and place of sale, and proceeding in all respects as a pledgee.1 1 Evans v. Root, 7 N. Y., 186. Blot v. Boiceau, 3 N. Y., 78; Marfield v. Goodhue, id., 62; Bell v. Palmer, 6 Cow., 128. 'Marfield v. Goodhue, 3 N. Y., 62. The exception does credit. S1047. A factor may sell property consigned to Sales on him on such credit as is usual, but, having once agreed with the purchaser upon the term of credit, may not extend it.2 11 Story Cont., § 150; Van Allen v. Vanderpoel, 6 Johns., 2 Douglass v. Bernard, Anth. N. P., 278. S1048. A factor, who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds.2 'Sherwood v. Stone, 14 N. Y., 267; Wolff v. Koppel, 5 Hill, 358; affirmed 2 Den., 368; Hastie v. Couturier, Heubach v. Mollmann, 2 Duer, 227; Leverich v. Meigs, 1 Cow., 645. S1049. A factor who receives property for sale under a general agreement or usage to guaranty the sales, or the remittance of the proceeds, cannot relieve himself from responsibility therefor without the consent of his principal. Heubach v. Mollmann, 2 Duer, 227. Liability of guaranty factor under commis. sion. Factor canhimself not relieve from lia bility. ARTICLE IV. Appoint ment of master. When must be on board. Pilotage. Power of master over SHIPMASTERS. SECTION 1050. Appointment of master. 1052. Pilotage. 1053. Power of master over seamen. 1054. Power of master over passengers. 1055. Impressing private stores. 1056. When may abandon the ship. 1057. Duties on abandonment. 1058. When master cannot trade on his own account. 1059. Care and diligence. 1060. Authority of master. S1050. The master of a ship is appointed by the owner, and holds during his pleasure. 3 Kent Com., 161; Ward v. Ruckman, 34 Barb., 419. The French Code de Commerce, Art. 219, provides that if a master who is dismissed is one of the owners of the ship, he may renounce his interest to the others and require from them the payment of the value thereof. It would probably be just to establish some such provision in favor of a master dismissed without good cause. S1051. The master of a ship is bound to be always on board when entering or leaving a port, harbor or river. Code de Com., art. 227. S1052. On entering or leaving a port, harbor or river, the master of a ship must take a pilot if one offers himself, and while the pilot is on board, the navigation of the ship devolves on him. Regulations respecting pilots of this state are contained in the POLITICAL CODE. $1053. The master of a ship may enforce the seamen. obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment, not prohibited by acts of congress, being responsible for the abuse of his power, Power of master over S 1054. The master of a ship may confine any person on board, during a voyage, for willful diso- passengers. bedience to his lawful commands. private stores. S 1055. If, during a voyage, the ship's supplies fail, Impressing the master, with the advice of the officers, may compel persons who have private supplies on board to surrender them for the common want, on payment of their value or giving security therefor. Code de Com., art. 249. abandon the S1056. The master of a ship must not abandon it when may during the voyage, without the advice of the other ship. officers. S1057. The master of a ship, upon abandoning it, must carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability. Code de Com., art. 241. S1058. The master of a ship, who engages for a common profit on the cargo, must not trade on his own account, and if he does, he must account to his employer for all profits thus made by him. Code de Com., art. 239, 240, modified to conform to the law of partnership. Duties on ment. abandon When master can. not trade on his own account. S1059. The master of a ship must use great care Care and and diligence in the performance of his duties, and is responsible for all damage occasioned by his negligence, however slight. Code de Com., art. 221. of master. S1060. The authority and liability of the master Authority of a ship, as an agent for the owners of the ship and cargo, are regulated by the Title on AGENCY. 41 ARTICLE V. Mate, what. Seamen, what. Mate and seamen how en gaged and MATES AND SEAMEN. SECTION 1061. Mate, what. 1062. Seamen, what. 1063. Mate and seamen, how engaged and discharged. 1064 Unseaworthy vessel. 1065. Seamen not to lose wages or lien by agreement. 1066. Special agreement with seamen, 1067. Wages depend on freightage. 1068. When wages, &c., begin. 1069. Wages, where voyage is broken up before departure. 1070. Wrongful discharge. 1071. Wages when not lost by wreck. 1072. Certificate. 1073. Disabled seamen. 1074. Maintenance of seamen during sickness. 1075. Death on the voyage. 1076. Theft, &c., forfeits wages. 1079. Law governing seamen. S1061. The mate of a ship is the officer next in rank to the master, and in case of the master's disability he must take his place. By so doing, he does not lose any of his rights as mate. 2 Metc., 445. § 1062. All persons employed in the navigation of a ship, or upon a voyage, other than the master and mate, are to be deemed seamen within the provisions of this Code. See The Prince George, 3 Hagg. Adm., 376; The Jane & S1063. The mate and seamen of a ship are engaged by the master, and may be discharged by him at any discharged. period of the voyage, for willful and persistent disobedience or gross disqualification, but cannot otherwise be discharged before the termination of the voyage. 3 Kent Com., 176. worthy S1064. A mate or seaman is not bound to go to sea Unseain a ship that is not seaworthy; and if there is reason- vessel. able doubt of its seaworthiness, he may refuse to proceed until a proper survey has been had. United States v. Givings, Sprague, 75; The Hibernia, S1065. A seaman cannot, by reason of any agreement, be deprived of his lien upon the ship, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any stipulation by which he consents to abandon his right to wages in case of the loss of the ship, or to abandon any right he may have or obtain in the nature of salvage, is void. From 13 & 14 Vict., c. 93, § 53. any agreement with seamen. S1066. No special agreement entered into by a Special seaman can impair any of his rights, or add to of his obligations, as defined by law, unless he fully understands the effect of the agreement, and receives a fair compensation therefor. The Highlander, Sprague, 510; Brown v. Lull, 2 Sumn., 45. pend on S1067. Except as hereinafter provided, the wages Wages deof seamen are due when, and so far only as, freight- freightage. age is earned,' unless the loss of freightage is owing to the fault of the owner or master.2 1 Van Beuren v. Wilson, 9 Cow., 158; Icard v. Goold, 11 v. Tomhagen, 3 Johns., 154; see Worth v. Mumford, Hoyt v. Wildfire, 3 Johns., 518; Sullivan v. Morgan, 11 wages, &c., § 1068. The right of a mate or seaman to wages When and provisions begins either from the time he begins begin. work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens. 13 & 14 Vict., c. 93, § 56. |