his band and seal, to cause such effects to be seized and delivered over to such seaman; and the person so detaining the same shall forfeit and pay a sum not exceeding 104, at the discretion of such justice. — § 10. It is, however, to be observed, that there are circumstances, such as gross misconduct, or systematic and extreme ill-treatment on the part of the master, that will justify the seamen in resisting his authority or deserting the ship. The duties and obligations of master and men are reciprocal; the latter are bound to give due obedience and respect to all the reasonable commands of the master, and even to those that may appear to be unreasonable; but they are not bound to obey orders that would obviously compromise their own security or that of the ship. "Desertion," said Lord Kenyon, " is a forfeiture of wages; but if the captain conducts himself in such a way as puts the sailor into that situation that he cannot without damage to his personal safety continue in his service, (human nature speaks the language,) a servant is justified in providing for that safety." The necessity of securing in all ordinary cases the most prompt compliance with the orders of the master is, however, so very urgent, that no proceeding on the part of the latter, unless it be of the most unwarrantable description, will justify the seamen in deserting or resisting his commands Disobedience to the latter is uniformly presumed to be an offence of the gravest kind: and nothing but the most overwhelming necessity will vindicate the seamen by whom it may be committed. "The court," to use the words of Lord Stowell, "will be particularly attentive to preserve that subordination and discipline on board ship which is so indispensably necessary for the preservation of the whole service, and of every person concerned in it. A peremptory or harsh tone, or an overcharged manner, in the exercise of authority, will never be held by this court to justify resistance. It will not be sufficient that there has been a want of that personal attention and civility which usually takes place on other occasions, and might be wished generally to attend the exercise of authority. The nature of the service requires that those persons that engage in it should accommodate themselves to the circumstances attending it, and those circumstances are not unfrequently urgent, and create strong sensations which naturally find their way in strong expressions and violent demeanour. The persons subject to this species of authority are not to be captious, or to take exception to a neglect of formal or ceremonious observances."-(Dodson's Admiralty Reports, ii. 261.) For an account of the penalties imposed on the master for leaving seamen in foreign countries, or refusing to bring them back, see post, and art. MASTER. Neglect of duty, disobedience of orders, habitual drunkenness, or any cause which will justify the master in discharging a seaman during the voyage, will also deprive the seaman of his wages. If the cargo be embezzled or injured by the fraud or negligence of the seamen, so that the merchant has a right to claim satisfaction from the master and owners, they may, by the custom of merchants, deduct the value thereof from the wages of the seamen by whose misconduct the injury has taken place. And the last proviso introduced into the agreement to be signed by the seamen, (see Schedules A. and B. pp. 1091-92) is calculated to enforce this rule in the case of the embezzlement, or the loss or destruction by negligence, of any part of the cargo or of the ship's stores. This proviso, however, is to be construed individually, as affecting only the particular persons guilty of the embezzlement, and not the whole crew. Nor is any innocent person liable to contribute a portion of his wages to make good the loss occasioned by the misconduct of others. The offences of running away with the ship, or voluntarily yielding her up to an enemy, or making a revolt, have in all cases been visited with the severest punishment. The statute 11 & 12 Will. 3. c. 7. enacted "That if any commander or master of any ship, or any seaman or mariner, shall in any place, where the admiral hath jurisdiction, betray his trust and turn pirate, enemy, or rebel, and piratically and feloniously run away with his or their ship or ships, or any barge, boat, ordnance, ammunition, goods, or merchandizes, or yield them up voluntarily to any pirate, or shall bring any seducing messages from any pirate, enemy, or rebel, or consult, combine, or confederate with, or attempt or endeavour to corrupt any commander, master, officer, or mariner, to yield up or run away with any ship, goods, or merchandizes, or turn pirate, or go over to pirates; or if any person shall lay violent hands on his commander, whereby to hinder him from fighting in defence of his ship and goods committed to his trust, or that shall confine his master, or make or endeavour to make a revolt in the ship; shall be adjudged, deemed, and taken to be a pirate, felon, and robber, and being convicted thereof according to the directions of