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says Hawkins (2 Pleas of the Crown, cap. 23), the Law was so particular in this respect that if a plaintiff in an action gained a new name of Dignity, he caused the Writ to be abatable.
In these latter days, therefore, when attacks are imminent, and levelling is the order of the day, it would seem to behove the Baronets, as well as all other grades of Nobility, sedulously to guard against all innovations; and to band together to resist all attacks, whether by land or by sea, and whether emanating from the stump orator or from the Senate House.
III.—FOREIGN MARITIME LAWS: III. SPAIN. cone or commeRce.
TIT. II. (continued).
ART. 649. Supercargoes perform the functions on board which are conferred on them by the shipowner or shippers ; they keep an account and reasons for what they do in a book,* which fulfils the conditions and requirements of the captain’s account book, whom they obey as commander of the ship.
' Spain is apparently the only European country which has special legislation for this class of oflicers. A supercargo, however, is frequently carried when unusual or peculiar commercial transactions have to be conducted, or sometimes when a ship is chartered, but, her oflicers being in the service of her owner, the charterer desires to have a servant of his own bound to protect his interests. Rapid postal and telegraphic communication all over the world diminishes the need of the former class of supercargoes, whilst the appointment of agents for the charterer wherever the ship goes renders the presence of the latter less important. The “ purser," generally carried in large passenger steamers, has certain duties in respect of cargo analogous to those of a supercargo.
The functions and liabilities of the captain cease when there is a supercargo, in respect to that portion of the business legally assigned to the latter, but remain in all affairs which are inseparable from his authority and position.
650. All the provisions contained in Book II., Tit. III., § 2, relative to capacity, method of contracting, and liability of factors are applicable to supeI-cargoes.
651. Supercargoes may not, without special permission or agreement, do any business on their own account during the voyage, beyond the venture which is allowed them by the custom of the port for which the vessel sails, nor can they bring back on the homeward voyage more than the venture produces except by special permission of their principals.
652. A charter party must be drawn up in duplicate in formal documents signed by the contracting parties, and when either of them does not know how or cannot write, by two witnesses at his request.
The charter party will, in addition to the conditions freely agreed upon by the parties, contain the following particulars :—
(1.) The description, name, and tonnage of the ship.
(2.) Her flag (nationality) and port of registry.
' See ante, Art. 612 (3).
(3.) The names, surname and residence of the captain.
(4.) The names, surname and residence of the owner, if he makes the contract.
(5.) The names, surname and residence of the charterer, and if he declares that he acts as agent, then of the person on whose behalf he contracts.
(6.) The ports for loading and discharging.
(7.) The measurement, number of tons or weight or measure mutually agreed on to be loaded and carried, or if the charter is for the whole ship.
(8.) The freight payable, stating if it is a lump sum for the voyage, or a monthly rate, or by the space occupied, or by the weight or measure of the goods composing the cargo, or by whatever means agreed on.
(9.) The amount of hat money (gratuity) payable to the captain.
(1o.) The days agreed on for loading and discharging.
(11.) The lay days and days on demurrage to be accounted for and the amount payable for each.
653. If cargo is received without a charter party being signed, the contract is deemed, so far as the cargo is concerned, to be that contained in the Bill of Lading alone, to ascertain the rights and duties of the shipowner, captain and shipper.
654. Charter parties made by a broker who certifies the authenticity of the signatures of the contracting parties made in his presence, can be given in evidence, and if there is a discrepancy between them, that one shall be preferred which agrees with the one kept by the broker in his office, if this last is drawn up in accordance with law.
Similarly, charter parties not made by a broker will be evidence whenever the contracting parties acknowledge the signatures to them to be theirs.
Where no broker has negotiated the charter party and the signatures are not acknowledged, doubts will be decided by the Bills of Lading, or failing this, by such evidence as
the parties can produce. R. IOII.
655. Charter parties entered into by the captain in the absence of the owner will be of full force and effect even when entered into in contravention of the orders and instructions of the owner or charterer, but these persons preserve their right of action against the captain for the repayment of any injuries they may sustain.
G. 496, N. 4I, R. Iooo--I003, Sw. 41. E. 47.
M. and P. 155, News. § 37.
656. If the charter party is silent as to the time in which the loading and discharge are to take place, they will follow the custom of the ports where the work is done. VVhen the time agreed on, or that which is in accordance with the custom has elapsed, and there is no expressed provision in the charter party fixing the rate of demurrage, the captain retains his right to demand it for the lay days and days on demurrage which have elapsed in loading and discharging.
M. and P. 405, News. §§ 40, 42, 63. 657. If the vessel becomes unseaworthy in the course of
the voyage, the captain must freight another which is seaworthy at his own expense, to take the cargo and carry it to its destination. He is bound in order to do this to search for such a vessel, not only in his port of distress, but in those in the neighbourhood, within a distance of I50 kilometres (nearly IOO miles).
If the captain negligently or fraudulently fails to provide a vessel to carry the cargo to its destination, the shippers, after a formal demand on the captain to obtain freight within a stated time, may engage freight with the sanction of the judicial authority to at once carry out the contract entered into.
The same authority will compel the captain by summary process (por la via de apremio) to bear the expenses and liabilities arising out of the affreightment entered into by the shippers.
If the captain, after using due diligence, cannot get a vessel to freight, he will place the cargo on deposit to the order of the shippers, to whom he will render an account of what has happened at the earliest opportunity. Freight is payable in such a case pro rata on the distance actually accomplished by the vessel, without any other indemnity.
B. Bk. II., 94, F. 296, G. 634, H. 478, I. 570, N. 59, R. 1022, I095, Sw. I14. E. 115.
M. and P. 368, 321, News.§ 64, 78.
658. Freight is due in accordance with the conditions agreed on in the contract, and if not expressed, or ambiguous, the following rules are to be observed:—
(1.) \/Vhere the ship is hired by the month or day, the freight runs from the day on which the vessel is ready to load.
(2.) Where the hiring is for a specified time the freight runs from the same date.
(3.) If freight is payable for weight, the payment is for the gross weight, including packages, such as barrels or any other receptacle containing cargo.
B. Bk. II., 69, 70 difI., F. 275 difi'., G. 621, 623, H. 463, I. 550, P. 546, 558. E. 93.
659. Freight is due for goods sold by the captain for necessaries for the ship, machinery, or apparel, or for other pressing and urgent wants. The price of such goods will be fixed at the end of the voyage, as follows :—
(1.) If the ship arrives in safety at her destination, the