MASTER OF A SHIP. The commander or first officer of a merchant-ship ; a captain.
Under the English Merchant Shipping Act, 1854, the term master includes "every person (except a pilot) having command or charge of any ship." A distinction is noted between the two fold duties and functions of the master, those in which as shipmaster he is entrusted with the management and navigation of the ship, either as the co-partner of the owners or their confidential agent; Maclachlan, Merch. Ship. 134; and those in which as master mariner he is the officer in command on board ; id. 203.
The master of an American ship must be a citizen of the United States ; 1 Stat. L. 287; and a similar requirement exists in most maritime states. In some couhtries their qualifications in point of skill and ex perience must be attested by examination by proper authorities. This is provided for in England under the Merchant Shipping Act, 1894, but in the United States the civil responsibility of the owners for his acts is deemed sufficient, although a license is required for the master of a steam vessel ; U. S. FL S. § 438.
A vessel sailing without a competent mas ter is deemed unseaworthy, and the own ers are liable for any loss of cargo which may occur, but cannot recover on a policy of insurance in case of disaster ; The Niag ara v. Cordes, 21 How. (U. S.) 7, 23, 16 L. Ed. 41; Draper v. Ins. Co., 21 N. Y. 378. One to whom the navigation, discipline, and con trol of a vessel is entrusted, must be con sidered as master, although another is regis tered as such; The Hattie Thomas, 59 Fed. 297. The owner of one half the legal title of a steamboat, who is the master in pos session, and who is by written agreement en titled to such possession as master, is not liable to removal from his position as mas ter; The Eclipse, 135 U. S. 599, 10 Sup. Ct. 873, 34 L. Ed. 269.
The master is selected by the owners and is their confidential agent; The Aurora, 1 Wheat. (U. S.) 96, 4 L. Ed. 45 ; in case of his death or disability during the voyage, the mate succeeds; if he also dies in a for eign country, the consignee of the vessel, or the consul of the nation, may, in a case of necessity and In the absence of other author ity, appoint a master ; The Giles Loring, 48 Fed. 463. The master himself may, in sim ilar circumstances of necessity and distance from the owners, appoint a substitute ; The Sarah Ann, 2 Sumn. 206, Fed. Cas. No. 12, 342; id. 13 Pet. (U. S.) 387. During a temporary absence of the master, the mate succeeds; U. S. v. Taylor, 2 Sumn. 588, Fed. Cas. No. 16,442.
He must, at the commencement of the voyage, see that his ship is seaworthy and fully provided with the necessary ship's papers, and with all the necessary and cus tomary requisites for navigation, as well as with a proper supply of provisions, stores, etc.; Coleman v. Harriett, Bee, 80, Fed. Cas. No. 2,982; Elizabeth v. Rickers, 2 Paine, 291, Fed. Cas. No. 4,353; The Mary, 1 Ware, 454, Fed. Cas. No. 9,191; for the voyage ; Dixon v. Cyrus, 2 Pet. Adm. 407, Fed. Cas. No. 3, 939 ; S. v. Staly, 1 W. & M. 338, Fed. Cas. No. 16,374. 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 L. 131; 2 id. 203. He must store safely un der deck all goods shipped on board, unless by well-established custom or by express con tract they are to be carried on deck; and he must stow them in the accustomed man ner in order to prevent liability in case of damage. In respect to the lading or carriage of goods shipped as freight, he is required to use the greatest diligence ; and his responsi bility attaches from the moment of their re ceipt, whether on board, in his boat, or at the quay or beach ; 3 Kent 206. He should
acquaint himself with the laws of the coun try with which he is trading ; Howland v. Greenway, 22 How. (U. S.) 491, 16 L. Ed. 391.
He must proceed on the voyage in which his vessel may be engaged by direction of the owners, must obey faithfully his instruc tions, and by all legal means promote the interest of the owners of the ship and cargo; Hannay v. Eve, 3 Cra. (U. S.) 242, 2 L. Ed. 427. On his arrival at a foreign port, he must at once deposit, with the United States consul, vice consul, or commercial agent, his ship's papers, which are returned to him when he receives his clearance ; U. S. R. S. 4309. This does not apply, however, to those vessels merely touching for advice ; Harrison v. Vose, 9 How. (U. S.) 372, 13 L. Ed. 179. He must govern his crew and prevent im proper exercise of authority by his subor dinates; Thomas v. Lane, 2 Sumn. 1, Fed. Cas. No. 13,902; U. S. v. Taylor, 2 Sumn. 584, Fed. Cas. No. 16,442. He must take all pos sible care of the cargo during the voyage, and, in case of stranding, shipwreck, or other disaster, must do all lawful acts which the safety of the ship and the interest of the owners of the ship and cargo require; Fland. Shipp. 190 ; New England Ins. Co. v. The Sarah Ann, 13 Pet. (U. S.) 387, 10 L. Ed. 213. It is proper, but not indispensable, in case of an accident, to note a protest thereof at the first port afterwards reached; Hunt v. Cleveland, 6 McLean 76, Fed. Cas. No. 6,885; and to give information to the owners of the loss of the vessel as soon- as he reasonably can; Ruggles v. Ins. Co., 4 Mas. 74, Fed. Cas. No. 12,119. After stranding he must take all possible care of the cargo; The Portsmouth, 9 Wall. (U. S.) 682, 19 L. Ed. 754. In a port of refuge, he is not authorized to sell the cargo as damaged unless necessity be shown; but where it is so much injured as to endanger the ship, or will become ut terly worthless, it is his duty to sell it at the place where the necessity arises; Miston v. Lord, 1 Blatch. 357, Fed. Cas. No. 9,655 ; Jordan v. Ins. Co., 1 Sto. 342, Fed. Cas. No. 7,524. When possible, he is bound to notify the owners before selling; Pike v. Balch, 38 Me. 302, 61 Am. Dec. 248 ; but he cannot sell after the completion of the voyage, when the owners of the cargo can be communi cated with or readily reached; Moore v. Hill, 38 Fed. 330. He may contract for def inite salvage in case of emergency; The G. W. Jones, 48 Fed. 925. And under certain circumstances he may even sell the vessel where she is in danger of destruction ; Hall v. Ins. Co., 37 Fed. 371; but vessel and cargo can only be sold in case of urgent necessity ; 13 Moo. P. C. 144; L. R. 6 C. P. 319. He should consult the owners if pos sible ; failing that he should consult dis interested persons of skill and experience whose advice to sell would be strong evi dence in justification of a sale; The Amelie, 6 Wall. 27, 18 L. Ed. 806. While the master of a stranded vessel may, in case of urgent necessity, throw overboard or otherwise sacrifice his cargo to obtain the release of his vessel, he has no right to give it away; if he does, the donee takes no title to the property, but is liable therefor as bailee, and is bound to surrender it upon demand ; The Albany, 44 Fed. 431.