vessel which is close-hauled on the starboard tack; when both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other; when both vessels are running free, with the wind on the same side, the vessel which is to the windward shall keep out of the way of the vessel which is to the leeward; a vessel which has the wind aft shall keep out of the way of the other vessel." "If two vessels under steam are meeting end on the helms of both shall be put to port so that each may pass on the port side of the other; if crossing, so as to involve risk of collision the vessel which has the other on her own starboard side shall keep out of the way of the other."

Steam-vessels are regarded in the light of vessels navigating with a fair wind, and are always under obligations to do whatever a sailing-vessel going free or with a fair wind would be required to do under similar circumstances. Their obligation extends still further, because they possess a power to avoid collision not belonging to sailing-vessels, even if they have a free wind, the master having the steamer under his command, both by changing the helm and by stopping or reversing the engines.

As a general rule, therefore, when meeting a sailing-vessel, whether close-hauled or with the wind free, the latter has a right to keep her course, and it is the duty of the steamer to adopt such precautions as will avoid her.

The statute in addition to the sailing and steering rules above mentioned provides rules for the display of lights and the use of fog signals by different classes of vessels on different occasions. Briefly stated these rules provide that in the night all vessels in motion shall carry a green light on the starboard side and a red light on the port side. Ocean steamships and steamers carrying sail carry in addition a white light on the foremast head; coasting steamers a central range of two white lights; and steamers towing other vessels two white mast-head lights arranged vertically. All vessels at anchor in a roadstead must show a white light.

In foggy weather a steamer under way must sound a steamwhistle, and when towing three blasts of quick succession, at

intervals of not more than one minute. Sailing-vessels under way must sound a fog horn at intervals of not more than one minute.

Both steamers and sailing-vessels at anchor must sound a bell at intervals of not more than two minutes.

For any misdeed of the master, for which the owner is liable, this liability is limited to the value of the ship and freight.

SECTION XI.

THE SEAMEN.

THE law makes no important distinction between the officers, or mates, as they are usually called, and the common sailors, except that the former must be citizens of the United States. Our statutes contain many provisions in behalf of the seamen, and in regulation of their rights and duties, although the contract between them and the ship-owner is in general one of hiring and service. They relate principally to the following points: Ist, the shipping articles; 2d, wages; 3d, provisions and subsistence; 4th, the seaworthiness of the ship; 5th, the care of seamen in sickness; 6th, the bringing them home from abroad; 7th, regulation of punishment.

First. Every master of a vessel bound from a port in the United States to any foreign port, except British North America, West India Islands, or Mexico, or of any ship or vessel of the burden of seventy-five tons or upwards, bound from a port in the Atlantic to one on the Pacific, or vice versa, is required to have shipping articles, which articles every seaman on board must sign, in the presence of a U. S. Shipping Commissioner. They must contain the following particulars: "1. "I. The nature, and as far as practicable, the duration of the intended voyage or engagement, and the port or country at which the voyage is to terminate; 2. The numbers and description of the crew, specifying their respective employments; 3. The time at which each seaman is to be on board, to begin work; 4. The capacity in which each seaman is to serve; 5. The amount of wages which each seaman is to receive; 6. A scale of the provisions which are to be furnished to each seaman; 7. Any regulations as to conduct on board, and as to fines, short allowance of

provisions, or other lawful punishments for misconduct which may be sanctioned by Congress as proper to be adopted and which the parties agree to adopt; 8. Any stipulations in reference to allotment of wages, or other matters not contrary to law."

Second. Wages are regulated as above, and by limiting the right to demand payment in a foreign port to one-half the amount then due, unless otherwise stipulated. Seamen have a lien on ship and freight for wages, which is enforceable in Admiralty. By the ancient rule, that freight is the mother of wages, any accident or misfortune which made it impossible for the ship to earn its freight destroyed the claim of the sailors for wages. This rule is now abolished by statute, but in case of wreck or loss of vessel wages are recoverable only to the time of such wreck or loss. Payment of advance wages is now prohibited by law.

Third. Provisions of due quality and quantity must be furnished by the owner, and extra wages are given to the seamen when on short allowance, or if the provisions furnished are of bad quality, unless the necessity be caused by some peril of the sea, or other accident of the voyage. The master may at any time put them on a fair and proper allowance to prevent waste.

