DIVISION 4. MASTERS, CREWS AND CARGOES [790. - 876.]

Division 4 enacted by Stats. 1937, Ch. 368.

§§ 790–876 · 45 sections

1. CHAPTER 1. Scope of Division § 790 · 1 section

   • § 790 The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this state, except in so…
2. CHAPTER 2. Ship Masters and Cargoes §§ 800–821 · 22 sections

   • § 800 The master of a vessel is appointed by and holds his appointment at the pleasure of the owner.
   • § 801 The master of a vessel shall be always on board when it is entering or leaving a port, harbor, or river unless the vessel is in charge of a mate who possesses…
   • § 802 On entering or leaving a port, harbor, or river, the master of a vessel, the navigation of which is not in charge of a pilot, licensed for that port, harbor,…
   • § 803 The master of a vessel may enforce the obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment; but the…
   • § 804 The master of a vessel may confine any person on board, during a voyage, for wilful disobedience to his lawful commands.
   • § 805 If, during a voyage, the vessel’s supplies fail, the master, with the advice of the officers, may compel persons who have private supplies on board to…
   • § 806 The master of a vessel shall not abandon it during the voyage, without the advice of the other officers.
   • § 807 The master of a vessel, upon abandoning it, shall carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under…
   • § 808 The master of a vessel, who engages for a common profit on the cargo, shall not trade on his own account, and if he does, he shall account to his employer for…
   • § 809 The master of a vessel shall use great care and diligence in the performance of his duties, and he is responsible for all damage occasioned by his negligence.
   • § 810 The master of a vessel is a general agent for its owner in all matters concerning the vessel.
   • § 811 The master of a vessel has authority to borrow money on the credit of its owner, if it is necessary to enable him to complete the voyage, and if neither the…
   • § 812 During a voyage, the master of a vessel is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the…
   • § 813 The master of a vessel may procure all its necessary repairs and supplies, may engage cargo and passengers for carriage, and, in a foreign port, may enter into…
   • § 814 The master of a vessel may hypothecate the vessel, freightage, and cargo, and sell part of the cargo, in the cases prescribed by the articles on bottomry and…
   • § 815 When a vessel, whether foreign or domestic, is seriously damaged, or the voyage is otherwise broken up beyond the possibility of pursuing it, the master, in…
   • § 816 The master of a vessel may sell the cargo if the voyage is broken up beyond the possibility of pursuing it, and no other vessel can be obtained to carry it to…
   • § 817 The master of a vessel in case of its capture may engage to pay a ransom for it in money or in part of the cargo, and his engagement will bind the vessel,…
   • § 818 The power of the master of a vessel to bind its owner, or the owners of the cargo, ceases upon the abandonment of the vessel and freightage to insurers.
   • § 819 Unless otherwise expressly agreed, or unless the contracting parties give exclusive credit to the owner, the master of a vessel is personally liable upon his…
   • § 820 The master of a vessel is liable to third persons for the acts or negligence of persons employed in its navigation, whether appointed by him or not, to the…
   • § 821 The owner of a vessel is bound to pay to the owner of the cargo, at the time of arrival of the vessel at the port of the destination, the market value of that…
3. CHAPTER 2.5. Ship’s Managers §§ 830–834 · 5 sections

   • § 830 The general agent for the owners, in respect to the care of a ship and freight, is called the manager. If he is a part owner, he is also called the managing…
   • § 831 Unless otherwise directed, it is the duty of the manager of a vessel to provide for its complete seaworthiness; to take care of it in port; and to see that it…
   • § 832 A managing owner is presumed to be without right to compensation for his own services.
   • § 833 A manager may make contracts requisite for the performance of his duties. He may enter into charter parties, make contracts for carriage, settle for…
   • § 834 Without special authority a manager shall not borrow money or give up the lien for freightage, or purchase a cargo, or bind the owners of the vessel to an…
4. CHAPTER 3. Mates and Seamen §§ 860–876 · 17 sections

   • § 860 The mate is the officer next in rank to the master, and in case of the master’s disability the mate becomes the master. By so doing he does not lose any of his…
   • § 861 All persons employed in the navigation of a vessel, or upon a voyage, other than the master and mate, are seamen within the provisions of this code.
   • § 862 The mate and seamen of a vessel are engaged by the master, and may be discharged by him at any period of the voyage for wilful and persistent disobedience or…
   • § 863 A mate or seaman is not bound to go to sea in a vessel that is not seaworthy. If there is reasonable doubt of its seaworthiness he may refuse to proceed until…
   • § 864 A seaman can not by agreement be deprived of his lien upon the vessel, or of any remedy for the recovery of his wages to which he would otherwise have been…
   • § 865 A seaman can not, by special agreement, impair any of his rights, or add to any of his obligations, as defined by law, unless he fully understands the effect…
   • § 866 Except as otherwise provided by law, the wages of seamen are due when, and so far only as, freightage is earned, unless the loss of freightage is due to the…
   • § 867 The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning…
   • § 868 If a voyage is broken up before departure of the vessel, the seamen shall be paid for the time they have served, and they may retain for their indemnity any…
   • § 869 When a mate or seaman is wrongfully discharged, or is driven to leave the vessel by the cruelty of the master on the voyage, it is then ended with respect to…
   • § 870 If a vessel is wrecked or lost, a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts…
   • § 871 A certificate from the master or chief surviving officer of a vessel, to the effect that a seaman exerted himself to the utmost to save the vessel, cargo, and…
   • § 872 When a mate or seaman is prevented from rendering service by illness or injury, incurred without his fault in the discharge of his duty on the voyage, or by…
   • § 873 If a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine,…
   • § 874 If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to…
   • § 875 A mate or seaman who deserts his vessel without cause, or who is justifiably discharged by the master during the voyage for misconduct, or for a theft of any…
   • § 876 A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master.