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Wages

where voy

age is bro

fore de

S1069. Where a voyage is broken up before de

ken up be parture of the ship, the seamen must be paid for the time they have served, and may retain for their indemnity such advances as they have received.

parture.

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Modified from Code de Com., art. 252.

S1070. When a mate or seaman is wrongfully discharged, or is driven to leave the ship by the cruelty of the master on the voyage, it is then ended with respect to him, and he may thereupon recover his full wages.

2 Pars. Mar. Law, 574; Ward v. Ames, 9 Johns., 138; The Minerva, 1 Hagg. Adm., 368. Reasonable apprehension of cruelty has been held sufficient excuse for desertion (Edward v. Trevellick, 4 El. & B., 59).

S1071. In case of loss or wreck of the ship, a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the ship, cargo and stores.

This provision is substantially enacted in England (Stat 7 & 8 Vict., c. 112, § 17), making the seaman's right however, absolutely dependent upon the officer's cer tificate.

S1072. A certificate from the master or chief surviving officer of a ship, to the effect that a seaman exerted himself to the utmost to save the ship, cargo, and stores, is presumptive evidence of the fact.

S1073. Where a mate or seaman is prevented from rendering service by illness or injury, incurred without his fault,' in the discharge of his duty on the voyage, or by being wrongfully discharged, or by a capture of the ship,' he is entitled to wages notwithstanding; but in case of capture, a ratable deduction for salvage is to be made.3

A seaman cannot recover wages for a period during which he was disabled by his own fault (Johnson v.

Huckins, Sprague, 67; 6 Law Rep., 311).

Wetmore v. Henshaw, 12 Johns., 324.

'Wetmore v. Henshaw, 12 Johns., 324.

nance of

during

S1074. If a mate or seaman becomes sick or dis- Maineabled during the voyage without his fault, the seamen expense of furnishing him with suitable medical sickness. advice, medicine, attendance, and other provision for his wants, must be borne by the ship till the close of the voyage.

This exception to the rule is recognized in Johnson v.

Huckins, Sprague, 67.

Croucher v. Oakman, 3 Allen, 185; Harden v. Gordon,

2 Mason, 541; Freeman v. Baker, 1 Blatchf. & H.
Adm., 382; Walton v. The Neptune, 1 Pet. Adm.,
142; The George, 1 Sumn., 151; Reed v. Canfield,
id., 197; Brown v. Overton, Sprague, 462; The
Forrest, Ware, 420; Knight v. Parsons, Sprague, 279.

the voyage.

S1075. If a mate or seaman dies during the voy- Death on age, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage.

forfeits

S 1076. Desertion of the ship without cause, or a Theft, &c., justifiable discharge by the master during the wages. voyage, for misconduct, or a theft of any part of the cargo or appurtenances of the ship, or a willful injury thereto or to the ship, forfeits all wages due for the voyage to a mate or seaman thus in fault.

Spencer v. Eustis, 21 Me., 519; Coffin v. Jenkins, 3
Story, 108; Cloutman v. Tunison, 1 Sumn., 373.

cannot ship

S1077. A mate or seaman may not, under any pre- Seamen text, ship goods on his own account, without permis- goods. sion from the master.

Code de Com., art. 251.

ment and

S1078. If any part of the cargo or appurtenances Embezzleof a ship is embezzled or injured by the mate or a injuries. seaman, the offender, or, if it is not known which is the offender, all those of whom negligence or fault may be presumed, must make good the loss.

Lewis v. Davis, 3 Johns., 17; Spurr v. Pearson, 1 Mass., 104.

erning

S1079. The shipment of officers and seamen, Law gov and their rights and duties, are further regulated by seamen. acts of congress.

Manager, what.

Duties of manager.

Compensa tion.

ARTICLE VI.

SHIPS' MANAGERS.

SECTION 1080. Manager, what.
1081. Duties of manager.

1082. Compensation.

S1080. The general agent for the owners, in respect to the care of a ship and freight, is called the manager; if he is a part owner he is also called the managing owner.

The commissioners have preferred not to use the phrase "ship's husband."

S1081. Unless otherwise directed, it is the duty of the manager of a ship to provide for the complete seaworthiness of the ship; to take care of it in port; to see that it is provided with necessary papers, with a proper master, mate and crew, and supplies of provisions and stores.

S1082. A managing owner is presumed to have no right to compensation for his own services.

Benson v. Heathorn, 1 Young & C., 326; Smith v. Lay, 3
Kay & Johns., 105.

Voluntary interference

with pro

perty.

CHAPTER III.

SERVICE WITHOUT EMPLOYMENT.

SECTION 1083. Voluntary interference with property
1084. Salvage.

S1083. One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession, for the purpose of rendering a service about it, must complete such service, and use ordinary care, diligence and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses, incurred by him about such service, from any profits which his service has

caused the thing to acquire for its owner, and must account to the owner for the residue.

S1084. Any person, other than the master, mate, Salvage or a seaman thereof, who rescues a ship, her appurtenances, or cargo, from danger, is entitled to a reasonable compensation therefor, to be paid out of the property saved. He has a lien for such claim, which is regulated by the Title on LIENS.

Baker v. Hoag, 7 N. Y., 557.

TITLE VII.

CARRIAGE.

CHAPTER I. Carriage in general.
II. Carriage of persons.
III. Carriage of property.
IV. Carriage of messages.
V. Common carriers.

CHAPTER I.

CARRIAGE IN GENERAL.

SECTION 1085. Contract of carriage.

1086. Different kinds of carriers.

1087. Marine and inland carriers, what.
1088. Carriers by railroad and steamboat.
1089. Carriers by sea.

1090. Obligations of gratuitous carriers.

1091. Obligations of gratuitous carrier who has begun to carry.

S1085. The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another.

S 1086. Carriage is either:

1. Inland; or,

2. Marine.

S 1087. Carriers upon the ocean, upon arms of the sea, upon the great lakes Ontario, Erie, Huron,

Contract of carriage.

Different kinds of carriers.

Marine and riers, what

inland car

Carriers by railroad and steamboat.

Carriers by

sea.

Obligations

of gratuit

ous car

riers.

Obligations

of gratuit

who has

begun to

Michigan and Superior, and upon the rivers and canals connecting those lakes with each other, are marine carriers. All others are inland carriers.

S1088. Rights and duties peculiar to carriers by railway and steamers, are defined in the POLITICAL CODE.

S1089. Rights and duties peculiar to carriers by sea, are defined by acts of congress.

S1090. Carriers without reward are subject to the same rules as employees without reward, except so far as is otherwise provided by this Title.

S 1091. A carrier without reward, who has begun ous carrier to perform his undertaking, must complete it in like manner as if he had received a reward, unless he restores the person or thing' carried to as favorable a position as before he commenced the carriage.2

Barry.

This is intended to include messages as well as property. "It would be manifestly unreasonable to allow a railway company to eject a passenger upon a free ticket, when he had made only half his journey. On the other hand, there would be no injustice in a refusal to allow him to start upon the journey.

CHAPTER II.

CARRIAGE OF PERSONS.

ARTICLE I. Gratuitous carriage.

II. Carriage for reward.

Degree of

care re

quired.

ARTICLE I.

GRATUITOUS CARRIAGE OF PERSONS.

SECTION 1092. Degree of care required.

S1092. A carrier of persons without reward must use ordinary care and diligence for their safe carriage.

As extreme care is required of carriers for reward (see section 1093) out of regard for human life, it seems to follow that at least ordinary care should be required of gratuitous carriers.

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