Article 114p. 114

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

goods and implements which are rendered useless and

lost.

2. To take care that the cargo is well arranged, keeping

the vessel always ready for evolutions.

3. To preserve order, discipline, and good service among

the

crew,

requesting

the

necessary

orders

and

instructions of the captain, and quickly informing him of

any occurrence in which the intervention of his authority

may be necessary.

4. To assign to each sailor the work he is to do on board, in

accordance with the instructions received, and see that it

is exactly and carefully carried out.

5. To take charge by inventory of the rigging and all the

equipments of the vessel, if it should be laid up, unless

the agent has ordered otherwise.

With regard to engineers the following rules shall govern:

1. In order to be taken on board as a marine engineer

forming part of the complement of a merchant vessel it

shall be necessary to possess the qualifications which the

laws and regulations require, and not to be disqualified in

accordance therewith to hold said position. Engineers

shall be considered as officers of the vessel, but they shall

exercise no command nor intervention except that which

refers to the motive power.

2. When there are two or more engineers on one vessel,

one of them shall be the chief, and the other engineers

and all the personnel of the engines shall be under his

orders; he shall furthermore have the motive power

under his charge, as well as the spare pieces, instruments,

and

implements

belonging

thereto,

the

fuel,

the

lubricating material and, finally, all which comes under

the jurisdiction of an engineer on board a vessel.

3. He shall keep the engines and boilers in good condition

and in state of cleanliness, and shall order what may be

proper in order that they may always be ready for regular

use, being liable for the accidents or damages which may

arise by reason of his want of skill or negligence to the

motive apparatus, or to the vessel and cargo, without

prejudice to the criminal liability which may be proper if a

felony or misdemeanor is proven.

4. He shall make no change in the motive apparatus, nor

shall he repair the averages he may have noticed in the

same, nor change the normal speed of its movement

without the prior authority of the captain, to whom, if he

should object to their being made, he shall state the

reasons he may deem proper in the presence of the other

engineers or officers; and if, notwithstanding this, the

captain should insist on his objection, the chief engineer

shall make the proper protest, entering the same in the

engine book, and shall obey the captain, who shall be the

only one liable for the consequences of his order.

5. He shall inform the captain of any average which may

occur to the motive apparatus, and shall inform him

when it may be necessary to stop the engines for some

time,

or

when

any

other

incident

occurs

in

his

department of which the captain should be immediately

informed, frequently advising him furthermore of the

consumption of fuel and lubricating material.

6. He shall keep a book or registry called the "Engine

Book," in which there shall be entered all the data that

refer to the work of the engines, such as, for example, the

number of furnaces fired, the steam pressure in the

boilers and cylinders, the vacuum in the condenser, the

temperatures, the degree of saturation of the water, the

consumption of fuel and lubricating material, and under

the heading of "Noteworthy occurrences" the average

and

imperfections

which

occur in the engines and

boilers, the causes therefor, and the means employed to

repair the same. There shall also be stated, taking the

information from the binnacle book, and direction of the

wind, the rigging set, and the speed of the vessel.

ARTICLE 633. The second mate shall take command of

the vessel in case of the impossibility or disability of the

captain and sailing mate, assuming in such case their

powers and liability.

ARTICLE 634. The captain may make up his crew with the

number he may consider advisable, and in the absence of

Spanish * sailors he may ship foreigners residing in the

country, the number thereof not to exceed one-fifth of

the total crew. If in foreign ports the captain should not

find a sufficient number of Spanish * sailors, he may make

up the crew with foreigners, with the consent of the

consul or marine authorities.

The agreements which the captain may make with the

members of the crew and others who go to make up the

complement of the vessels, to which reference is made in

Article 612, must be reduced to writing in the account

book without the intervention of a notary public or clerk,

signed by the parties thereto, and vised by the marine

authority if they are executed in Spanish * territory, or by

the consuls or consular agents of Spain * if executed

abroad, stating therein all the obligations which each one

contracts and all the rights they acquire, said authorities

taking care that these obligations and rights are recorded

in a concise and clear manner, which will not give rise to

doubts or claims.

The captain shall take care to read to them the articles of

this Code, which concern them, stating that they were

read in the said document.

If the book includes the requisites prescribed in Article

612, and there should not appear any signs of alterations

in its clauses, it shall be admitted as evidence in questions

which may arise between the captain and the crew with

regard to the agreements contained therein and the

amounts paid on account of the same.

Every member of the crew may request a copy of the

captain, signed by the latter, of the agreement and of the

liquidation of his wages, as they appear in the book.

ARTICLE 635. A sailor who has been contracted to serve

on a vessel can not rescind his contract nor fail to comply

therewith except by reason of a legitimate impediment

which may have occurred.

Neither can he pass from the service of one vessel to

another without obtaining the written consent of the

vessel on which he may be.

If, without obtaining said permission, the sailor who has

signed for one vessel should sign for another one, the

second contract shall be void, and the captain may

choose between forcing him to fulfill the service to which

he first bound himself or look for a person to substitute

him at his expense.

Said sailor shall furthermore lose the wages earned on his

first contract to the benefit of the vessel for which he may

have signed.

A captain who, knowing that a sailor is in the service of

another vessel, should have made a new agreement with

him, without having requested the permission referred to

in the foregoing paragraphs, shall be personally liable to

the captain of the vessel to which the sailor first belonged

for that part of the indemnity, referred to in the third

paragraph of this article, which the sailor could not pay.

ARTICLE 636. Should a fixed period for which a sailor has

signed not be stated, he can not be discharged until the

end of the return voyage to the port where he enrolled.

ARTICLE 637. Neither can the captain discharge a sailor

during the time of his contract except for sufficient cause,

the following being considered as such:

1. The perpetration of a crime which disturbs order on the

vessel.

2.

Repeated

offenses

of

insubordination,

against

discipline, or against the fulfillment of the service.

3. Repeated incapacity or negligence in the fulfillment of

the service to be rendered.

4. Habitual drunkenness.

© Compiled by RGL

114 of 211