[71] 130-Sailors Paid on Monthly Basis

If a sailor agreed to serve aboard a vessel for a fixed monthly wage and then should die, his beneficiaries must be paid all the wages due him and given a financial accounting for his whole period of service.

131-Obligation of a Patron in Regard to a Sailor's Right of Free Freight

The master of a vessel is also required to pay the sailor his wages at the location where lading charges are being paid. If the sailor pays for his own food while aboard the vessel, he should inform the master if he intends to serve aboard on the return voyage. In addition, the patron of a vessel is required to allow the sailor to store his free freight merchandise aboard the vessel if he is carrying any such goods, if the sailor had not already stored such goods aboard. It should be understood that such merchandise will not be assessed for any damages resulting from the necessity of dumping cargo overboard.

Further, the value of such free freight merchandise that a sailor brings aboard should not be higher than his wages and cannot amount to more than fifty besants. Should the sailor have such merchandise valued at one hundred besant, he will be required to pay the lading charges on only fifty besants worth of his goods. If his merchandise is valued at forty, thirty or twenty besants and this value approximates his wages, he will not be liable for assessment on the basis of his merchandise for any damages due to dumping of cargo overboard.

A sailor can store his free freight wherever he pleases aboard the vessel, but the patron shall not be responsible if it becomes damaged or waterlogged. A sailor bringing aboard free freight should notify the clerk and have this merchandise entered into the ship's register. Should he fail to do this, his merchandise shall be confiscated. Moreover, he must make a deposition consistent with truth concerning this merchandise, and should he lie about this matter, he shall be deprived of all of this merchandise if it is proved that he uttered a falsehood, and the local court will confiscate all of his merchandise, giving the patron of a vessel one-third of it.

132-Explanation of the Preceding Article

In conformity with what has been stated before, free freight merchandise belonging to a sailor is not assessed for damages resulting [72] from cargo being thrown overboard in case of necessity. It was not, however, made plain and conclusive how this statement should be interpreted. For these reasons, well-informed and learned people who had first circumnavigated the earth wanted to make this clear by stating the following: If the sailor had purchased this free freight merchandise with his own money, that is, before he received his wages for service aboard this vessel, aboard which he had stored this free freight merchandise, in the manner mentioned above, and due to some unfortunate accident, it is necessary to dump some cargo overboard, such a sailor will be required to share in the damages resulting in proportion to the value of his free freight merchandise and the value of the cargo dumped overboard.

If, however, the master of the vessel due to his good will and friendly disposition, pays the crew their wages before the journey begins or has made loans to them, such sailors shall be obligated to share in the damages resulting from cargo being tossed overboard to the amount of half of their wages.

If the value of their free freight merchandise amounted to more than one-half of their wages, they shall be forced to share in the damages due to the necessity of dumping of the cargo overboard in the amount which is above the amount of one-half of the wages they had been paid.

If it should happen that the master of the vessel does not wish to extend them loans or pay their wages for the whole voyage before it is undertaken, they shall be required to share in the damages resulting from the necessity of dumping cargo overboard to the degree mentioned above.

Further, when a patron has paid the wages of these sailors, regardless of where and when this has taken place, they shall be required to share in the damages which will be assessed against their free freight merchandise only in the amount equal to one-half of their wages.

This article was written for the reasons mentioned above.

133-Free Freight Merchandise of the Crew

The patron of a vessel is obliged to take aboard and transport the amount of free freight merchandise of the crew as he had promised, while the sailor is obliged to load it aboard the vessel before it is fully cargoed. If the vessel has been cargoed to capacity and the sailor wants to bring his free freight merchandise aboard, the master of the vessel is not obligated to take it aboard. If, however, a sailor wanted to load his merchandise aboard before the vessel is fully cargoed, and the master of the vessel resisted this, he shall pay [73] the sailor the amount of the lading charges he received for the cargo equal in amount to the free freight merchandise of the sailor, but under such circumstances the sailor cannot load anything else aboard.

134-Lading Charges Paid on Cargo Which Has Replaced Free Freight Merchandise

A sailor should not and cannot give up his right to carry free freight merchandise to a merchant or to another sailor who enjoys similar privileges. If, however, he should consent to this, the master of the vessel can demand that the sailor surrender the gratuity which he was paid for this privilege.

135-Labeling of Cargo Aboard the Vessel

Neither a sailor nor a merchant or anyone else shall label any cargo after it has been loaded aboard the vessel. If anyone should proceed to do this ,the master of the vessel may confiscate it. The former ought to lose all the cargo labeled in this manner.

136-Roster of Duties Aboard the Vessel

In addition, if the master of the vessel is required to pay the sailors for storing the cargo aboard the vessel, he shall pay them the full amount due them. If the vessel is small he should pay them half as much as if the vessel were large. He shall also allow them six days to make purchases of any goods which they intend to take with them.

One-third of the crew shall man the vessel one day, one-third the next day, while the last third of the crew shall perform all other duties essential to the well-being of the vessel.

137-Loading Aboard of Merchandise Belonging to the Crew

The master of the vessel shall allow a sailor to load and unload his free freight merchandise with the use of the ship's boat. The other members of the crew shall help him to do this.

138-Source of Wages for the Crew

Further, the master will pay the wages of the crew from the lading fees received for carrying the cargo. If this is insufficient to meet the payroll, he shall borrow money to pay them. Should he fail to secure a loan, he shall sell the vessel in order to get sufficient funds for this purpose, for the crew must be paid before creditors or [74] shareholders get their share. A sailor must be paid even if the only thing remaining with which he can be paid is one nail ⁽¹⁾ unless the vessel had left on another journey.

If the master of a vessel during a voyage borrowed money from the crew with their consent in order to increase their wages through speculation for profit, and then in a subsequent voyage suffered a catastrophe, the crew must be paid for the first voyage without increment even if the remains of the vessel had to be sold. Even if the only thing that remained of the vessel was a single nail, it must be used to pay the crew. No loan maker or any other person can oppose payment of the crew, no matter what remained from the vessel, because it had been so decreed.

