The master of a passenger-ship must remember that when he reaches his foreign port a British Consul can have a supervisory power over the vessel. The Passengers Act Amendment, 1855, Section 10, declares that the master of every ship, whether a passenger-ship' or otherwise, fitting or intended for the carriage of passengers, or which shall carry passengers upon any voyage contcmplated by the Act, must afford to Her Majesty's Consul at any foreign port or place at which the ship shall be or arrive, every facility for inspecting her, and for communicating with the passengers, and for ascertaining that the provisions of the Act, so far as the same may be applicable to the ship, have been duly complied with; and the master of any ship who shall omit or fail to comply with any of these requirements, shall be liable to a penalty not exceeding fifty pounds.

It may be that a master, other than one who is commanding what is known as a 'passenger-ship,' will take passengers.

Now, the grave responsibility of such master, to whose skill and conduct life and property are intrusted upon the ocean, and the situations of unforeseen emergency in which he may be compelled to exert himself for their preservation, render it necessary that he should be invested with large and, for the time at least, unfettered authority. Obedience to this authority in all matters within its scope is a duty which should be cheerfully discharged by every passenger on board the ship.

Whatever is necessary for the security of the vessel, the discipline of the crew, and the safety of all on board, the master may lawfully require, not only of the ship's company, who expressly contracted to obey him, but of those also whom he has engaged to carry to their destination on the implied condition of their submission to his rule.

The exercise of power thus undefined must, at his peril, be restricted to the necessity of the case; and on the

ground of such necessity, and within its limits, he may enforce and justify orders which would otherwise expose him to censure, civil responsibility, and punishment.*

Every person engaging passage is presumed to contract for all the conveniences and accommodations which are usually furnished on the voyage.

The master's relation to the passengers is one of peculiar delicacy. His contract with them is not for mere ship room and personal existence on board, but for reasonable food, comforts, necessaries, and kindness. In respect to females it proceeds yet further, and includes an implied stipulation against general obscenity, immodest conduct, and a wanton disregard of their feelings. And any violation of this implied stipulation, in any of its particulars, will be punished, no less than direct personal assaults.

A master may make and enforce such rules and regulations as are reasonable for convenience and safety.

A passenger may lawfully, as a general rule and where there are no peculiar circumstances to prevent, quit the ship. Where he voluntarily remains at the risk of his personal safety to assist her in her distress, he may be entitled to remuneration for his service.†

As to a test of good and sufficient provisions to a passenger, the point is whether he had really been a sufferer; for, as Lord Denman said, it is not because a man does not get so good a dinner as he might have had, that he is, therefore, to have a right of action against the captain who does not provide all that he ought; you' (addressing the jury) must be satisfied that there was a real grievance sustained by the plaintiff.”‡

The master may decide that a passenger who has threatened him with personal violence is not a fit person to remain at the table at which he presides.§

* Abbott on Shipping, 211.

† Abbott, 212.

Young v. Fewson, 8 Carrington and Payne's Reports, 56.

§ Prendergast v. Compton, 8 Carrington and Payne's Reports, 454.

General vessels, from being looked upon as common carriers, are liable for the safety of the baggage of a passenger, to the extent, however, only of such articles of necessity and personal convenience as are usually carried by passengers.

Passengers must behave themselves in a decorous and becoming manner to the master. If their conduct is vulgar, offensive, indecorous and unbecoming, or if any of them threaten the master, he may punish them in such manner as will best vindicate and insure his authority. But the exercise of this authority must be confined to the necessity of the case; and the orders of the master must be enforced and justified on the ground of such necessity and within its limits; for, otherwise, the master will expose himself to a claim for damages on the part of the passenger who has been ill-treated.*

A master has a lien on the luggage of a passenger for his passage money, but not on the clothes he is wearing when about to leave the ship.†

As to the duties and responsibilities of masters of passenger-ships on arriving at a port of the United States, see the third part of this work.

13. MEDICINES AND MEDICAL STORES.

The master, before starting on his voyage, must see that he has all necessary and proper medicines and medical stores on board. The Merchant Shipping Act, 1854, directs that the owner of every ship navigating between the United Kingdom and any place out of the same shall provide and cause to be constantly kept on board a supply of medicines and medical stores suitable to accidents and diseases arising on sea voyages, in accordance with a scale to be issued by the Board of Trade.

We here give such a scale as it has been so issued :

* Lee's Shipping, 178, referring to Prendergast v. Compton, 8 Carrington and Payne's Reports, 454, and Boyce v. Bayliffe, 1 Campbell's Reports, 58. Wolf v. Summers, 2 Campbell's Reports, 15.

Scale of Medicines and Medical Stores suitable to Accidents and Diseases arising on Sea Voyages, to be kept on board British merchant-ships navigating between the United Kingdom and any place out of the same, on and after the 1st day of January, 1856. Issued by the Board of Trade, in pursuance of 17 and 18 Vic., 104, Sec. 224.