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CHAPTER II.

PART III.

PASSENGERS.

Whether in the case of a wreck the owners are bound to forward the passengers to their destination by other means or not, depends on the terms of the contract. (1)

A warranty of seaworthiness is guaranteed in the passenger's contract, and he may recover against the owners for any private damage suffered by him in consequence of unseaworthiness of the vessel. (2)

Every steerage passenger by a passenger ship is entitled for fortyeight hours after arrival at his place of destination to sleep and be maintained on board the same as during the voyage, unless the vessel should quit the place sooner in the further prosecution of her voyage. (3)

The master should not exercise his power over the passengers, except in so far as may be necessary for the safety of the ship and wellbeing and comfort of all on board. (4)

Under circumstances of common danger he may require their assistance either in working the ship or fighting an enemy. (5)

And for extraordinary services the law allows them salvage (6) Nothing will justify resistance to any exercise of the master's authority required by the discipline of the ship. (7)

But unnecessary harshness, undue restraint, or restraint improperly continued, will render the master liable to an action for damages. (8)

A captain of a ship has authority to do what is necessary for the safety of those on board, and in cases of danger can assign the passengers to any situation they are capable of filling for the common good. (9)

A person may be removed from the dining table or saloon if his conduct is intolerable, although such conduct might be proper in the steerage. (10)

For injury suffered by the passenger from the negligence of the owners or their servants on board, the owners are answerable. (11)

If the injury is due to the negligence of another ship, her owners are liable, notwithstanding there was negligence also on board the ship the passenger was on, provided the accident could have been avoided with ordinary care by the other. (12)

Infants must be in charge of some one fit to take care of them during the passage. (13)

The owner is the person ultimately liable at the action of a passenger under such circumstances as give the passenger a right to recover. (14)

A steam-boat owner who departs from the proper and ordinary manner of landing passengers is responsible for the increased danger of the method he uses. For example, where he asks his passengers to land without putting out a plank or even stopping his boat, he is liable for injuries sustained by them on account of doing so, but where it is from the passenger's own fault, for instance occurring by his jumping too soon, the passenger must put up with his loss. (15)

A purser is not authorized to attempt to take forcible possession of property belonging to a passenger, and in his actual possession, for the purpose of retaining same because the passenger had not paid his fare, nor can the passenger be imprisoned because he has not paid his fare. Where either of the above courses is pursued, the purser is alone liable and not the vessel owners, as the purser is not acting within his duty. (16)

There is no lien for passage money or anything else on the person of the passenger himself, or on the clothes which he is actually wearing, when he is about to leave the ship; but a master has a lien for passage money upon the luggage of a passenger and upon any property he may have on board. (17)

Masters and owners are not liable for injuries to passengers' persons which happen by mere accident, without fault on the part of the

master or owner. (18)

As a general rule carriers of passengers by water are bound to take all who apply for passage and who are ready and willing, and offer to pay the regular fare, provided there is room and no special reason for refusal exists. (19)

The fact that the ship is full, or that the person wanting passage is afflicted with a contagious disease, or is likely to annoy the other passengers by drunkenness, or by his disreputable appearance or manners, will justify a master in refusing passage. (20)

Where a passenger who might have been refused passage on account of his bad character or habits has been received, he cannot be put off so long as he acts properly on board, and the master must treat him in the ordinary proper manner. (21)

It is the duty of the owner and master to supply the passengers with suitable accommodation by day and night, with sufficient and wholesome food, and to treat them respectfully and kindly. (22)

The master has power to exclude a passenger from the general dining table if he misconducts himself there, or if his conduct is ungentlemanly in the strict sense of the word. (23)

Where the passage money is paid in advance, but the ship is lost before the voyage commences, the money can be recovered back, but where the loss occurs after such commencement it cannot, unless the contract allows it to be done. (24)

RUNNING ON SUNDAY.

There is no distinction between travellers for pleasure and for business in the "Lord's Day Act," and a conviction of a vessel owner for carrying excursionists on Sunday was held bad. (25)

R. S. O., C. 189, which forbids persons carrying on their ordinary business on Sunday, does not apply to persons in the public service of Her Majesty. Therefore a Government lock tender on a canal is authorized to lock a vessel through on Sunday. (26)

Chapter 44 of the Ontario Statutes of 1885 prohibits Sunday excursions of certain kinds. See Act at end of book.