139-When, in What Manner, and from What Sources Should the Crew Be Paid

The patron of every vessel shall pay his crew at the place where he has received payment of lading charges in conformity with what has been stated in the preceding article. This refers only to a situation where there has been no agreement made between the crew and the master, under which the master of the vessel is required to pay the crew after returning to the location from which they began the journey. If such an agreement has been made, the sailors shall not and cannot demand payment of their wages until after the return to the location where they had made such an agreement with the master, unless the master is willing to make some concession out of his good will. The patron shall, however, be required to pay their wages immediately upon return from the voyage to the place of its origin without any conditions or opposition.

If any of the sailors should suffer any loss or damage or expense relative to the payment of the wages due them, the patron shall be held accountable for all the losses and damages they suffered due to his failure to pay them their wages.

If there has been no agreement concluded between the patron and the crew, and there has been no conditional provision imposed, the patron shall pay them their wages in the amount agreed without any delay, after he receives payment of the lading charges, and in the same species of money as he had received from the merchants. ⁽²⁾

[75] If it should happen that the merchants are deceivers, or that their cargo which he is carrying shall be worthless, then the lading fees charged on it which they were to pay the patron, and in lieu of this payment they leave the cargo with the master of the vessel, regardless of whether their cargo is sufficient in value or insufficient to pay the lading fees, the crew must be paid, even if the vessel has to be sold for a price insufficient to pay their wages.

No loan maker or any other person can be opposed to this and under no circumstances shall he make an issue of this matter. It is essential, therefore, that the crew shall be paid at the place where payment was promised them, unless the crew out of its own free will is willing to wait for the wages due.

This article was written in order that every patron of a vessel be on guard as to whose and what kind of cargo he will accept for shipment, because it is immaterial whether he receives or does not receive the lading charges due. He will still be required to pay the wages due the crew under all circumstances.

140-Wages Paid Sailors from the Proceeds of a Sale of the Vessel

Above all the responsibilities of the master of a vessel are the following: If his vessel is taken over by the judicial authority or any other party, and the merchants in conspiracy with the patron sell the vessel secretly, so that the judicial authority would not be informed about it or for some other reason, and then the patron repurchases the vessel through some intermediary, a sailor should not be deprived of his wages, because the vessel and the potential lading charges are still in the master's jurisdiction and he will again be able to ship cargo aboard it. Therefore a patron cannot discharge a sailor without paying him his wages.

Further, a sailor shall share proportionately, as will the merchants, to the extent of one-third of his wages as well as in the profits he made from his wages in any damages and losses which will occur. ⁽³⁾

Further, if the master of a vessel should wish to lay over during the winter months, the merchants cannot pose any opposition. However, should the master of the vessel wish to lay over during the winter although he could have undertaken the return journey and in the interim the situation should develop requiring the sale of the vessel, [76] as has been stated above, he shall be required to pay the crew its full wages, and the crew shall not be obligated to share any part of its wages in any damages which may have resulted.

This article is being written because a sailor has to obey the orders of the master of a vessel, and such a sailor would be spending an entire winter season without getting any increase in wages, using his energy and his clothing without any self-benefits, while the patron delayed the voyage in the hope of reaping profits. Therefore full wages must be paid the sailor without any opposition and without any deductions for any losses.

However, there is an exception to this: if a patron after a mutual understanding has been reached announces an agreement providing for the increase in the wages of the crew and for paying the crew for the time wasted. If there should be such an understanding to which the sailors agreed freely, the obligations of the master to his crew will also include the same obligations toward the shareholders; ⁽⁴⁾ the vessel and wages of the crew actually constitute a single element in all matters related to them. If there actually has been no agreement reached, all payments shall be made as stated above.

Further, a patron is required to pay a fee for a sailor in every locality where such fees are levied whether it be a penny or a larger amount. This should be paid to the community where they are located, and the payment must be borne by him because he is obligated to do this. ⁽⁵⁾

141-A Patron Shall Post a Surety Bond for His Sailors

In addition, the patron shall be required to post a surety bond for the sailor to the amount of the wages due the sailor if such a sailor has not as yet received his wages, as well as a surety bond for the merchandise which the sailor has aboard the vessel, its value to be determined by the patron. He shall also help the sailor in every manner that he can, provided he does not interfere in any quarrels in which the sailor is involved, or expose himself and respectable people aboard his vessel to danger and ruin.

[77] 142-Deposit of His Savings by a Sailor

The patron of a vessel is obligated to invest a sailor's money profitably after paying him his wages, in a manner considered most expedient by the patron, with the provision that he himself will not suffer any loss. If a patron is staying in a nearby or a distant city, and a sailor wishes to proceed there in order to invest his money, the patron should provide food for the sailor aboard his vessel for two days, but no longer if he does not wish to.

143-Filing of Charges Against the Patron by the Sailors

Furthermore, every patron of a vessel must provide food for his sailors during a voyage, even if they have lodged charges against him.

144-Explanation of the Preceding Article

In conformity with the resolutions made in the previous article, the patron should furnish food for his sailors during the time they have lodged charges against him. It was not stated, however, why, and in what manner he shall do this.

Due to the lack of proper explanation of this matter in the previous article, patrons of vessels could suffer great damages. Therefore, well-informed people, who had written and proclaimed these customs and ordinances, fearful that such great damages may result, have introduced modifications and clarifications of some of these ambiguous articles, in order to prevent the occurrence of any disputes or damages.

In relation to the previous article, they state and affirm that patrons of vessels must provide food for sailors who have brought charges against them, but only in specified cases. First instance would be under the following circumstances: If the master of the vessel would not provide sufficient nourishment for the sailors, as has been customary and stated, explained and certified in one of the former articles. ⁽⁶⁾ Second circumstance: If he should fail to fulfill the terms of the agreement reached with the sailors on the date of enlistment. Third circumstance: If during the journey he charted a different course and failed to inform the crew about it or had not mentioned this when they were concluding the agreement. Fourth circumstance: if he wishes to change the purpose of the voyage without their knowledge and approval; in addition, in each justifiable instance when he fails to adhere to all the promises he made to the [78] crew when they were concluding the agreement. In all the above enumerated instances the patron of a vessel must provide sufficient food for the crew even though they have brought charges against him.

