Mates and Seamen in California

California’s Harbors and Navigation Code, in Division 4, Chapter 3, deals with mates and seamen. Section 860 provides that the mate is the officer next in rank to the master and, in case of the master’s disability the mate becomes the master.

Section 861 explains that all persons employed in the navigation of a vessel, or upon a voyage, other than the master and mate, are seamen within the provisions of this code.

Section 862 states that the mate and seamen of a vessel are engaged by the master, and may be discharged by him at any period of the voyage for wilful and persistent disobedience or gross disqualification, but they cannot be discharged for other reasons before the termination of the voyage.

Section 863 says that a mate or seaman is not bound to go to sea in a vessel that is not seaworthy. If there is reasonable doubt of its seaworthiness, he or she may refuse to proceed until a proper survey has been had.

Section 864 specifies that a seaman cannot by agreement be deprived of his lien upon the vessel, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any agreement, by which he consents to abandon his right to wages in case of the loss of the vessel, or to abandon any right he may have or may obtain in the nature of salvage is void.

Section 865 prohibits a seaman, by special agreement, from impairing any of his rights, or adding to any of his obligations, unless he fully understands the effect of the agreement and receives for it a fair compensation.

Section 866 specifies that the wages of seamen are due when freightage is earned, unless the loss of freightage is due to the fault of the owner or master.

Section 867 provides the right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens.

Section 868 explains that, if a voyage is broken up before departure of the vessel, the seamen are to be paid for the time they have served, and they may retain for their indemnity any advances they may have received.

Section 869 says that, when a mate or seaman is wrongfully discharged, or is driven to leave the vessel by the cruelty of the master on the voyage, it is then ended with respect to him, and he may recover his full wages.

Section 870 specifies that, if a vessel is wrecked or lost, a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the vessel, cargo, and stores.

Section 871 states that a certificate from the master or chief surviving officer of a vessel, to the effect that a seaman exerted himself to the utmost to save the vessel, cargo, and stores, is presumptive evidence of the fact.

Section 872 provides that, when a mate or seaman is prevented from rendering service by illness or injury, incurred without his fault in the discharge of his duty on the voyage, or by being wrongfully discharged, or by a capture of the vessel, he is entitled to wages notwithstanding. In case of a capture, a ratable deduction for salvage is to be made.

Section 873 says that, if a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, is borne by the vessel till the close of the voyage.

Section 874 explains that, if a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage.

Section 875 provides that a mate or seaman who deserts his vessel without cause, or who is justifiably discharged by the master during the voyage for misconduct, or for a theft of any part of the cargo or appurtenances of the vessel, or for a wilful injury thereto or to the vessel, forfeits all wages due for the voyage.

Section 876 provides that a mate or seaman may not, under any pretext, ship goods on his own account without permission from the master.