ship and cargo, are regulated by the title on Agency. En. March 21, 1872. Agency in general: Post, secs. 2295 et seq. 3019 et seq. Post, secs. Respondentia, master may hypothecate upon: Post, secs. 3038 et seq. $2048. Mate, what. ARTICLE V. MATES AND SEAMEN. 2049. Seamen, what. § 2050. 2051. 2052. Mate and seamen, how engaged and discharged. 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. 2057. Wrongful discharge. § 2058. 2059. 2060. 2061. Wages, when not lost by wreck. Certificate. Disabled seamen. Maintenance of seamen during sickness. 2062. Death on the voyage. 2063. Theft, etc., forfeits wages. 2064. $ 2065. 2066. Seamen cannot ship goods. Embezzlement and injuries. (Repealed.) $2048. Mate, what. The mate of a ship is the officer next in 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. En. March 21, 1872. $2049. Seamen, what. All persons employed in the navigation of a ship, or upon a voyage, other than the master and mate, are to be deemed seamen within the provisions of this code. En. March 21, 1872. Cal Rep.Cit. 134, 620. 2050. Mate and seamen, how engaged and discharged. 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 willful and persistent disobedience or gross disqualification, but cannot otherwise be discharged before the termination of the voyage. En. March 21, 1872. $ 2051. Unseaworthy vessel. 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. March 21, 1872. Seaworthiness defined: Post, sec. 2682. En. $2052. Seamen not to lose wages or lien by agreement. 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. En. March 21, 1872. Wages in case of loss of ship: Post, sec. 2058. § 2053. Special agreement with seamen. No special agreement entered into by a seaman can impair any of his rights, or add to any of his obligations, as defined by law, unless he fully understands the effect of the agreement, and receives a fair compensation therefor. En. March 21, 1872. § 2054. Wages depend on freightage. 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. En. March 21, 1872. § 2055. When wages, etc., begin. 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. En. March 21, 1872. § 2056. Wages, where voyage is broken up before departure. 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. En. March 21, 1872. § 2057. Wrongful discharge. 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. En. March 21, 1872. § 2058. Wages, when not lost by wreck. 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, and stores. En. March 21, 1872. § 2059. Certificate. A certificate from the master or chief surviving 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. En. March 21, 1872. 2060. Disabled seamen. Where a mate or seaman is prevented from 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 a capture, a ratable deduction for salvage is to be made. En. March 21, 1872. § 2061. Maintenance of seamen during sickness. If a mate or 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. En. March 21, 1872. § 2062. Death on the voyage. If a mate or seaman dies during the voyage, 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. En. March 21, 1872. § 2063. Theft, etc., forfeits wages. 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 willful injury thereto or to the ship, forfeits all wages due for the voyage to a mate or seaman thus in fault. En. March 21, 1872. § 2064. Seamen cannot ship goods. A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master. En. March 21, 1872. Cal.Rep.Cit. 113, 30. § 2065. Embezzlement and injuries. (Repealed.) En. March 21, 1872. Rep. 1873-4, 247. § 2066. Law governing seamen. The shipment of officers and seamen, and their rights and duties, are iurther regulated by acts of congress. En. March 21, 1872. § 2070. Compensation. Manager, what. The general agent for the owners, in respect to the care of a ship and freight, is called the manager. If he is a part owner, he is also called the managing owner. En. March 21, 1872. Cal. Rep. Cit. 121, 569; 121, 570. § 2071. Duties of manager. Unless otherwise directed, it is the duty of the manager of a ship to provide for the complete seaworthiness of a ship; to take care of it in port; to see that it is provided with necessary papers, with a proper master, mate, and crew, and supplies of provisions and stores. En. March 21, 1872. Cal.Rep.Cit. 121, 569. $2072. Compensation. A managing owner is presumed to have no right to compensation for his own services. En. March 21, 1872. § 2078. § 2079. CHAPTER III. SERVICE WITHOUT EMPLOYMENT. Voluntary interference with property. § 2078. Voluntary interference with property. 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, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he 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. En. March 21, 1872. Employment without reward: Ante, secs. 1975 et seq. Gratuitous carriers: Post, sec. 2089. § 2079. Salvage. Any person, other than the master, mate, or a seaman thereof, 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; but no claim for salvage, as such, can accrue against any vessel, or her freight, or cargo, in favor of the owners, officers, or crew of another vessel belonging to the same owners; but the actual cost at the time of the services rendered by one such vessel to another, when in distress, are payable through a general average contribution on the property saved. En. March 21, 1872. 1873-4, 247. Am'd. TITLE VII. CARRIAGE. Chapter I. Carriage in General, §§ 2085-2090. II. Carriage of Persons, §§ 2096-2104. § 2088. § 2089. § 2090. Obligations of gratuitous carriers. Obligations of gratuitous carrier who has begun to carry. $ 2085. Contract of carriage. The contract of carriage is a contract for the conveyance of property, persons. |