THE master, more commonly called the captain, is the person THE MASTER. appointed by the owner or owners, to command, navigate and manage the ship (a); and the law regards him as an officer who must render account for the whole charge committed to his care. By reason of his possession of the ship he may bring an action against a wrong-doer who seizes the ship, and may sue for freight earned under a contract to which he is a party (b). But where by a charter-party made by the master, the charterer agreed to pay freight generally, without saying to whom, it

(a) Molloy, B. 2, c. 2, s. 1; 3 Kent's Com. 160; the Consolato, c. 16. A full account of his office and duty under the French law will be found in the Encyclopédie du Droit, tit. Capitaine de Navire, and in the Dictionnaire Universel de Droit Maritime Caumont (Paris, 1867), tit. Capitaine, pp. 456— 469. See also Code de Commerce,

Art. 221-249. By the M. S. Act,
1854, s. 2, the term "master" includes
every person (except a pilot) having
command or charge of any ship.

(b) Pitts v. Gainee, 1 Ld. Raym. 558;
Shields v. Davis, 6 Taunt. 65. He may
allege in pleading that the goods were
carried in his ship. Ib.

QUALIFICA

TIONS.

was held that the owner having received the freight, the master could not maintain an action for it against the charterer, although he had given him notice not to pay it to any one but himself (4). He may sue the consignor for the breach of any contract contained in the bill of lading (e); but, in the absence of an express contract, he cannot sue for the breach of an implied promise to discharge the ship within a reasonable time (d).

As the master possesses an almost absolute control over the crew and passengers, and is entrusted with very extensive powers and duties as regards the interests of the owners, and of the freighters and the care of the ship and cargo, and as he is liable, at any time, to be called upon to exercise agencies of a complex character, it is necessary that he should be a person capable of performing these numerous and important duties with skill, energy and good faith.

We will consider:-1, the qualifications of the master; 2, his appointment and remuneration; 3, his authority over the crew and others on board; 4, his duties; and 5, his personal liability, and that of the owners, and of the freighters, arising out of his acts.

First, as to his qualifications. Until 1854 it was in all cases necessary that the master of a British registered ship, wherever she was, should be a British subject (e). This, however, is no longer so (f). In most of the countries of maritime Europe there have long existed some legislative requirements as to the fitness and capacity of masters (g); in England, however, there were, until lately, no provisions on this subject, and owners, like others who are compelled to employ agents, were left to their own discretion to engage persons on whose skill and fidelity they could rely.

Examination. A system of examination was however established in 1850

(b) Atkinson v. Cotesworth, 3 B. & C. 647.

(c) Cauthron v. Trickett, 15 C. B., N. S. 754.

(d) Brouncker v. Scott, 4 Taunt. 1; Jesson v. Solly, ib. 52; Evans v. Forster, 1 B. & Ad. 118; Stindt v. Roberts, 5 D. & L. 460.

(e) See 12 & 13 Vict. c. 29, now repealed.

(f) By the M. S. Act, 1854, s. 44, the master's name must be inserted

in the certificate of registry; and, by sect. 46, a change of master must be indorsed on the certificate, and the officers of Customs, at any port under British dominion, may refuse to allow any person to act as master at such port, unless his name is in or on the certificate (see supra, pp. 20, 21).

(g) See French Ordonn., 7th August, 1825; Encyclopédie du Droit, tit. Čapitaine de Navire; 3 Kent, Comm. 160, note (a).

by the Mercantile Marine Act, 13 & 14 Vict. c. 93, (which act is now repealed,) under which certificates might be granted by the Board of Trade, upon reports from the local boards.

competency

The Merchant Shipping Acts, 1854 and 1862, contain the Certificates of chief provisions which now regulate these examinations; under and service. the former act Local Marine Boards are constituted at certain ports (g), consisting of certain local officers, with four persons appointed by the Board of Trade, and six who are elected by shipowners (). These boards are bound to provide for the examination of masters and mates of "foreign-going ships" and of "home trade passenger ships" (i). The examination is under the control of the Board of Trade (j); it extends to the competency of the applicants; who must produce satisfactory testimonials of character and of their sobriety, experience, ability and good conduct on board ship; and when it has been passed, the Board of Trade (except where there is reason to suppose that the report of the local board has been unduly made, when the Board may remit the case to the same or other examiners) grants to the applicants a "certificate of competency;" either as master, first, second or only mate of a foreign-going ship, or as master or mate of a home trade passenger ship, as the case may be ().

By the Merchant Shipping Act, 1862, provision is made for the examination of masters and mates at ports where there are no Local Marine Boards. It is provided that the Board of Trade may, if satisfied that serious inconvenience exists at any

(9) These are (Jan. 1879):-Bristol, Hull, Liverpool, London, Newcastle, Plymouth, North Shields, South Shields, Sunderland, Aberdeen, Dundee, Glasgow, Greenock, Leith, Belfast, Cork, Dublin.

(h) The M. S. Act, 1854, ss. 110-121. See post, Chap. IV. CREW, where these provisions are more fully considered.

