MASTER OF A SHIP. In Maritime Law. The commander or first officer of a merchant-ship ; a captain.
The master of an Ameriean ship must be a citizen 'of the United States, 1 U. S. Stat. at Large, 287 ; and a similar requirement exists most maritinie states. In some eountries their qualifications in point of skill and ex perience must be attested by eiamination by proper authorities ; but in the United States the civil responsibility of the owners for their acts is esteemed sufficient. A vessel sailing without a coMpetent master is deemed unsea worthy; and the owners are liable for any loss of cargo wliich mayoccnr, but cannot recover on a policy of insurance in case of disaster. 21 How. 7, 23 ; 6 Cow. N. Y. 270 ; 12 Johns. N. Y. 128, 136; 21 N. Y. 378.
2'. The- master is selected by the owners, and, in case of his death or disability' during the voya:ge, the mate succeeds ; if he also dies in a foreign country, the consignee of the vessel, or the consul of the nation, may, in a case of necessity and in the absence of other authority, appoint a master. The'mas ter himself may, in similar cireunistances of necessity and diStance from the owners, ap point a substitute. 1 Parsons, Mar. Law, 387 ; 2 Sumn. C. C. 206 ; 13 Pet. 387. Dur ing a temporary absence of the master, the mate succeeds. 2 Sunin. C. C. 588.
3. He must, at the commencement of the voyage, see that his ship is seaworthy and fully' provided with the necessary ship's. p'apers, and with all the necessary and customary re quisites for navigation, as well as with a pro per supply' of provisions, stores, etc., Bee, Adm. 80 ; 2 Paine, C. C. 291 ; 1 Pet Adm. 219 ; Ware, 454, for the voyage. 1 Pet. Adm. 407 ; 1 Woodb. & M. C. C. 338. He must also make a contract with the seamen, if the voyage be a foreign one from the United States, 1 U. S. Stat. at Large, 131 ; 2 id. 203. He must store safely under deck all goods shipped on board; unless by well-esta blished custom or by express contract they are to be carried on deck ; and.he must stow them in the accustothed manner in order to prevent liability in case of damage. In re
spect to the lading or carriage of goods shipped as freight, he is required to use the greatest diligence ; and his responsibility attaches' from the moment of their receipt, whether on board, in his boat, or at the quay or beach. 3 Kent, Comm. 206 ; Abbott, Shipp. 423.
4. He must proceed on.the voyage in which his vessel may be engaged by direction of ths owners, must obey-faithfully his instructions, and by all legal means (see 3 Cranch, 242) promote the interests of the owner of the ship and cargo. He must govern his crew and proVent improper exerels,e of anthority by his' subordinates. 2 Sumn. C. C. 1, 584; 14 Jidina. N. Y. 19. He must take all possible care of the cargo' during tbe voyage, and, hi case of stranding, shipwreck, el-other disaster, must do all lawful adts which the safety of the ship and the intermits of the owners of the ,ship' and cargo require. Flanders, Shipp. 190; W How. 150; 13 PeL 387. It is his duty, in case of disaster or interruption of the voyage by unexpected circumstances, to file a, state ment of circuinstances, called a protest. As to his duty with respect to damaged goods, see I Blatchf. C. C. 357 ; 1 Star. C. C. 342.
5. In time of war, he must avoid acts which will exposelliS vessel and cargo to seizure and confiscation, and must do all acts required for the safety of the vessel and cargo and the in terests of their owners. He must bring home from foreign ports destitute seamen, Act of congr. Feb. 28, 1803, 4, Feb. 28, 1811, and must retain from the wages of his crew hos pital-money. Act of Congr. July 16, 1798, March 1, 1843.
He is liable to the owners, and he and they to all others whose interests are affected by his acts, for want of reasonable skill, care, or prudence in the navigation or management of the vessel, 1 Wash. C. C. 142, including injuries done to the cargo by the crew, 1 Mas. C. C. 104 ; and this rule includes the impro per discharge of a seaman. Ware, Dist. Ct. 63.