Chapter V: Passengers

Provisions. Treatment. Passage-money. Deportment. Services.

In Chapter I. of the Third Part, under the title "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 ship bread, and one gallon of vinegar for each passenger, 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 passengers.[105]

[105] Act 1819, ch. 170, §3.

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

[106] Do. §1.

The contract of passengers with the master is not for mere ship-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 assault.[107]

[107] 3 Mason, 342.

No passage-money is due to a ship upon an engagement to transport a passenger, before the arrival of the vessel at the port of destination. Where the passenger has paid in advance, he can reclaim his money if the voyage is not performed. If a voyage is partially performed, no passage-money is due, unless the expenses of the passenger, or the means of proceeding to the place of destination, are paid or tendered to him; in which case, passage-money in proportion to the progress in the voyage is payable.[108]

[108] 1 Pet. Ad. 126.

A passenger must submit to the reasonable rules and usages of the ship. 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 ship, the master may restrain a passenger 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 passenger to contribute his aid, according to his ability, and he is entitled 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 ship. If, therefore, he performs any extraordinary services, he becomes entitled to salvage.[109]

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