The Men on Deck: Master, Mates and Crew, Their Duties and Responsibilities

by Felix Riesenberg

CHAPTER II
LAWS AFFECTING THE DUTIES OF THE MASTER

The principal laws of the United States affecting the duties and responsibilities of the Master are appended. Much of the bulk of the law, having to do with the construction of vessels and their fitting, and regulating the methods of inspection and control are omitted, and only those parts are given that directly affect the Master himself.

Much of the law, to the mind of a sailor, could be boiled down and simplified—perhaps some day sailors will go to Congress and do this—in the mean time the best that can be done is to make an attempt to unscramble the hodge-podge of rules, regulations, specifications, penalties, and what not, that fill the bulky red volume issued by the Bureau of Navigation, Department of Commerce.

Master's oath of citizenship. Upon making application for registry of a vessel.

If the master of a vessel is within the district where a registry thereof is to be made, when application is made for registering the same, he shall himself, instead of the owner, or of the agent, or attorney, as hereinafter mentioned, make oath touching his being a citizen, and the means whereby or manner in which he is citizen; in which case, if the master shall knowingly swear to anything untrue, no forfeiture of the vessel, on account of such false oath, shall be incurred, but the master shall be liable to a penalty of one thousand dollars. (R. S., 4144.)

Change of master.

When the master or person having the charge or command of a registered vessel is changed, the owner, or one of the owners, or the new master of such vessel, shall report such change to the collector of the district where the same has happened, or where the vessel shall first be after the same has happened, and shall produce to him the certificate of registry of such vessel, and shall make oath, showing that such new master is a citizen of the United States, and the manner in which or means whereby he is so a citizen. Thereupon the collector shall indorse upon the certificate of registry a memorandum of such change, specifying the name of such new master, and shall subscribe the memorandum with his name; and if other than the collector of the district by whom the certificate of registry was granted, shall transmit a copy of the memorandum to him, with notice of the particular vessel to which it relates; and the collector of the district, by whom the certificate shall have been granted, shall make a like memorandum of such change in his book of registers, and shall transmit a copy thereof to the Commissioner of Navigation. If the change is not reported, or if the oath is not taken, as above directed, the registry of such vessel shall be void, and the master or person having the charge or command of her shall be liable to a penalty of one hundred dollars. (R. S., 4171—July 5, 1884; sec. 2.)

Master must produce ship's register when entry is made.

The master or other person having the command or charge of any vessel, recorded in pursuance of this Title [R. S., 4131-4305], shall, on entry of such vessel, produce the certificate of such record to the collector of the district where she is so entered; and in default thereof the vessel shall not be entitled to the privileges of a recorded vessel. (R. S., 4184.)