Article 113p. 113

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

7. For those arising by reason of his voluntarily entering a

port other than his destination, with the exception of the

cases or without the formalities referred to in Article 612.

8. For those arising by reason of the non-observance of

the provisions contained in the regulations for lights and

evolutions for the purpose of preventing collisions.

ARTICLE 619. The captain shall be liable for the cargo from

the time it is turned over to him at the dock, or afloat

alongside the ship, at the port of loading until he delivers

it on the shores or on the discharging wharf, of the port of

unloading unless the contrary has been expressly agreed

upon.

ARTICLE 620. The captain shall not be liable for the

damages caused to the vessel or to the cargo by reason

of force majeure ; but he shall always be so — no

agreement to the contrary being valid — for those

arising through his own fault.

Neither shall he be personally liable for the obligations he

may have contracted for the repair, equipment, and

provisioning of the vessel, which shall be incurred by the

agent, unless the former has expressly bound himself

personally or signed a draft or promissory note in his

name.

ARTICLE 621. A captain who borrows money on bottomry,

or who pledges or sells merchandise or provisions in

other cases and without the formalities prescribed in this

Code, shall be liable for the principle, interest, and costs,

and shall indemnify for the damages he may cause.

The captain who commits fraud in his accounts shall

reimburse the amount defrauded, and shall be subject to

the provisions contained in the Penal Code .

ARTICLE 622. If when on a voyage the captain should

receive news of the appearance of privateers or men of

war against his flag, he shall be obliged to make the

nearest neutral port, inform his agent or shippers, and

await an occasion to sail under convoy or until the danger

is over or to receive final orders from the agent or

shippers.

ARTICLE 623. If he should find himself being attacked by

a privateer and after having done all that was possible to

avoid the encounter and have resisted the delivery of the

equipment of the vessel or of its cargo, they should be

forcibly taken away from him, or he should be obliged to

deliver them, he shall make an entry in his freight book

and shall prove the fact before the competent authority

at the first port he touches.

After the force majeure has been proven, he shall be

exempted from liability.

ARTICLE 624. A captain whose vessel has gone through a

hurricane or who believes that the cargo has suffered

damages or averages, shall make a protest thereon

before the competent authority at the first port he

touches within the twenty-four hours following his arrival,

and shall ratify it within the same period when he arrives

at the place of his destination, immediately preceding

with the proof of the facts, it not being permitted to open

the hatches until this has been done.

The captain shall proceed in the same manner if, the

vessel having been wrecked, he is saved alone or with

part of his crew, in which case he shall appear before the

nearest authority, and make a sworn statement of the

facts.

The authority or the consul abroad shall verify the said

facts, receiving a sworn statement of the members of the

crew and passengers who may have been saved, and

taking the other steps which may assist in arriving at the

facts,

drafting

a

certificate

of

the

result

of

the

proceedings in the log book and in that of the sailing

mate,

and

shall

deliver

the

original

records

of the

proceedings to the captain, stamped and folioed, with a

memorandum of the folios, which he must rubricate, for

their presentation to the judge or court of the port of

destination.

The statement of the captain shall be believed if it is in

accordance with those of the crew and passengers; if they

disagree, the latter shall be accepted, unless there is proof

to the contrary.

ARTICLE 625. The captain, under his personal liability, as

soon as he arrives at the port of destination, obtains the

necessary

permission

from

the health and customs

officers and fulfills the other formalities required by the

regulations of the administration, shall turn over the

cargo, without any defalcation, to the consignees, and, in

a proper case, the vessel, rigging, and freights to the

agent.

If, by reason of the absence of the consignee or on

account of the nonappearance of a legal holder of the

invoices, the captain does not know to whom he is to

make the legal delivery of the cargo, he shall place it at

the disposal of the proper judge or court or authority, in

order that he may decide with regard to its deposit,

preservation, and custody.

SECTION III Officers and Crews of Vessels

ARTICLE 626. In order to be a sailing mate it shall be

necessary:

1. To have the conditions required by the marine or

navigation laws or regulations.

2. Not to be disqualified in accordance therewith for the

discharge of the position.

ARTICLE 627. The sailing mate, as the second chief of the

vessel and unless the agent orders otherwise, shall take

the place of the captain in cases of absence, sickness, or

death, and shall then assume all his powers, obligations,

and responsibilities.

ARTICLE 628. The sailing mate must supply himself with

charts of the waters which are to be navigated, with the

maps and quadrants or sextants which are in use and

which are necessary for the discharge of his duties, being

liable for the accidents which may arise by reason of his

fault in this matter.

ARTICLE

629.

The

sailing mate shall personally and

specially keep a book folioed and stamped on all its

pages, called the "binnacle book", with a memorandum

at the beginning stating the number of folios it contains,

signed

by the competent authority, and shall enter

therein

daily

the distance and course travelled, the

variations of the needle, the leeway, the direction and

force of the wind, the condition of the atmosphere and of

the sea, the rigging set, the latitude and longitude

observed,

the

number

of

furnaces fired, the steam

pressure, the number of revolutions, and under the name

of "incidents" the revolutions made, the meetings with

other vessels, and all the particulars and accidents which

may occur during the voyage.

ARTICLE 630. In order to change the course and to take

the one most convenient for a good voyage of the vessel,

the sailing mate shall come to an agreement with the

captain. If the latter should object, the sailing mate shall

make the remarks he may consider necessary in the

presence of the other officers of the vessel. If the captain

should still insist on his objection, the sailing mate shall

make the proper protest, signed by him and by another

one of the officers in the log book, and shall obey the

captain,

who

shall

be

the

only

one

liable

for

the

consequences of his order.

ARTICLE 631. The sailing mate shall be liable for all the

damages suffered by the vessel and cargo by reason of

his negligence or want of skill, without prejudice to the

criminal

liability

which

may

arise,

if

a

felony

or

misdemeanor were committed.

ARTICLE 632. It shall be the duty of the second mate:

1. To watch over the preservation of the hull, and rigging

of the vessel, and to take charge of the tackle and

equipment which make up her outfit, suggesting to the

captain the repairs necessary and the replacement of the

© Compiled by RGL

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