Capitulation

war, is the treaty which determines the conditions under which a fortified place is abandoned to the commanding officer of the army which besieges it. CAPTAIN or SEA CAPTAIN, mar. law. The name given to the master or commander of a vessel. There are captains in the navy of the United States, who are officers appointed by government, and those who are employed in the service of merchants. It is proposed to consider the duty of the latter. Towards the owner of the vessel he is bound by his personal attention and care, to take all necessary precautions for her safety, to proceed on the voyage in which such vessel may be engaged, and to obey faithfully his instructions, and by all means in his power to promote the interest of his owner. Towards others it is the policy of the law to hold him responsible for all losses or damages that may happen to the goods committed to his charge, whether it arise from negligence, ignorance, or wilful misconduct of himself or his mariners or any other on board the ship. As soon, therefore, as goods are put on board, they are in the master’s which they were shipped, and he is answerable for all losses or damages they may sustain, unless it proceed from an inherent defect in the article, or from some accident or misfortune whichcould not be prevented. It may be laid down as a general rule that the captain 1s responsible when any loss occurs in consequence of his doing what he ought not to do, or not doing what he ought to do, unless he was forced by the act of God, the enemies of the United States, or the perils of the sea.

1 Marsh. Ins. 241; Pard. n. 658.

The rights of the captain are to choose his crew as he is responsible for their acts, this seems but just, but @ reasonable deference to the rights of the owner require that he should be consulted, as he, as well as the captain, is responsible for the acts of the crew. On board the captain is invested with almost arbitrary power over the crew, being responsible for the abuse of his authority.

Abb. on Shipp. 162.

He may repair the ship, and, if he is not in funds to pay the expenses of such repairs, he may borrow money, when aboard, on the credit of his owners or of the ship.

Abb. on Sh. 127, 8.