Seamen's Wages.
Affected by desertion or absence;—by misconduct;—by imprisonment;—by capture;—by loss of vessel and interruption of voyage. Wages on an illegal voyage. Wages affected by death or disability.
Wages affected by Desertion or Absence.—It has been seen that if a seaman, at the commencement of the voyage, neglects to render himself on board at the time appointed, and an entry thereof is made in the log-book, he forfeits one day's pay for every hour's absence; and if he shall wholly absent himself, so that the ship is obliged to go to sea without him, he forfeits his advance and as much more.[199] And if at any time during the voyage he absents himself without leave, and returns within forty-eight hours, he forfeits three days' pay for every day's absence; but if he is absent more than forty-eight hours, he forfeits all the wages then due him, and all his clothes and goods on board at the time.[200] These forfeitures cannot be exacted against the seaman unless there is an entry made in the log-book on the same day that he left, specifying the name of the seaman, and that he was absent without leave.[201]
But independently of these regulations, and without the necessity of any entry, &c., a seaman forfeits his wages for deserting the vessel, or absenting himself wrongfully and without leave, by the general law of all commercial nations.[202] If, however, the seaman is absent without fault of his own,[203] or if he is obliged to desert by reason of cruel treatment, want of food, or the like, he does not forfeit his wages. But in such case, the seaman must prove that the treatment was such that he could not remain without imminent danger to his life, limbs, or health.[204] If the voyage for which he shipped has been abandoned, or there has been a gross and unnecessary deviation, he does not forfeit his wages for leaving the vessel; but then the change of voyage must have been actually determined upon and known to the seaman.[205]
Even if the seaman shall have clearly deserted without justifiable cause, or absented himself more than forty-eight hours, yet, if he shall offer to return and do his duty, the master must receive him, unless his previous conduct would justify a discharge.[206] And if he is so received back, and does his duty faithfully for the rest of the voyage, the forfeiture is considered as remitted, and he is entitled to his wages for the whole voyage.[207] If, however, the owner has suffered any special damage from the wrongful absence of the seaman, as, if the vessel has been detained, or a man hired in his place, all such necessary expenses may be deducted from the wages.[208]
A mere leaving of the vessel, though a wrongful absence, is not a desertion, unless it is done with the intention to desert.[209] A seaman is bound to load and unload cargo in the course of the voyage if required of him, and a refusal to do so is a refusal of duty.[210] If the voyage is at an end, according to the articles, and the vessel is safely moored at the port of discharge, the seamen are still bound to discharge the cargo if it is required of them. If they do not, their refusal or neglect does not, however, work a forfeiture of all their wages, but only makes them liable to a deduction, as compensation to the owner for any damage he may have suffered.[211] The custom in almost all sea-ports of the United States is, to discharge the crew, and not to require them to unload cargo at the end of the voyage. This custom is so strong that if the owner or master wishes to retain the crew, he must give them notice to that effect. Unless the crew are distinctly told that they must remain and discharge cargo, they may leave the vessel as soon as she is safely moored, or made fast. If they are required to remain and discharge cargo, they make themselves liable to a deduction from their wages for a neglect or refusal, but do not forfeit them.[212] The seaman must bear in mind, however, that this is only when the voyage is at an end, and the ship is at the final port of discharge. If he refuses to load or unload at any port in the course of the voyage, and before it is up, according to the articles, he does so at the risk of forfeiting all his wages.[213]
The master and owners of a vessel are allowed ten days after the voyage is up, before a suit can be brought against them for the wages of the crew.[214] This is in order to give them time to settle all accounts and discover delinquencies. If the crew are retained to unload, then the ten days begin to run from the time the vessel is completely unloaded. But if the crew are not retained for this purpose, but are discharged and allowed to leave the vessel, then the ten days begin to run from the day they are discharged.[215]
Wages affected by Misconduct.—A seaman may forfeit his wages by gross misconduct; and if not forfeited, he may be liable to have a deduction made from them, for any damage caused to the owner by such misconduct. To create a forfeiture, his misbehavior must be gross and aggravated.[216] A single act of disobedience, or a single neglect of duty, will not deprive him of his wages.[217] A refusal to do duty in a moment of high excitement caused by punishment will not forfeit wages, unless followed by obstinate perseverance in such refusal.[218] Where drunkenness is habitual and gross, so as to create a general incapacity to perform duty, it is a ground of forfeiture of wages. But occasional acts of drunkenness, if the seaman in other respects performs his duty, will not deprive him of his wages.[219] In this, as in all cases of neglect, disobedience, or wilful misconduct, which do not create a forfeiture, a deduction may be made if the owner has suffered any loss.[220]
In one instance a forfeiture of one half of a seaman's wages was decreed, in consequence of his striking the master. He did not forfeit the whole, because he had been otherwise punished.[221]
If the seaman is imprisoned for misconduct, he does not forfeit the wages that accrued during his confinement, nor, what amounts to the same thing, is he bound to pay those of a person hired in his place during his imprisonment.[222]