SECTION 2054. Wages depend on freightage. 2055. When wages, etc., begin. 2056. Wages, where voyage is broken up before departure. 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. 2048. 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. NOTE. The mate succeeds the master virtute officii, but does not cease to be mate; but his duties are cumulative.-3 Kent's Comm.; see, also, 2 Metc., p. 445. what. 2049. All persons employed in the navigation of a Seamen, ship, or upon a voyage, other than the master and mate, are to be deemed seamen within the provisions of this Code. NOTE.-See The Prince George, 3 Hagg. Adm., p. 376; The Jane and Matilda, 1 id., p. 187; The Highlander, Sprague, p. 588. seamen, engaged 2050. The mate and seamen of a ship are engaged Mate and by the master, and may be discharged by him at any how period of the voyage, for willful and persistent disobe- and dience or gross disqualification, but cannot otherwise be discharged before the termination of the voyage. NOTE.-3 Kent's Comm., Sec. 176, et seq.; also, Act of 1790, Chap. 29, 1 U. S. Stats. at Large, p. 131, where the employment of seamen is regulated; see, also, subsequent Acts of Congress enumerated on p. 177, 3 Kent, supra; 1 Pars. Mart. Law, p. 442, Chap. 12, Sec. 2. discharged. worthy 2051. A mate or seamen is not bound to go to sea Unseain a ship that is not seaworthy; and if there is reason- vessel. Seamen not to lose wages or lien by able doubt of its seaworthiness, he may refuse to proceed until a proper survey has been had. NOTE.-If the mate and a majority of the (seamen) crew, after the voyage is begun, but before the vessel leaves the land, deem the vessel unsafe (i. e., not seaworthy), or not duly provided, and shall require an examination of the ship, the master must proceed to, or stop at, the nearest or most convenient port, where an inquiry is to be made. The parties are bound by the result of the inquest.-See 3 Kent's Comm., pp. 177-8. "Seaworthiness."-See 1 Pars. Mart. Law, p. 454, Chap. 12, Sec. 4; U. S. vs. Givings, Sprague, p. 75; The Hibernia, id., p. 78. 2052. A seaman cannot, by reason of any agreement, be deprived of his lien upon the ship, or of any agreement. remedy for the recovery of his wages to which he Special agreement with seamen. 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. NOTE. From 13 and 14 Vic., Chap. 93, Sec. 53. Any stipulations contravening the language or the policy of the statute are of course void.-1 Pars. Mart. Law, pp. 445, 446; Herndon vs. Gordon, 2 Mason, p. 541; Cutter vs. Powell, 6 T. R., p. 320; Appleby vs. Dods, 8 East, p. 300; Jesse vs. Roy, 4 Tyrw., p. 626; 1 Cromp. M. & R., p. 316. In this case Lord Lyndhurst, C. B., said: "I know of no principle by which a contract entered into by mariners is to be construed differently from those made among other persons." See, also, The Juliana, 2 Dods., p. 504, as to void provisions in stipulations. 2053. 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. NOTE.-The Highlander, Sprague, p. 510; Brown vs. Lull, 2 Sumn., p. 443; The Juliana, 2 Dods., p. 504; Mary Paulina, Sprague, p. 45; see, also, 1 Pars. Mart. Law, pp. 445, 446, 447, 448, 449, and notes; Pars. Merc. Law, pp. 385 to 396, and notes. depend on 2054. Except as hereinafter provided, the wages Wages of seamen are due when, and so far only as, freightage freightage. is earned, unless the loss of freightage is owing to the fault of the owner or master. NOTE.-"Due as freightage is earned."-Van Beuren vs. Wilson, 9 Cow., p. 158; Icard vs. Goold, 11 Johns., p. 279; Porter vs. Andrews, 9 id., p. 350; Dunnett vs. Tomhagen, 3 Johns., p. 154; see Worth vs. Mumford, 1 Hilt., p. 1. "Unless the loss of freightage is fault of the owner."-Hoyt vs. Wildfire, 3 Johns., p. 518; Sullivan vs. Morgan, 11 id., p. 66; see Murray vs. Kellogg, 9 id., p. 227; see, also, Pars. Merc. Law, pp. 385 to 396, and notes. wages, etc. 2055. The right of a mate or seaman to wages When and provisions begins either from the time he begins begin. work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens. NOTE. From 13 and 14 Vic., Chap. 93, Sec. 56; see, also, Pars. Merc. Law, pp. 385 to 398, and notes. Wages, voyage is where 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 departure. such advances as they have received. NOTE.