Further, the phrase, "changing of the purpose of a journey," should be understood in the following way: When a master of a vessel, finding himself in some locality where he can hire a new crew, would try to force the crew aboard his vessel to continue against their opposition. if he should change the purpose of the voyage because of the circumstances enumerated or due to the interference of the judicial authority, fearful of sailing to the destination where he had promised the merchants to deliver their cargo, the crew should continue to serve under him. In case he should be able to get higher lading fees due to this change of the course, he should likewise proportionately increase the wages of the crew.

For these reasons our forefathers, who first circumnavigated the world, inserted these amendments. Why? Because it would constitute great evil and cause great damage, if without regard to restrictions, date, or place which the vessel will reach, as well as without regard to the reason, the crew could without just cause, initiate actions against the patron of a vessel aboard which it serves; because there are sailors sometimes who, moved by fanciful desires and following their own impulses, do not care whether the patron will lose his vessel; they would even gloat over this misfortune. Because there are in the world many evil people who worry and despair when they see that another person makes profit and attains a degree of success, and because they themselves are unfortunate and worthy of pity, they would want to see all others in the same predicament; such is the objective of the people of such disposition. Also, because people of no account refuse to admit and recognize the fact that there would be in the whole world better people than they.

For this reason our ancestors wanted to delineate the circumstances and causes under which a patron of a vessel should be required to provide food for the sailors who have initiated charges against him, in order that in the future a person of no account could not deprive another person of his possessions.

It is for the reasons mentioned above that this article was written. If, however, a sailor should file charges against a patron of a vessel without well-founded reason and cause, he will be required to reimburse the patron, under whose command he enlisted to serve, and against whom he had brought action, for all the costs, losses, and damages which the patron suffered or will suffer because he unjustly forced him into litigation and loss of his property. If such a sailor should be without means to repay the patron, he should be seized, [79] taken before the judicial authority and turned over to them, and imprisoned and held in prison until he repays the patron under whom he served all the damages suffered due to his malicious behavior, for he should not have engaged him in such litigation and caused him such injury. As a matter of fact, every person should beware of causing without just reason any harm to another person, if he does not want the harm which he had wanted to cause to another to be inflicted upon himself; it would be therefore just that harm should come to a person of such caliber.

145-Food Which Must Be Provided for the Sailors by the Patron

To continue: Every patron of a vessel or a boat which has a deck must provide the following food for the whole crew: Meat three times per week. This means on Sunday, Tuesday, and on Thursday. On the other days of the week he shall provide soup for them, ⁽⁷⁾ in addition to the bread given the crew each evening. Also three times per week, in the morning and in the evening he shall provide them with wine. To supplement the bread ration they should be given cheese or onions or sardines or other kind of fish.

In addition, the master of a vessel is required to issue rations of wine, if it will not cost him more than three and one-half besants. If he procures raisins or even figs, he should make wine; if he should not be able to get either figs or raisins or if they cost more than thirty milliares per thousand rolls, the master will not be required to issue wine rations.

Furthermore, the patron shall double the rations of the crew on all official holy days. Finally, he shall employ proper personnel to prepare the food for the crew.

146-A Patron Shall Not Be Required to Furnish Meals for a Sailor Who Does Not Sleep Aboard the Vessel

The master of a vessel is not required to provide food for the sailors when they do not sleep aboard the vessel. ⁽⁸⁾

147-A Sailor is Not Required to Serve Aboard a Vessel Bound for a Dangerous Location

[80] Further, a master of a vessel shall not send a sailor to some dangerous locality. If the sailor refuses to proceed there, the patron cannot force him to do this.

148-Loaning a Sailor for Service Aboard Another Vessel

To continue, a patron cannot loan a sailor to serve on another vessel without his consent, except in a situation when a master of another vessel needs a master sailor or a sailor who is able to perform some duty which is indispensable to the other vessel, which cannot be performed by any person aboard his own vessel. Under such circumstances the sailor should agree to serve aboard the other vessel, but not to go ashore in this capacity, unless he should go ashore in the pursuit of the business of the vessel on which he had agreed to serve and with the provision that he will not be required to carry any heavy cargo or do anything else which he was not obligated to do.

149-Fees Paid by the Merchants to the Patron for Unloading a Vessel

A master of a vessel is obligated to pay the crew for unloading a vessel as much as he himself had received from the merchant for unloading the cargo at a specified location; thus, under this arrangement, whatever he receives from the merchants he gives to the crew.

150-Upon Completion of a Journey the Sailor Is Released from Service

If a master of a vessel undertakes another voyage from the location which was the destination of the vessel, and a sailor is unwilling to proceed on this voyage, he cannot be forced to serve him, provided that they are in a location where other sailors may be found willing to serve aboard this vessel. Should the master be unable to find such sailors, the former sailor should be given an increase in wages in the amount decided by the master, the clerk, and the helmsman to proceed on this voyage and depending on the value of his services in the new voyage as compared to the value of his services in the preceding voyage. The patron, however, cannot reduce the wages of any member of his crew.

If any member of the crew deserves a higher wage than he was given at the beginning of the journey, the patron shall give him an increase. There are many capable men, who wish to leave a country with which they have become well acquainted, and in order to do this will enlist for ridiculously low wages.

151-When a Vessel Is Sold in a Christian Nation

[81] When a master of a vessel or some other person authorized to do this should sell the vessel to a stranger and not a shareholder in the vessel, he must pay the crew their wages, and they are released from his service. If these sailors should find themselves in a location where they do not wish to work, the patron or the person who sold the vessel will be obligated to care for their needs until they return to the locality from which they had departed.

152-When a Vessel Is Sold in the Territories of the Saracens

If the vessel is sold in the territories of the Saracens, the master of the vessel is required to provide them [the crew] with transportation and the necessities of life until they reach a Christian nation where they will feel secure.

