SHIPPING ARTICLES. An agree ment, in writing or print, between the master and seamen or mariners on board his vessel (except such as shall be apprenticed or ser vant to himself or owners), declaring the voyage or voyages, term or terms of time, for vrhich such seamen or mariners shall be shipped. It is also required that at the foot of every such contract there shall be a memo randum, in writing, of the day and the hour on which each seaman or mariner who shall so ship and subscribe shall render himself on board to begin the voyage agreed upon.
2. For wan t of shipping articles, the seaman is entitled to the highest wages which have been given at the port or place where such seaman or mariner shall have been shipped for a similar voyage, within three months next before the time of such shipping, on his performing the service, or during the time he shall continue to do duty on board such vessel, without being bound by the regula tions or subject to the penalties and forfeitures contained in the said act of congress; and the master is further liable to a penalty of twenty dollars. Act of Congr. July 20, 1790.
3. The shipping articles ought not to con tain any clause which derogates from the Feneral rights and privileges of seamen ; and, If they do, such clause will be declared void. 2 Sumn. C. C. 443 ; 2 Mas. C. C. 541.
A seaman who signs shipping articles is bound to perform the voyage; and he has no right to elect to pay damages for non-perform ance of the contract. 2 Va. Cas. 276.
See, generally, Gilp. Dist. Ct. 147, 219, 452; 1 Pet. Adm. 212 ; Bee, Adm. 48 : 1 Mas. C. C. 443; 5 id, 272; 14 Johns. N. Y. 260; 1 Parsons, Merit. Law, 442-452.