14. By the ancient marine ordinances, if a mariner falls sick during a voyage, or is hurt in the performance of his duty, he is to be cured at the expence of the ship, but not if he receives an injury in the pursuit of his own private concerns (a) (1).

(a) Laws of Oleron, art. 6, of Wisbuy, art. 18, of the Hanse Towns, art. 39, &c. See Cleirac on

the laws of Oleron ubi supra. See post, part 4, ch. 2. s. 2.

(1) Nor is he to be cured at the expence of the ship, if the sickness or disability is owing to vicious or unjustifiable conduct. Laws of Oleron, art. 6. In one case, Judge Peters seems to have considered, that the cure is to be at the expence of the ship when a seaman is disabled on actual duty, but not when he is taken sick or (owing to no misconduct) accidentally disabled while in service. Walton, &c. v. Ship Neptune, 1 Peters. Adm. Rep. 151. But this doctrine may seem to be qualified by a note to the text in the same case, and also by a note to Hastings, &c. v. Ship Happy Return, 1 Peters. Adm. Rep. 255; and as to the case of sickness, the doctrine is contrary to the laws of Oleron, art. 7.

The act of Congress, (29. July, 1790, ch. 29. sect. 8.) provides that if a medicine chest is not provided and kept fit for use in the cases required by the act, the master of the ship shall provide and pay for all such advice, médicine; and attendance of physicians, as any of the crew shall stand in need of, in case of sickness, without any deduction from their wages. Judge Peters seems very reluctantly to have held that if the medicine chest is so provided, the seaman must pay for chirurgical and medical advice and attendance, and says, "I have not been "perfectly satisfied that the seamen should pay the bill for "medical advice, which, to complete the intent of the provi❝sion, should be a charge on the ship; but finding the weight "of authority that way, I have yielded." But the same Judge.

15. If by shipwreck, capture, or other unavoidable accident, any seafaring men or boys, subjects of Great Britain, are cast away in foreign parts, the governors, minister, and consuls appointed by his Majesty, or where none such are resident, two or more British merchants there residing, are required to provide for and subsist them, at the rate of sixpence per day, for which they are to send bills with proper vouchers to the commissioners of the navy, and to put them on board the first ship belonging to his Majesty that arrives there, or

within a convenient distance, and in case no [180] such ship shall be found, to send them on board such merchant ships bound for Great Britain as shall be in want of men and if neither case happens within a convenient time, to provide them a passage homeward in the first merchant ship bound for Great Britain, of which the master is bound to receive, not exceeding four persons for every one hundred tons of his ship's burthen; and he is to be paid sixpence per day by the commissioners of the navy for such of them, as he did not want toward his own complement of men (b) (1).

(b) 1. Geo. 2. st. 2. c. 14. s. 12.

seems to have held generally, that the medicine and nursing of the sick seaman, and even his board on shore, where circumstances required it, were charges on the ship. See the cases and notes cited above, and in conformity thereto, the laws of Oleron, art. 7.

(1) The Act of the U. S. 28. February, 1803, ch. 62. 6 U. S. L. 206. sect. 4. enacts, that the consuls or other agents of the U. S. at foreign ports, shall provide subsistence and passages.

16. If a master of a merchant ship being abroad shall force any man on shore, or wilfully leave him behind in any of his Majesty's plantations, or elsewhere, or refuse to bring home again all such of the men he carried out with him, as are in a condition to return, when he shall be ready to proceed in his homeward-bound voyage, every such master shall, being thereof legally convicted, suffer three months imprisonment (c) (2).

(c) 11 & 12 Wm. 3. c. 7. s. 18.

to the U. S. for destitute American seamen in a reasonable manner, at the expence of the United States; and masters of ships are thereby required, under the penalty of one hundred dollars, to take on board at the request of such consuls or agents, at a price not exceeding ten dollars for each person, two seamen for every one hundred tons burthen of the ship, and to transport them to the United States; and the seamen, so put on board shall, if able, do duty during the voyage.

(2) See ante 165. sect. 6. and quere if this statute applies to a case of discharge for misbehaviour.

CHAPTER THE FIFTH.

OF PILOTS.

THE name of pilot, or steersman, is applied either

to a particular officer, serving on board a ship during the course of a voyage, and having the charge [181] of the helm and of the ship's route; or to a person taken on board at a particular place for the purpose of conducting a ship through a river, road, or channel, or from or into a port. The French Ordinance,' contains several regulations calculated to obtain the necessary skill and experience in persons of the first description (d). In this country there is no particular provision relating to them, and many ships are navigated without an officer of this description, the master taking upon himself the charge of the helm, and the conduct of the vessel.

Pilots of the second description are established at several places in this country by ancient charters of incorporation or particular statutes (e). And in general the master of a ship engaged in foreign trade must put his ship under the charge of such a pilot, both in his outward and homeward voyage, within the limits of

(d) Liv. 2. Tit. 4. Du Pilote. (e) Pilotage from Dover, Deal, and the Isle of Thanet, up the riv. ers Thimes and Medway, is regulated by statutes, 3 Geo. 1. c. 13. 7 Geo. 1. c. 21. and 43 Geo. 3. c. 152. revived and continued by 47 Geo. 3. st. 2. c. 71. P. 1. & p. Pilotage down the Thames, and through the

North-Channel to or by Orfordness. and round the Long-Sand-Head into the Downs, and down the South-Channel into the Downs, and from or by Orfordness up the North-Channel and the Thames and Medway, by 5 Geo. 2. c. 20. And pilotage into and out of the port of Liverpool by 37 Geo. 3. c. 78.

every such establishment (f). An account of these establishments, and of the parts to which they relate, would be improper in a general treatise; and masters of vessels may easily acquaint themselves with the regulations on this subject relating to the particular navigation, in which they are employed. I[182] shall therefore only mention a few decisions which appear to be of more general interest.

The statute which requires an established pilot to be taken on board to conduct ships from Dover, Deal, or the Isle of Thanet, up the Thames or Medway, contains an exception, allowing "the master or mate, of any 66 ship or vessel, or part-owner, residing at Dover, Deal, "or the Isle of Thanet," to conduct his own ship from any of those places up the said rivers (g). The meaning of this clause appears sufficiently obvious; yet it was once contended, that a master and part-owner, not resident at either of those places, might pilot his own, ship up the Thames, on his return from a foreign voyage to London. But the Court of King's Bench thought the meaning of the Legislature to be otherwise, and determined that the master was subject to the penalty imposed by the statute (h).

But both this statute, and that (i), which regulates pilotage down the river Thames, apply only to ships in the course of their navigation. And the Court of King's Bench decided that the mate of a ship engaged in the Lisbon trade, who steered the ship, which at the time was not quite cleared of her homeward cargo, and had a custom-house officer on board, down the river Thames

(f) Law v. Hollingsworth, 7 Ter. Rep. K. B. 160.

(g) 3 Geo. 1. c. 13.

(h) Kemler v. Blanchard, 2 Blac 690. 5 Burr. 2602.

(i) 5 Geo. 2. c. 20.