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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and the vessel puts into a port as arranged by the shipper for such an eventuality, the charter-party is partially rescinded, and, unless otherwise agreed, the captain has no right to
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., I27, G. 667, H. 522, I. 583, P. 564. E. 136. 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. E. 135.
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.
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 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.
News. 36. 18 & 19 Vict., c. 119, § 56. Macl. 308, 307.
699. Where the contract is rescinded either before or after the comrnencernent of the voyage, the captain l\=\S a right to recover for whatever he has supplied to the
passengers. H.527. 700. In everything relating to the preservation of order and discipline on board, passengers must, without any ex
ception, submit to the arrangements made by the captain. B. Bk. II., I23, G. 666, H. 528. E. 133. News. 34, M. and P. 694, Mac]. 312.
701. The captain is not obliged or allowed, for the convenience or business of passengers, to touch at or enter ports which cause the vessel to deviate from her voyage, nor to stop longer in those at which he has to call than is necessary for the business of the voyage.
H. 529. E. 148.
702. Unless otherwise agreed, the maintenance of passengers during the voyage is deemed to be included in the passage-money, but if they victual themselves, the captain is bound in case of necessity to supply them with needful provisions at a reasonable price.
B. Bk. II., 1z1, H. 530 diff., I. 588, P. 573. E. I42 diff.
703. A passenger will be considered as a shipper in respect to the effects he brings on board, and the captain will not be responsible for those which he keeps in his own custody and control, unless they sustain damage from the act of the
704. The captain, in order to secure payment of the passage-money and maintenance may retain the effects of the passenger, and in case of their being sold, will be preferred to other creditors, treating the case similarly to that
of the collection of freight.
B. Bk. II., 124, G. 675, H. 533, Sw. 125. E. 147.
705. If a passenger dies in the course of the voyage, the captain is authorised to take what steps may be necessary with regard to the corpse, and must carefully guard the papers and effects on board belonging to the passenger, following the rules laid down in IO of Art. 612, with
regard to members of the crew. B. Bk. II., 125, G. 676, H. 531. E. 146.
706. The captain and shipper of goods in a vessel are bound to draw up a Bill of Lading in which -are stated :—
(1.) The name, port of registry, and tonnage of the ship.
(2.) The name and domicile of the captain.
(3.) The ports of loading and discharge.
(4.) The name of the shipper.
(5.) The name of the consignee, if the Bill of Lading be
to a special person.
(6.) The quantity, quality, and number of parcels, and the
marks on the goods. l i
(7.) The freight and gratuity to captain agreed on.
A Bill of Lading may be to bearer or order, or to a person named, and must be signed within twenty-four hours of the receipt of the cargo on board the ship, failing which the shipper may demand the redelivery of the cargo at the captain’s expense, and in all cases the damages and losses occasioned.
707. The original Bill of Lading must be fourfold (i.e., there must be four identical specimens of it), and the captain and shipper must sign them all. The shipper keeps one and forwards another to the consignee. The captain holds two, one for himself and one for the shipowner,
There may be as many copies of the Bill of Lading as parties concerned think necessary, but when they are to “order” or “bearer” the destination must be stated in all the copies, whether the four above-mentioned or the later ones, pointing out whether it is for the ship's husband, captain, shipper, or consignee; if the copy intended for the last-mentioned person is in duplicate, it is necessary to mention that fact on the duplicate, and also to state that
the duplicate will not be valid except in default of the original.
708. A Bill of Lading “ to bearer,” sent to the consignee, will be transferable by simple delivery of the document, and, if “to order," by endorsement.
In both cases the transferee of the Bill of Lading acquires all rights and actions of the former holder or
endorser over all goods to which it refers.
709. A Bill of Lading drawn up as here directed will be conclusive as between all parties concerned in the cargo, and between them and their assurers, saving, however, to the last mentioned a right to contradict it by evidence.
B. Bk. II., 42, F. 283, G. 653, H. 512, I. 558, P. 540. E. 1o1.
M. and P. 343.
710. If there is a discrepancy between the Bills of Lading, and none of them shew marks of alteration or erasure, those signed by the captain or owner and in the possession of the shipper or consignee, are believed in favour of the latter, and against the captain and owner, and those signed by the shipper are conclusive against the shipper
711. A lawful holder of a Bill of Lading ought to present