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$ 31. Discharge of a seaman for gross misconduct (j), or ne- Forfeiture of glect or refusal to fight against pirates who have attacked wages. the ship (k), will be met with forfeiture of his wages (,).
A naval court having jurisdiction over such offences may discharge any seaman and order his wages to be forfeited to compensate the owner.
If a seaman smuggle and loss be thereby occasioned to the master or owners, such loss can be retained out of the seaman's wages, without prejudice to any further remedy.
A seaman will forfeit his wages if he desert from the vessel (1); however, he may leave his ship for the purpose of entering the navy, without being liable to any punishment or forfeiture (m).
Leaving the vessel with the master's permission and refusing to return when ordered, is desertion (n).
But quitting the ship without leave for a temporary purpose, as to get legal advice as to his articles (), or on account of improper treatment, e. I., if the master fail to supply him with proper provisions (P), is not desertion.
If, in any proceeding relating to his wages, it is proved that the seaman or apprentice during the voyage was convicted by any competent tribunal of any offence and properly punished, the court trying the case may order a part of the wages due to him, not exceeding 31., to be applied in compensating the master for his costs in procuring such conviction (1)
A seaman will forfeit his wages by neglecting or refus
(j) The Blake, 1 Wm. Rob. Ad. R. 73; Button v. Thompson, L. R., 4 C. P. 330.
(K) 22 & 23 Car. 2, c. 11, s. 7.
(1) 17 & 18 Vict. c. 104, ss. 243, 249, 250, 252.
(m) Ib. s. 214.
(n) The Bulmer, 1 Hagg. 163; The Pearl, 5 Rob. 224 ; see “ Cases" (1) at end of this $..
ing to work; but not by reason of his illness, unless caused by his own wilful act or default, or of his death, or of his entering the Queen's service (r).
CASES. 1. Wages of a seaman, for a run from the Downs to Hull, were held to become forfeited by the seaman leaving his ship in the Humber before her arrival at the port of Hull (8).
2. Three mariners of the Westmoreland, bound from London to Swan River, Australia, went on shore without leave, to seek legal advice as to the effect of their articles. This was held not to amount to a desertion, nor to entail a forfeiture of wages (t).
3. A seaman, who had agreed to serve on board a collier“ from Shields to London and back," quitted the vessel at the port of London, because the master had failed to supply him with proper provisions. Held, that he did not thereby incur a forfeiture of his wages (u).
4. The captain and officers of a ship on which the plaintiff had agreed to serve as a common seaman, flogged and punished him with unreasonable cruelty and severity, such punishment not being rendered necessary by the plaintiff's conduct. The plaintiff requested the captain and officers to desist from inflicting such punishments. The captain declined to do so. The plaintiff thereupon deserted the vessel :-Held, that such desertion did not, under the circumstances, deprive him of his right to wages (x).
$ 32. Seaman's lien A seaman will have a lien on the ship and freight for and right of his wages (y). He can also sue either the master or the action owners of the vessel to recover them. Therefore
any claim the master may have as against the ship for his wages and disbursements on ship's account, will be postponed till the wages of the crew are paid (s).
The onus of producing at the trial the agreement made between the seaman and his employer lies on the employer. The seaman can prove the contents of any agree
ment, or otherwise support his case, without producing or giving notice to produce the agreement (a).
A seaman cannot recover his wages after the lapse of When barred. six years from when they became due, except in cases of disability (6). Absence beyond seas is not now a disability (c).
A seaman or apprentice may sue in a summary manner Recovery of before two justices of the peace, to recover wages due to wages. him not exceeding 501. No appeal will lie from any order therein made by the justices (a).
If the wages due are below 501., they cannot be recovered in the High Court of Justice; unless the owner of the ship becomes bankrupt or insolvent, or unless the vessel is arrested and sold by order of the court, or unless the justices refer the matter to the High Court, or unless neither the owner nor master is or resides within twenty miles of the place where the seaman or apprentice is discharged (e). Where the wages
due to the seaman or officer of a vessel exceed 501., they can be recovered in the Admiralty Division of the High Court of Justice (f). The vessel may be arrested by the process of the court, as a security for the wages; and the master or the owners may be cited to answer for them (9).