(1) The M. S. Act, 1854, s. 131. The term "foreign going ship" includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits, that is to say, the coasts of the United Kingdom, the Islands of Guernsey, Jersey, Sark, Alderney and Man, and the continent of Europe be

tween the river Elbe and Brest inclu-
sive. A "home trade passenger ship'
means every home trade ship (that is,
every ship employed in trading or
going within the above-mentioned
limits) employed in carrying pas-
sengers. See sect. 2. Voluntary ex-
aminations have lately been instituted
for masters who command their own
yachts.

(j) The M. S. Act, 1854, s. 132. As
to fees, see 8. 133, and Schedule,
Table R.; and see Appendix, "Forms,"
No. 23, and No. 55, note (a).

(4) The M. S. Act, 1854, s. 134. A statement as to the qualifications required in masters and mates of foreign going and home trade ships has been issued by the Board of Trade, and printed by the Queen's printers.

port in consequence of the distance which applicants for certificates have to travel in order to be examined, send the examiners or examiners of any Local Marine Board to the port where this inconvenience exists; and the examination may thereupon be carried on at that port, in the presence of any persons appointed by the Board of Trade, and in the same manner as any other examination under the act (7). And by the Merchant Shipping Act, 1873, sect. 10, in any case where the business of a mercantile marine office (m) is conducted otherwise than under a Local Marine Board, the Board of Trade may establish a mercantile marine office, and procure the requisite buildings, and appoint superintendents, deputies, clerks and servants. They may also make all provisions and exercise all powers with respect to the holding of examinations for the purpose of granting certificates of competency as masters, mates, or engineers, to persons desirous of obtaining the same, as might have been made or exercised by a Local Marine Board.

The Merchant Shipping Act, 1862, provides that steam-ships, which are required to have on board certificated masters, shall also carry certificated engineers; and this statute provides for the examination of such engineers and the granting of certificates to them (n).

Under these statutes the Board of Trade has issued regulations with reference to the examination of masters and mates, and engineers; and masters and mates who are entitled to, or who hold certificates of competency, may, if they choose, undergo a voluntary examination as to their practical knowledge of the use and working of the steam-engine, and obtain an endorsement on their certificates that they have "passed in steam."

The Merchant Shipping (Colonial) Act, 1869, by sect. 8, enables the Queen to give effect to certificates granted by British colonial authorities where the Board of Trade reports that they are granted on such principles, and show the like qualification and competency as those granted in this country (0).

Other certificates, called "certificates of service," may also be granted under the statute, without examination, to persons

(1) The M. S. Act, 1862, s. 17.

(m) See the M. S. Act, 1854, ss. 122— 125, and the M. S. Act, 1862, s. 15; post, Chap. IV. CREW.

(n) See also post, Chap. IV. CREW.

(0) The 32 Vict. c. 11. As to the details of this Act, see App. p. cccv. See also Appendix, "Orders in Council-Certificates of Competency," pp. 1-12.

who, before the 1st of January, 1851, had served as master or mate in the British merchant service, or before the 1st of January, 1854, as master or mate on board home trade passenger ships. Similar certificates may be claimed by all persons who have attained the rank of lieutenant, master, passed mate or second master, or any higher rank in the Queen's or the Indian service (p).

No foreign going ship or home trade passenger ship may go to sea from a port in the United Kingdom unless the master, and, in the case of foreign going ships, the first and second mates, or only mate, and in the case of home trade passenger ships, the first or only mate, have certificates of competency or service appropriate to or above their stations in the ship (7). And every steam ship which is required to have a master possessing a certificate must have an engineer possessing a certificate (r). The master of every foreign going ship must, upon signing the agreement with the crew, produce to the mercantile marine superintendent these certificates of competency or service. In the case of running agreements, the certificate of any mate first engaged on the second or subsequent voyages must on such voyages be produced in like manner. In the case of home trade passenger ships, the certificates must be produced half-yearly to the mercantile marine superintendent. The mercantile marine superintendents are bound to give to the masters, both of foreign going ships and home trade passenger ships, a certificate of their compliance with the provisions above mentioned, without which they cannot proceed to sea, or, in the case of a foreign going ship, be cleared outwards (s).

of certificates.

The Merchant Shipping Act, 1854, enabled the Board of Cancellation Trade to cancel or suspend certificates, whether of competency or service, of any master or mate in certain cases of incompetency

(p) The M. S. Act, 1854, s. 135. Similar provisions apply to engineers. See post, Chap. IV. CREW.

(q) Ib. s. 136. Where the tonnage of the ship equals or exceeds 100 tons, at least one officer besides the master must have a proper certificate. Ib., and see the same section as to the penalties incurred by the breach of these provisions. By sect. 137, certificates for foreign going ships are declared to be of higher grade than

corresponding certificates for home
trade passenger ships. See further as
to the duplicates of these certificates,
the granting of copies of them in cer-
tain cases, and as to the punishment
for false representations made to ob
tain them. Sects. 138, 139, 140.

(r) The M. S. Act, 1862, s. 5.

(s) The M. S. Act, 1854, ss. 161, 162; the M. S. Act, 1862, s. 10. And see Appendix, "Forms," Nos. 22, 22A, and 27A.