CHAPTER II.

PART I-MASTERS. PART II-SEAMEN. PART III-PASSENGERS.

PART I-MASTERS.

The master, or as he is usually called on the lakes "Captain," is charged with the safety of the ship and cargo, and of the life and health of all on board. He is required to conduct the navigation with skill, and to act in his command with justice, temperance and consideration, and is expected to act with prudence and judgment in all the affairs of the owners and charterers.

The owners are bound by every lawful contract made by him regarding the usual employment of the ship. The master is also bound by every such contract (1). The ship and freight are also bound to the performance of a charter.

The master is always personally bound by a contract for repairs and necessaries to the ship made by himself, unless he excepts himself in express terms in the contract. (2)

The master has an implied authority to bind the owners but not the vessel for all that is necessary to conduct the navigation of the ship to a proper destination, but this authority extends only to such things as a prudent man would deem reasonably necessary and proper to be done or supplied for the purposes of the navigation of the vessel. (3)

Where a master makes a particular engagement or warranty for the carriage of goods according to the usual employment of the ship, the owners are bound by it although made without their knowledge. (4)

Where however, the owners have specially chartered the ship, the

master cannot by his general authority as master, break such contract and change it for another with the same parties (4). The master cannot contract to carry goods, the freight for which will be payable to third parties or free of freight. (5)

It is the duty of the master to devote his full time and attention to advancing the interests of the owners, and the law allows of no custom, practice, or contract, which would give him an interest against his duty. (6)

It is his duty first to watch for the safety of the ship in port and at sea, to repair it when necessary if he cannot communicate with the owners in a reasonable time, to avoid injury from loading or unloading in improper places from improper stowage, over loading &c., and both duty and honour engage both him and the crew to defend the ship to their utmost from the Queen's enemies, pirates, or mutineers. (7)

It is always an imperative duty of the master in case of injury to the ship to send word to the owners forthwith of the nature of the damage even, although, it is not advisable for him to wait until he hears from them. (8)

He is bound to see that nothing which could be avoided is done or happens whereby the liability of the insurance companies may be discharged.

The owners are entitled to the log and also a clear and explicit account from the master of his receipts and disbursments. (9)

In all lawful matters relating to the navigation of the ship and the preservation of order, the master's power over the crew is despotic and he is responsible for the use of it only to the courts of the country. (10)

In case any of the crew are disobedient or disorderly, he may lawfully correct them in a reasonable manner. (11)

But the punishment must be applied with due moderation and in all cases which will admit of delay due inquiry should precede the act of punishment, (11)

It is customary in such cases and advisable for the master to consult with his officers, but this is not obligatory on him.

In case of punishment the whole affair should be mentioned in the log, and unless the master can show that there was sufficient cause for punishment and also that the punishment itself was reasonable and moderate, the mariner may recover damages for the injury received. (12)

It is the duty of the master to provision the ship with necessaries sufficient in quantity and of proper quality. (13)

The master has a lien on the vessel both for his wages and disbursement, provided the one be earned on board and the other made on account, applied to the use of and actually required by the necessities of the ship of which he was master. (14)

Master has authority in a foreign port to settle accounts for freight, demurrage, delay, and all matters of that kind. (15)

A master has not so much authority in the home port as in a foreign port, as in the former his owners generally see to all important transactions for the ship such as chartering &c., but even in a foreign port a master can only bind his owners in things relating to the ordinary employment of the vessel. (16)

Vessels going through canals should observe the rules regulating such canals. (17)

The master of the Idyl-Wyld was engaged for the season for $1,000. The vessel was burned in September, held that as the vessel was destroyed without fault of the owner he was only liable for the time the master performed his duties. (18)

A master who has been habitually drunk cannot maintain an action for his wages. (19)

A deviation for the purpose of saving life is justifiable, but not so for the mere purpose of saving property.. (20)

When a master receives credible information that if he keeps on in the direct course of his voyage, his ship will be in great danger from pirates, ice burghs or other dangers of navigation, he is justified

in deviating from the direct course and taking any step that a prudent man would take under the circumstances. (21)

Since the Merchants' Shipping Act of 1854, a master has now the same rights, liens and remedies for his wages which an ordinary seaman has, and he is entitled to his wages if he performed the master's duties, although while doing so he did not sleep on board and although part of such duties were performed ashore. He is also entitled to double pay not exceeding 10 days for non-payment of his wages. (22)

A master who is part owner, or mortgagee of a ship, has the same rights for his wages as if such relationship did not exist. (23)

A master may insure his commission, wages or any other interest which he may have in the ship or voyage. (24)

Masters' and seamen's liens for wages come in ahead of all claims except those for salvage and for damages by collision. (25)

A master's lien for wages, even where he is a part owner, is ahead of a mortgage on the vessel, except in cases where he has joined in the mortgage. (26)

A master is entitled to be repaid and has a lien on the vessel for all advances, expenses and cash outlay made as such master, on account of or for the benefit of the ship, provided they have been properly incurred, were actually necessary and have been really paid. (27)

A master (as well as the owners) is always personally responsible on all contracts made by him for the usual employment, repairs or supplies of the ship, except in cases where the master by express agreements charges only the owner's credit, or unless the circumstances show that the credit was really given to the owners alone. (28)

Losses occasioned by gross neglect or misconduct of seamen will be deducted from their wages if a liquidated amount. (29)

A master must be well enough acquainted with the usual course of navigation to take the vessel safely through her ordinary perils. (30)

There must be some one on board qualified to take the master's place and duties in case of necessity or otherwise the ship is not sea worthy. (31)

It is a master's duty to see that his nautical instruments are in good order, his compasses adjusted and alike, his day and night glasses cleaned and in good order, his log and lead lines in working order and that he has correct charts of the voyage on board. (32)

The master must see that the ship has the requisite number of boats and that they are up to the standard and in good servicable order.

In case there are more than one owner of a ship, those who have the largest interest in her have the right to appoint the master. (33)

In case of change of owners the old master keeps his position and can bind the new owners the same as the old until he is notified of the change and that his appointment is at an end. (34)

In case of the death, insanity, desertion or clear in capacity of the master out of port the first mate succeeds to the command and all the duties and responsibilities of the master and he is in such case entitled to the masters wages and has power to appoint other officers. (35)

By gross misconduct, constant drunkenness or entire neglect of duty by a master, and also gross incapacity a master will forfeit all wages which were not actually due at the time of such occurrence, it is otherwise where there is a mere error of judgment on the part of the master. (36)

Losses occasioned by the master's negligence or fault will be deducted from his wages. (37)

Where goods are short on account of neglect on the part of the master or mate, the amount of the loss will be taken from their wages. (38)

It is the master's duty to give all his time to his owner's interests, and he cannot trade on his own account or work for another employer at the same time. If he earns anything by above means his owners are entitled to same. (39)