THE

LAWS OF WISBUY.

ARTICLE I.

WHATEVER mariner, whether pilot, mate,

or sailor, binds or hires himself to a master, if he afterwards leaves him, he shall refund what wages he has received; and besides that, pay half as much as the master had promised him for the whole voyage. And if a mariner has hired himself to two several masters, the first that hired him may claim him, and force him to serve him. Nevertheless he shall not be obliged to pay him any wages at all for the whole voyage, unless he does it of his own good will.

Mariners negform their

lecting to per

contract.

ART. II.

Every pilot, mate or mariner that does not understand his business, shall be obliged to repay to the master whatever wages he had advanced him, and be besides bound to pay half as much more as he had promised him.

ART. III.

any

A master may turn off a mariner without lawful cause given, before he sets sail, paying him

Mariners dismissed by the

master.

MARINERS.

Art. VI.

half what he had promised him for the voyage. After he has set sail, and is gone out of his port, that master who turns off a mariner without lawful cause given, is obliged to pay him all his wages, as much as if he had performed the voyage."

Mariners absenting themselves.

Wages of mariners for unloading.

Master and

mariners ex

ART. IV.

No mariner shall lie or stay a night ashore without the master's leave, on pain of forfeiting two deniers, nor shall he unmoor the ship's boat in the night, under the same penalty.*

ART. V.

The mariners shall have three deniers a last for loading, and three for unloading, which is to be reckoned only as their wages for guindage or hoisting.t

ART. VI.

It is not lawful to arrest or imprison the master,

empted from pilot or mariners of a ship in an action of debt,

arrest.

a Laws of Oleron, art. 12, 13, 20. b Ibid, art. 5.

→ By deniers here are understood, those of which twenty-four make an ounce of silver. The double deniers are now called carolus's or grand blancs, by the French and other nations.

†These duties are never fixed on account of the dearness of provisions, and the value of money, which changes and increases daily. The rate of * guindage or reguindage, is commonly in France five sols a last. Which is two sols six deniers tournois a tun.

* Hoisting up and down, or loading and unloading.

SHIPS.

when they are ready to sail; but the creditor may seize and sell any thing he finds in the ship that belongs to his debtor, 1. i, de Naviculariis, lib. iv, cod.

Art. X.

ART. VII.

A ship being freighted for all the summer, the Ship freightseason shall end on the feast of St. Martin, or the

eleventh of November.

ed for the

summer.

ART. VIII.

Whoever shall make use of another man's light- Lighters. er, without his leave, shall pay the owner four sols a day, unless it was in a case of necessity, as of fire or the like.

ART. IX.

witnesses.

If any one has occasion to have a debt witness- Mariners ed, he need not carry strangers aboard; but may make use of the people in the ship. The same he may do in all acts where witnesses are necessary, lib. x. cod.

ART. X.

It is not lawful to sell or mortgage a vessel let out to freight; but it is lawful to freight it or underlet it to others for the same time, and the same voyage.*

a Ord. Lewis XIV, L. ii, tit. 1, art. xiv.

* The words of this article are, de le fretter ou sous-louer a d'autres pour le même temps, et pour méme voyage: which we think we have rendered right, notwithstanding the difficulty there seems to be in the sense, or the equity of this law.

Vessel on freight not to

be sold or mortgaged.

Art. XIV.

CHANGE OF VOYAGE MASTS LOST-MASTER.

Change in the voyage of a freighted ship.

ART. XI.

If a ship that was freighted for a voyage is sent upon another longer than that, or upon several voyages; if there is no protestation or dissent entered against it, the freighter shall pay but half the damages that may happen to the ship in such longer

voyage or voyages.

Masts and sails lost.

ART. XII.

If a mast, sail or any other tackling is unfortunately lost when the ship is under sail, or otherwise, the loss shall not be brought into an average. But if the master is obliged to cut his mast by the board, or spoil any of his tackling for the preservation of the ship, the bottom and the cargo shall make good the damage by an average.

Master cannot sell the

ship, but may pledge her

cables, &c. for necessaries.

ART. XIII.

The master shall not sell the ship, nor any part of her tackling, without the consent of the owners;

but if he wants victuals he may pawn his cables and cordage: always observing to have the advice of the mariners.b

Master not to sail without the consent of the mariners.

ART. XIV.

The master being in port, ought not to depart and

a Laws of Oleron, art. ix.

b See art. x.-and Laws of Oleron, art. i.

MARINERS GOODS SAVED FROM WRECK.

set sail without the advice and consent of the major Art. XVII. part of the mariners; if he does, and there happens any loss, he is bound to make satisfaction."

ART. XV.

but not

The mariners are obliged to the utmost of their power to save and preserve the merchandize, and for doing it, ought to be paid their wages, otherwise. It is not lawful for the master to sell the ship's cordage, without the consent of the owners or factors: but he is bound to preserve all, as much as in him lies, on pain of making satisfaction.b

Mariners to selves to preserve goods.

exert them

ART. XVI.

Goods saved

from wreck, freight to be

The mariners are obliged to save as much as they can, and the merchants may take away their goods, paying the freight or satisfying the master; paid pro rata. otherwise the said master may fit out his ship if he can do it in a little time, in order to accomplish his voyage; if he cannot do it he may relade the merchandize upon other vessels, bound for the port to which he was to carry them, paying freight for them.

ART. XVII.

Mariners the ship with

may not leave

The mariners shall not go out of the ship without leave of the master, on pain of paying the damage that may happen in their absence, unless it is when the ship lies ashore moored with four master.

a Laws of Oleron, art. ii. b Ibid. art. iii.

out the consent of the