NOTES.

(1) Leman v. Gordon, 8 C. and P. 392; Gillan v. Simpkin, 4 Camp. 641.

(2) Couch v. Steel, 3 E. and B. 402, 23 L. J. (Q. B.) 121.

(3) Cranston v. Marshall, 5 Exch. 395; 18 and 19 Vict., C. 119, S. 57.

(4) Rey v. Leggett, 8 C. and P. 191, 194; King v. Franklin, 1 F. and F. 360; Aldworth v. Stewart, 4 F. and F. 957, 14 L. T. N. S. 862.

(5) The Branston Wilson, 2 Hagg., 3 note; Newman v. Walters, 3 B. and P. 612; Boyce v. Bayliffe, 1 Camp. 57.

(6) Newman v. Walters, 3 B. and P. 612.

(7) Boyce v. Bayliffe, 1 Camp. 57; Prendergast v. Compton, 8 C. and P. 454. (8) Aldworth v. Stewart, 4 F. and F. 957; Boyce v. Bayliffe, 1 Camp. 57. (9) Boyce v. Bayliffe, 1 Camp. 57.

(10) 'Prendergast v. Compton, 8 C. and P. 454.

(11) Skinner v. L. B. and S. C. R. Co., 5 Exch. 787; Malton v. Nesbit, 1 C. and P. 70.

(12) Davies v. Mann, 10 M. and W. 546; Rigby v. Hewitt, 5 Exch. 240.

(13) Waite v. The Northeastern Railway Co., 27 L. J. (Q. B.) 417; (in error) 28 L. J. (Q. B.) 258.

(14) 18 and 19 Vict., C. 119, S. 18, Imp.

(15) Cameron v. Milloy, 14 C. P. 340.

(16) Emerson v. The Niagara Navigation Co., 2 O. R. C. P. D. 528.

(17) Wolfe v. Summers, 2 Camp. 631.

(18) Crofts v. Waterhouse, 11 Moo. 138; Christie v. Griggs, 2 Camp. 81.

(19) Parsons on Shipping, I, 611 (Am.); Angell on Carriers, 525, 612 (Am.) (20) Parsons on Shipping, I, 614 (Am.); Angell on Carriers, 437 (Am.)

(21) Coppin v. Braithwaite, 8 Jur. 875, Ex. Ch.

(22) Kay on Masters and Seamen, 821; Parsons on Shipping, I. 625, 639.

(23) Kay on Masters and Seamen, 818.

(24) Kay on Masters and Seaman, 826.

(25) Regina v. Daggett, Regina v. Fortier, 1 0. R. Q. B. D. 537.

(26) Regina v. Berriman, 4 O. R. Q. B. D. 282.

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PART I-PROTESTS.

On the ship's arrival in port the master should, if there is reason for believing that the ship or cargo has sustained any damage from bad weather, accident or otherwise, attend at a notary's office and enter a protest.

A protest should be signed by the master and mate, and in serious cases by one or more seamen, and should contain the names of the ship and master, the port and time of departure, the nature of the cargo, the date of her arrival, the storms and weather encountered on the passage, the accidents which occurred, and if in any way-port, the necessity which compelled her to put in there, in fact a history of the main particulars of the voyage and course pursued by the ship. (1)

Where a ship is not unloaded in a reasonable time, or at the end of the lay-days allowed in the port of discharge, the master should make a protest against the consignee or party receiving the cargo, giving him notice of the date when the ship was ready to discharge, of the fact that he has given due notice thereof, of the number of lay-days allowed, of the date they ended, and of the fact that the ship then commenced to be on demurrage.

Protests should be entered against a charterer for not loading or unloading a ship in the time agreed, or if no time agreed on, then in a reasonable time.

A merchant should enter a protest against a master for drunkenness, for not starting in good time, for not signing bills of lading in the customary form, or for any irregularities. (3)

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