Seaman

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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 ?
A roar of cheering and of laughter broke from the rough archers and seamen at the sight, answered by a yell of rage from their pursuers.
In the first match, Russian seamen defeated the Iranian team.
The National Bureau of Investigation (NBI) anti-graft division is looking into a scam at the Maritime Industry Authority (Marina), where thousands of certificates of proficiency (COP) used by seamen to obtain promotions were leaked and sold by a training center for a fee.
Nation on Board is the first book-length study of the working lives of Nigerian seamen in the service of Elder Dempster (ED) and the Nigerian National Shipping Line (NNSL).
Ellis met and married her there when he was a Royal Navy submariner at the time of the Russian Revolution.' Jim jokes: 'Ellis even served on the Russian submarine, Tiger - basis for a film, I think!' DATELINE, midnight, Kilburn, North London: James Postlethwaite, of Walton, who submitted the snap, above, says: 'I don't know how we got there - but we were three broken-hearted Evertonians (May, 1968) - Everton, 0, West Bromwich Albion, 1' PICTURED, right, is Derrick Creedy, left, outside the offices of the National Union of Seamen, in Paradise Street, Liverpool, in 1985, with his pal, who was a New Zealand Merchant Seaman.
A PHOTOGRAPH submitted by Albert Honeyman showing the Missions to Seamen building in Middlesbrough featured recently in our Then and Now series.
Sweatshops at Sea: Merchant Seamen in the World's First Globalized Industry, from 1812 to the Present.
I am an ex-seaman who has been the Cardiff Seamen's Mission centre manager for the past 11 years.
Everywhere around him there were angry faces, shouting - some were, like himself, Arabs; there were Yemenis and there were local Geordies, seamen, some policemen.
For over two hundred years, the United States Congress has looked upon seamen with particular favor.
As someone who began DJ-ing at his school disco before graduating to birthday parties and weddings, Seamen has now worked alongside such A-list acts as Pet Shop Boys, Garbage, Placebo, Kylie Minogue, Alanis Morissette, and U2.a His career took off when he became an editor of Mixmag magazine, regarded as the foremost publication of dance and club culture.
In 1975, Seamen and four other women founded the National Women's Health Network, a women's health advocacy group based in Washington DC that continues to raise public consciousness and influence public policy on women's health issues and concerns, as well as highlight the need for women to become knowledgeable about their bodies and care options.