learly and definitely the nature of the
intended voyage, the port at which it is to end and its duration.
Indefinite articles, leaving to the option of the master whether the
voyage shall be long or to one or more foreign ports, or short to
nearby domestic ports, are void. The articles must also state the
amount of wages each seaman is to receive. Articles are void that fix
a forfeiture of wages in excess of the amount named in the statute, or
restrict the time in which seamen must sue for their wages. The
contract may be dissolved by cruel treatment by the master and by an
abandonment of the vessel without the master's consent, but not by the
death, disability, removal or resignation of the master and the
substitution of another. Besides the wages a seaman may recover,
should the master break the contract, are his expenses in returning to
the port of shipment including also general damages.
Claims for wages are "highly favored in admiralty courts," and
discharges are not justified for trivial causes, nor for a single
offense unless it is an aggravated one. Such causes are continued
disobedience or insubordination, rebellious conduct, gross dishonesty,
embezzlement or theft, habitual drunkenness, habitually stirring up
quarrels, or by his own fault rendering himself incapable of
performing duty. The master must receive back a seaman when he has
thus been discharged who repents and offers to return to his duty and
make satisfaction, unless the offense was of an aggravated character.
This is the general rule, though from its nature there is much room
for its application.
=Statute of Frauds.=--Some contracts must be in writing to comply with
a statute called the Statute of Frauds, which has been enacted with
variations in all the states. One of the most important sections
relates to the conveyance of real estate. This requires that the
agreement for its sale must be in writing. (See _Agreement for Sale of
Land_.)
Another section relates to the sale of goods, wares and merchandise.
This has not been enacted in every state. If the amount is above that
mentioned in the statute, thirty to one hundred dollars, there must be
a written contract or delivery and acceptance of the goods to
constitute a contract. If A sells a bill of goods to B, who declines
to receive them, and the contract is wholly verbal, he can shield
himself behind this statute wherever it prevails. Many questions
therefore arise, what is a delivery an
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