Treatise on Master and Servant, Employer and Workman, and Master and Apprentice, According to the Law of Scotland

Treatise on Master and Servant, Employer and Workman, and Master and Apprentice, According to the Law of Scotland

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...c. 104, secs. 260 to 266). Crimes committed on the High Seas and Ab1"oad.--Crimes committed on the high seas and abroad by masters, seamen, or apprentices, may be inquired into, tried, determined, and punished in the same manner as if they had been committed within the jurisdiction of the Admiralty of England. Provisions are made for the conveyance of offenders and witnesses to a Court with jurisdiction, and masters of ships are compelled under certain limitations to convey them, or in default they will incur a penalty. Inquiry into the cause of death on board ship is part of the duty of superintendents, who may take prompt steps upon emergencies. When vitnesses cannot be produced, depositions, subject to some exceptions, are receivable in evidence (secs. 267 to 270). IV. Ricnrs AND Durnzs or SEAMEN.--.Dis0bedienc/.', Misconduct, .Descrti0n.--The Act provides that a seaman or apprentice who is guilty of wilful disobedience, or of continued wilful disobedience to lawful commands, shall be liable to imprisonment for certain periods, and also, at the discretion of the Court, to certain pecuniary forfeitures (sec. 243). But this does not supersede the rule of the common law, which infers an entire forfeiture of wages for any gross breach of duty. It is the seaman's duty, and he contracts to navigate the ship at all hazards and under all perils; and he is bound to stand by the master so long as there remains a chance, in the opinion of the latter, of recovering any part of the ship or cargo. Desertion, quarrelsomeness, turbulence, mutiny, disobedience, neglect of duty, and drunkenness are all breaches of the seaman's duty, ----some of which are provided against by statutory penalties, but which may still at common law, if...show more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236768477
  • 9781236768476