153-Fear of Sailing to Specific Destination Expressed by the Sailor at the Time of Enlistment

If it should happen that a sailor enlisted by being entered upon the rolls in the ship's register, and if agreeing to serve aboard the vessel he made certain stipulations, which the patron entered into the register at the express wishes of the sailor, to the effect that this sailor would not feel safe if they were to sail to certain territories or waters, the sailor may refuse to sail there, and the patron of the vessel shall pay him half the wages due him for the journey and provide him with the necessities of life until he shall reach the territory where he shall feel safe.

However, if the sailor enlisted aboard a vessel without making such a stipulation, he will be required to sail wherever the patron of the vessel is required to sail with the merchants.

154-Obligations of a Sailor upon Enlistment

A sailor, from the moment he reaches an agreement with the patron of a vessel by a handshake, is obligated to sail with him to any destination in the same manner as if this had been accomplished by a notorial act. Beginning from the date of the enlistment he shall not absent himself from the vessel without the approval of the patron. If the sailor should have some matters to attend to away from the city in which they are located, he must get the permission of the patron; if the vessel should be moored in a foreign nation and the sailor wants to venture beyond the city, he shall leave all his belongings aboard the vessel for three days.

In addition, the sailor must pledge an oath to the master of the [82] vessel that he will remain loyal and trustworthy, as was written in the article, in which we discussed what the merchants demand from a patron.

155-The Burden of Responsibilities of a Sailor

Further, a sailor is required not to leave the patron or the vessel under any circumstances except three: when he is about to become a master of his own vessel, or he is to be given a position of navigator, or by a special agreement.

If the patron or the person who hired the sailor should die , his effects left aboard the vessel should be designated to pay the sailor for the period of his enlistment.

To continue: The sailor is obligated to do all sorts of work whatever is related to the vessel, to go into the forest to cut and process lumber, to help in the rendering of oil and to fire the stove, to accompany the crew of a whaleboat, to store and reload the cargo, and in each case when the navigator orders him, to go to fetch water, to load aboard everything that belongs to the merchants, to load on ballast, to carry aboard all kinds of equipment, to bring in wood, to help in the repair of the vessel in order to make it seaworthy, and to perform all sorts of other tasks which are necessary aboard the vessel, as long as he remains aboard such vessel.

156-Circumstances under Which a Sailor May Terminate His Enlistment

A sailor hired to serve aboard a vessel may, after his name has been entered on the roster roll, ⁽⁹⁾ or after he has agreed to serve by a handshake with the patron or the clerk, free himself from the obligation of undertaking the journey for one of the following reasons: in order to be married, in order to undertake a pilgrimage to a holy place which he had vowed he would take before he enlisted, or, if he is a hand on the prow deck, in order to take a job as a hand on the stern deck, or to become a navigator, or if he will become a master of a vessel, provided he does this without any deceit or fraud.

157-Desertion of a Sailor

If a sailor, after enlisting and after taking an oath relating to his service, should desert, the master of a vessel may hire another in [83] his stead. if the replacement he hired should have to be paid a higher wage, the deserter must reimburse the master of the vessel for this increase, under the condition that he was a sailor well versed in the art of sailing.

158-Amendment of the Preceding Article

In the preceding article it was stated that a sailor who deserted after enlisting will be required, if the patron had to hire another to replace him and pay him a higher wage, to reimburse the patron for the total difference in the wages paid to his replacement. This is to mean that this shall apply if the situation developed at the place where the enlistment was made. Nothing was mentioned about the obligation of the sailor who, having enlisted, deserts after the vessel had sailed away from the port where the whole crew was hired and had reached a foreign port.

In order to make the above article clear, our ancestors who first traveled throughout the world wished to embellish it and to make the following correction, in order that the contents of the article would not constitute cause for disputes and grievance. They stated that any sailor who deserts while in a foreign country, when apprehended subsequently anywhere, will be required to pay for all the costs and damages as well as all the expenses borne by the master of a vessel in connection with his desertion.

Patron's deposition in this matter will be accepted and taken for granted.

If such a sailor will be without means to pay for these damages, he shall be seized and turned over to the judicial authorities, where he will be detained until he is able to pay for all the damages and losses which the patron had suffered as he had stated in his deposition.

The above corrections were incorporated within this article in order to provide proper explanation of this matter.

159-A Vessel in Tow

Further, a sailor shall assist in the towing operation of a vessel if ordered to do so by the helmsman in order that this vessel can be towed into a port, unless such a vessel be an enemy craft.

160-Salvage of Cargo on the High Seas. Sailor Paid on Mileage Basis

To continue: Should a sailor find any object during the period of [84] his enlistment, the vessel shall be entitled to three parts and he to one part of the salvage, regardless of the amount of the salvage, be it large or small. If the crew while sailing should discover some floating objects, they shall attempt to recover these objects which may consist of cargo, and when ordered by the master of the vessel shall attempt to recover these floating objects even if it is not cargo, provided that the crew receive its share, as has been stated above. The patron of a vessel is entitled to such a large part of the salvage because he feeds and pays the wages of the crew. If the patron leases his vessel to another party, the new patron shall be entitled to his share of the salvage because of the expenses he has undertaken in connection with the vessel. If he should die aboard this vessel before the expiration of the time for which he had leased the vessel, the value of salvage shall be added to his estate.

Further, if a sailor enlisted on a mileage basis, he shall be obligated to sail aboard this vessel even to the ends of the world. ⁽¹⁰⁾ If it should happen that the vessel returns to the port from which it had undertaken the voyage but not with the same cargo because it had been unloaded elsewhere, the contractual obligations of the sailor end. However, if the vessel had not unloaded its original cargo, the sailor is required to continue to serve aboard it on the mileage basis.

This article has been written because there are many merchants burdened by debts who do not wish to return to their native country, because of the poor reception they would receive there, and because of the fear that upon return their vessel would be sold at auction; thus by this means they would retain the services of the crew without end.

161-Patron's Obligations to the Merchants

A sailor serving aboard a vessel is required to remain in service only so long as the vessel is proceeding to the destination indicated by the patron at the beginning of the voyage; if the patron should sell his vessel, he shall find accommodations for the sailor aboard another vessel in order that such a sailor would be able to return to his place of domicile and to take care of his affairs.

