Chapter VIII: Seamen--Continued

Rendering on board. Refusal to proceed. Desertion or absence during the voyage. Discharge.

RENDERING ON BOARD.--If, after having signed the articles, and after a time has been appointed for the seaman to render himself on board, he neglects to appear, and an entry to that effect is made in the log-book, he forfeits one day's pay for every hour of absence; and if the ship is obliged to proceed without him, he forfeits a sum equal to double his advance.[149] These forfeitures apply to the commencement of the voyage, and cannot be exacted unless a memorandum is made on the articles, and an entry in full in the log-book. A justice of the peace may, upon complaint of the master, issue a warrant to apprehend a deserting seaman, and commit him to jail until the vessel is ready to proceed upon her voyage. The master must, however, first show that the contract has been signed, and that the seaman departed without leave, and in violation of it.[150]

[149] Act 1790, ch. 56, §2.

[150] Do. §7.

REFUSAL TO PROCEED.--If, after the voyage has begun, and before the vessel has left the land, the first officer and a majority of the crew shall agree that the vessel is unfit to proceed on the voyage, either from fault or deficiency in hull, spars, rigging, outfits, provisions, or crew, they may require the master to make the nearest or most convenient port, and have the matter inquired into by the district judge, or two justices of the peace, taking two or more of the complainants before the judge. Thereupon the judge orders a survey, and decides whether the vessel is to proceed, or stop and be repaired and supplied; and both master and crew are bound by this decision. If the seamen and mate shall have made this complaint without reason, and from improper motives, they are liable to be charged with the expenses attending it.[151]

[151] Do. §3.

If, when the vessel is in a foreign port, the first or any other officer and a majority of the crew shall make complaint, in writing, to the consul, that the ship is unfit to proceed to sea, for any of the above reasons, the consul shall order an examination, in the same manner; and the decision of the consul shall bind all parties. If the consul shall decide that the vessel was sent to sea in an unsuitable condition, by neglect or design, the crew shall be entitled to their discharge and three months' additional pay; but not if it was done by accident or innocent mistake.[152]

[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 substituted 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 substitution or appointment of any other officer of the ship during the voyage.

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

[154] 6 Mass. 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 entitled 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 passage 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.