Page:History of merchant shipping and ancient commerce (Volume 3).djvu/48



As in England, the owners have the right of removing a master, who is part owner of a vessel; but, if he is removed without good cause, and while at the same time specially engaged, they are liable to him for damages. Where, however, he has only a general engagement with a vessel, his relation to the owners is scarcely more than a mere agency, revocable at any time. On the other hand, the master cannot leave the ship in which he has contracted to sail without being himself answerable to the owners.

The authority of a master over his ship is in all essential particulars the same as that prescribed by British law. With regard to letting the ship, the same principles prevail on both sides of the Atlantic.

In general the owners are responsible for injuries committed by the master in that capacity, as in cases of collision, discharges of mariners, damages to cargo from want of ordinary care, and embezzlement. The master is answerable for all contracts made by him in connexion with the navigation of a ship, as also for all damages arising from his want of skill or care, and for repairs and supplies, except when furnished on the exclusive credit of the owner.

If the master of a ship is at the same time commander and consignee, he stands in the twofold relation of agent of the owner and consignor, and is invested with appropriate duties in both capacities. Inasmuch as the master and owner are in the eyes of the American law common carriers, it is the master's duty to see that his vessel is seaworthy and provided