-Modified from Code de Com., Art. 252; see, also, Pars. Merc. Law, pp. 385 to 396, and the Acts of Congress there referred to in Notes 1, 2, 3, p. 394, and Notes 1, 2, 3, 4, p. 395, and cases there cited; and 1 Pars. Mart. Law, Chap. 12, Sec. 2. Compare the above references. The settled rule appears to be that if the voyage is broken up, or the seamen are dismissed without cause before the voyage begins, they have their wages for the time they serve and a reasonable compensation for special damages.-2 Pars. Mart. Law, Chap. 6, p. 573; Parry vs. The Peggy, 2 Browne Civ. and Adm. Law, p. 533; based on Wells vs. Osmond, 2 Show., p. 238. broken up before discharge. 2057. When a mate or seaman is wrongfully dis- Wrongful charged, or is driven to leave the ship by the cruelty of the master on the voyage, it is then ended with Wages, when not lost by wreck. Certificate. respect to him, and he may thereupon recover his full wages. NOTE.-Ward vs. Ames, 9 Johns., p. 138; The Minerva, 1 Hagg. Adm., p. 368. Reasonable apprehension of cruelty has been held sufficient excuse for desertion.-Edward vs. Trevellick, 4 El. & B., p. 59; 2 Pars. Mart. Law, p. 574. If the seaman is compelled to desert by the cruelty of the master, he has his wages in full. Sherwood vs. McIntosh, Ware, p. 109; The America, Blatchf. & H. Adm., p. 185; Limland vs. Stephens, 3 Esp., p. 269; Prince Edward vs. Trevellick, 4 El. & B., p. 59; 28 Eng. L. & Eq., p. 205. If a seaman quits the ship involuntarily, or is driven a-hore from necessity, from want of provision, or by reason of cruel usage and for personal safety, the wages are not forfeited, and he will be entitled to receive them in full to the prosperous termination of the voyage.-3 Kent Comm., p. 199, and Note a and cases cited. 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, and stores. NOTE. This provision is substantially enacted in England (Stats. 7 and 8 Vict., Chap. 112, Sec. 17), making the seaman's right, however, absolutely dependent upon the officer's certificate. In case of wreck or other peril, the seamen are bound to stay by the vessel and do all they can to save her or her cargo, or as much as can be saved. "Freightage is the mother of wages." This maxim is virtually overridden by this section.See 2 Pars. Mart. Law, pp. 589, 590. Here, too, the question of salvage and the right of seamen thereto is discussed. See notes, also. 2059. 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. NOTE. This section is a necessary sequence to the preceding, and should be recognized as properly providing presumptive evidence of a fact to which the master is frequently the only disinterested witness and the person vested with agency and authority to direct the work. seamen. 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 a capture, a ratable deduction for salvage is to be made. NOTE. A seaman cannot recover wages for a period during which he was disabled by his own fault (Johnson vs. Huckins, Sprague, p. 67; 6 Law Rep., p. 311); but may if not his fault, or by discharging duty, wrongful discharge, or capturing of ship (Wetmore vs. Henshaw, 12 Johns., p. 324); but a ratable deduction is made in the case of capture, for salvage (Wetmore vs. Henshaw, 12 Johns., p. 324); though disabled by sickness he may recover wages.-2 Pars. Mart. Law, pp. 574, 575; Mahoon vs. Brig Gloucester, Bee's Adm., p. 395; Chandler vs. Grieves, 2 H. & Bl., p. 606; see, also, Nevitt vs. Clarke, Olcott's Adm., p. 316; Hainey vs. The Tristram Shandy, Bee's Adm., p. 414. nance of during 2061. If a mate or seaman becomes sick or disa- Maintebled during the voyage, without his fault, the expense scamen of furnishing him with suitable medical advice, medi- sickness. cine, attendance, and other provision for his wants, must be borne by the ship till the close of the voyage. NOTE. This exception to the rule is recognized in the voyage 2062. If a mate or seaman dies during the voy- Death on 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. NOTE.-If a seaman on monthly wages dies during |