afeeferi Buries, l'otocrs, amid Rif/Ms.—In the responsible situation of master of a British merchant ship, his duties are very numerous, onerous, and important. The ship and her cargo are committed to his care, and he Is to see that neither take any damage, so far as provident skill and vigilance can prevent or the use of vigorous means can repel. But when prevention is already become impossible, he is then to use all diligence and means in his power to repair the damage, as any judicious man would do for his own property. lie keeps his owners constantly informed of his whereabouts, and of the events and iechlente of the voyage, enabling them on each occasion to take measures for their own protection and benefit, as they might be advised. He is to give his whole time to their service, and account to them faithfully on his return. Tie ship'e log and official log must be kept under his supervision.
It is his duty to provide for the sustenance, comfort, and health of all persons on board; and if injury accrue through negligence of his in not providing stores, medicines, or proper accommodation, ho is liable to an action. His authority on board while at sea is supreme and despotic ; and If there be disobedience on the part of the crew, he may correct them in a reasonable manner. On all occasions when discipline is Infringed, lie will be careful to Inquire end inform himself of the true state of the facts before lie visit any one with punishment, unless the breach of duty or discipline is obvious to his eyes, and the offence Is of that mutinous character which must be checked on the instant with force. the Is responsible on his returd for all his conduct on board towards others, either on prosecution by public law or at the suits of private persons who have suffered Injury at his hands.
His conduct is also liable to be inquired into by the Board of Trade, who have power, if there be occasion, to withdraw his certificate, or by a naval court on the high seas or abroad, who may discharge him and put another In his place.
For his wages, he now has the same lien on the ship and remedies as a common seaman. His disbursements, however, form a mere personal debt. His powers as agent of the owners have already been noticed under the first division of this article.
The Seamen. Ship's Artides.—ApprentIces are to he indentured; seamen for foreign-going ships must—and seamen for home-trade ships may—be engaged and discharged before a shipping-master. The agreement of hiring is to be In writing, according to the form, and containing at least all the stipulations, prescribed by the statute.
Other stipulations may be added by the consent of both parties; but "no seaman shall by any agreement forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled ; and every stipulation in any agreement inconsistent with any provision in this Act (17 & 19 Viet., c. 104), and every stipulation by which any seaman consents to abandon his right to wages in the case of the loss of the ship, or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative." Although this agreement is in writing, and signed by the seaman, lie may prove his case in a court of law without producing or giving notice to _produce it; and any erasure, inter lineation, or alteration in it, not proved to have been made with the consent of all the persons interested .in the change by the written Attestation, if made In her majesty's dominions, of some shipping-master, justice, officer of customs, or other public functionary, or, if made out of her majesty's dominions, of a British consular officer, or where there is no such officer of two respectable British merchants, is wholly inoperative. Allotment notes must be stipulated for if required, and may only be granted in favour of the seaman's wife, father, mother, grandfather, grandmother, child or grandchild, or sister or brother; the statute expressly providing that these and these only shall have a right of action on the note. The agreement must contain the following particulars, namely (1), the nature and, as far as practicable, the duration of the intended voyage or engagement ; (2), the lumber and description of the crew,-epecifying how many are engaged as sailors ; (3), the time at which such seaman is to be on board, or to begin work; (4), the capacity in which each seaman i3 to serve ; (5), the amount of wages that each seaman is to receive; (6), a scale of the provisions which are to be furnished to each seatnau ; (7), any regu lathms as to conduct on board, and as to fines, short allowances of provisions, or other lawful punishments for misconduct, which have been sanctioned by the Board of Trade as regulations proper to be adopted, and which the parties agree to adopt. Any fresh stipulation on the part of the seamen with the master in the course of the same voyage for all advance in the rate of wages, or for any special gratuity, cannot be enforced, unless the circumstances existing at the time be such as to have cancelled the agreement already made.