certificate of the fact from the master or chief surviving officer of the vessel is presumptive evidence of such exertion. 1 This provision is substantially enacted in England (Stat, 7 and 8 Vict., c. 112, § 17,) making the seaman's seamen. 865. Where a seaman is prevented from rendering Disabled 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. 6 Law Reporter, 311. § 866. If a seaman 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. 1 Pars. Mar. Law, 456. Maintenmen during ance of sea sickness. the voyage. § 867. If a seaman dies during the voyage, his personal Death on 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 § 868. Deserting the ship without just cause, or a justi- Theft, &c., fiable discharge by the master during the voyage, for wages. 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 the seaman for the voyage. CHAPTER III. SERVICE WITHOUT EMPLOYMENT. SECTION 869. Voluntary interference with property. 870. Salvage. 869. 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, dili. gence and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, but 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. § 870. Any person, other than the master or seaman 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 VIII. CARRIAGE. CHAPTER I. Carriage in general. CHAPTER I. CARRIAGE IN GENERAL. SECTION 871. Contract of carriage. 872. Different kinds of carriers. 873. Care and diligence required of carriers. 874. Carriers by railroad and steamboat. 875. Carriers by sea. carriage. 871. The contract of carriage is a contract for the con- Contract of veyance of property, persons, or messages, from one place to another. § 872. Carriers are: 1. Inland; 2. Marine. Different kinds of carriers. upon Marine and inland car ed. § 873. Carriers the ocean, upon arms of the sea, upon the great lakes Ontario, Erie, Huron, Michigan and riers definSuperior, and upon the rivers and canals connecting those lakes with each other, are carriers by sea. All others are inland carriers. diligence A Care and required of carriers. § 874. A carrier for reward must use at least ordinary care and diligence in the performance of all his duties. carrier without reward must use at least slight care and diligence. § 875. Rights and duties peculiar to carriers by railway Carriers by and steamers, are defined in the POLITICAL CODE. railroad and steamboat. Carriers by sea. Care and skill required of carriers of persons. Not to overload his vehicles. Civility towards § 876. Rights and duties peculiar to carriers by sea, are defined by statutes of the United States. CHAPTER II. CARRIAGE OF PERSONS. SECTION 877. Care and skill required of carriers of persons. 878. Not to overload his vehicle. 879. Civility toward passengers. 880. Passengers to have usual and reasonable accommodations. 881. Rate of speed and delays. 882. Time occupied by journey. § 877. The carrier of persons must use the utmost care for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.1 1 Ang. on Carr., §§ 521-523, 534-539. § 878. He must not overcrowd nor overload his vehicle.' Angell on Carr., § 528; Derwort v. Loomer, 21 Conn., 245. § 879. He must treat passengers with civility,' and give passengers them a reasonable degree of attention.' Passengers to have usual and reasonable accommodations. Rate of speed and delays. Time occu pied by Journey. § 880. He must give to passengers all such accommodations as are usual and reasonable.' 1 Story on Bailm., § 597; Ang. on Carr., § 533. § 881. He must travel at a reasonable rate of speed, and without any unreasonable delays. § 882. He must complete the journey within such time as he engaged to do so, or within a reasonable time, when he has specified none. CHAPTER III. CARRIAGE OF PROPERTY. ARTICLE I. General definitions. II. Obligations of the carrier. V. General average. ARTICLE I. GENERAL DEFINITIONS. SECTION 883. Freight, consignor and consignee defined. consignor signee defi § 883. The property carried is called freight, the person Freight, who delivers it to the carrier is called the consignor, and and conthe person to whom it is to be delivered is called the con- ned. signee. ARTICLE II. OBLIGATIONS OF THE CARRIER. SECTION 884. Must obey consignor's instructions. 885. Freight on ship's deck. 886. Delivery of freight. 887. Place of delivery. 888. Obligations of carrier when freight is not delivered to con signee. Liability as warehouseman. 889. When consignee cannot be found. § 884. The carrier must obey all reasonable instructions Must obey of the consignor concerning the freight. Story on Bailm., § 509. consignor's instructions. Freight on 8885. Freight must not be stowed upon the deck of a ship's deck. vessel during a sea voyage, except by permission of the consignor. Code de Commerce, art. 229. § 886. The carrier must deliver freight to the consignee, Delivery of his agents, or assigns, at the place to which it is addressed, in the manner customary at that place. |