Fourth. The owner is bound to provide a seaworthy vessel, and our statutes provide the means of lawfully ascertaining her condition at home or abroad, by a regular survey, on complaint of the mate and a majority of the seamen. If seamen, after being shipped, refuse to proceed upon their voyage, and are complained of and arrested, the court will inquire into the condition of the vessel, and if the complaint of the seamen is justified, will discharge them, or mitigate or reduce their punishment.

Fifth. As to sickness, our statutes require that every vessel belonging to a citizen of the United States bound to any foreign port, or being of the burden of seventy-five tons and bound from a port on the Atlantic to one on the Pacific, or vice versa, must Le provided with a chest of medicines. Sailing-vessels bound on long voyages are required to carry suitable quantities of lemon juice, vinegar, etc., as precautions against scurvy. For failure to do so the owner or master is liable to heavy fine. Marine hospitals are also maintained by the Government to which every

sick seamen may repair without charge. In addition to this the general law-merchant requires every ship-owner or master to provide suitable medicine, medical treatment, and care, for every seaman who becomes sick, wounded, or maimed, in the service of the ship, at home or abroad, at sea or on shore; unless this is caused by the misconduct of the seaman himself. The right to these things extends to the officers of the ship.

Sixth. The right of the seaman to be brought back to his own home is very jealously guarded by our laws. The master is required before sailing to give a bond for the return of the men named in the shipping articles. He should always present his shipping articles to the consul or commercial agent of the United States, at every foreign port which he visits, but is not required by law to do this unless the consul requires. He must, however, present them to the first boarding officer on his arrival at a home port. And if, upon an arrival at a home port from a foreign voyage, it appears that any of the seamen are missing, the master must account for their absence. Our consular officers may authorize the discharge of a seaman on his own application or that of the master if it appears that he has completed his shipping agreement or is entitled to his discharge under any Act of Congress or according to the principles and usages of maritime law, in which case his wages must be paid to the date of discharge, but not beyond. They may also discharge him if it appears that the voyage is continued contrary to agreement, or that the ship is badly provisioned, or unseaworthy, or that he has been cruelly treated by the officers. In such cases the master is required to pay him one month's extra wages and to procure him employment on some other vessel or to provide for his return to the port of shipment or some other port agreed to by him. They may also authorize the discharge of a seaman for gross misconduct, in which case he has no claim for extra wages. In case of the sale of a vessel abroad the master must provide for the return of the crew to the United States. Consular officers may also provide at the expense of the Government for the return to the United States of seamen disabled by injury or illness abroad; they may also send destitute seamen home in American ships, which are bound to carry them for a compensation not

to exceed ten dollars each, and the seamen so sent must work and obey as if originally shipped. If a master discharges a seaman against his consent, and without good cause, in a foreign port, the seaman may recover full indemnity or compensation for his loss of time, or expenses incurred by reason of such discharge. For the protection of the seamen the master is required on the termination of the voyage to render an account of wages due, with any deductions, to a U. S. Shipping Commissioner, and to pay the men their wages and give them a discharge in his

presence.

Seventh. As to the regulation of punishment, flogging and all other forms of corporal punishment have been abolished and prohibited by law. Desertion, in maritime law, is distinguished from absence without leave, by the intention not to return. This intention is inferred from a refusal to return, or from continued absence. If the man returns and is received, this is a condonation of the offence, and is a waiver of forfeiture. If he desert before the voyage begins, he forfeits any wages or emoluments earned and any clothes or effects left on board; but he may be apprehended by a warrant of a justice, and forcibly compelled to go on board, and this is a waiver of the forfeiture. By desertion on the voyage, he forfeits all his wages and all his property on board the ship, and is liable to the owner for all damages sustained in hiring another seaman in his place.

Desertion, under the statute of the United States on this subject, is a continued absence from the ship for more than forty-eight hours without leave, and there must be an entry in the Jog-book of the time and circumstance. But any desertion or absence without leave, at a time when the owner has a right to the seaman's service, is an offence by the law-merchant, giving the owner a right to full indemnity.

SECTION XII.

PILOTS.

AN Act of Congress authorizes the several States to make their own pilotage laws, and questions under these laws are