ARTICLE IV. SHIPMASTERS. SECTION 2034. Appointment of master. 2035. When must be on board. 2036. Pilotage. 2037. Power of master over seamen. 2038. Power of master over passengers. 2039. Impressing private stores. 2040. When may abandon the ship. 2041. Duties on abandonment. 2042. When master cannot trade on his own account. 2043. Care and diligence. 2044. Authority of master. SEC. 2034. The master of a ship is appointed by the Appointowner, and holds during his pleasure. N. Y. C. C., Sec. 1050. ment of master. SEC. 2035. The master of a ship is bound to be always When must on board when entering or leaving a port, harbor or river. N. Y. C. C., Sec. 1051. be on board. SEC. 2036. On entering or leaving a port, harbor or Pilotage. river, the master of a ship must take a pilot if one offers himself, and while the pilot is on board, the navigation of the ship devolves on him. N. Y. C. C., Sec. 1052. NOTE.-Regulations respecting pilots of this State are contained in the Political Code. master over seamen. SEC. 2037. The master of a ship may enforce the obedi- Power of ence of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment, not prohibited by Acts of Congress, being responsible for the abuse of his power. N. Y. C. C., Sec. 1053. SEC. 2038. The master of a ship may confine any per- Power of son on board, during a voyage, for wilful disobedience to his lawful commands. master over passengers. N. Y. C. C., Sec. 1054. private SEC. 2039. If, during a voyage, the ship's supplies fail, Impressing the master, with the advice of the officers, may compel stores. persons who have private supplies on board to surrender When may abandon the ship. Duties on abandonment. When mas. ter cannot trade on his own account. Care and diligence. Authority of master. them for the common want, on payment of their value or giving security therefor N. Y. C. C., Sec. 1055. SEC. 2040. The master of a ship must not abandon it during the voyage, without the advice of the other offi cers. N. Y. C. C., Sec. 1056. SEC. 2041. The master of a ship, upon abandoning it, must carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability. N. Y. C. C., Sec. 1057. SEC. 2042. The master of a ship, who engages for a common profit on the cargo, must not trade on bis own account, and if he does, he must account to his employer for all profits thus made by him. N. Y. C. C., Sec. 1058. SEC. 2043. The master of a ship must use great care and diligence in the performance of his duties, and is responsible for all damage occasioned by his negligence, however slight. N. Y. C. C., Sec. 1059. SEC. 2044. The authority and liability of the master of a ship, as an agent for the owners of the ship and cargo, are regulated by the Title on Agency. N. Y. C. C., Sec. 1060. ARTICLE V. MATES AND SEAMEN. SECTION 2048. Mate, what. 2049. Seamen, what. 2050. Mate and seamen, how engaged and discharged. 2051. Unseaworthy vessel. 2052. Seamen not to lose wages or lien by agreement. 2053. Special agreement with seamen. 2054. Wages depend on freightage. 2055. When wages, etc., begin. 2056. Wages, where voyage is broken up before departure. SECTION 2057. Wrongful discharge. 2058. Wages, when not lost by wreck. 2059. Certificate. 2060. Disabled seamen. 2061. Maintenance of seamen during sickness. 2062. Death on the voyage. 2063. Theft, etc., forfeits wages. 2064. Seamen cannot ship goods. 2065. Embezzlement and injuries. 2066. Law governing seamen. SEC. 2948. The mate of a ship is the officer next in Mate, what. rank to the master, and in case of the master's disability he must take his place. By so doing he does not lose any of his rights as mate. N. Y. C. C., Sec. 1061. what. SEC. 2049. All persons employed in the navigation of Seamen, a ship, or upon a voyage, other than the master and mate, are to be deemed seamen, within the provisions of this Code. N. Y. C. C., Sec. 1062. SEC. 2050. The mate and seamen of a ship are engaged by the master, and may be discharged by him at any period of the voyage, for wilful and persistent disobedience or gross disqualification, but cannot otherwise be discharged before the termination of the voyage. N. Y. C. C., Sec. 1063. SEC. 2051. A mate or seaman is not bound to go to sea in a ship that is not seaworthy; and if there is reasonable doubt of its seaworthiness, he may refuse to proceed until a proper survey has been had. N. Y. C. C., Sec. 1064. SEC. 2052. A seaman cannot, by reason of any agreement, be deprived of his lien upon the ship, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any stipulation by which he consents to abandon his right to wages in case of the loss of the ship, or to abandon any right he may have or obtain in the nature of salvage, is void. N. Y. C. C., Sec. 1065. SEC. 2053. No special agreement entered into by a seaman can impair any of his rights, or add to any of his Mate and engaged and seamen, how discharged. Unseaw'rthy vessel. Seaman not to lose wages or lien by agreement. Special agreement obligations, as defined by law, unless he fully understands the effect of the agreement, and receives a fair compensation therefor. SEC. 2054. N. Y. C. C., Sec. 1066. Except as hereinafter provided, the wages of seamen are due when, and so far only as, freightage is earned, unless the loss of freightage is owing to the fault of the owner or master. N. Y. C. C., Sec. 1067. SEC. 2055. The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens. N. Y. C. C., Sec. 1068. SEC. 2056. Where a voyage is broken up before departure 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. N. Y. C. C., Sec. 1069. SEC. 2057. 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. N. Y. C. C., Sec. 1070. SEC. 2058. 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 stores. and This provision is substantially enacted in England (Stats. 7 & 8 Vict., Chap. 112, Sec. 17), making the seaman's right, however, absolutely dependant upon the officer's certificate. N. Y. C. C., Sec. 1071. SEC. 2059. A certificate from the master or chief sur viving 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. N. Y. C. C., Sec. 1072. seamen. SEC. 2060. Where a mate or seaman is prevented from Disabled 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. N. Y. C. C., Sec. 1073. SEC. 2061. If a mate or scaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, must be borne by the ship till the close of the voyage. N. Y. C. C., Sec. 1074. voyage. SEC. 2062. If a mate or seaman dies during the voy- Death on the 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. N. Y. C. C., Sec. 1075. SEC. 2063. Desertion of the ship without cause, or a justifiable discharge by the master during the voyage, for misconduct, or a theft of any part of the cargo or appurtenances of the ship, or a wilful injury thereto or to the ship, forfeits all wages due for the voyage to a mate or seaman thus in fault. N. Y. C. C., Sec. 1076. Theft, etc., wages. forfeits Seamen cannot ship SEC. 2064. A mate or seaman may not, under any pretext, ship goods on his own account without permission goods. from the master. N. Y. C. C., Sec. 1077. ment and SEC. 2065. If any part of the cargo or appurtenances Embezzleof a ship is embezzled or injured by the mate or a sea- injuries. man, 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. N. Y. C. C., Sec. 1078. ing seamen. SEC. 2066. The shipment of officers and seamen, and Law governtheir rights and duties, are further regulated by Acts of Congress. N. Y. C. C., Sec. 1079. |