Article 111p. 111

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

ARTICLE 607. If the captain who is a part owner should

have obtained the command of the vessel by virtue of a

special

agreement

contained

in

the

articles

of

co-partnership, he can not be deprived thereof except for

the reasons mentioned in Article 605.

ARTICLE 608. In case of the voluntary sale of the vessel, all

contracts between the agent and captain shall terminate,

the right to proper indemnity being reserved in favor of

the captain, according to the agreements made with the

agent.

They vessel sold shall remain subject to the security of the

payment of said indemnity if, after the action against the

vendor has been instituted, the latter should be insolvent.

SECTION II Captains and Masters of Vessels

ARTICLE 609. Captains and masters of vessels must be

Spaniards * having legal capacity to bind themselves in

accordance with this Code, and must prove that they

have the skill, capacity, and qualifications required to

command and direct the vessel, as established by marine

laws, ordinances, or regulations, or by those of navigation,

and that they are not disqualified according to the same

for the discharge of the duties of that position. t

If the owner of a vessel desires to be the captain thereof

and does not have the legal qualifications therefor, he

shall limit himself to the financial administration of the

vessel, and shall intrust her navigation to a person

possessing the qualifications required by said ordinances

and regulations.

ARTICLE 610. The following powers are inherent in the

position of captain or master of a vessel:

1. To appoint or make contracts with the crew in the

absence of the agent and propose said crew, should said

agent be present; but the agent shall not be permitted to

employ

any

member

against

the

captain's

express

refusal.

2. To command the crew and direct the vessel to the port

of its destination, in accordance with the instructions he

may have received from the agent.

3. To impose, in accordance with the agreements and the

laws and regulations of the merchants marine, on board

the vessel, correctional punishment upon those who do

not comply with his orders or who conduct themselves

against discipline, holding a preliminary investigation on

the crimes committed on board the vessel on the high

seas, which shall be turned over to the authorities, who

are to take cognizance thereof, at the first port touched.

4. To make contracts for the charter of the vessel in the

absence of the agent or of her consignee, acting in

accordance with the instructions received and protecting

the interests of the owner most carefully.

5. To adopt all the measures which may be necessary to

keep the vessel well supplied and equipped, purchasing

for the purpose all that may be necessary, provided there

is no time to request instructions of the agent.

6. To make, in similar urgent cases and on a voyage, the

repairs to the hull and engines of the vessel and to her

rigging and equipment which are absolutely necessary in

order for her to be able to continue and conclude her

voyage; but if she should arrive at a point where there is a

consignee of the vessel, he shall act in concurrence with

the latter.

ARTICLE 611. In order to comply with the obligations

mentioned in the foregoing article, the captain, when he

has no funds and does not expect to receive any from the

agent, shall procure the same in the successive order

stated below:

1.

By

requesting

said

funds

of

the

consignees

or

correspondents of a vessel.

2. By applying to the consignees of the cargo or to the

persons interested therein.

3. By drawing on the agent.

4. By borrowing the amount required by means of a

bottomry bond.

5. By selling a sufficient amount of the cargo to cover the

amount absolutely necessary to repair the vessel, and to

equip her to pursue the voyage.

In the two latter cases he must apply to the judicial

authority of the port, if in Spain * and to the Spanish *

consul, if in a foreign country; and where there should be

none, to the local authority, proceeding in accordance

with

the

prescriptions

of

Article 583, and with the

provisions of the law of civil procedure.

ARTICLE 612. The following obligations are inherent in the

office of captain:

1. To have on board before starting on a voyage a detailed

inventory of the hull, engines, rigging, tackle, stores, and

other equipments of the vessel; the navigation certificate;

the roll of the persons who make up the crew of the

vessel, and the contracts entered into with the crew; the

list of passengers; the health certificate; the certificate of

the registry proving the ownership of the vessel, and all

the obligations which encumber the same up to that

date; the charters or authenticated copies thereof; the

invoices or manifest of the cargo, and the instrument of

the expert visit or inspection, should it have been made at

the port of departure.

2. To have a copy of this Code on board.

3. To have three folioed and stamped books, placing at

the beginning of each one a note of the number of folios

it contains, signed by the maritime official, and in his

absence by the competent authority.

In the first book, which shall be called "log book," he shall

enter every day the condition of the atmosphere, the

prevailing winds, the course sailed, the rigging carried,

the horsepower of the engines, the distance covered, the

maneuvers executed, and other incidents of navigation.

He shall also enter the damage suffered by the vessel in

her hull, engines, rigging, and tackle, no matter what is its

cause, as well as the imperfections and averages of the

cargo, and the effects and consequence of the jettison,

should there be any; and in cases of grave resolutions

which require the advice or a meeting of the officers of

the vessel, or even of the passengers and crew, he shall

record

the

decision

adopted.

For

the

informations

indicated he shall make use of the binnacle book, and of

the steam or engine book kept by the engineer.

In the second book, called the "accounting book," he shall

enter all the amounts collected and paid for the account

of the vessel, entering specifically article by article, the

sources of the collection, and the amounts invested in

provisions, repairs, acquisition of rigging or goods, fuel,

outfits,

wages,

and

all

other

expenses.

He

shall

furthermore enter therein a list of all the members of the

crew, stating their domiciles, their wages and salaries,

and the amounts they may have received on account,

either directly or by delivery to their families.

In the third book, called "freight book," he shall record the

entry and exit of all the goods, stating their marks and

packages, names of the shippers and of the consignees,

ports of loading and unloading, and the freight earned. In

the same book he shall record the names and places of

sailing of the passengers and the number of packages of

which their baggage consists, and the price of the

passage.

4. To make, before receiving the freight, with the officers

of the crew, and the two experts, if required by the

shippers and passengers, an examination of the vessel, in

order to ascertain whether she is watertight, and whether

the rigging and engines are in good condition; and if she

has

the

equipment

required

for

good

navigation,

preserving a certificate of the memorandum of this

inspection, signed by all the persons who may have taken

part therein, under their liability.

The experts shall be appointed one by the captain of the

vessel and the other one by the persons who request the

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