DESERTION ON ACCOUNT OF ILL-TREATMENT.

13

officers, it is provided by an Act of Congress, that if any master or other officer of any American vessel shall, from malice, hatred, or revenge, and without justifiable cause, beat, wound, or imprison, any one or more of the crew, or withhold from them suitable food and nourishment, or inflict upon them any cruel or unusual punishment, every person so offending shall be punished by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding five years, or by both, according to the nature and aggravation of the offence.1

Seamen may Desert on account of Ill-treatment.— If the master, instead of exercising his authority with moderation and humanity, and for sustaining a proper discipline on board the ship, gives himself up to a harsh and cruel temper, and flogs and beats a man with unreasonable severity, or if, yielding to a personal pique or prejudice, he harasses a man by capricious tyranny, and punishes him without cause, or punishes him for slight and trivial faults with unreasonable and wanton cruelty, the seaman would be justified in deserting, and his wages would not in such case be forfeited 2

But a single act of cruelty, although it exceeds the bounds of moderation, will not justify a seaman in deserting the ship, unless there is reasonable ground for apprehending that his life will be in peril if he remains on board. In general, there must have been repeated acts of cruelty in order to justify a seaman in deserting,3

Wages, as will hereafter be seen, are not forfeited when the seaman is justified in deserting (See page 43.)

Rights of Seamen to good and sufficient Provisions.It is provided by an Act of Congress, that every vessel of one hundred and fifty tons burthen, or more, bound on a voyage across the Atlantic ocean, shall, at the time of leaving the last port from which she sails, have on board, well secured under deck, at least sixty gallons of water, one hundred pounds of salted flesh meat, and one hundred pounds of wholesome ship-bread, for every person on board the vessel, over and besides such other provisions, stores and live stock, as shall be put on board the vessel by the master and passengers. Provisions in like proportion must be put on board for other voyages according to their length.4

(1) Act 1835, ch. 313, sec. 3. -(2) Ware's R. 109. 1790, ch 5, sec. 9.

(3) Ibid. 91.—(4) Act

If any vessel proceeds to sea without the quantity and quality of provisions and water required by this Act, and the seamen are put upon short allowance in water, meat, or bread, during the voyage, they will be entitled to double wages for every day they are put upon short allowance, to be recovered in the same manner as their other wages.1

Seamen shipped in foreign ports are protected by this Act, as well as those shipped at the commencement of the voyage. The test question in these cases is, whether the master or owner neglected to provide the vessel at the last port from which she sailed, with such provisions and water as are required by law.2

Where the master or owner can procure the particular kinds of provision named in this Act, he must do so, and it will not be sufficient to procure other kinds of provision, though they may be equally as good.3

But when the master is unable to obtain the kinds of provision which this Act names, other kinds may be substituted as equivalents: but, in such case, the courts will be very careful to see that the provisions substituted are fully equivalent, both in quantity and quality, to those required by law.4

Seamen may be put on allowance by the master, unless it amounts to short allowance; and when there is any controversy whether it is short or not, the navy ration is taken as a proper standard as to quantity.5 (See Appendix, Navy Ration.)

By another Act it is provided, that if any master or other officer of any American vessel, from malice, hatred, or revenge, and without justifiable cause, withhold from any one of the crew suitable food and nourishment, he shall be punished by a fine, not exceeding one thousand dollars, or by imprisonment not exceeding five years, or by both, according to the nature and aggravation of the offence.6

Sickness to be Cured at the Expense of the Vessel.—By an

(1) Act 1790, ch. 56, sec. 9. (2) 1 Peters' Admiralty, 223; Ibid. 219.(3) Ware's R. 454; 1 Pet. Adm. 229. -(4) Ibid. In one case, where there was a much greater amount of beef and water on board than was required, but the bread was deficient in amount, the captain being unable to procure any greater quantity at the port whence he sailed, the District Court for South Carolina allowed the seamen one-third additional wages. This rule would not probably be adopted by any other court, as it is unreasonable to punish a master for not having on board certain kinds of provision where it is impossible for him to obtain them; and if in such case he procures a good substitute, it would seem to be all the law requires.-Bee's R. 80.

(5) Ware's R. 460; 1 Pet. Adm. 219, 223.-(6) Act 1835, ch. 313, sec. 3.

AT THE EXPENSE OF VESSEL.

15

Act of Congress, vessels bound on certain voyages are required to have a suitable medicine chest on board. Seamen will be better able to understand this Act, if they are first made acquainted with the law in force before this Act was passed. The principles of the maritime law in force before the passage of this Act, therefore, will first be stated, and then the Act will be given with suitable explanations of it. By the general maritime law, if a seaman falls sick during the voyage, or is injured or becomes disabled in the service of the ship, he is entitled to be cured at the expense of the ship.1

If, however, the sickness or disability is the consequence of the seaman's drunkenness, misconduct or other irregularities, he must be cured at his own charge;2 for the sickness or disability did not happen in the service of the ship.