If a master of a vessel upon completion of a voyage and after unloading the cargo and throwing out the ballast shall undertake another journey and happens to be in a locality where he can recruit sailors, he cannot force his original crew to continue service aboard for an [85] other voyage. However, if the vessel was located in an area where it was impossible to hire a new crew, the original crew should continue to sail with him provided that the patron is willing to pay them a higher wage considering all the circumstances in this situation.

This article is written in order that a vessel would not be forced to forego a chance of making another journey, because this should not be allowed to happen due to the unwillingness of the crew to continue to serve. If the patron appointed someone else to command the vessel, the agreement reached between the patron and the sailors will no longer be obligatory, because the patron gave up his command of the vessel.

162-Limitation on the Obedience to Carry Out Orders of Patron and the Navigator of a Vessel

A sailor is required to obey all the orders of the patron and the navigator of a vessel with this exception: that they will not require him to serve aboard another vessel. He is, however, bound to carry out all their orders relating to his service aboard their vessel.

163-Provocation of Argument by a Sailor with His Patron

To continue: A sailor who provokes an argument with his patron shall lose one-half of his wages and his right to free freight of any merchandise which he may have aboard the vessel, and shall be removed from the vessel. Should he use a weapon against the master of the vessel, he shall be seized by the crew, bound, put in the brig and brought before a court of justice. Members of the crew who refused to aid in disarming him shall be deprived of their right of free freight and of the wages which they received or should receive for the voyage

164-When a Sailor Strikes His Patron in a Fit of Anger

Further, a sailor who strikes his patron in a fit of anger shall be adjudged a traitor and a perfidious person; he should be imprisoned and deprived of all that he possesses.

165-Proper Behavior of a Sailor Toward His Master

A sailor is required to suffer an affront from his patron. If the patron should attempt to assault him, he should flee to the prow of the vessel past the anchor chain. If the patron pursues him there, he shall flee to the other side; if, however, the patron should pursue him there, the sailor has a right to defend himself, providing there [86] are witnesses who will testify that the patron pursued him beyond the anchor chain, which he is not allowed to do.

166-When a Sailor Disembarks to Go Ashore

Further, a sailor is not allowed to leave the vessel in order to go ashore without the approval of the navigator or the clerk, unless he is allowed to do so by the patron of the vessel because there is no work to be done aboard the vessel.

167-Theft Committed by a Sailor

To continue: A sailor who should steal cargo, equipment, or any other thing from the vessel shall forfeit his wages and his right to free freight if he has any merchandise aboard the vessel. The master of the vessel may put him in the brig, put him in shackles, and keep him in the brig for the entire journey, and upon completion of the journey he may turn him over to the judicial authority.

168-When a Sailor Maliciously Throws Food Overboard

A sailor who maliciously throws food or wine overboard shall be deprived of his wages and his right to free freight of any merchandise he may have aboard the vessel, and will be left to the mercy of the patron.

169-Punishment Awaiting a Sailor Who Leaves the Vessel Without Permission

In one of the previous articles it was stated that it is not allowed a sailor to disembark from his vessel without the express permission of the patron, the clerk, the navigator, or a person who was left in command of the vessel. That article does not explain or specify the consequences to the sailor who went ashore without permission. In order that there will not arise any disputes between the sailors who left the vessel without permission and its master, our ancestors explained in the following manner the article which relates to the situation when a sailor leaves the vessel without permission of the patron or the person who in his person is in command of the vessel:

If a sailor violates this rule and the vessel which he left to go ashore was damaged in some way due to his absence, as stated above, he will have to pay all the damages which resulted to the vessel due to his absence, since he was negligent when he left the vessel in this manner.

If the mentioned sailors are unable to pay the damages to him to [87] whom the vessel belongs for the losses which resulted from their negligence, they shall be seized, turned over to the judicial authorities, and cast into prison, where they shall remain until they reimburse the person to whom the vessel belongs for all the damages he suffered or are able to make an agreement to that effect with him.

If the sailors go ashore at the port where their vessel has arrived, and where their patron has ventured in order to collect the lading charges due him or to arrange for a new shipment of cargo, or where the patron has gone ashore for any other reason, and as the result of their absence from the vessel without the permission of the patron or of a person commanding in his stead, the patron of the vessel loses some cargo or suffers other damages, the sailors guilty of this breach of discipline shall pay him for all the damages and losses which resulted from their negligence. If they are unable to repay him for the damages and losses suffered, they should be dealt with as has been stated above.

This article is being written because many sailors have such an exaggerated opinion of their value that they imagine that the patron of the vessel, the navigator, or any other person aboard the vessel does not even approximate their own stature; it appears to them that whatever they may do could not possibly result in damage. Therefore, every sailor must be very careful not to leave the vessel at will in order that he does not place himself in the position where he would be subject to the punishment mentioned above.

170-Violation of Dress Regulations

A sailor shall not undress for the night unless the vessel is moored in the port for a winter layover. Should he violate this rule, he should be punished for each transgression by being tied and dunked in the ocean three times while held by a rope. If he should violate this rule three times, he shall lose his wages and all the possessions he has aboard the vessel.

171-A Sailor Cannot Leave the Vicinity of a Vessel After the Cargoing Operation Begins

To continue: A sailor is not allowed to leave the vicinity of his vessel when the cargoing of a vessel begins in a dangerous locality, unless the patron or the navigator agrees to his absence. Should he remove himself without permission, he will be required to pay for the damages suffered by the vessel due to his negligence.

172-Sailor Is Forbidden to Sell His Personal Weapons

[88] To continue: A sailor cannot sell his personal weapons until the voyage is completed. Should he do this, he will be left to the mercy of the patron.

173-Sailor May Not Remove Anything from the Vessel Without Permission

To continue: A sailor is not allowed to take anything off the vessel without notifying the clerk, the navigator, or the guard of the vessel. Should he do this , he shall be treated as a thief.

174-Sailor Should Not Sleep Ashore

To continue: A sailor should not attempt to sleep ashore without the permission of the patron of the vessel. Should he do this, he will be adjudged perfidious.

