Spirit and character of the "Shipping Articles,"
The master and owner, on their side, agree by the
contract, technically termed "Shipping Articles,"
which, if drawn up in the prescribed form and signed
by all the seamen, expresses the conditions of the
voyage, with a promise to pay to the mariners their
stipulated wages. It is, also, implied in it that the
voyage shall be legal, and the vessel provided with
the various requisites for navigation; and, further,
that it shall be within defined limits and without
deviation, except such as may be absolutely necessary
for the safety of the crew, vessel, or cargo. It
is also a part of the contract that the seamen shall
be treated with humanity, and be provided with subsistence
according to the laws of their country;
unless there is in it an express provision to the contrary,
or a condition to conform with the usages
of a particular trade.
as affecting the seamen; The seaman, on his side, by the act of signing the "Shipping Articles," contracts to do all in his power for the welfare of the ship; engages that he has competent knowledge for the performance of the duties of the station for which he contracts; to be on board at the precise time which, by American law, constitutes a part of the articles; and to remain in the service of the ship till the voyage has been completed. If he does not so report himself on board the vessel, he may be apprehended and committed to the custody of the law till the ship is ready to sail. He contracts also to obey all the lawful commands of the master; to preserve order and discipline aboard, and to submit, as a child to its parent, for the purpose of securing such order and discipline during the voyage.[1]
- ↑ Act of 20th July, 1840, section 3, U.S. Acts, Boston Ed., vol. v. p. 394.
