No passage-money is due to a ship upon an engagement to transport a passenger, before the arrival of the vessel at the port of destination. Where the passenger has paid in advance, he can reclaim his money if the voyage is not performed. If a voyage is partially performed, no passage-money is due, unless the expenses of the passenger, or the means of proceeding to the place of destination, are paid or tendered to him; in which case, passage-money in proportion to the progress in the voyage is payable.[108]
A passenger must submit to the reasonable rules and usages of the ship. He has no right to interfere with its discipline and internal regulations. Indeed, in a case of necessity, and for the order and safety of the ship, the master may restrain a passenger by force; but the cause must be urgent, and the manner reasonable and moderate.
In case of danger and distress, it is the duty as well as the interest of the passenger to contribute his aid, according to his ability, and he is entitled to no compensation therefor. He is not, however, bound to remain on board in time of danger, but may leave the vessel if he can; much less is he required to take upon himself any responsibility as to the conduct of the ship. If, therefore, he performs any extraordinary services, he becomes entitled to salvage.[109]
CHAPTER VI.
MATES AND SUBORDINATES.
Mates included in the 'crew.' Removal. Succession. Log-book Wages. Sickness. Punishment. Subordinates. Pilots.
In all the statutes which entitle the 'crew,' or the 'seamen,' of a vessel to certain privileges as against the master or owner, these words, 'crew' and 'seamen,' are construed to include the mates; as, for instance, the statute requiring a certain amount of provisions to be on board; the statute requiring a medicine-chest, and that which punishes the master for illegal and cruel treatment of any of the crew. In all these cases the mates are entitled to the same privileges and protection with the seamen.[110]
The chief mate is usually put on board by the owner, and is a person who is looked to for extraordinary services and responsibility. Accordingly, he cannot be removed by the master, unless for repeated and aggravated misconduct, or for palpable incapacity.[111] He acts in the stead of the master in case the latter dies, and whenever he is absent.[112] He is then entrusted with the care of the ship, and the government of the crew. If he is appointed to act as mate by the master during the voyage, he holds his office at the master's pleasure;[113] but if he originally shipped in that capacity, he cannot be removed without proof of gross and flagrant misconduct, or of evident unfitness. Nor will one or two single instances of intemperance, disobedience or negligence, be sufficient; the misconduct must be repeated, and the habit apparently incorrigible.[114]
The second mate and other inferior officers do not stand upon so firm a footing as the chief mate; yet they cannot be removed by the master, unless for gross and repeated acts of disobedience, intemperance, dishonesty or negligence, or for palpable incapacity.