175-Sailor Shall Unfurl the Sails and Get the Vessel Ready to Sail

To continue: A sailor shall trim the sails and get the vessel ready to sail, whether or not the navigator is aboard. He is not allowed, however, to unloosen the hawsers or to pull up the anchor if he has not received an order to do so.

176-Proper Use of the Jolly-Boat

A sailor who is assigned to steer a jolly-boat shall carry all the people into it and for this reason must remove his boots. He shall also carry people out of the boat unto the shore. Should he refuse to do this and be unwilling to do this, he shall pay all the damages resulting from his refusal to perform this task.

177-A Sailor Shall Go to the Mill if Ordered

If the patron or the clerk of the vessel order that a sailor proceed to the mill, he must obey this order; he must also carry out all the other duties connected with the maintenance of the vessel. ⁽¹¹⁾

178-Personal Arms of a Sailor

To continue: A sailor must equip himself with proper weapons as provided for in the agreement he made with the patron. If he should fail to do this, the patron shall buy the necessary weapons for him and charge them to his account, without his consent but in the presence of [89] the clerk.

179-A Sailor Should Not Abandon His Vessel

A sailor is prohibited from deserting the vessel during a voyage; his wages shall be increased in the same proportion as the increase of the lading charges earned by the vessel.

180-The Crew Shall Load the Ballast and the Cargo

Sailors are required to unload the ballast at the point where the vessel begins the journey; they shall store and load the cargo and other merchandise carried aboard the vessel with the help of the boats belonging to the vessel; in addition, they are required to unload the personal belongings of the merchants, their chests and weapons, as well as to load and unload the ballast, as well as to load aboard and store all the cargo regardless of its kind, especially when the vessel reaches some unscheduled area due to some danger.

181-Sailors Shall Pull the Vessel Ashore

Further, a sailor is required upon a command given by a patron to pull the vessel on the beach or up to the pier and he cannot leave the vessel until this is done, if the patron did not order that the vessel be beached or pulled to a pier, the sailor shall help in making the vessel ready for a voyage; if he should fail to do this, he will be required to pay for all the damaged due to his negligence.

182-When a Sailor Dispatched on an Errand by the Patron is Kidnapped

If the master of a vessel dispatched a sailor to some locality on an errand, the sailor must proceed as ordered. Should he be captured by someone or suffer some damage, the patron will be held accountable; and should he be kidnapped, the master shall ransom him.

To continue: A sailor shall not be ordered to go farther than half a mile from the vessel, and he shall not be ordered to do so in a dangerous locale. Should he be captured by the pirates or forcibly restrained on land, he shall be paid his full wages as if he had served aboard the vessel during the entire journey.

Further, if he is not dispatched on some errand, he shall obey all the orders issued to him by a person whom the patron left in the command of the vessel while the patron was away.

183-Responsibility of the Crew Serving Aboard a Chartered Vessel

[90] A proprietor of a vessel who has concluded an agreement to lease his vessel for a fee shall furnish everything that was included in such an agreement between himself and the lessee. If the lessee should act dishonestly and should refuse to pay the sailors who had agreed to serve under his command, the owner of the vessel will be held accountable for their wages for he should have been very careful to whom he leased his vessel.

If the owner of the vessel leased it to a merchant for a fee and will not be accountable for any expenses which the merchant will assume, a sailor is obligated to deport himself in the same manner as he would if the lessee was a patron of the vessel. The lessee will be actually considered a patron since he will pay the wages of the crew, pay the rental fee on the vessel, and assume other expenses. if the sailor had concluded an agreement to complete another round trip with the patron of the vessel, he shall, not be required to fulfill it.

This article was written because often many persons being merchants and people of high character enlist as sailors, and would not wish to serve aboard a vessel rented by some rich but rude person; and due to the fact that the patron of a vessel severed his relations with a sailor, similarly a sailor can sever his relations with the patron, since the patron leased his vessel for a fee. When a vessel is leased for a fee, all the members of the crew who had agreed to serve under the patron must now serve under the party who leased the vessel. ⁽¹²⁾

Should some object belonging to the vessel be lost during a storm and it cannot be recovered, the lessee of the vessel will be required to replace it, and must as far as it is possible, use whatever other equipment is available aboard the vessel. Should he buy food or any essential equipment needed aboard the vessel, he will be able to deduct that amount expended from the charter fee paid. The owner of the vessel is required to supply only what he had promised.

184-A Patron Who Promises to Carry More Cargo Than His Vessel Can Accommodate

A patron who promised the merchants to carry aboard a specified amount of cargo or a certain number of quintals of merchandise, and actually cannot fulfill such a promise, will have to provide the merchants with another vessel of the same or bigger capacity than his own vessel in order that they may be able to ship their cargo. If the [91] other vessel charges higher lading fees,he will have to reimburse the merchants for the difference. However, it will depend on the disposition of the merchants whether or not they will accept the other vessel, and in such a case the patron who had originally promised to carry their cargo shall reach some other understanding with them.

This article has been written because very often many patrons of vessels advertise that their vessel has a greater capacity than it actually has, exaggerating the size by a third or a fourth.

185-More of the Same

If during the negotiations over the transportation of cargo a patron of a vessel promised the merchants to carry more cargo, the merchants shall deduct from the amount agreed upon as lading charges for the entire cargo the lading charges for the cargo he cannot carry.

This article was written for the reasons detailed above.

186-Cargo Damages Aboard the Vessel

If a patron leased a vessel to the merchants for a fee or accepted cargo for shipment, charging them a specific amount per quintal of cargo, and shall store and transport this cargo on the deck of his vessel without the consent and approval of these merchants, and the cargo stored in this manner is lost or damaged, other merchants who are also shipping cargo aboard this vessel will not be required to pay for the damages suffered by the merchants to whom the lost or damaged cargo belonged, even if such a cargo had been entered in the ship's register. However, the patron of the vessel shall be required to reimburse the merchants who had suffered damage of their cargo or had lost it, to the full amount of its value.

