2.
The sea is public and common to all people, and every person has an
equal right to navigate it, or to fish there; Ang. on Tide Wat. 44 to
49; Dane's Abr. c. 68, a. 3, 4; Inst. 2, 1, 1; and to land upon the sea,
shore. (q. v.)
3.
Every nation has jurisdiction to the distance of a cannon shot, (q, v.)
or marine league, over the water adjacent to its shore. 2 Cranch, 187,
234; 1 Circuit Rep. 62; Bynk. Qu. Pub. Juris. 61; 1 Azuni Mar. Law, 204;
Id. 185; Vattel, 207:
SEA LETTER OR SEA BRIEF, maritime
law. A document which should be found on board of every neutral ship;
it specifies the nature and quantity of the cargo, the place from whence
it comes, and its destination. Chit. Law of Nat. 197; 1 John. 192.
SEA SHORE, property.
That space of land, on the border of the sea, which is alternately
covered and left dry, by the rising and falling of the tide or, in other
words, that space of land between high and low water mark. Hargr, Tr.
12; 6 Mass. 435, 439; 1 Pick. 180, 182; 5 Day, 22.
2. Generally, the sea shore belongs to the public. Angell on Tide Wat. 34, 5; 3 Kent's Com. 347.
3.
By the Roman law, the shore included the land as far as the greatest
wave extended in winter; est autem littus, maris, quatenus hibernus,
fluctus maximus excurrit. Inst. lib. 2, t. 1, s. 3. Littus publicum est
eatenus qua maxime fluctus exaestuat. Dig., lib, 50, t. 16, s. 112.
4.
The Civil Code of Louisiana seems to have followed the law of the
Insti-tutes and the Digest, for it enacts, art. 442, that the "sea shore
is that space, of land over which the waters of the sea are spread in
the highest water, during the winter season." Vide. 5 Rob. Adm. R. 182;
Dougl. 425; 1 Halst. R. 1; 2 Roll. Ab. 170; Dyer, 326; 5 Co. 107; Bac.
Ab., Courts of Admiralty,, A; 1 Am. Law Mag. 76; 16 Pet. R. 234, 367
Ang. on Tide Waters, Index, tit. Shore; 2 Bligh's N, S. 146; 5 M. &
W. 327 Merl. Quest. de Droit, mots Rivage de la Mer; Inst. 2, 1, 2; 22
Maine, R. 350. For the law of Mass. vide Dane's Ab. c. 68, a 3, 4.
SEA WEED. A species of grass which grows in the sea.
2.
When cast upon land, it belongs to the owner of the land adjoining the
sea shore; upon the grounds, that it increases gradually, that it is
useful as manure and a protection to the ground, and that it is some
compensation for the encroachments of the sea upon the land. 2 John. R.
313, 323. Vide 5 Verm. R. 223.
3.
The French differs from our law in this respect, as sea weeds there,
when cast on the beach, belong to the first occupant. Dall. Dict.
Propriete, art. 3, §2, n. 128.
SEA WORTHINESS, mer.
law. The ability of a ship or other vessel to make a sea voyage with
probable safety: there is, in every insurance, whether on ship or goods,
an implied warranty that the ship shall be worthy when she sails on the
voyage insured; that is, that she shall be "tight, staunch, and strong,
properly manned, provided with all necessary stores, and in all
respects fit for the intended voyage." Marsh. Ins. 153 2 Phil. Ev. 60 10
Johns. R. 58.
2. The following rules have been established in regard, to the warranty of sea-worthiness.
3.
- 1. That it is of no consequence whether the insured was aware of the
condition of the ship, or not. His innocence or ignorance is no answer
to the fact that the ship was not sea-worthy.
4.
- 2. - The opinion of carpenters who have repaired the vessel, however
they may strengthen the presumption that the ship is sea-worthy, when it
is favorable, is not conclusive of the fact of sea-worthiness. 4 Dow's
Rep. 269.
5.
- 3. The presumption, prima facie, is for sea-worthiness. 1 Dow's R.
336; And it is presumed that a vessel continues sea-worthy, if she was
so at the inception of the risk. 20 Pick. 389. See 1 Brev. 252.
6.
- 4. Any sort of disrepair left in the ship, by which she, or the cargo
may suffer, is a breach of the warranty of sea-worthiness.
7.
- 5. A deficiency of force in the crew, or of skill in the master,
mate, &c., is a want of sea-worthiness. 1 Campb. 1; 14 East, R. 481.
But if there was once a sufficient crew, their temporary absence will
not be considered a breach of the warranty. 2 Barn. & Ald. 73; 1
John. Cas. 184; 1 Pet. 183.
8. - 6. A vessel may be rendered not sea-worthy by being overloaded. 2 Barn. & Ald . 320.
9.
- 7. When the sea-worthiness arises from justifiable ignorance of the
cause of the defect, and is discovered and remedied before any injury
occurs, it is not to be considered as a defect. Ib. See, generally, 2
John. 124, 129; 3 John. Cas. 76; 1 John. 241; 1 Caines, 217 3 S. &
R. 25 1 Whart. 399.
10.
By an act of congress, approved July 20, 1840, as amended, by the act
of July 29, 1850, it is provided, that if the first officer, (or a
second and third officer,) and a majority of the crew of any vessel,
shall make complaint in writing that she is in an unsuitable condition
to go to sea, because she is leaky, or insufficiently supplied with
sails, rigging, anchors, or any other equipment, or that the crew is
insufficient to man her, or that her provisions, stores, and supplies
are not, or have not been, during the voyage, sufficient and wholesome,
thereupon, in any of these or like cases, the consul or commercial agent
who may discharge any duties of a consul shall appoint two
disinterested, competent, practical men, acquainted with maritime
affairs, to examine into the causes of complaint, who shall, in their
report, state what defects and deficiencies, if any they find to be well
founded, as well as what, in their judgment ought to be done, to put
the vessel in order for the continuance of her voyage.
