CHAPTER 2. Ship Masters and Cargoes [800 - 821]
( Chapter 2 enacted by Stats. 1937, Ch. 368. )
The master of a vessel is appointed by and holds his appointment at the pleasure of the owner.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel shall be always on board when it is entering or leaving a port, harbor, or river unless the vessel is in charge of a mate who possesses a master’s license.
(Enacted by Stats. 1937, Ch. 368.)
On entering or leaving a port, harbor, or river, the master of a vessel, the navigation of which is not in charge of a pilot, licensed for that port, harbor, or river, shall take a pilot if one offers himself. While the pilot is on board the navigation of the vessel devolves on him.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel may enforce the obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment; but the master is responsible for the abuse of his power.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel may confine any person on board, during a voyage, for wilful disobedience to his lawful commands.
(Enacted by Stats. 1937, Ch. 368.)
If, during a voyage, the vessel’s supplies fail, the master, with the advice of the officers, may compel persons who have private supplies on board to surrender them for the common want, or payment of, or on giving security for, their value.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel shall not abandon it during the voyage, without the advice of the other officers.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel, upon abandoning it, shall carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel, who engages for a common profit on the cargo, shall not trade on his own account, and if he does, he shall account to his employer for all profits thus made by him.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel shall use great care and diligence in the performance of his duties, and he is responsible for all damage occasioned by his negligence.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel is a general agent for its owner in all matters concerning the vessel.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel has authority to borrow money on the credit of its owner, if it is necessary to enable him to complete the voyage, and if neither the owner nor his proper agent for such matters can be consulted without injurious delay.
(Enacted by Stats. 1937, Ch. 368.)
During a voyage, the master of a vessel is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the preservation of their respective interests, but he can not sell or hypothecate the cargo, except in the cases mentioned in this chapter.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel may procure all its necessary repairs and supplies, may engage cargo and passengers for carriage, and, in a foreign port, may enter into a charter-party. His contracts for these purposes bind the owner to the full amount of the value of the vessel and freightage.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel may hypothecate the vessel, freightage, and cargo, and sell part of the cargo, in the cases prescribed by the articles on bottomry and respondentia, and in no others, except that the master may also sell the cargo, or any part of it, short of the port of destination, if it is found to be of such perishable nature, or in such damaged condition that if left on board or reshipped it would be entirely lost or seriously endanger the interests of its owners.
(Enacted by Stats. 1937, Ch. 368.)
When a vessel, whether foreign or domestic, is seriously damaged, or the voyage is otherwise broken up beyond the possibility of pursuing it, the master, in case of necessity, may sell the vessel without instructions from the owners, unless by the earliest use of ordinary means of communication he can inform the owners and await their instructions.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel may sell the cargo if the voyage is broken up beyond the possibility of pursuing it, and no other vessel can be obtained to carry it to its destination, and the sale is otherwise absolutely necessary.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel in case of its capture may engage to pay a ransom for it in money or in part of the cargo, and his engagement will bind the vessel, freightage, and cargo.
(Enacted by Stats. 1937, Ch. 368.)
The power of the master of a vessel to bind its owner, or the owners of the cargo, ceases upon the abandonment of the vessel and freightage to insurers.
(Enacted by Stats. 1937, Ch. 368.)
Unless otherwise expressly agreed, or unless the contracting parties give exclusive credit to the owner, the master of a vessel is personally liable upon his contracts relative to the vessel, even when the owner is also liable.
(Enacted by Stats. 1937, Ch. 368.)
The master of a vessel is liable to third persons for the acts or negligence of persons employed in its navigation, whether appointed by him or not, to the same extent as the owner of the vessel; but neither the owner nor the master of a vessel is responsible for the negligence of a pilot whom he is bound by law to employ, unless an option is allowed between pilots, some of whom are competent, or unless he is required only to pay compensation to the pilot, but is not required to use his services.
(Enacted by Stats. 1937, Ch. 368.)
The owner of a vessel is bound to pay to the owner of the cargo, at the time of arrival of the vessel at the port of the destination, the market value of that portion of the cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel.
(Enacted by Stats. 1937, Ch. 368.)