If the patron is unable to do this, his vessel shall be sold to satisfy these claims, and neither the shareholders of the vessel nor loan makers nor anyone else shall lodge any opposition to this with the exception of the sailors who have the right to demand that their wages be paid first. If the proceeds from the sale of the vessel are insufficient to cover the claims, and the patron has other property, such part of this property shall be sold as will be sufficient to pay the damages of the merchants. The shareholders in the vessel are responsible to the degree of their investment in the vessel.

To continue: if a merchant to whom the cargo belongs told the patron and reached an agreement with him that the patron can store his cargo aboard wherever he wishes, just so he takes it aboard, and this was entered into the register or will be attested to by witnesses, but these witnesses should not have any financial interest in the [92] vessel, or be receiving any gain from this vessel (however, the ship's register will always constitute sufficient evidence), the patron who had taken the cargo aboard under these conditions is not responsible for such cargo and if this cargo is damaged or lost, the damages will have to be assumed by the owner of such cargo. Neither the patron nor the other merchants aboard the vessel will be required to pay any damages whatsoever to the merchant who had loaded his cargo aboard the vessel under such conditions. In addition, the merchant will be required to pay the patron the lading charges agreed upon reimburse him for all his expenses connected with this cargo.

This article was written in order to make certain that the patron should not store any cargo on the deck, with the exception of the equipment and tools needed for the proper care and maintenance of the vessel.
 

187-Merchandise Loaded Aboard Secretly and What Should Be Done With It if Necessity Requires That It Should Be Thrown Overboard

If a merchant or several merchants concluded an agreement with a patron either in writing or in the presence of witnesses or by making an entry into the ship's register to ship a certain amount of cargo -- for example, a thousand quintals in weight, for we can consider this matter in hundred as well as thousand quintals, or even more or less -- the patron of the vessel will be required to take aboard the amount mentioned in the agreement. If he cannot take aboard the amount agreed to, he shall be held accountable by the merchants with whom he concluded the agreement, in the manner discussed and established in one of the preceding articles. ⁽¹³⁾

If, however, merchants or a single merchant who had engaged the vessel to ship a thousand quintals of cargo shall load aboard the vessel one thousand five hundred or one thousand two hundred quintals, or more or less, without informing the patron about this and without making a change in their agreement or without entering this matter into the register, and the witnesses had only heard one thousand quintals of cargo mentioned, and the vessel meets with some misfortune, or it is necessary to throw some of the cargo overboard, and the patron of the vessel is able to show and prove that the merchants loaded aboard the vessel more cargo than was contracted for and entered in the register, and that the vessel was forced to throw the cargo overboard or that it experienced other damage due to the sneaky and fraudulent loading of the cargo, such merchant or merchants [93] shall be required to reimburse other merchants whose cargo was thrown overboard for the actual value of such cargo as well as other damages which the patron of the vessel suffered on their account.

If the cargo of the merchants who acted in such a bad manner as has been mentioned above is insufficient to compensate the owners of the cargo which had been thrown overboard and the damages suffered by the patron, if these merchants have other property, it shall be sold to compensate the former merchants whose cargo was thrown overboard, as well as the patron who suffered damages due to their deceit. Upon a deposition made by the merchants who suffered losses at the hands of those of whom we spoke above, as well as upon the deposition made by the patron of the vessel, a case of litigation shall be brought against them, as well as against the persons who cunningly and under pretense of friendship exposed some other person to the danger of losing his life.

If it should happen that there will be no need to throw the cargo overboard and the patron will also not suffer any damages, and at the time of unloading the vessel the patron discovered that the amount of cargo loaded aboard was in excess of the amount mentioned in the agreement, the patron shall determine whether such attempt at deceit should be turned over to the local court. If he decides to take this course of action, the cargo shall be divided in the following manner: The patron will take one-third of the cargo, and out of this share the shareholders in the vessel will get their share according to the amount of their investment in the vessel; one-third of the cargo will be taken by the court, and one-third of the cargo shall be set aside to be used for ransoming enslaved people, as an expression of the love of God.

If the patron of the vessel wishes to forgive the merchants to whom the cargo belonged, and does not surrender their cargo to the local court, it is within the power of the patron to demand from these merchants payment of the lading fees in the amount determined by him arbitrarily, as has been stated in one of the previous articles. ⁽¹⁴⁾

Therefore, every merchant should be very careful not to load aboard a vessel more cargo than he has contracted to ship, and thus avoid in this manner the risk of being exposed to the treatment discussed above.

188-Necessary Equipment and Repairs Aboard a Vessel Leased for a Fee

[94] A vessel leased by merchants for a fee should undertake the voyage as specified in the terms of the agreement. if it should happen that the vessel undertakes such a long voyage that there will have to be repairs made aboard or the equipment has to be replaced, because it is partly or completely worn out, the owner of the vessel will not be required to undertake the repairs or replace the equipment, because he had equipped the vessel properly and had it in a good state of repair when he leased it. He will, therefore, not be forced to do anything during the voyage of the vessel because he did not violate any of the promises made to the merchants who had leased the vessel.

If due to the lack of proper equipment or tools needed aboard the vessel the merchants want to purchase these necessities, they may do so, and after the conclusion of the voyage they shall be allowed to take the equipment bought by them and the patron cannot prevent them from doing this.

189-Failure to Return the Vessel Leased for a Fee on the Date Specified in the Agreement

If the merchants retain the vessel beyond the time they had agreed at the time they leased it for a fee, they shall be required to pay an additional amount for its rental. If they should want to undertake another journey, they shall again negotiate a new agreement with the patron of the vessel.

190-Lack of Proper Equipment Aboard the Vessel Contracted to Carry Cargo Per Hundred Weight

If a vessel was engaged to carry cargo on which charges were paid per hundred weight and it lacks proper equipment, such as mast or anchor or rudder, the patron of the vessel shall purchase the necessary items when he reaches a port where such equipment can be purchased at an average price, that is, that the patron is authorized to pay up to twice the price such equipment would cost in the country from which the journey was undertaken. If, however, he could not purchase these items at that price, that is, at twice the amount he would pay for it in his own country, he is not required to purchase these items. Should he buy such equipment and the price he paid is above the double value price in his own country, the merchants will be obligated to pay for the additional amount expended in proportion to the amount and value of their cargo aboard.

