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III.—-FOREIGN MARITIME LAWS: III. SPAIN.
CODE OF COMMERCE. BOOK III.
SECTION I. (continued).
ART. 679. A charterer of a whole ship may sub-charter wholly or partially for the periods that he pleases, and the captain cannot refuse to accept the cargo tendered by the sub-charterers, provided always that the terms of the origiiial charter are observed, and that the whole chartered freight is paid to the person letting the ship, even if the ship is not fully laden, having regard, however, to the
680. A charterer who does not load the whole of the cargo that he has contracted to ship, will pay freight on what he ought to have loaded, unless the captain has taken other goods to complete the cargo, in which case the
difference in freight, if any, will be carried to the charterer's account.
News. 73, 75, M. and P. 298, Morris v. Levison, I C.P.D. 155, Macl. 348. 681. If a shipper loads goods that are of a different description from those he declared at the time of entering into the charter-party, without the knowledge of the person letting the ship or the captain, and in consequence thereof the person letting the ship or other shippers are prejudiced by confiscation, embargo, detention, or other cause, the person
causing the loss is liable to make complete compensation
out of his cargo and other property to all who have sustained damage.
682. If the goods are shipped for the purposes of an illicit trade, and are put on board with the knowledge of the person letting the ship or the captain, these latter will be, jointly with the owner of the goods, responsible for all loss which may arise from such shipment to other shippers, and, even if they have so agreed, they cannot demand from the
shipper (of the illegal goods) any compensation for loss that the ship sustains.
B. Bk. II., 88.
M. and P. I34.
683. If the vessel puts in to a port in distress, for repairs to the hull, machinery, or apparel of the ship, the shippers must wait till the vessel is repaired, but they may discharge the cargo at their own expense if they think fit.
If the shippers, a Court of Law, a Consul, or a proper authority in a foreign country, think fit to have a cargo liable to deterioration discharged for its own benefit, the expenses of discharging and loading will be at the expense of the shippers.
684. If a shipper, when notice of the circumstances referred to in the preceding article has occurred, seeks to discharge his goods before their arrival at their port of destination, he will pay the full freight, the expenses of putting into port at his request, and the damages and losses, if any, occasioned to other shippers.
B. Bk. II., 89, F. 293, G. 583, I. 567, N. 49, P. 554. E. 112.
685. In a general ship, any one of the shippers may unload his goods before the voyage is commenced, and pay
mm. half freight, the expense of stowing and unstowing, and
686. Upon the discharge and delivery of the cargo to the consignee, he must at once pay the captain the agreed freight, and all other charges for which the said cargo is liable.
The gratuity to the captain (hat-money) must be paid it the same proportion and at the same time as the freight, taking into account, in regulating its amount, all alterations
and reductions to which it is subject.
687. Charterers and shippers may not abandon goods which are damaged by their inherent vice or accident for the payment of freight and other charges.
They may, however, if the shipment consists of liquids which have leaked, abandon them, if no more than a
688. A charter-party may be rescinded on the demand of
the shipper :—
(1.) If he abandons the adventure before loading the cargo, on payment of half freight.
(2.) If the capacity of the vessel does not conform with that stated in the certificate of registry, or if there is a mistake as to the national flag under which she sails.
(3.) If the vessel is not put at the disposal of the charterer at the time and place agreed.
(4.) If the vessel, after putting to sea, puts back to her port of sailing from danger of pirates, enemies, or adverse winds, and the shippers agree to discharge her.
In (2) and (3) the person letting the ship -must indemnify the charterer for all loss he may sustain.
In (4) the person letting the ship retains his right to the whole freight for the outward voyage.
If the freight is payable by the month, the charterer will pay one full month if the voyage was to a port in the same sea, and two if to one in another sea.
From one port to another of the Peninsula and adjacent islands only half a month will be payable.
(5.) If' the ship 'puts in-to a port in the course of the voyage for necessary repairs, and the shippers prefer to dispose of the goods there.
VVhen the delay does not exceed thirty days, the shippers will pay the full outward freight.
If the' delay exceeds 30 days, they will only pay freight pro ram itineris pemcta.
689. A charter-party may be rescinded on the demand of
the person letting the ship :
(I.) If the shipper at the end of the demurrage days has no cargo on the quay.
In this case the charterer must pay half freight, as well as for the lay days and days on demurrage.
(2.) If the shipowner sells the ship before the charterer has commenced to load, and the purchaser loads on his own account.
In this case the shipowner will indemnify the charterer for losses he may sustain.
If the purchaser does not load on his own account the charter-party holds good, and the vendor indemnifies the purchaser if he did not give him notice ofthe
690. A charter-party is annulled, and all actions arising out of it are extinguished, if before the vessel sails from her port of departure any of the following events happen :—
(I.) A declaration of war or interdict on trade with the State to whose ports the vessel is bound.
(2.) A blockade of the port to which the vessel is bound, or an outbreak of plague subsequent to the contract.
(3.) A prohibition against the reception at such port of the goods of which the ship’.s cargo consists.
(4.) A detention for an undefined period, in consequence of an embargo put on the ship by order of the Government, or for other reason independent of the will of the shipowner.
(5.) The unseaworthiness of the vessel, when no blame attaches to the captain or shipowner. The discharge will be at the expense of the shipper.
News. 74, M. and P. 324, Macl. 544, Mac]. 560, 443.
691. If the ship cannot put to sea in consequence of the port of departure being closed, or for any other temporary cause, the charter-party remains in force without either party having a right to claim damages.
The provisions and wages of the crew will be considered as General Average.
During the detention, the shipper may unload and re-load the cargo at his own expense as convenient, paying demurrage, however, if the reloading occasions delay after the
cause of detention has ceased.
B. Bk. II., 84, 103, F. 277, 300, G. 639, H. 505, I. 552, Sw. 121. E. 95,