The representation of the smallest part in the ownership shall have

TITLE II Persons Who May Take Part in Maritime Commerce one vote; and proportionately the other part owners as many votes as
they have parts equal to the smallest one.
SECTION I Owners of Vessels and Ship Agents
A vessel can not be detained, attached or levied upon execution in her
ARTICLE 586. The owner of a vessel and the agent shall be civilly entirety for the private debts of a part owner, but the proceedings shall
liable for the acts of the captain and for the obligations contracted by be limited to the interest the debtor may have in the vessel, without
the latter to repair, equip, and provision the vessel, provided the interfering with her navigation.
creditor proves that the amount claimed was invested therein.
ARTICLE 590. The owners of a vessel shall be civilly liable in the
By agent is understood the person intrusted with the provisioning of a proportion of their contribution to the common fund, for the results of
vessel, or who represents her in the port in which she happens to be. the acts of the captain, referred to in Article 587.

ARTICLE 587. The agent shall also be civilly liable for the indemnities Each part owner may exempt himself from this liability by the
in favor of third persons which arise from the conduct of the captain in abandonment before a notary of the part of the vessel belonging to
the care of the goods which the vessel carried; but he may exempt him.
himself therefrom by abandoning the vessel with all her equipments
and the freight he may have earned during the voyage. ARTICLE 591. All the part owners shall be liable, in proportion to their
respective ownership, for the expenses of repairs to the vessel, and
ARTICLE 588. Neither the owner of the vessel nor the agent shall be for other expenses which are incurred by virtue of a resolution of the
liable for the obligations contracted by the captain if the latter exceeds majority.
his powers and privileges which are his by reason of his position or
have been conferred upon him by the former. They shall likewise be liable in the same proportion for the expenses
of maintenance, equipment, and provisioning of the vessel, necessary
However, if the amounts claimed were made use of for the benefit of for navigation.
the vessel, the owner or agent shall be liable.
ARTICLE 592. The resolutions of the majority with regard to the repair,
ARTICLE 589. If two or more persons should be part owners of a equipment, and provisioning of the vessel in the port of departure shall
merchant vessel, an association shall be presumed as established by bind the majority unless the partners in the minority renounce their
the part owners. participation therein, which must be acquired by the other part owners
after a judicial appraisement of the value of the portion or portions
This association shall be governed by the resolutions of a majority of assigned.
the members.
The resolutions of the majority relating to the dissolution of the
A majority shall be the relative majority of the voting members. association and sale of the vessel shall also be binding on the minority.

If there should be only two part owners, in case of disagreement the The sale of the vessel must take place at a public auction, subject to
vote of the member having the largest interest shall be decisive. If the the provisions of the law of civil procedure unless the part owners
interests are equal, it shall be decided by lot. unanimously agree otherwise, the right of option to purchase and to
withdraw mentioned in Article 575 being always reserved in favor of provisions, fuel, and freight of the vessel, and, in general, in all that
said part owners. relates to the requirements of navigation.

ARTICLE 593. The owners of a vessel shall have preference in her ARTICLE 598. The agent can not order a new voyage, nor make
charter to other persons, offering equal conditions and price. If two or contracts for a new charter, nor insure the vessel, without the authority
more of the former should claim said right the one having greater of her owner or by virtue of a resolution of the majority of the co-
interest shall be preferred, and should they have an equal interest it owners, unless these privileges were granted him in the certificate of
shall be decided by lot. his appointment.

ARTICLE 594. The part owners shall elect the manager who is to If he should insure the vessel without authority therefor he shall be
represent them in the capacity of agent. secondarily liable for the solvency of the underwriter.

