If the crime of a seaman is against the laws of the United States, and too great for the master's authority to punish, he must be confined and brought home to trial. But this does not forfeit his wages, though any loss or damage to the owner may be deducted.[223]
In all cases of forfeiture of wages for misconduct, it is only the wages due at the time of the misconduct that are lost. The wages subsequently earned are not affected by any previous misbehavior.[224]
If a seaman or officer is evidently incapable of doing the duty he shipped for, he may be put upon other duty, and a reasonable deduction may be made from his wages.[225]
Wages affected by Imprisonment.—If a seaman is imprisoned by a warrant from a judge or justice of the peace, within the limits of the United States, for desertion or refusal to render himself on board, he is liable to pay the cost of his commitment and support in jail, as well as the wages of any person hired in his place.[226] So, if a seaman is imprisoned in a foreign port by the authorities of the place for a breach of their laws, the costs and loss to the owner may be deducted from his wages; but not so if he is imprisoned at the request of the master.[227] The right of the master to imprison at all is a doubtful one, and dangerous of exercise; and if he does resort to it, he can never charge the expenses to the seamen, nor deduct their wages during imprisonment.[228]
Wages affected by Capture.—If a neutral ship is captured, it is the right and duty of the seamen to remain by the vessel until the case is finally settled.[229] If she is liberated, they are then entitled to their wages for the whole voyage; and if freight is decreed, they are entitled to their wages for as much of the voyage as freight is given.[230] And if at any future time the owners recover the vessel, or her value, upon appeal or by treaty, they are liable for wages.[231]] In order to secure his wages in these cases, the seaman must remain by the vessel until her sale or condemnation, and the master cannot oblige him to take his discharge.[232] The condemnation or sale of the vessel puts an end to his contract. If he leaves before the condemnation or sale, with the master's consent, he does not lose his chance of recovering his wages.[233] Even if the vessel is condemned, and the owner never recovers the vessel or its value, yet the seaman is entitled to his wages up to the last port of delivery, and for half the time she lay there.[234]
Wages affected by Loss of Vessel or Interruption of Voyage.—If a vessel meets with a disaster, it is the duty of the crew to remain by her so long as they can do it with safety, and to exert themselves to the utmost of their ability to save as much as possible of the vessel and cargo.[235] If they abandon the vessel unnecessarily, they forfeit all their wages; and if their leaving was necessary and justifiable, yet they lose their wages except up to the last port of delivery and for half the time the vessel was lying there, or for so long as she was engaged with the outward cargo.[236] This rule may seem hard, but its object is to secure the services of the crew in case of a disaster. If by their exertions any parts of the vessel or cargo are saved, they are entitled to wages, and an extra sum for salvage.[237] If the vessel is abandoned and nothing is saved, they lose their wages, except up to the last port of delivery and for half the time the vessel was lying there.[238]
The general rule is, that a seaman's wages are secure to him whenever the vessel has earned any freight, whatever may afterwards happen. And a vessel earns freight at every port where she delivers any cargo. For the benefit of seamen a vessel is held to earn freight whenever she goes to a port under a contract for freight, though she go in ballast.[239] A seaman also secures his wages wherever the ship might have earned freight but for the agreement or other act of the owner.[240] If a vessel is on a trading voyage from port to port, and is lost on the homeward passage, wages would probably be allowed for the outward passage, and for half the time she was engaged in trading with the old or new cargoes; the trading and going from port to port being considered the same as though she had been lying in port all the time, and discharging and receiving cargo. Or else, wages would be given up to the last port at which she took in any return cargo, and for half the time she was lying there.[241]
These rules apply only to cases where the voyage is broken up by inevitable accidents, as by perils of the seas, capture, war or superior force. If the voyage is broken up by the fault of the seamen, they lose all their wages. If, on the other hand, the seamen are compelled to leave, or the voyage is broken up by the fault of the master or owner, as by cruel treatment, want of provisions, or the like, the crew would be justly entitled to wages for the whole voyage contracted for. If the vessel is sold, or the voyage altered or abandoned by the master or owner, not from inevitable necessity, but for their own interest and convenience, then the crew are entitled, by statute, to wages for all the time they were on board, and two months' extra pay.[242] And, by the general law, they would always receive some extra wages as a compensation for the loss of the voyage, and as a means of supporting themselves and procuring a passage home; or, perhaps, full wages for the voyage.[243]
Wages on an Illegal Voyage.—A seaman has no remedy for his wages upon an illegal voyage; as, for instance, in the slave trade.[244] Wages have, however, been allowed, where it was proved that the seaman was innocent of all knowledge of, or participation in, the illegal voyage.[245]
Wages affected by Death or Disability.—If a seaman dies during the voyage, wages are to be paid up to the time of his death.[246] A seaman is entitled to all his wages during sickness, and during any time he was disabled from performing duty. But if his sickness or disability is brought on by his own fault, as by vice or wilful misconduct, a deduction may be made for the loss of his services.[247] So, where the death of a seaman was caused by his own unjustifiable and wrongful acts, his wages were held forfeited.[248] If a seaman, at the time he ships, is laboring under a disease which incapacitates or is likely to incapacitate him during the voyage, and he conceals the same, no wages will be allowed him, or a deduction will be made from them, according to the nature of the case.[249] If, in consequence of sickness, a seaman is left at a foreign port, he is still entitled to wages for the whole voyage.[250]