One of the most useful, nay, I believe, the fundamental idea of the Shipmasters' Societies is to enable their members to meet such costs, or to appeal in case of apparent hardship from the sentences of these courts.

Naval Courts.-The third event which may lead to the loss, temporary or permanent, of a certificate is the finding of a Naval Court of Inquiry. Such a Court may be briefly and loosely defined as the foreign counterpart of the formal investigations at home, though its functions have a wider scope. The same rules as to appeals and costs apply to both. A Naval Court may be summoned by any officer in command of a King's ship on a foreign station, or, in his absence, by any Consular officer, on complaint made by a master, certificated officer, or seaman of a British ship, if, in the opinion of the person to whom the complaint is made, the matter is one which appears to demand immediate investigation, or where the interest of the owner of the ship or cargo makes the holding of such an inquiry advisable. A Naval Court of Inquiry may also be held to investigate the circumstances attending the loss of any British vessel in the neighbourhood, or on the arrival of shipwrecked mariners wrecked out of a British ship.

The Court is to be composed of not more than five or less than three members. The President is the senior naval officer present, and it "is desirable that he should not be below the rank of lieutenant"-to quote the words of the statute. It is also desirable that, of the others, one should be a merchantcaptain, and another a consular officer. It must not include the master of the ship to which the parties complaining, or complained of, belong, or her consignee. This Court can administer oaths and summon witnesses, and enforce the production of documents. At this stage of the subject which we are considering, we are only concerned with its functions in respect of casualties and of other matters which may jeopardise certificates. These it may deal with, as well for misconduct of the officer concerned, as for negligence or incapacity which has led to the casting away of a vessel. It must send to the Board of Trade a report of its proceedings and of its judgment, signed by the President of the Court, and such a document is legally admissible in evidence by the provisions of the Merchant Shipping Act. It is also to be noted that the orders made by such a Court should be entered in the log-book of the ship concerned, and that the entry should be signed by the President of the Court.

Of course, as Naval Courts of Inquiry are held abroad or in the Colonies, there are considerable practical difficulties in the way of the prosecution of appeals from their decisions. These

are owing to the fact that the Courts are held in distant places, whereby time must inevitably elapse before a decision can be reviewed, and expense must be increased by the difficulty of obtaining full evidence. The period of time which it is known must elapse before an appeal can be entertained also tends to deter those who believe themselves to have been unjustly treated from appealing, because, for one thing, men's feelings soften as time goes on, and also because a reversal of sentence does little practical good when the greater part of the punishment has been endured, or when things have fallen into a position which cannot be remedied by any reversal of sentence.

CHAPTER 11.

THE CONTRACT WITH THE SHIPOWNER.

CONTENTS.-A Contract of Service-Bonus for Freedom from AccidentCaptain's Investment for Engagement-Engagement Terminable on Casualty-Captain may not Trade on his own Account-Distinction between Master's Salary and Men's Wages-Necessity for Inquiry into Power of those who offer Leave to vary Instructions-The "Custom of the Trade" no Excuse-Owner's Right of Dismissal For Drunkenness-Forfeiture of Wages-Dismissal by Naval Courts-Change of Owners-Maritime Lien.

ASSUMING that a person has attained possession of that coveted document a master's certificate--it by no means follows that he will at once get a command. There are steamship lines who insist that every officer, who is likely to be called on to take a watch in any of their steamers, shall be possessed of a master's certificate.

A Contract of Service. We are, however, concerned only with the master who has a command. His contract with the shipowner is simply one of service, though there are several peculiar points about it which distinguish it from other contracts of a similar nature. This is, indeed, hardly to be wondered at when the nature of the case is regarded. For the shipmaster is engaged to take charge of many human beings, in crew and in passengers. He has the control of great values in ship and cargo. He has to go great distances from the place where his owner resides; he must be, for considerable periods, beyond even the reach of the telegraph. He is engaged in

difficult business dealings on behalf of his employer with foreign business men who are not slow to take advantage of any point which the law of their country or the ignorance of the shipmaster may offer them.