The appointment of director or agent shall be revocable at the will of ARTICLE 599. The managing agent of an association, shall give his
the members. co-owners an account of the results of each voyage of the vessel,
without prejudice to always having the books and correspondence
ARTICLE 595. The agent, be he at the same time an owner of a vessel relating to the vessel and to its voyages at the disposal of the same.
or a manager for an owner or for an association of co-owners, must
be qualified to trade and must be recorded in the merchant's registry ARTICLE 600. After the account of the managing agent has been
of the province. approved by a relative majority, the co-owners shall satisfy the
expenses in proportion to their interest, without prejudice to the civil or
The agent shall represent the ownership of the vessel, and may in his criminal actions which the minority may deem fit to institute afterwards.
own name and in such capacity take judicial and extrajudicial steps in
all that relates to commerce. In order to enforce the payment, the managing agent shall have a right
of action to secure execution, which shall be instituted by virtue of a
ARTICLE 596. The agent may discharge the duties of captain of the resolution of the majority, and without further proceedings than the
vessel, subject, in every case, to the provisions contained in Article acknowledgment of the signatures of the persons who voted the
609. resolution.

If two or more co-owners request the position of captain, the ARTICLE 601. Should there be any profits, the co-owners may
disagreement shall be decided by a vote of the members; and if the demand of the managing agent the amount due them, by means of an
vote should result in a tie, the position shall be given to the part owner executory action without further requisites than the acknowledgment
having the larger interest in the vessel. of the signatures of the instrument approving the account.

If the interest of the petitioners should be the same, and there should ARTICLE 602. The agent shall indemnify the captain for all the
be a tie, the matter shall be decided by lot. expenses he may have incurred from his own funds or from those of
other persons, for the benefit of the vessel.
ARTICLE 597. The agent shall select and come to an agreement with
the captain, and shall contract in the name of the owners, who shall ARTICLE 603. Before a vessel goes out to sea the agent shall have
be bound in all that refers to repairs, details of equipment, armament, at his discretion, a right to discharge the captain and members of the
crew whose contract did not state a definite period nor a definite
voyage, paying them the salaries earned according to their contracts, ARTICLE 609. Captains and masters of vessels must be
and without any indemnity whatsoever, unless there is a special and Spaniards * having legal capacity to bind themselves in accordance
specific agreement in respect thereto. with this Code, and must prove that they have the skill, capacity, and
qualifications required to command and direct the vessel, as
ARTICLE 604. If the captain or any other member of the crew should established by marine laws, ordinances, or regulations, or by those of
be discharged during the voyage, they shall receive their salary until navigation, and that they are not disqualified according to the same for
the return to the place where the contract was made, unless there are the discharge of the duties of that position. t
good reasons for the discharge, all in accordance with Articles 636 et
seq. of this Code. If the owner of a vessel desires to be the captain thereof and does not
have the legal qualifications therefor, he shall limit himself to the
ARTICLE 605. If the contracts of the captain and members of the crew financial administration of the vessel, and shall intrust her navigation
with the agent should be for a definite period or voyage, they can not to a person possessing the qualifications required by said ordinances
be discharged until the fulfillment of their contracts, except for reasons and regulations.
of insubordination in serious matters, robbery, theft, habitual
drunkenness, and damage caused to the vessel or to its cargo by ARTICLE 610. The following powers are inherent in the position of
malice or manifest or proven negligence. captain or master of a vessel:

