By an act of Congress in 1790, the Statutes of Agreement was a document required of any ship sailing to a foreign port and for any ship of 50 tons or more bound to a national port, except one in a neighboring state. Fishermen who fished also had to sign vessel articles and were entitled to the same privileges and regulations as seafarers. The document contained the signatures of the master and each crew member (or his mark) and was considered a separate contract for each person signing. He provided legal evidence not only of the nature and duration of the trip, but also of the tasks to be performed and the salaries due. A copy of the objects certified by the collector was to be taken on board the ship by the master and, if necessary, presented to any consul or commercial agent with whom a complaint was filed. As each voyage required a new agreement (and were not recalled by customs), these documents are often found in maritime collections. They are among the most valuable and comprehensive sources of research and provide important information for a large number of marine animals. According to the MS Act of 1958, the master of every Indian ship, with the exception of a domestic merchant vessel of less than 200 GT, enters into an agreement with each seafarer he uses as a member of his crew, at sea and in transport. Ship articles (ship articles, more formally ship contract articles) are the documents that form the contract between seafarers and the master (master) of a ship. [1] [2] They include the name of the ship, the conditions of employment (including the size and assessments of the proposed supplement), the seafarers` compensation (shares or payments), the type(s) of voyage(s) and the duration[3], as well as the rules to be followed on board the ship and in port, including criminal offences and penalties.
[4] [5] [6] [7] Traditionally, every seafarer is required to sign articles and articles contain for each seafarer his assessment, the place and day of signature, and the place and date of marking of the ship. [8] [9] b. Once the first three original copies have been taken on board the ship, two original copies remain with the employer/employer representative. The original 4th and 5th copies would not have signatures made by the master or seafarers on board the ship. The 4th original copy is kept by the employer/employer representative. The last copy, i.e. the 5th original, will be transmitted by the employer/agent of the employer to the relevant ship master for registration of the agreement ashore in India at the employer`s office/agent of the employer no earlier than 48 hours after the signing of the agreement by the seafarers in India. The agreement must include the requirement for advances and allowances and other provisions that do not violate the law.
The master must provide a copy of the agreement to the crew members. Any modification of a crew contract is only valid if it is made with the consent of all parties concerned and must be certified by the skipper in India or by an Indian consular agent outside India. It is a representation of items on which seafarers, seafarers` relatives and the captain are supposed to agree: in addition to cash payments, seafarers on board ships traditionally received accommodation (berth), boarding (food and provisions), medical care (ship`s doctor)[13] and sometimes things like a laundry service or alcohol allowance. This, as often expressed in the ship`s articles as “a month and found”. [14] [15] The first articles on ships were not written because only a few were literate. [5] But in the eighteenth century, most sailors expected articles to be written, even if they did not know how to read themselves. After all, the legislation of the 1800s in many countries required that ship articles be written and freely accessible to all Fasimilar sailors. [5] [11] Section 10302 requires the master to enter into a shipping agreement with each crew member and lists the information that must be included in the agreement.
This crew list shows the typical age range and national origin of the crew members of American sailboats in the late nineteenth century. Note how many foreign crew members there are and half are unable to sign their own names. Also note that the person who filled out the form was a bit careless, as we are sure that not all crew members had dark complexions and black hair. The oldest crew member was 37 years old and the typical sailor`s salary was only $15 per month! I, hereinafter referred to as “the Navigator”, and Captain Scot McPherson, hereinafter referred to as Captain or “the Captain”, accept the following articles. Often a printed document that differs in size and format. Early examples had an average of about 16 ” x 20 ” – but in the 1860s, 23 ” x 18 ” was a common size. On the front of the document were the terms agreed between the managers of a ship and the crew. Below was a column for crew members` signatures, in addition to columns for data such as service, place of birth, age, height, salary, hospital allowance, discharge time, etc. The number and labels of these columns varied from document to document. “United States of America” is often prominently printed on the obverse, and engraved ships, eagles, etc. are often found on both sides of the items. After 1790, the back frequently featured printed summaries of all current federal laws on the protection of seafarers and the conduct of officers and crew at sea.
There was also a place where the crew could sign at the end of the trip to receive their salary. Customs or consular stamps and seals were also present. Articles from ships developed as part of the Lex mercatoria. Early merchant ships were often collaborative efforts in which the crew or certain members contributed to the initial cost of the ship, cargo and operations; and payment was made in shares at the end of the trip. Thus, all members of a team were considered participants in the company, even if they were only contributing to the work. [10] This has been widely recognized under the legal concept of “community of common hands” (total hand in German, comunidad in mano in Spanish). In the seventeenth and eighteenth centuries, the ship articles of buccaneers and pirates developed into an authority independent of the laws of each nation. Although there was no uniformity between these articles, there were common themes that became known as the “Pirate Code” or “Jamaican discipline”. [12] Ship items are considered part of the “ship documents” that constitute the legal environment on board a ship. [7] They are necessary for the settlement of disputes between seafarers and their masters, as well as between seafarers and owners of ships and cargoes. [6] [7] They are submitted to port authorities and foreign consular officials to determine the good faith of a ship. [7] 1993 – Subsection (a).
Hrsg. L. 103–206, § 401 Abs. 1, geändert untersek. (a) general. Before the change, Subsec. (a) as follows: “Before the master of a ship to which this Chapter applies, he shall conclude a written agreement with each seafarer of the crew on the articles of the ship.” The original is about 21″ wide and 24″ long, so it`s a big piece of paper! We also have a charter for our seafarers, but the sections are worded more clearly than referring to existing laws that govern the treatment, equitable remuneration and regulated responsibilities of professional and licensed seafarers. (*) – The dismissal of the program implies that your person and property will be removed from the ship in the nearest port, your parents will be informed of your release and where you can make arrangements to pick you up (we will not abandon you, we will stay while we wait for your parents or until you have been taken care of by organized transport or authorities if necessary); where applicable (for example, but not limited to, sexual assault), the authorities will be informed of the offence that led to your release; all SA uniforms, insignia and memorabilia are confiscated; The education and expense account expires in full; All benefits such as certifications and sea service time as well as directories and alumni membership and benefits expire. .