this act, shall have and suffer pain of death, loss of lands, goods, and chattels, as pirates, felons, and robbers upon the seas ought to have and suffer." But by the 7 W. 4. & 1 Vict. c. 88., the penalty for this offence has been changed to transportation beyond seas for life, or for not less than 15 years, or to imprisonment for any term not exceeding 3 years. The wilful destruction or loss of the ship has, in all countries, been punished by death. But doubts having been entertained whether the destruction of a ship that had been insured came within the scope of the previously existing statutes, they were repealed by the 43 Geo. 3. c. 113., and the following provision substituted in their stead: "That if any person or persons shall, from and after the 16th day of July, 1803, wilfully cast away, burn, or otherwise destroy any ship or vessel, or in anywise counsel, direct, or procure the same to be done, and the same be accordingly done, with intent or design thereby wilfully and maliciously to prejudice any owner or owners of such ship or vessel, or any owner or owners of any goods laden on board the same, or any person or persons, body politic or corporate, that hath or have underwritten or shall underwrite any policy or policies of insurance upon such ship or vessel, or on the freight thereof, or upon any goods faden on board the same, the person or persons offending therein, being thereof lawfully convicted, shall be deemed and adjudged a principal felon or felons, and shall suffer death, as in cases of felony, without benefit of clergy." The penalty for this offence is now, however, also changed tɔ transportation for life, or not less than 15 years, or to imprisonment for not less than 3 years.-(1 Vict. c. 89.) 4. Payment of Seamen's Wages, &c. — In order to stimulate the zeal and enterprise of seamen, it has been the policy of all maritime states to make the payment of their wages depend on the successful termination of the voyage; and, for this reason, the insurance of their wages has been everywhere prohibited. "The mariner," as Lord Stowell has forcibly stated, "goes to sea upon the single security of the freight. Freight is the mother, and the only mother of wages; if that goes, everything goes. He has no stepfather, if I may say so, in the character of insurer to supply the loss."-(2 Dodson's Admiralty Reports, 510.) When, therefore, by any disaster happening in the course of the voyage, such as the loss or capture of the ship, the owners lose their freight, the seamen also lose their wages. If a ship on a voyage out and home has delivered her outward-bound cargo, but perishes in the homeward voyage, the freight for the outward voyage is due; so, in the same case, the seamen are entitled to receive their wages, for the time employed in the outward voyage and the unloading of the cargo, unless by the terms of their contract the outward and homeward voyages be consolidated into one. If a ship sail to several places, wages are payable to the time of the delivery of the last cargo. Upon the same principle where money has been advanced to the owners in part of the freight outwards, and the ship perished before her arrival at the port of delivery, it was held that the seamen were entitled to wages in proportion to the money advanced. If, after seamen have been hired, the owners of a ship do not think proper to send her on the intended voyage, the seamen are to be paid for the time during which they may have been employed on board the ship; and in the event of their sustaining any special damage by breaking off the contract, it is but reasonable that they should be indemnified. In the case of shipwreck, it is the duty of the seamen to exert themselves to the utmost to save as much as possible of the vessel and cargo. If the cargo be saved, and a proportion of the freight paid by the merchant in respect thereof, it seems, upon principle, that the seamen are also entitled to a proportion of their wages. And for their labour in saving the cargo, or the remains of the ship, they, as well as other persons, may be entitled to a recompence by way of salvage. The laws of Oleron rule, that if, in case of shipwreck, "the seamen preserve a part of the ship and lading, the master shall allow them a reasonable consideration to carry them home to their own country; and in case they save enough to enable the master to do this, he may lawfully pledge to some honest persons such part thereof as may be sufficient for the occasion." By the laws of Wisby, "the mariners are bound to save and preserve the merchandise to the utmost of their power, and, whilst they do so (ce-faisant, according to the French translation), ought to be paid their wages, otherwise not." By the Hanseatic Ordinance, if a ship happen to be cast away, the mariners are obliged to save as much as in them lies, and the master ought to requite them for their pains to their content, and convey them at his own charge to their dwelling places; but if the mariners refuse to assist their master, in such case they shall have neither reward nor wages paid them." |
