Laws Relating to Seamen

In India and in most British colonies there are laws affecting merchant seamen. In some cases such legislation is identical with the imperial act, but in most there are differences of more or less importance, and the colonial statutes should be consulted. For the law of the United States in reference to seamen, which is in general accordance with that of England, see The Navigation Laws of the United States (Government Printing Office, Washing ton, 1927). For the continental European countries see the vari ous commercial codes, which contain provisions of a more or less detailed character.

Naval Seamen.

The engagement of seamen in the navy is by voluntary enlistment. Although the officers are required to be American citizens, there is no such requirement with regard to the enlisted personnel. However, both officers and enlisted men must take an oath of allegiance. Minors between the ages of 14 and 18 years may be enlisted with the consent of their parents. Persons who are insane or intoxicated or who have already deserted in time of war from the navy or army, may not be enlisted.

Enlistment may be for terms of two, three, four or six years. A seaman may terminate his service before the end of the enlist ment period by purchasing his discharge or by being furloughed without pay for the balance of the term or, without any preju dice to any benefits which he otherwise would have received, may obtain his discharge at any time within three months of the com pletion of the enlistment period.

On retirement, after 3o years' service, an enlisted man is entitled to receive 75% of his pay and a further sum in lieu of rations and quarters. While on the retired list, he may be called to active duty in time of war. Furthermore, the secre tary of the navy may require all enlisted men on discharge to serve four years in the Fleet Naval Reserve. On the death of any enlisted man, his estate is entitled to receive from the Gov ernment six months' pay. While under enlistment a seaman may not engage in any other employment which may bring him into competition with civilians.

The discipline of enlisted men is regulated by the articles for the government of the navy. Among the offences punishable by death are mutiny, disobeying of orders, striking a superior officer, intercourse with the enemy, receiving messages from the enemy, desertion in time of war, deserting a trust in time of war, sleeping on watch, leaving a station, wilful stranding or injury of vessels, unlawful destruction of public property.

For the relief of sick or injured seamen, the navy maintains hospitals at suitable places. For the support of such hospitals, the secretary of the navy is required to deduct from the pay of each seaman at the rate of 20? per month. Fines levied upon seamen for offences and forfeitures on account of desertion are passed to the credit of the naval hospital fund. Seamen on naval vessels are also entitled to be treated in case of injury or illness at the marine hospitals maintained by the public health service. Merchant ,Seamen.—The definition of the word "seaman" as used in the Revised Statutes is as follows : "Every person having command of any vessel belonging to any citizen of the United States shall be deemed to be the 'master' thereof ; and every person (apprentices excepted) who shall be employed or engaged to serve in any capacity on board the same shall be deemed and taken to be a 'seaman', and the term 'vessel' shall be under stood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the provisions of this Title may be applicable" (Revised Statutes 4612).

In addition to the regular crew, the following persons have been held to be seamen : A musician, a fisherman, a bar-tender, the wife of the cook serving as second cook. The provisions of U.S. statutes with regard to seamen apply to all seamen generally. Specific exceptions are made in the application of certain sections to seamen employed on fishing or whaling vessels and yachts, for which it is necessary to consult the statutes.

Engagement of Seamen.

Seamen employed on vessels bound from a port of the United States to a foreign port other than a port in British North American possessions, the West Indies, or the Republic of Mexico, or on any vessel of the burden of 75 tons or upward, bound from a port on the Atlantic to a port on the Pacific or vice versa, must be engaged in the pres ence of a shipping commissioner by an agreement in writing in a form prescribed by statute. The written agreement is corn monly known as the "articles." It is signed in duplicate and one copy is retained by the shipping commissioner and the other by the master of the ship who is required to post a copy in such part of the vessel as to be accessible to the crew.