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it to the captain of the ship before the discharge, and is liable for the consequences of omitting to do so, and, if in consequence the cargo is landed and warehoused, will be
answerable for the expenses of storage and all others that
are caused thereby. B. Bk. II., 78, R. 1027. News. 76, M. and P. 322.
712. A captain cannot change the destination of the goods without authority; if such an alteration is allowed at the request of the shipper, he must first get back the Bills of Lading that have been forwarded, under penalty of
answering for the cargo to the legal holder of them. M. and P. 138.
713. Ifbefore delivery of the cargo a fresh Bill of Lading is demanded from the captain, on the ground that the former ones, which have not been presented, have miscarried, or for other just cause, he must give it, on getting bail to his satisfaction for the value of the cargo, but without any alteration in the consignment, and expressing in the fresh Bill all the particulars mentioned in Art. 707, where it is one of those Bills of Lading to which the Article refers, under penalty, in either case, of being liable for such cargo if, by his omission, it is wrongly delivered.
714. If, before the ship goes to sea, the captain dies or vacates his appointment by any accident, shippers have a right to require the new captain to ratify the former Bills of Lading, and he must do so, always provided that copies already issued be presented or returned, and that it appears from overhauling the cargo that it agrees with them. Expenses occurring by overhauling the cargo will be the shipowner's, without prejudice to his recovering them from the former captain if discharged for his own fault. If there is no such survey of cargo, it is considered that the new captain accepts the cargo as stated in the Bills of Lading which have been forwarded,
715. Bills of Lading give rise to a summary or immediate action (accién somarisima 6 de apremio), if necessary, for the delivery of the cargo and payment of the freight, and
charges arising from it. F. 280,
716. If several persons present Bills of Lading “to bearer ” or “ to order” endorsed to them, claiming the same goods, the captain will give a preference to the one who presents the first Bill of Lading forwarded, except in case the holder of a later one can shew that the former one has miscarried, and they are in the hands of different persons.
In this case, as also when second or later Bills of Lading alone, without such justification, are presented, the captain will call on the judge or Tribunal to authorise the warehousing and subsequent delivery of the merchandise, under
717. The delivery of a Bill of Lading cancels all provisional receipts of prior date given by the captain'or his
718. When the cargo is delivered, the Bills of Lading signed by the captain are returned to him, or, at all events, the copy against which he has delivered, with a receipt for the goods signed upon it.
Delay on the part of the consignee will render him
liable for losses that the delay may cause to the captain. B. Bk. IL, 46, F. 285, G. 652, I. 560, R. 1035, Sw. 99. E. 103.
719. That is deemed to be a loan on bottomry, or on maritime risk, in which, whatever the conditions may be, the repayment of the sum lent and the premium agreed on, depends upon the safe arrival in port of the articles on which it is made, or on the value they realise in case of misfortune.
720. Bottomry Bonds may be made :—
(1.) By a notarial instrument.
(2.) By means of a bond signed by the parties and the
(3.) By a simple contract.
In whichever of those ways the contract is made, it will be noted on the certificate of the ship’s register, and entered duly on the Mercantile Register, without which debts of this description will not have with respect to other debts the precedence to which their description entitles them, although the contract will be binding between the parties.
Bonds entered into during the voyage are regulated by Articles 583 and 611, and are valid against third parties from the time of their execution, if they are inscribed in the Mercantile Register of the ship’s home port within eight days after her arrival. If eight days elapse without the bond being inscribed in the Mercantile Register, bonds entered into during the voyage are of no effect against third parties until the day on which the inscription is made. With regard to the validity of bonds made according to (2), they must be in conformity with the broker's books; for those made according to (3), the signature must be proved.
Contracts that are not in writing give no right of action.
721. A Bottomry Bond must state: (1.) The description, name, and home port of the ship.
(2.) The name and surname of the captain and his domicile.
(3.) The names, surnames, and domiciles of the lenders on bottomry.
(4.) The sum lent and the premium agreed on.
(5.) The place of repayment.
(6.) The articles pledged for repayment.
(7.) The voyage for which the risk is taken. F. 311, G. 684, H. 570, I. 590, N. 98, Sw. 129. E. 150. News. 81, Macl. 54.
722. Bonds may be made “to order,” in which case they are transferable by endorsement, and the transferee acquires
all the rights and runs all the risks of the former holder.
723. Loans on goods and merchandise may be made on an estimated value, to determine the sum to be lent.
724. Loans may be jointly or severally on :—
(1.) The hull of the ship.
(2.) The outfit.
(3.) The stores, provisions, and fuel.
(4.) The engines, when the vessel is a steamship.
(5.) The cargo.
If upon the hull of the ship, the outfit, stores, and other furniture, provisions, fuel, engines, and freights carried in the bottomry voyage are deemed to be affected to the loan.
If upon the cargo, the whole of it is affected ; and if upon a special part of the vessel or of the cargo, that alone
725. There can be no loan or bottomry on the wages of
the crew or on anticipated profits. B. Bk. II., 158, F. 319, H. 577, 578, I. 593, 594, Sw. 126. E. 158, 159. 726. If the lender shews that he was induced by the fraud
of the borrower to advance more than the value of the
article on which the loan was secured, the bottomry will be
good only for the amount of the value ascertained by experts.
The balance of the capital will run at the legal rate of interest until repayment. F. 316, H. 576, I. 594. E. 156.
727. If the whole of a loan for the purpose of loading a cargo is not used for this purpose, the balance is repayable before the vessel sails.
Similarly when the goods pledged are not loaded.
F. 324, 329.
News. 83, M. and P. 567.
728. A loan effected by a captain in the port of residence of the owners, affects the captain’s share only if the owners have not given him express authority or intervened in the operation by themselves or their authorised agents. If one or more of the owners, on being required to contribute their share for the repairs or provisioning of the ship, do not do so within twenty-four hours, their shares will be liable in the same proportion for bottomry.
Elsewhere than where the owners reside the captain may take up loans on bottomry in conformity with Articles 583 and 611.
729. If the articles on which the loan is made are never exposed to the risk, the contract is reduced to a simple loan, the borrower is bound to repay the money with legal interest if this is less than that agreed upon.
F. 325, H. 586, I. 597, Sw. 141 difl'. E. 170.
730. Loans made during the voyage take precedence of those made previously to it, and rank in the inverse order of their dates.
Loans for the last voyage take precedence over previous