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(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. (10.) 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. B. Bk. II., 67, F. 273, H. 454, 461, I. 547, P. 541, R. 1005, 1010, Sw. 73 diff. E. go. M. & P. 290—292, News. $ 37.
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. Sw. 84.
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.
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. 41, R. 1000-1003, 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. When 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. F. 274, G. 569, 597, H. 457, 458, 1. 549, N. 44, 61, P. 545 diff., Sw. 78, 79.
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 150 kilometres (nearly 100 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, 1095, Sw. 114.
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.) Where 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 diff., F. 275 diff., G. 621, 623, H. 463, I. 550, P. 546, 558.
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
captain will account for them at the price similar goods fetch at that place.
(2.) If the ship is lost, then at the price for which they were in fact sold. Similarly freight is earned in full if the ship reaches her destination, and pro rata for the distance accomplished if she is lost.
B. Bk. II., 93, F. 298, G. 507, 509, 613, H. 373,480, I. 575, N. 66, P. 555 (2), Sw. 112. E. 117. M. and P. 581, 582, News. 64, 120.
660. Goods that are jettisoned for advantage of the whole adventure do not pay freight, but the value of the freight will be considered as General Average and its amount calculated pro rata on the distance accomplished when the jettison took place.
B. Bk. II., 96 diff., F. 301 diff., G. 717 diff., H. 481, I. 576, N. 66, P. 555, Sw. 112.
M. and P. 427 (n).
661. No more do goods lost by shipwreck or stranding pay freight, nor those captured by pirates or enemies. If freight has been paid in advance, it will be repaid, unless otherwise agreed.
B. Bk. II., 97, F. 302, G. 632, H. 482, I. 577, N. 66, Sw. III.
662. If the ship or goods are rescued, or articles are saved from a wreck, freight is payable pro rata to the ship carrying the cargo, and if it is repaired and reaches the port of destination, full freight is due, without prejudice to what may be due in respect of damage.
B. Bk. II., 97, F. 303, 304, G. 632, H. 483, I. 578, N. 66, Sw. 113. E. 122. M. and P. 377
663. Goods which are deteriorated or diminished in quantity from their own inherent vice, or bad condition of the packages, or accident, pay the full freight agreed upon in the contract of affreightment.
B. Bk. II., 76, 77, F. 310, G. 607, 621, 658, I. 581, N. 67, P. 555 (1), Sw. 110. E, 131. M. and P. 378.
664. A natural increase in the weight or measure of goods laden on board a vessel, inures to the profit of the proprietor and pays freight in accordance with the contract of affreightment for similar goods. G. 621, Sw. 109. Buckle v. Knoop, L.R. 2, Ex. 125, 333. 665. There is a special charge on the cargo
for the payment of freight expenses and dues relating to it, which are repayable by the shippers, and for its share of General Average, but the captain must not delay the discharge on account of a doubt as to the fulfilment of this duty.
If there is good reason for distrust, a Judge or Court, at the request of the captain, may allow the goods to be placed on deposit until all payments are settled.
B. Bk. II., 79, 80, 81, F. 306, 307, G. 615, 616, 624-628, H. 487, I. 580, 671, N. 68, P. 561, 580, R. 1036, 1037, Sw. 281, 283. E. 98, 125. M. and P. 389, 391, M.S.A., 1862, p. 67.
666. The captain may require the sale of a portion of the cargo sufficient to pay the freight, expenses, and averages pertaining to it, reserving the right of demanding the residue payable on such account if the sum realised by the sale proves insufficient to cover the debt.
B. Bk. II., 81, G. 626, I. 672, N. 68, P. 575, Sw. 115. E. 125.
667. There is a special lien on the cargo for freight and charges for twenty days, counting from the time of its being placed on deposit. During this term a sale may be demanded, notwithstanding that there are other creditors, and that the shipper or consignee is insolvent.
This right cannot, however, be exercised against the goods after they have been delivered to a third party without fraud on his part and for good consideration (titulo oneroso).
B. Bk. II., 81, F. 307, 280, G. 624, H. 490, I. 672, P. 581. E. 126.
668. If the consignee cannot be found, or if he refuses to receive the cargo, the Judge or the Court must, on the