If the wages claimed do not exceed 1501., they may be sued for in the county court, or in an inferior court, having an admiralty jurisdiction (h). An appeal will lie to the High Court if the amount adjudged to be due exceeds 501. (h).
A seaman engaged for a voyage terminating in the United Kingdom may not sue in any court abroad for his
(a) 17 & 18 Vict. c. 104, s. 165; Bouman v. Manzleman, 2 Camp. 315.
(6) 21 Jac. I. c. 16, ss. 3, 7; 4 & 5 Anne, c. 16, ss. 17–19; 3 & 4 Will. IV. c. 42, 8. 3.
(c) 19 & 20 Vict. c. 97, s. 10.
(d) 17 & 18 Vict. c 104, s. 188.
(1) 36 & 37 Vict. c. 66, ss. 16, 34;
(9) Abbott, Pt. V. Ch. IV. 8. 3; Bens v. Parr, 2 Ld. Raym. 1206.
(h) 31 & 32 Vict. c. 71, ss. 3, 31.
wages, unless he is discharged abroad, or proves such ill-usage on the part of the master, or by his authority, as to warrant reasonable apprehension of danger to his
CASE. A vessel was sold for 4711., and the proceeds were paid into the registry. The crew claimed 6811. for wages, and the master claimed 2851. for wages, and 841. for disbursements on the ship's account. Held, that the claim of the master, both for wages and disbursements, must be postponed till the seamen's claims for wages were fully satisfied ;).
$ 33. The Board of Trade may recover the wages of seamen or apprentices, who are lost with their ships, from the owner. The Board must then hand such wages over to the legal personal representatives of the deceased seaman or apprentice.
If the ship is proved to have sailed, and if she has not been heard of within twelve months from her departure, she will be deemed to have been lost with all hands on board (1)
Though a nuncupative will made by a seaman, while at sea, is valid (1), any disposition by a seaman of any money or effects in the hands of the Board of Trade must be by a written will (m), signed by the testator, and, if made on board ship, attested by the master or mate; if made elsewhere, it must be attested by two witnesses, one being a minister or a justice of the peace, or consular or custom officer.
In cases where the wages and property of a deceased seaman do not exceed in value 501., the Board of Trade, to which such wages and property are to be remitted can hand them over to the person entitled without probate or administration being taken out (n).
(i) 17 & 18 Vict. c. 104, s. 190.
(1) The Salacia, 32 L. J., Adm. 41.
(k) 25 & 26 Vict. c. 63.
(1) 29 Car. II. c. 3, s. 23; 7 Will. IV. & 1 Vict. c. 26, s. 11.
(0) 17 & 18 Vict. c. 104, s. 200. (n) Ib. 8. 199.
§ 34. The special rights of each passenger on board a vessel are Rights of governed by the terms of the contract he enters into with passengers if
ship do not the owners or their agent. If the ship does not sail on the sail. appointed day, and the sailing on that day were a warranty or an essential part of the contract, the passenger will be justified in taking a passage in another vessel, and will be entitled to recover from the shipowners the deposit and his expenses arising out of the delay (a). But where time is not of the essence of the contract, the shipowners will not be liable, if the ship sail within a reasonable time after the day named (6).
The passage-money cannot be recovered back if the The passage vessel be lost after the voyage has commenced, though it money. can if she be lost before the commencement (c).
The master will have a lien on the passenger's luggage for the amount of the passage-money, but the lien will not extend to the passenger himself or the clothes which he is actually wearing when about to leave the ship (d).
The passengers must conform to the regulations in force Misconduct of on board the vessel, and conduct themselves with propriety passengers. both towards their fellow passengers and the crew. Should they not so conduct themselves, or should they use threats
(a) Cranston v. Marshall, 5 Ex. 395. (6) Yates v. Duff, 5 C. & P. 369 ;
“Cases" (1) at end of this s ; and see Judicature Act, 1873 (36 & 37 Vict. c. 66, s. 25, sub-s. 7), as to time being of the essence of a
“ Cases" (2) at end of
(d) Wolf v. Summers, 2 Camp. 631.