Some clauses which are not such as to be set aside, will yet be construed in favor of seamen, if their interpretation is at all doubtful.[143] A clause providing that no wages should be paid if the vessel should be taken or lost, or detained more than thirty days, was set aside, seamen being entitled to wages up to the last port of delivery.[144] If the amount of wages merely be omitted in the articles, there seems to be some doubt as to the introduction of other evidence to show the rate agreed upon, and as to the seaman's being entitled by statute to the highest rate of wages current.[145] If a seaman ships for a general coasting and trading voyage to different ports in the United States, and the articles provide for no time or place at which the voyage shall end, the seaman may leave at any time, provided he does not do so under circumstances peculiarly inconvenient to the other party.[146]
If, however, the voyage is accurately described, and the wages specified, the seaman cannot be admitted to show that his contract was different from that contained in the articles.[147]
It is no violation of the contract if the vessel departs from the voyage described, by accident, necessity, or superior force.[148]
CHAPTER VIII.
SEAMEN—CONTINUED.
Rendering on board. Refusal to proceed. Desertion or absence during the voyage. Discharge.
Rendering on board.—If, after having signed the articles, and after a time has been appointed for the seaman to render himself on board, he neglects to appear, and an entry to that effect is made in the log-book, he forfeits one day's pay for every hour of absence; and if the ship is obliged to proceed without him, he forfeits a sum equal to double his advance.[149] These forfeitures apply to the commencement of the voyage, and cannot be exacted unless a memorandum is made on the articles, and an entry in full in the log-book. A justice of the peace may, upon complaint of the master, issue a warrant to apprehend a deserting seaman, and commit him to jail until the vessel is ready to proceed upon her voyage. The master must, however, first show that the contract has been signed, and that the seaman departed without leave, and in violation of it.[150]
Refusal to proceed.—If, after the voyage has begun, and before the vessel has left the land, the first officer and a majority of the crew shall agree that the vessel is unfit to proceed on the voyage, either from fault or deficiency in hull, spars, rigging, outfits, provisions, or crew, they may require the master to make the nearest or most convenient port, and have the matter inquired into by the district judge, or two justices of the peace, taking two or more of the complainants before the judge. Thereupon the judge orders a survey, and decides whether the vessel is to proceed, or stop and be repaired and supplied; and both master and crew are bound by this decision. If the seamen and mate shall have made this complaint without reason, and from improper motives, they are liable to be charged with the expenses attending it.[151]
If, when the vessel is in a foreign port, the first or any other officer and a majority of the crew shall make complaint, in writing, to the consul, that the ship is unfit to proceed to sea, for any of the above reasons, the consul shall order an examination, in the same manner; and the decision of the consul shall bind all parties. If the consul shall decide that the vessel was sent to sea in an unsuitable condition, by neglect or design, the crew shall be entitled to their discharge and three months' additional pay; but not if it was done by accident or innocent mistake.[152]