Article 112p. 112

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

examination, and in case of disagreement a third shall be

appointed by the marine authority of the port.

5. To remain constantly on board the vessel with the crew

during the time the freight is taken on board and

carefully watch the stowage thereof; not to consent to

any merchandise or goods of a dangerous character to be

taken on, such as inflammable or explosive substances,

without the precautions which are recommended for

their packing, management and isolation; not to permit

that any freight be carried on deck which by reason of its

disposition, volume, or weight makes the work of the

sailors difficult, and which might endanger the safety of

the vessel; and if, on account of the nature of the

merchandise, the special character of the shipment, and

principally the favorable season it takes place, he allows

merchandise to be carried on deck, he must hear the

opinion of the officers of the vessel, and have the consent

of the shippers and of the agent.

6. To demand a pilot at the expense of the vessel

whenever required by navigation, and principally when a

port, canal, or river, or a roadstead or anchoring place is to

be entered with which neither he, the officers nor the

crew are acquainted.

7. To be on deck at the time of sighting land and to take

command

on

entering

and

leaving

ports,

canals,

roadsteads, and rivers, unless there is a pilot on board

discharging his duties. He shall not spend the night away

from the vessel except for serious causes or by reason of

official business.

8. To present himself, when making a port in distress, to

the maritime authority if in Spain * and to the Spanish *

consul if in a foreign country, before twenty-four hours

have elapsed, and make a statement of the name,

registry, and port of departure of the vessel, of its cargo,

and reason of arrival, which declaration shall be vised by

the authority or by the consul if after examining the same

it is found to be acceptable, giving the captain the proper

certificate in order to show his arrival under stress and

the reasons therefor. In the absence of marine officials or

of the consul, the declaration must be made before the

local authority.

9. To take the steps necessary before the competent

authority in order to enter in the certificate of the

Commercial Registry of the vessel the obligations which

he may contract in accordance with Article 583.

10. To put in a safe place and keep all the papers and

belongings of any members of the crew who might die

on the vessel, drawing up a detailed inventory, in the

presence

of

passengers

as

witnesses,

and,

in

their

absence, of members of the crew.

11. To conduct himself according to the rules and precepts

contained in the instructions of the agent, being liable for

all that he may do in violation thereof.

12. To give an account to the agent from the port where

the vessel arrives, of the reason thereof, taking advantage

of the semaphore, telegraph, mail, etc., according to the

cases; notify him the freight he may have received,

stating the name and domicile of the shippers, freight

earned, and amounts borrowed on bottomry bond, advise

him of his departure, and give him any information and

data which may be of interest.

13. To observe the rules on the situation of lights and

evolutions to prevent collisions.

14. To remain on board in case of danger to the vessel,

until all hope to save her is lost, and before abandoning

her to hear the officers of the crew, abiding by the

decision of the majority; and if he should have to take a

boat he shall take with him, before anything else, the

books and papers, and then the articles of most value,

being obliged to prove in case of the loss of the books

and papers that he did all he could to save them.

15. In case of wreck he shall make the proper protest in

due form at the first port reached, before the competent

authority or the Spanish * consul, within twenty-four

hours, stating therein all the incidents of the wreck, in

accordance with case 8 of this article.

16. To comply with the obligations imposed by the laws

and rules of navigation, customs, health, and others.

ARTICLE 613. A captain who navigates for freight in

common or on shares can not make any transaction for

his exclusive account, and should he do so the profit shall

belong to the other persons in interest, and the losses

shall be for his own exclusive account.

ARTICLE 614. A captain who, having made an agreement

to make a voyage, should not fulfill his obligation, without

being prevented by an accident case or by force majeure ,

shall pay for all the losses his action may cause, without

prejudice to criminal penalties which may be proper.

ARTICLE 615. Without the consent of the agent, the

captain can not have himself substituted by another

person; and should he do so, besides being liable for all

the acts of the substitute and bound to the indemnities

mentioned in the foregoing article, the substitute as well

as the captain may be discharged by the agent.

ARTICLE 616. If the provisions and fuel of the vessel are

consumed before arriving at the port of destination, the

captain shall decide, with the consent of the officers of

the same, to make the nearest port to get a supply of

either; but if there are persons on board who have

provisions of their own he may force them to turn said

provisions over for the common consumption of all

persons on board, paying the price thereof immediately,

or at the latest, at the first port reached.

ARTICLE 617. The captain can not contract loans on

respondentia , and should he do so the contracts shall be

void.

Neither can he borrow money on bottomry for his own

transactions, except on the portion of the vessel he owns,

provided no money has been previously borrowed on the

whole vessel, and provided there does not exist any other

kind of lien or obligation thereon. When he is permitted

to do so, he must necessarily state what interest he has in

the vessel.

In case of violation of this article the principal, interest,

and costs shall be charged to the private account of the

captain, and the agent may furthermore have the right to

discharge him.

ARTICLE 618. The captain shall be civilly liable to the

agent, and the latter to the third persons who may have

made contracts with the former —

1. For all the damages suffered by the vessel and his cargo

by reason of want of skill or negligence on his part. If a

misdemeanor or crime has been committed he shall be

liable in accordance with the Penal Code .

2. For all the thefts committed by the crew, reserving his

right of action against the guilty parties.

3. For the losses, fines, and confiscations imposed an

account

of violation of the laws and regulations of

customs, police, health, and navigation.

4. For the losses and damages caused by mutinies on

board the vessel, or by reason of faults committed by the

crew in the service and defense of the same, if he does

not prove that he made full use of his authority to prevent

or avoid them.

5. For those arising by reason of an undue use of powers

and non-fulfillment of the obligations which are his in

accordance with Articles 610 and 612.

6. For those arising by reason of his going out of his

course or taking a course which he should not have taken

without sufficient cause, in the opinion of the officers of

the

vessel,

at

a

meeting

with

the

shippers

or

supercargoes who may be on board.

No exception whatsoever shall exempt him from this

obligation.

© Compiled by RGL

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