Discharges.—The discharge of seamen at home from foreign-going ships is to be before a shipping master. The wages are to be paid in his presence, subject to his cognisance of the rights of both parties under the agreement. No deductions can be made unless the book in which they were entered at the time of forfeiture be produced to the shipping master twenty-four hours before tho time of payment. The time of payment fixed by the statute in the case of home-trade ships, is within two days after the termination of the agreement, or other wise at the time of discharge; and in all other cases, except those where the seaman is remunerated by shares in the adventure, Within three days after delivery of the cargo, or within five days after the seaman's discharge, whichever first happenl. A mutual release Is given by the master and seaman, countersigned and attested by the shipping master; it operates a mutual discharge of all demands in respect of the voyage or engagement, and is the only evidence of the release or satisfaction of any claim required to be thus settled.
Willa—The wills of seamen have always hitherto been deemed good and effectual although made without writing. No change In this re spect has been made that is imperative. But as the Board of Trade are put in possession of the effects of all seamen dying abroad or at sea, that Board May in virtue of the statute refuse to glve effect to any will which is not in writing, and signed or acknowledged by the testator in the presence of the master, or first or only mate of the ship, and attested by such master or mate ; or if made on shore, unless signed or acknowledged by the testator in the presence of, and attested by two witnesses, one of whom must be a shipping master, minister, officiating minister, or curate of the place; or if there be no such persons, a Upon of the peace, British consular officer, or officer of customs. Upon refusal to give effect to any will not so written and executed, the goods and money of the deceased will be distributed among the next of kin under the statutes of distribution.
A. to BARRATRY by master or seamen, or both, see the article under that head.
4.—Of the Carnage of Goods and Passenge-rs in liferehant Ships, the Rights and Duties; ke. of Freighters and Possengers,of Owners and their Serrants. The anetroet of Afrrightosent.—The contracts under which goods are conveyed In a ship are, as has been already stated, of two kinds, the contract by charter-party, cud the contract for their con veyance by a general ship. The former is "a contract by which an
entire ship, or some principal part thereof, in let to a merchant for the conveyance of good, on a determined voyage to one or more places." A charter-party is a written instrument, not necessarily under seal, which is executed by the owners or the master, or the owners and the master of the one part, and by the merchant or hia agent of the other part.
The word charter-party is derived from the two words charts partita, "divided charter,' because the duplicatee of the agreement were formerly written on one piece of paper or parchment and afterwards divided by cutting through some word or figure so as to enable each party to identify the agreement produced by the other. If the charter party is by deed, and executed by the master, and the owners are not parties to it, they cannot bring a direct action upon the instrument; Indeed the owners can never bring an action upon it unless their names appear as the parties executing it. But an action may in all cases be brought against the owners for a breach of their duties generally as ship-owners relating to matters not inconsistent with the terms of the charter-party. The charter-party states the port or ports of destina tion and the freight to be paid, which may be either a gross sum or so much per ton, or so much for each tub•or cask of goods. If the agreement is not to pay a certain sum for the entire ship, or n certain portion of it, but to pay so much per ton, the merchant generally covenants to load a fixed amount or a full cargo. The charter-party generally also states the burden of the ship, but this statement, where there is no fraud, is not binding on the parties. The merchant may load with his own goods or those of others, or he may underlet the ship altogether. The master or owner usually covenants "that the ship Allan be tight and staunch, furnished with all necessaries for the intended voyage, ready by a day appointed to receive the cargo, and wait a certain number of days to take it on board. That after lading she shall sail with the first fair wind and opportunity to the destined port (the dangers of the sea excepted), and there deliver the goods to the merchant or his assigns in the same condition they were received on board ; and.further that during the course of the voyage [the ship shall be kept tight and staunch, and furnished with sufficient men and other necessaries to the best of the owner's endeavours." The merchant usually covenants to load and unload the ship within a specified time.