Page images
PDF
EPUB

half freight, the expense of stowing and unstowing, and any other loss caused to the other shippers.

B. Bk. II., 87, F. 291, G. 581, 582, 590, H. 473, I. 564, N. 47, Sw. 91 diff. E. 111 diff., Macl. 418.

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 ir 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.

B. Bk. II., 76, G. 615, 616, H. 485, 487, R, 1035, Sw. 109. E. 103.
News. 76, M. and P. 359, 382-387, Macl. 434.

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 quarter of the contents remain. B. Bk. II., 77, F. 310, G. 617, H. 497, 1. 581, N. 67 diff., P. 562, Sw. 110 diff.

E. 131.

M. and P. 378, Macl. 438.

(4.) of the Total or Partial Rescission of a Charter-Party. 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 A charter-party may be rescinded on the demand of the shipper :(1.)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 righit 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 into a port in the course of the

voyage for necessary repairs, and the shippers prefer

to dispose of the goods there. When 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 rata itineris peracta. B. Bk. II., 73, 74, 91, 94, F. 288-290, 299, 296, G. 581, H. 467, 459, 478, I. 562, 564, 570, N. 42, 46, P. 542 (5), 553, R. 1017, Sw.76, 87,93. E, 106, 109. News. 79, M. and P. 322.

689. A charter-party may be rescinded on the demand of the person letting the ship :(1.) 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 of the

charter-party at the time the sale was agreed on. B. Bk. II., 75, F. 288, G. 577, 586, H. 464, 467, I. 564, N. 46. M. and P. 322.

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. B. Bk. II., 90, 84, F. 276, 300, G. 631, H. 499, 500, I. 551, N. 51, P. 547, Sw. 118. E. 94. News. 74, M. and P. 324, Macl. 544, Macl. 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. 96, 119. News. 74, M. and P. 324, 223, Macl. 516.

E. 95,

692. If in the course of the voyage a declaration of war, closing of ports, or interdict on trade should happen, and the vessel puts into a port as arranged by the shipper for such an eventuality, the charter-party is partially rescinded, and, unless otherwise agreed, the captain has no right to more than the outward freight.

B. Bk. II., 92, F. 299, G. 631, 636, I. 553, 572, P. 548, 549, Sw, 119. E. 97. News. 74, M. and P. 363, 325.

E. 136.

(5.)

Of Passengers by Sea. 693. If the amount of passage money is not agreed upon, it will be summarily fixed by the Judge of the Court, on the advice of experts. H. 521. E. 134.

694. If the passenger does not go on board at the time fixed, or leaves the vessel without permission from the captain when the vessel is ready to sail, the captain may go on the voyage and demand the full passage money.

B. Bk. II., 127, G. 667, H. 522, I. 583, P. 564.

695. The right to a passage, if given by name, cannot be transferred without the consent of the captain or agent.

B. Bk. II., 120, G. 665, H. 523.

696. If, before the commencement of the voyage, the passenger dies, his legal representatives are not liable for more than half the passage money.

If provisions are included in the price of the passage, the Judge or Court after consulting experts, if thought fit, will decree the amount that ought to be credited to the ship.

If another passenger is taken in place of the deceased, nothing is due from the personal representatives. B. Bk. II., 128, G. 668, H. 524, I. 583, P. 564 (1), Sw. 122. E. 137.

697. If, before the commencement of the voyage, there is a delay caused exclusively by the fault of the captain or owner, passengers have a right to a return of the passage

E. 135:

money, and to be reimbursed for all losses and damages, but if the delay is caused by accident, force majeure, or any other reason independent of the captain or owner, the passengers are only entitled to the return of the passage money.

B. Bk. II., 129, 130, I. 583, P. 564 (2). E. 137.
M. and P. 693, Macl. 305.

698. Where the voyage is interrupted after its commencement, passengers only pay passage money in proportion to the distance accomplished, and have no right to be reimbursed for losses and damages, if the interruption is caused by accident or force majeure, but have a right to compensation if the interruption is exclusively caused by the captain. If the interruption arises from the unseaworthy condition of the ship, and the passenger chooses to wait till it is made seaworthy, no extra passage money can be charged, but the maintenance of the passenger will be at his own expense during the delay. In case of the sailing of the vessel being delayed, passengers are entitled to remain on board and be maintaned at the expense of the vessel, unless the delay is owing to an accident or force majeure. If the delay exceeds ten days, passengers have a right to be repaid their passage money, if they wish it, and if it arises entirely from the fault of the captain or owner, they may besides claim to be reimbursed for losses and damages.

A ship which carries passengers only, must take them direct to their port or ports, whatever be their numbers, calling at the ports mentioned in the statement of the voyage.

B. Bk. II., 132, 133, 126, G. 672, H. 525, I. 584-586, P. 565, 567, 568, 569, 572, Sw. 123. E. 139. News. 36. 18 & 19 Vict., C, 119, $ 56. Macl. 308, 307.

699. Where the contract is rescinded either before or after the commencement of the voyage, the captain has

« PreviousContinue »