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Seaman

fed, cas, wages, vessel, board, adm and employed

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SEAMAN. A sailor ; a mariner; one whose business is navigation. 2 Boulay-Pa ty, Dr. Com. 232; Laws of Oleron, art. 7; Laws of Wisby, art. 19; Bened. Adm. 277.

The term seamen, in its most enlarged sense, includes the captain as well as other persons of the crew ; in a more confined sig nification, it extends only to the common sailors ; 3 Pardessus, n. 667. But the mate; Atkyns v. Burrows, 1 Pet. Adm. 246, Fed. Cas. No. 618; the cook and steward; Black v. The Louisiana, 2 Pet. Adm. 268, Fed. Cas. No. 1,461; and engineers, clerks, carpenters, firemen, deck-hands, porters, and chamber maids, on passenger-steamers, when necessa ry for the service of the ship ; 1 Cankl. Adm. 107; 2 Pars. Marit. Law 582 ; are con sidered, as to their rights to sue in the ad miralty, as common seamen ; and persons employed on board of steamboats and light ers engaged in trade or commerce on tide-wa ter are within the admiralty jurisdiction; while those employed in ferry-boats are not ; Smith v. The Pekin, Gilp. 203, Fed. Cas. No. 13,090. Persons who do not contribute their aid in navigating the vessel or to its preser vation in the course of their occupation, as musicians, are not to be considered as sea men with a right to sue in the admiralty for their wages ; Trainer v. The Superior, Gilp. 516, Fed. Cas. No. 14,136. Persons employed upon a fiat boat with an engine erected thereon, mainly employed in constructing bulkheads and to assist in moving materials to and fro, are to be regarded as rendering maritime services, so as to give them a lien on the vessel for their wages; Lawrence v. Flatboat, 84 Fed. 200. One who brings a ves sel to her home port, and lays her up there i. e. anchors her out of the channel, pumps her out, dries her sails, sees to her fasten ings, and renders other services usually per formed by mariners, is entitled to a lieu for his compensation ; The Hattie Thomas, 59 Fed. 297. See LIEN.

Seamen in the merchant-vessels are requir= ed to enter into a contract in writing, com monly called shipping articles, which see. This contract being entered into, they are bound, under severe penalties, to render themselves on board the vessel according to the agreement ; they are not at liberty to leave the ship without the consent of the captain or commanding officer; and for such absence, when less than forty-eight hours, they forfeit three days' wages for every day of absence; and when the absence is more than forty-eight hours at one time, they for feit all the wages due to them, and all their goods and chattels which were on board the vessel, or In any store where they may have been lodged at the time of their desertion, to the use of the owners of the vessel ; and they are liable for damages for hiring other hands. They may be imprisoned for deser

tion until the ship is ready to sail.

A consular officer of the United States may discharge a seaman on the application of the master, for any cause sanctioned by the usages and principles of maritime law, as recognized in the United States, on the pay ment of the wages then earned ; and all claims for wages for the remainder of the voyage is thereby cut off and barred; The T. F. Oakes, 36 Fed. 442.

On board, a seaman is bound to do his du ty to the utmost of his ability; and when his services are required for extraordinary either in consequence of the death of other seamen or on account of unforeseen perils, he is not entitled to an increase in wages, although it may have been promised to him ; 2 Camp. 317; The Potomac, 72 Fed. 535, 19 C. C. A. 151, 38 U. S. App. 219. For disobedience he could formerly be imprison ed or punished with stripes ; but the correc tion must be reasonable ; U. S. v. Freeman. 4 Mas. 508, Fed. Cas. No. 15,162 ; Hempstead v. Bird, 2 Day (Conn.) 294; U. S. v. Wick ham, 1 Wash. C. C. 316, Fed. Cas. No. 16, 689 ; but see CORRECTION; ASSAULT; BAT TERY; and, for just cause, may be put ashore in a foreign country ; Relf v. The Maria, 1 Pet. Adm. 186, Fed. Cas. No. 11,692 ; 2 East 145. By act of congress, Sept. 28, 1850, it is provided that flogging in the and on board of vessels of commerce be abolished. And this prohibits corporal punishment by stripes inflicted with a cat, and any punish ment which in substance amounts thereto ; U. S. v. Cutler, 1 Curt. C. C. 501, Fed. Cas. No. 14,910. See The General Rucker, 35 Fed. 152. A master may punish a seaman who re fuses to do his duty, and may, if he is incor rigible, discharge him, confine him, or de prive him of privileges ; but forfeiture of wages cannot be superadded to corporal pun ishment, and it is not within the ordinary powers of a master to imprison a sailor on shore; The Stacey Clarke, 54 Fed. 533.

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