master
to command his vessel is personal to him; and a sale by a master who
is part owner of the vessel of his interest therein transfers no right
to the command of the vessel which the other owners are bound to
respect. Whenever he becomes incapable of commanding by reason of
sickness, insanity, or other reason, the command with the duties
pertaining thereto devolves on the first mate until the appointment of
another master; should he be absent or incapable of acting, then the
second mate and so on down the rank of officers.
The master must do all things for the protection and preservation of
the several interests entrusted to him, the owners, charterers, cargo
owners, underwriters. He must render a full and satisfactory account
to the owners of the vessel of moneys secured and his disbursements
before demanding any wages. At sea he is the supreme officer, has sole
authority over both officers and crew to do justice to all persons
under his command, and to protect passengers and seamen from bad
treatment while they are on board. It is said that in respect to
passengers he owes a higher and more delicate duty than he owes to the
crew, but at the same time he has the necessary control over his
passengers and may make proper regulations for their government to
ensure their safety, promote their comfort and preserve decent order.
He has authority to bind the owners when they are not present for
expenditures needful in the way of repairs, supplies and other
necessaries reasonably fit and proper for the safety of the vessel and
the completion of the voyage.
As the seamen who serve on a vessel are generally ignorant and
improvident, the execution of shipping articles are required by
federal statute where the vessel is bound on a foreign voyage, or from
a port in one state to a port in another. If these articles are not
made seamen have the right to leave the vessel at any time, and may
recover the highest rate of wages paid at their shipping port. The
articles must be signed by the seaman and by the master, and the
contract must be executed before the vessel proceeds on its voyage.
The seaman is not bound by any new or unusual stipulation put into the
articles affecting his rights without full knowledge of it, and
especially when he cannot read and the stipulation is not read and
explained to him. Once executed, the articles cannot be varied by a
verbal agreement between master and seaman.
The articles must specify c
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