SEAMAN. A
sailor; a mariner; one whose business is navigation. 2 Boulay Paty, Dr.
Com. 232; Code de Commerce art. 262; Laws of Oleron, art. 7; Laws of
Wishuy, art. 19. The term seamen, in it most enlarged sense, includes
the captain a well as other persons of the crew; in a more confined
signification, it extends only to the common sailors; 3 Pardes. n. 667;
the mate; 1 Pet. Adm. Dee. 246; the cook and steward; 2 Id. 268; are
considered, as to their rights to sue in the admiralty, as common
seamen; and persons employed on board of steamboats and lighters,
engaged in trade or commerce, on tide water, are within the admiralty
jurisdiction, while those employed in ferry boats are not. Gilp. R. 203,
532. Persons who do not contribute their aid in navigating the vessel
or to its preservation in the course of their occupation, as musicians,
are not to be considered as seamen with a right to sue in the admiralty
for their wages. Gilp. R. 516, See 1 Bell's Com. 509, 5th ed.; 2 Rob.
Adm. R. 232; Dunl. Adm. Pr. h . t.
2.
Seamen are employed either in merchant vessels for private service, or
in public vessels for the service of the United States.
3.
- 1. Seamen in the merchant vessels are required to enter into a
contract in writing commonly called shipping articles. (q. v.) This
contract being entered into, they are bound under. severe penalties, to
render themselves on board the vessel according to the agreement: they
are not at liberty to leave the ship without the consent of the captain
or commanding officer, and for such absence, when less than forty-eight
hours, they forfeit three day's wages for every day of absence; and when
the absence is more than forty-eight hours, at one time, they forfeit
all the wages due to them, and all their goods and chattels which were
on board the vessel, or in any store where they may have been lodged at
the time of their desertion, to the use of the owners of the vessel, and
they are liable for damages for hiring other hands. They may be
imprisoned for desertion until the ship is ready to bail.
4.
On board, a seaman is bound to do his duty to the utmost of his
ability; and when his services are required for extraordinary exertions,
either in consequence of the death of other seamen, Or on account of
unforeseen perils, he is not entitled to an increase of wages, although
it may have been promised to him. 2 Campb. 317; Peake's N. P. Rep. 72; 1
T. R. 73. For disobedience of orders he may be imprisoned or punished
with stripes, but the correction (q. v.) must be reasonable; 4 Mason,
508; Bee, 161; 2 Day, 294; 1 Wash. C. C. R. 316; and, for just cause,
may be put ashore in a foreign country. 1 Pet. Adm. R. 186; 2 Ibid. 268;
2 East, Rep. 145. By act of Congress, September 28, 1850, Minot's Stat.
at Large, U. S. p. 515, it is provided, that flogging in the navy and
on board vessels of commerce, be, and the same is hereby abolished from
and after the passage of this act.
5.
Seamen are entitled to their wages, of which one-third is due at every
port at which the vessel shall unlade and deliver her cargo, before the
voyage be ended; and at the end of the voyage an easy and speedy remedy
is given them to recover all unpaid wages. When taken sick a seaman is
entitled to medical advice and aid at the expense of the ship: such
expense being considered in, the nature of additional wages, and as
constituting a just remuneration for his labor and services. Gilp. 435,
447; 2 Mason, 541; 2 Mass. R. 541.
6.
The right of seamen to wages is founded not in the shipping articles,
but in the services performed; Bee, 395; and to recover such wages the
seaman has a triple remedy, against the vessel, the owner, and the
master. Gilp. 592; Bee, 254.
7.
When destitute in foreign ports, American consuls and commercial agents
are required to provide for them, and for their passages to some port
of the United States, in a reasonable manner, at the expense of the
United States; and American vessels are bound to take such seamen on
board at the request of the consul, but not exceeding two men for every
hundred tons of the ship, and transport them to the United States, on
such terms, not exceeding ten dollars for each person, as may be agreed
on. Vide, generally, Story's Laws U. S. Index, h. t.; 3 Kent, Com, 136
to 156; Marsh. Ins. 90; Poth. Mar. Contr. translated by Cushing, Index,
h. t.; 2 Bro. Civ. and Adm. Law, 155.
8. - 2. Seamen in the public service are governed by particular laws.
SEAMEN'S FUND. By
the act of July 16, 1798, a provision is made for raising a fund for
the relief of disabled and sick seamen: the master of every vessel
arriving from a foreign port into the United States is required to pay
to the collector of customs at the rate of twenty cents per month for
every seaman employed on board of his vessel, which sum he may, retain
out of the wages of such seaman: vessels engaged in the coasting trade,
and boats, rafts or flats navigating the Mississippi, with intention to
proceed to New Orleans, are also laid under similar obligations. The
fund thus raised is to be employed by the president of the United States
as circumstances shall require, for the benefit and convenience of sick
and disabled American seamen. Act of March 3, 1802, s. 1.
2.
By the act of congress, passed February 28, 1803, c. 62, 2 Story's L.
U. S. 884, it is provided, that when a seaman is discharged in a foreign
country with his own consent, or when the ship is sold there, he shall,
in addition to his usual wages, be paid three months' wages into the
hands of the American consul, two-thirds of which are to be paid to such
seaman, on his engagement on board any vessel to return home, and the
remaining one-third is retained in aid of a fund for the relief of
distressed American seamen in foreign ports. See 11 John. R. 66; 12
John. Rep. 143; 1 Mason, R. 45; 4 Mason, R. 541; Edw. Adm. R. 239.
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