Seaman

(redirected from Seamen)
Also found in: Dictionary, Thesaurus, Encyclopedia, Wikipedia.
Related to Seamen: sperm

SEAMAN. A sailor; a mariner; one whose business is navigation. 2 Boulay Paty, Dr. Com. 232; Code de Commerce art. 262; Laws of Oleron, art. 7; Laws of Wishuy, art. 19. The term seamen, in it most enlarged sense, includes the captain a well as other persons of the crew; in a more confined signification, it extends only to the common sailors; 3 Pardes. n. 667; the mate; 1 Pet. Adm. Dee. 246; the cook and steward; 2 Id. 268; are considered, as to their rights to sue in the admiralty, as common seamen; and persons employed on board of steamboats and lighters, engaged in trade or commerce, on tide water, are within the admiralty jurisdiction, while those employed in ferry boats are not. Gilp. R. 203, 532. Persons who do not contribute their aid in navigating the vessel or to its preservation in the course of their occupation, as musicians, are not to be considered as seamen with a right to sue in the admiralty for their wages. Gilp. R. 516, See 1 Bell's Com. 509, 5th ed.; 2 Rob. Adm. R. 232; Dunl. Adm. Pr. h.t.
     2. Seamen are employed either in merchant vessels for private service, or in public vessels for the service of the United States.
     3.-1. Seamen in the merchant vessels are required to enter into a contract in writing commonly called shipping articles. (q.v.) This contract being entered into, they are bound under. severe penalties, to render themselves on board the vessel according to the agreement: they are not at liberty to leave the ship without the consent of the captain or commanding officer, and for such absence, when less than forty-eight hours, they forfeit three day's wages for every day of absence; and when the absence is more than forty-eight hours, at one time, they forfeit all the wages due to them, and all their goods and chattels which were on board the vessel, or in any store where they may have been lodged at the time of their desertion, to the use of the owners of the vessel, and they are liable for damages for hiring other hands. They may be imprisoned for desertion until the ship is ready to bail.
     4. On board, a seaman is bound to do his duty to the utmost of his ability; and when his services are required for extraordinary exertions, either in consequence of the death of other seamen, Or on account of unforeseen perils, he is not entitled to an increase of wages, although it may have been promised to him. 2 Campb. 317; Peake's N. P. Rep. 72; 1 T. R. 73. For disobedience of orders he may be imprisoned or punished with stripes, but the correction (q.v.) must be reasonable; 4 Mason, 508; Bee, 161; 2 Day, 294; 1 Wash. C. C. R. 316; and, for just cause, may be put ashore in a foreign country. 1 Pet. Adm. R. 186; 2 Ibid. 268; 2 East, Rep. 145. By act of Congress, September 28, 1850, Minot's Stat. at Large, U. S. p. 515, it is provided, that flogging in the navy and on board vessels of commerce, be, and the same is hereby abolished from and after the passage of this act.
     5. Seamen are entitled to their wages, of which one-third is due at every port at which the vessel shall unlade and deliver her cargo, before the voyage be ended; and at the end of the voyage an easy and speedy remedy is given them to recover all unpaid wages. When taken sick a seaman is entitled to medical advice and aid at the expense of the ship: such expense being considered in, the nature of additional wages, and as constituting a just remuneration for his labor and services. Gilp. 435, 447; 2 Mason, 541; 2 Mass. R. 541.
     6. The right of seamen to wages is founded not in the shipping articles, but in the services performed; Bee, 395; and to recover such wages the seaman has a triple remedy, against the vessel, the owner, and the master. Gilp. 592; Bee, 254.
     7. When destitute in foreign ports, American consuls and commercial agents are required to provide for them, and for their passages to some port of the United States, in a reasonable manner, at the expense of the United States; and American vessels are bound to take such seamen on board at the request of the consul, but not exceeding two men for every hundred tons of the ship, and transport them to the United States, on such terms, not exceeding ten dollars for each person, as may be agreed on. Vide, generally, Story's Laws U. S. Index, h.t.; 3 Kent, Com, 136 to 156; Marsh. Ins. 90; Poth. Mar. Contr. translated by Cushing, Index, h.t.; 2 Bro. Civ. and Adm. Law, 155.
     8.-2. Seamen in the public service are governed by particular laws.

References in classic literature ?
It was now about nine o'clock, and the room seeming almost supernaturally quiet after these orgies, I began to congratulate myself upon a little plan that had occurred to me just previous to the entrance of the seamen.
The wind whistled, the sea roared, the gloom was only broken by the ghastly glare of the foaming breakers, the minds of the seamen were full of dreary apprehensions, and some of them fancied they heard the cries of their lost comrades mingling with the uproar of the elements.
We are not informed for what reason the two seamen were also included in the party - but, in the course of a day or two, we shall put our readers in possession of the minutest particulars respecting this extraordinary voyage.
The steel rod connecting the spring with the propeller was suddenly jerked out of place, at the car end, (by a swaying of the car through some movement of one of the two seamen we had taken up,) and in an instant hung dangling out of reach, from the pivot of the axis of the screw.
With a clank of arms, the rough archers and seamen took to their knees, with bent heads and crossed hands, listening to the hoarse mutter from the file-leaders.
This Spade-beard is a very noted captain, and it is his boast that there are no seamen and no archers in the world who can compare with those who serve the Doge Boccanegra.
Those words, as if grudged to an intruding per- sonage, were enough for me to evoke vividly that strange ceremony: The bare-footed, bare-headed seamen crowding shyly into that cabin, a small mob pressed against that sideboard, uncomfortable rather than moved, shirts open on sunburnt chests, weather-beaten faces, and all staring at the dying man with the same grave and expectant expression.
As the doctor remarked to me: "You seem to have a most respectable lot of seamen.
As some dogs have it in the blood, or are trained, to worry certain creatures to a certain point, so--not to make the comparison disrespectfially--Pleasant Riderhood had it in the blood, or had been trained, to regard seamen, within certain limits, as her prey.
To wile away the time till your father comes,' he said,--'pray is there much robbing and murdering of seamen about the water-side now?
Well, let them get the ship how they would, we came honestly by her, as we thought, though we did not, I confess, examine into things so exactly as we ought; for we never inquired anything of the seamen, who would certainly have faltered in their account, and contradicted one another.
When we were at sea we began to consult with the two seamen, and inquire what the meaning of all this should be; and the Dutchman confirmed the gunner's story about the false sale of the ship and of the murder of the captain, and also how that he, this Dutchman, and four more got into the woods, where they wandered about a great while, till at length he made his escape, and swam off to a Dutch ship, which was sailing near the shore in its way from China.