Bonus for Freedom from Accident. It is usual for a master to be engaged at a monthly salary. The better class of owners nowadays frequently offer a bonus, in addition to the salary, for navigation without such accident as causes a claim on the underwriters, for a period of twelve months. But the old practice whereby the owner made an arrangement with the master for the victualling of the ship is practically obsolete in many of the

best classes of vessels, and seems most undesirable, for it is inclined to be subversive of discipline, and it is not for the advantage of the master that he should have such a contract, for he can make nothing out of it if he feeds the men properly, and he has plenty to do in the navigation and management of his ship without having his attention distracted by having "to serve tables." And in regard to this matter attention may be called to a recent case where a master was proved to have sold spirits to his crew with the result that they obtained a very excessive quantity, and were wholly unfit to perform their duty. The vessel and those on board of her in this case had a very lucky escape from casualty, and we cannot be surprised that the master's certificate was suspended for two years as a mark of the authorities' disapproval of his conduct.

It is sometimes stipulated that the master is to provide his own charts and instruments of navigation, including chronometers. Here, again, the practice of the best class of shipowner is to avoid leaving any part of this duty of providing the most essential portion of a ship's equipment to the master. It is, of course, whether they be provided at his own expense or that of the owners, the duty of the master to see that the equipment in this respect is sufficient. The master must also satisfy himself that the charts and sailing directions carried are brought down to date, and that the compasses are properly adjusted and the chronometers correctly timed.

Master's Investment for Engagement. In the old days it was usual for the master to have some interest in the results of the adventure; that is, he had a bonus on a prosperous voyage. Now it is most unusual that any arrangement of this kind should be made. There are, of course, many shipowners who offer berths to masters who are willing to invest a certain minimum sum in the vessel of which they are to take command. In cases where masters make such investment to qualify themselves for the command, it is most advisable for them to take care that their agreement with the shipowner is of such a kind that they are not liable to be dismissed in an arbitrary manner, for if they are, and no provision is made in the agreement as to what is to become of their investment, they may find themselves dismissed from the vessel whilst their savings remain invested in her. They are thus debarred from using their capital for the purpose of obtaining another ship. In view of certain cases which have recently come before the courts in regard to this question (see p. 17), I have thought it advisable to draft a clause for insertion in the agreement of masters who take commands on "investment terms,"

Engagement terminable on Casualty.-It is usual for a master to be engaged either for a certain period or for a certain voyage. A stipulation is often added for the purpose of terminating his agreement in case his vessel suffers a casualty. A total loss terminates the contract of itself, but minor casualties be of a very expensive kind, and owners sometimes insert a clause, such as the following: "It is understood that, in case of stranding, collision or shifting cargo, your engagement shall be forthwith cancelled if, after investigation, we find that the casualty occurred in consequence of your negligence."

may

The master will, of course, read and consider carefully the form of agreement which he is asked to sign. If he thinks its terms are inequitable he will naturally refuse to sign it, and will ask that it be amended. It is necessary to remind masters to do this, because there have been cases in which men have thoughtlessly put their signatures to documents which have placed them so completely at the mercy of their employers that it is possible that they might, if opportunity had been given them, have obtained legal relief from the terms of their bargain. But it is much easier and cheaper to avoid signing than to get relief from the consequences of executing a formal contract.

Master may not Trade on his own Account.-The master is understood to promise to give his whole time and attention to the work of looking after and navigating the vessel and of attending to the shipowner's interests. He is not supposed to trade on his own account. Cases have occurred where a very small infringement of this rule has, unintentionally, caused the ship very heavy loss, and this has naturally, in the result, fallen upon the master. In the old times he had space in the ship which he could use to his own advantage, but that is gone for ever. The master was also entitled to "primage" and "average." But, nowadays, it is generally arranged that his salary includes everything payable to him, except the bonus for freedom from accident, where one is given. Even the right to let his cabin to passengers, a mode whereby the commanders of Atlantic liners used to make very considerable parts of their incomes, has in most cases been taken away and otherwise arranged for.

Distinction between Master's Salary and Men's Wages.— The master's salary is, in many respects, on a different footing from the men's wages. Under the old law "freight" was said to be "the mother of wages," and upon the freight therefore the men's wages depended. But the master's emoluments were not subject to this contingency. Again, the master is permitted to insure his salary and any commissions to which he may