In a situation when, before the above mentioned purchases have [95] been made, it is necessary to cut the sailing-yard to make a rudder or rudder posts or some other necessary items out of wood due to the lack of this equipment aboard the vessel, the merchants will be required to pay for the sailing-yard, and the patron must buy a new one to replace it.

191-When a Vessel Cannot Undertake a Contracted Voyage Due to the Prohibition of Governmental Authorities

If in certain circumstances a vessel does not dare attempt a voyage due to the prohibition issued by the authorities of the location to which the vessel is bound, and the patron and the merchants learn they can enter a port in another territory, the sailors shall continue to serve aboard without getting an increase in wages, even if the distance to the new destination is over one hundred and fifty miles away from the port into which the vessel was denied entry. If, however, the vessel is paid an increase in the lading charges for this distance, the sailors shall receive an increase in their wages in the same proportion as the shipping charges were increased; if the charges were not increased, the sailors will not receive any increase in wages.

Further, if due to the mentioned prohibition the vessel is forced to put into some port and unload its cargo at some unexpected place, the wages of the crew will be increased in the same proportion as the increase of the shipping charges.

192-When a Vessel Due to the Restrictions Imposed by the Authorities Cannot Complete Cargoing and Is Forced to Sail to Another Location

When the merchants, after arranging with a vessel to pick up their cargo at some designated location, arrive there to pick up the cargo and there are met with some obstacles imposed by the local authorities which have forbidden shipment of certain goods out of the country, and if the merchants and the patron find another location where they may load such cargo, the patron, after reaching an understanding with the merchants, may proceed there, and no sailor can voice any opposition in this matter, as has been stated in the previous article. If the merchants do not raise the amount of the lading charges, the patron will not be required to raise the wages of the crew.

If, however, after reaching the location where they believed they could load on such cargo, they meet similar obstacles before the merchants complete their transactions and before the vessel [96] can be partly or fully loaded, and due to these restrictions the merchants are not able to export the cargo which they had purchased, or any other merchandise which they would like to buy, and the patron insists that they get their cargo in order to get the vessel under way, and also demands, although he knows that they cannot get the cargo aboard because of the mentioned obstacles, even though they had paid the shipping charges and paid other expenses, and if due to this insistence on the part of the patron the merchants consented to sail, the merchants shall not be obliged to pay him either part or all of the shipping charges, because it was not due to their fault, but to the obstacles issued by the authorities that this delay occurred; and no one can oppose or act contrary to the will of God and governmental authority.

If the crew demanded payment of their wages the patron will not be required to pay them since he himself was not paid for carrying the cargo; if it actually be true that the crew would suffer a great loss because of this, it is also true that the patron of the vessel suffers even a greater loss, because he used his vessel, his time, and has undergone many expenses. The merchants shall, however, refund to the patron half of the expenses incurred by him in the amount declared by him in a deposition under oath; the merchants shall pay half of this amount without any opposition whatsoever but they are not obligated to pay another cent above this amount mentioned above, unless they wish to give him a little more for all the troubles he has undergone.

To continue: If at the time the merchants engaged the vessel they were aware of the governmental restrictions mentioned above, but in spite of this and in the hope that they would be able to get permission to load on such cargo, if they made certain financial arrangements with these authorities, ⁽¹⁵⁾ they undertook this voyage, and after reaching their port of destination to take on such cargo they were not able to get the permission of the local authorities to export such cargo, the merchants will not be required to reimburse the master of the vessel for his expenses, nor to pay for his losses and damages, because the patron of the vessel as well as the merchants knew of the impediments which existed.

For this reason the merchants are not required to pay the patron any lading fees nor any losses and damages he has suffered. If, however, the merchants knew about these impediments before [97] they engaged the vessel and the master of the vessel did not know about them, and he is able to show and prove that the merchants knew about these restrictions at the time they engaged his vessel, they will be forced to pay the full agreed lading charges and all the expenses; the patron on the other hand will pay the crew its wages in the amount they would have been paid had they successfully completed the whole journey, because he had been paid the full lading fees as if he had carried a full cargo.

Further, regardless of the type of agreement the patron should reach with the merchants, it must be taken for granted that the crew will be fully considered in its terms.

Further, if, on the other hand, the patron of the vessel knew of existing impediments, previously mentioned, while the merchants did not know that any such impediments existed, and they can prove this, the patron will be required to repay them all their expenses and losses including the amount they would have made in selling such cargo, because he was well aware of these restrictions but failed to inform them of their existence.

In such a case the patron shall also pay the full wages of the crew, if the members of the crew did not know of these impediments before they made an agreement with the patron to serve aboard his vessel. If, however, the crew was aware of these restrictions, the patron shall not be required to pay their wages.

Everything that has been written above must be carried out without attempting any deceit or fraud.

1. Nails were hand made and so valuable they were often used in lieu of coins.

2. It was essential that the crew be paid with the species of predetermined value at the port of cargoing the vessel. Since there were many types of coins in circulation having different value in different locations, this practice was essential to guarantee the crew a just wage.

3. Refers to the wages used by the sailor in buying merchandise for speculation.

4. This refers to Article 247 which provides for hiring of sailors for a share of the profits which shall be made.

5. Reference here is made to a community of mariners and not a political division. Probably similar to the modern practice of a member of a labor union paying token dues to a local of which he is not a member, being employed for a time in a location controlled by that local union.

6. Actually reference is made to Article 145.

7. In modern terminology this soup would most probably be a form of stew, made out of mixed vegetables, meat, and flour, and eaten with a ration of bread.

8. Refers to vessels moored in port or offshore, and not to vessels on the high seas.

9. It appears that in addition to the register which was maintained aboard there was also a log or a roster roll which was kept into which all matters pertaining to the crew were written.

10. There is no further explanation made of this type of enlistment. It is not mentioned under what conditions such enlistments were made or how the distances traveled were measured.

11. To procure flour for the vessel.

12. This pertains to a single voyage. The crew need not continue to serve under his command after the port of destination has been reached.

13. Articles 184 and 185.

14. Article 87.

15. Generally refers to bribes which were often extorted from merchants by a variety of officials.