All necessary expenses incurred for the cure of seamen are to be paid by the owners. Thus they are to pay for the medicine and medical advice, the nursing, the board of the seaman, when he is carried on shore, and any other expenses necessarily incurred in the cure.3

The owners, however, are only liable for expenses incurred for the cure; and when the cure is completed, at least so far as the ordinary medical means extend, they are freed from all further liability. Thus, a sailor's leg or arm might be so injured in the ship's service, as to render it necessary to cut it off, and thus make him a cripple for life; yet the owners would only be liable for the expenses incurred in cutting off and healing the limb, and not for the damage which the loss of the limb must cause the seaman.4

The seamen are to be cured for all injuries and all sickness occurring in the service of the ship, without regard to the place where it happened. Thus, if the sailor is ashore in the ship's service, and is taken sick, or is injured, he is to be cured at the ship's expense, and this includes, as has been seen, his nursing and lodging.5

So it is immaterial whether the sickness or injury occurs in a home port or in a foreign port, upon the ocean or upon tide waters, if it happens while the sailor is in the service

(1) 1 Sumner, 195.—(2) Gilpin's R. 447.—(3) 2 Mason, 541. -(4) 1 Sumner, 195. (5) 1 Sumner, 195.

of the ship, and while he is one of the crew, he is to be cured at her expense.1

By an Act of Congress it is provided that every vessel belonging to a citizen of the United States, of the burthen of one hundred and fifty tons or upwards, navigated by ten or more persons in the whole, and bound on a voyage without the limits of the United States, shall be provided with a chest of medicines, put up by some apothecary of known reputation, and accompanied by directions for administering the same; and these medicines shall be examined by the same, or some other apothecary, once, at least, in every year, and supplied with fresh medicines in the place of such as shall have been used or spoiled. If such medicine chest is not so provided, and kept fit for use, then the commander of the vessel shall provide and pay for all such advice, medicine, or attendance of physicians, as any of the crew shall stand in need of in case of sickness, at every port or place which the ship or vessel may touch or trade at during the voyage, without any deduction from the wages of such sick seaman.2

By a subsequent Act, all merchant vessels of the burthen of seventy-five tons, or upwards, navigated with six persons or more in the whole, and bound from the United States to any port or ports in the West Indies, are required in like manner to have a suitable medicine chest.3

By this Act, if a vessel has the required medicine chest on board, and one of the sailors is taken sick, and has a physician, the physician's bill for attendance is to be paid out of the sailor's wages. All the other expenses for the cure are to be paid by the ship, in the same manner as they were before the passage of this Act. Thus the medicine is to be supplied from the chest, and the nursing, board, &c., are a charge upon the ship as before.4

(1) A whale ship returning from her voyage, anchored off Clark's Point, in New Bedford, her port of destination. The mates were rowed ashore by some of the sailors, and on attempting to return to the ship, they were surrounded by drifting ice, and were unable to reach her. They remained in this situation for some time, suffering extremely from the severity of the weather, until at length they were relieved from the shore. One of the sailors had his feet badly frozen, so that it became necessary to cut off his toes, and for more than a year he was under the care of a physician, requiring constant medical aid, diet, nursing, and other asThe owners objected to defraying the expense thus incurred for his cure, on the ground that this injury happened in a home port, and that the crew were discharged two days after it, the voyage being ended. But the court said that it made no difference where the sickness or injury occurred, if the sailor was at the time in the ship's service, and was one of her crew, and the costs of the cure were, therefore, held to be a charge upon the ship.-1 Sumner, 195.

sistance.

(2) Act 1790, ch. 56, sec. 8.-(3) Act 1805, ch. 88, sec. 1.-(4) Ware's Reporis, 9.

AT THE EXPENSE OF VESSEL.

17

If any vessel of the above description is not provided. with the proper medicine chest, and with suitable directions for using it, and a sailor is taken sick, then the physician's bill, in case the sailor has one, is to be a charge upon the ship, as well as the other expenses for the cure. The owners, in order to avoid their liability to pay for a physician where one is employed, must be able to show that the medicine chest and the directions required by law, were on board the vessel, and they must be able to prove it by some other person than the master, who is not a competent witness to establish that fact.1

But even if there is a suitable medicine chest on board, yet if the sailor cannot have the benefit of the medicine, the charge for medical advice is to be paid by the ship. Thus, where the sick sailor is carried ashore, or where he is taken sick while on shore, and remains there, as he cannot have the benefit of the medicine chest, the expense for the attendance and advice of a physician is a charge upon the ship.2

So where there is no competent person to administer the medicine to the sick sailor, as where the master and mates are all sick, the owners would be liable to pay for the expense of a physician, in case one was called; for the medicine chest is of no benefit to the sailors, unless there is some competent person to give the medicine, according to the directions accompanying the chest.3

But although the captain is sick, or not on board, yet if the mate is there, and is not sick, he is deemed a competent person to administer the medicine, and if, in such case, a sailor has a physician, he must pay for him.4

Where the vessel is furnished with a proper medicine chest, accompanied with suitable directions for its use, and the sailor is taken sick on board, and remains there, and a physician is called, his charge must be paid by the sailor, and it makes no difference that the disease is of a dangerous and infectious nature, and that it would have been highly imprudent for the master not to have called a physician. And in such a case the expense of the physician must be paid by the sailor, though the physician was called without his request.5

(2) Ibid. 420.

-(3) Ibid. —

-(4) 8 Shep. 402.

(1) Ware's Reports, 367. (5) 8 Shep. 402; Gilpin's R. 447. It has been thought by some judges, that in a case requiring surgical skill and assistance, such as a dislocation or a fracture, in which the medicine chest and its directions, with all the assistance and intelli