Q10. What are the powers and duties of the master of the ship during voyage?
Am: POWER AND DUTIES OF MASTER OF THE SHIP
The master of the ship is generally called the captain of the ship. He is at the same time the agent of the ship owner as well as of the shipper (owner of the goods). So his powers and duties can be discussed under these two headings.
1. As an agent of the ship owner
2. As agent of the shipper
1. AS A GENT OF THE SHIP OWNER
The powers and duties of the master of the ship as an agent of the ship owner are as under.
(i) REPAIR OF THE SHIP
The master of the ship can get ship repaired during necessity or emergency, as a man of ordinary prudence would do under the similar circumstances.
(ii) ISSUANCE OF BILL OF LADING
The master of the ship can issue the bill of lading with his own signature when the goods are carried in general ship.
(iii) CARE OF GOODS
The master of the ship as an agent of the ship owner has to take reasonable care of the goods carried in the ship during voyage as the owner the goods takes under the similar circumstances.
(iv) RECEIPT OF LOAN
When the master of the ship needs money for necessary purpose he can raise it by hypothecation of ship if he cannot communicate with the owner of the ship.
(v) DEVIATION FROM ORDINARY ROUTE
The master of the ship empowered to deviate the ship from its ordinary route when it is necessary for the safety of the ship as well as the goods.
(vi) TRANSFER OF GOODS
If the ship cannot proceed on the voyage the master of the ship is empowered to transfer the whole goods to another ship or steamer for the safe arrival of the goods on its destination.
(vii) SALVAGE AGREEMENT
The salvage agreement is an agreement to save ship or cargo from any loss against reward ‘used to it during voyage. The master of the ship is empowered to enter into such agreement with any person when it is necessary.
2. AS AN AGENT OF THE SHIPPER
The masters of the ship as an agent of the cargo owner is empowered to sell the goods throw them over board or pledge them for advances of money under following circumstances.
1. If the action is imperative.
2. If it is impossible to have communication with the ship owner or the cargo owner.
3. Where the communication has been made but their instructions have been received and it is unsafe to wait anymore.
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