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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 ram for the distance
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 mm on the distance accomplished when the
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
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. I13. 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.
664. A natural increase in the weight or measure ofgoods laden on board a vessel, inures to the profit ofthe proprietor and pays freight in accordance with the contract of affreight
ment for similar goods.
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
666. The captain may require the sale of a portion of the cargo sutficient to pay the freight, expenses, and averages pertaining to it, reserving the right ofdemanding the residue payable on such account if the sum realised by the sale
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 (titnlo
668. If the consignee cannot be found, or if he refuses to receive the cargo, the judge or the Court must, on the demand of the captain, order the goods to be placed on deposit, and arrange a sale of what is necessary for the payment of the freight and other charges upon it. Similarly, a sale will take place when the goods on deposit are in danger of deterioration, or if, whether on account of their inherent quality, or from other causes, the expenses of keeping them are out of proportion to their
(Z-) Of the Rights and Duties of the Person Letting a Ship.
669. The letter of the ship (fletante) or the captain must be exact in contracts of affreightment as to the capacity of the vessel or that expressly stated in the Register; no greater difference than 2 per cent. between what is stated and the fact will be allowed.
If the letter or captain engage more cargo than the vessel can carry, having regard to her tonnage, they will compensate the shippers with whom they cannot fulfil the contract for the damages which they have sustained in consequence, as follows :—
If the freight is payable for the whole ship by one shipper only, and there is mistake or fraud as to its capacity, and the shipper does not elect to rescind the contract when he has a right to do so, the freight will be diminished pro rata to the cargo that the vessel can carry ; the letter of the ship must, moreover, indemnify the charterer for all damages caused by the error.
If, on the other hand, there are several contracts of affreightment, and from an error as to the capacity of the vessel, she cannot load all the cargo engaged, and none of the shippers elects to rescind his contract, the preference will be given to those whose goods are already shipped and stowed in the vessel, and the rest will take priority according to the dates of their contracts.
If no priority can be shewn, they can each load, if they like, a portion of the weight or measurement, in proportion to the amount contracted for, and the letter of the ship
will be liable to make good to them all damages and losses.
670. If, after receiving a part of the cargo, the letter of the ship cannot secure at the agreed rate of freight more than at the least three-fifths of what the ship can carry, he may substitute for the voyage another vessel, surveyed and declared to be fit for 'the said voyage, on bearing the expenses of transhipment, and any increase there may be in the amount of the freight. If no such substitution is possible, he must proceed with the voyage as agreed, and if the time is not agreed upon, then 15 days from the commencement of the loading, unless otherwise settled.
If the owner of the part cargo loaded procures cargo at the same rate and on the same conditions as that which he has shipped, neither the letter of the ship nor the captain can refuse to accept the remainder of the cargo, and if they resist the shipper has a right to demand that the vessel
671. When three-fifths of a full cargo is loaded, the letter of the ship cannot, without the consent of the freighters or shippers, substitute another vessel for that named in the contract, under pain of rendering himself liable for all damage and loss which may happen during the
voyage to the cargo of those who have not consented to the
672. When the whole ship is let, the captain cannot, without the consent of the freighter, take cargo from another person; and if he do so, the freighter can compel him to discharge it, and indemnify him for loss he has thereby
673. All loss that the freighter sustains from the voluntary delay of the master in commencing the voyage is chargeable to the letter of the ship, according to the rules prescribed, whenever the captain is required by a notary or by legal
674. If the freighter puts on board the vessel more cargo than agreed for, the excess may be admitted at the rate of freight stipulated for in the contract, provided it can be properly stowed without damage to other shippers; but if it cannot be properly stowed, the captain ought to refuse to take it, or discharge it at the cost of its owner.
Similarly, the captain may, before sailing, land goods which have been shipped secretly, or may carry them if he can stow them properly, requiring as freight for them the highest rate agreed upon for that voyage.
675. When a vessel is chartered to receive cargo in another port, the captain will report himself to the consignee named in his contract; and if he does not supply cargo, he will give notice to the charterer and await his instructions whilst the lay days, agreed on, or such as are allowed by the custom of the port, if there is no special agreement to the contrary, are running.
If the captain gets no answer within this limited period, he will do his best to engage freight, and if he does not succeed prior to the termination of the lay days and days