It is no justification for refusing to do duty and proceed upon the voyage, that a new master has been substituted in place of the one under whom the seaman originally shipped;[153] and if a blank is left for the name of the master, the seaman is supposed to ship under any who may be appointed.[154] The same rule applies to the substitution or appointment of any other officer of the ship during the voyage.
Desertion or Absence during the Voyage.—If, during the voyage, the seaman absents himself without leave, for less than forty-eight hours, and an entry thereof is made in full in the log-book, he forfeits three days' pay for each day's absence. But if the absence exceeds forty-eight hours, he forfeits all his wages then due, and all his goods and chattels on board the vessel at the time, and is liable to the owner in damages for the expense of hiring another seaman.[155] If he deserts within the limits of the United States, he is liable to be arrested and committed to jail, until the vessel sails.[156] If he deserts or absents himself in a foreign port, the consul is empowered to make use of the authorities of the place to reclaim him. If, however, the consul is satisfied that the desertion was caused by unusual or cruel treatment, the seaman may be discharged, and shall receive three months' additional wages.[157] It is not a desertion for a seaman to leave his vessel for the purpose of procuring necessary food, which has been refused on board; nor is a seaman liable if the conduct of the master has been such as to make it dangerous for him to remain on board,[158] or if the shipping-articles have been fraudulently altered.[159] Even in a clear case of desertion, if the party repents, and seeks to return to his duty within a reasonable time, he is entitled to be received on board again, unless his previous conduct had been such as would justify his discharge.[160]
As to the effect of desertion upon wages, and what is desertion in such cases, see the subject, "Wages affected by Desertion," Chapter XI.
Discharge.—By referring to Chapter IV., "Master's Relation to Crew," the seaman will find that, though the master has power to discharge a seaman for gross and repeated misconduct, yet that this right is closely watched, and any abuse of it is severely punished. He will also find there a statement of his own rights and privileges, with reference to a discharge. It has been seen that he may demand his discharge of the consul, if the vessel is not fit to proceed, and is not repaired, or if he has been cruelly and unjustifiably treated.[161]
If a vessel has been so much injured that it is doubtful whether she can be repaired, or the repairs cannot be made for a long time, during which it would be a great expense to the owners to support the seamen in a foreign country, it is held that the crew may be discharged, upon the owners' paying their passage home, and their wages up to the time of their arrival at the place of shipment.[162]
As to discharge at the end of the voyage, see "Wages affected by Desertion," Chapter XI.
CHAPTER IX.
SEAMEN—CONTINUED.
Provisions. Sickness. Medicine-chest. Hospital money. Relief in foreign ports. Protection.