ARTICLE 606. If the captain should be a part owner in the vessel, he 1. To appoint or make contracts with the crew in the absence of the
can not be discharged without the agent returning him the amount of agent and propose said crew, should said agent be present; but the
his interest therein, which, in the absence of an agreement between agent shall not be permitted to employ any member against the
the parties, shall be appraised by experts appointed in the manner captain's express refusal.
established in the law of civil procedure.
2. To command the crew and direct the vessel to the port of its
ARTICLE 607. If the captain who is a part owner should have obtained destination, in accordance with the instructions he may have received
the command of the vessel by virtue of a special agreement contained from the agent.
in the articles of co-partnership, he can not be deprived thereof except
for the reasons mentioned in Article 605. 3. To impose, in accordance with the agreements and the laws and
regulations of the merchants marine, on board the vessel, correctional
ARTICLE 608. In case of the voluntary sale of the vessel, all contracts punishment upon those who do not comply with his orders or who
between the agent and captain shall terminate, the right to proper conduct themselves against discipline, holding a preliminary
indemnity being reserved in favor of the captain, according to the investigation on the crimes committed on board the vessel on the high
agreements made with the agent. seas, which shall be turned over to the authorities, who are to take
cognizance thereof, at the first port touched.
They vessel sold shall remain subject to the security of the payment
of said indemnity if, after the action against the vendor has been 4. To make contracts for the charter of the vessel in the absence of
instituted, the latter should be insolvent. the agent or of her consignee, acting in accordance with the
instructions received and protecting the interests of the owner most
SECTION II Captains and Masters of Vessels carefully.
5. To adopt all the measures which may be necessary to keep the 1. To have on board before starting on a voyage a detailed inventory
vessel well supplied and equipped, purchasing for the purpose all that of the hull, engines, rigging, tackle, stores, and other equipments of
may be necessary, provided there is no time to request instructions of the vessel; the navigation certificate; the roll of the persons who make
the agent. up the crew of the vessel, and the contracts entered into with the crew;
the list of passengers; the health certificate; the certificate of the
6. To make, in similar urgent cases and on a voyage, the repairs to registry proving the ownership of the vessel, and all the obligations
the hull and engines of the vessel and to her rigging and equipment which encumber the same up to that date; the charters or
which are absolutely necessary in order for her to be able to continue authenticated copies thereof; the invoices or manifest of the cargo,
and conclude her voyage; but if she should arrive at a point where and the instrument of the expert visit or inspection, should it have been
there is a consignee of the vessel, he shall act in concurrence with the made at the port of departure.
latter.
2. To have a copy of this Code on board.
ARTICLE 611. In order to comply with the obligations mentioned in the
foregoing article, the captain, when he has no funds and does not 3. To have three folioed and stamped books, placing at the beginning
expect to receive any from the agent, shall procure the same in the of each one a note of the number of folios it contains, signed by the
successive order stated below: maritime official, and in his absence by the competent authority.

1. By requesting said funds of the consignees or correspondents of a In the first book, which shall be called "log book," he shall enter every
vessel. day the condition of the atmosphere, the prevailing winds, the course
sailed, the rigging carried, the horsepower of the engines, the distance
2. By applying to the consignees of the cargo or to the persons covered, the maneuvers executed, and other incidents of navigation.
interested therein. He shall also enter the damage suffered by the vessel in her hull,
engines, rigging, and tackle, no matter what is its cause, as well as the
3. By drawing on the agent. imperfections and averages of the cargo, and the effects and
consequence of the jettison, should there be any; and in cases of
4. By borrowing the amount required by means of a bottomry bond. grave resolutions which require the advice or a meeting of the officers
of the vessel, or even of the passengers and crew, he shall record the
5. By selling a sufficient amount of the cargo to cover the amount decision adopted. For the informations indicated he shall make use of
absolutely necessary to repair the vessel, and to equip her to pursue the binnacle book, and of the steam or engine book kept by the
the voyage. engineer.

In the two latter cases he must apply to the judicial authority of the In the second book, called the "accounting book," he shall enter all the
port, if in Spain * and to the Spanish * consul, if in a foreign country; amounts collected and paid for the account of the vessel, entering
and where there should be none, to the local authority, proceeding in specifically article by article, the sources of the collection, and the
accordance with the prescriptions of Article 583, and with the amounts invested in provisions, repairs, acquisition of rigging or
provisions of the law of civil procedure. goods, fuel, outfits, wages, and all other expenses. He shall
furthermore enter therein a list of all the members of the crew, stating
ARTICLE 612. The following obligations are inherent in the office of their domiciles, their wages and salaries, and the amounts they may
captain: have received on account, either directly or by delivery to their
families.
In the third book, called "freight book," he shall record the entry and 7. To be on deck at the time of sighting land and to take command on
exit of all the goods, stating their marks and packages, names of the entering and leaving ports, canals, roadsteads, and rivers, unless
shippers and of the consignees, ports of loading and unloading, and there is a pilot on board discharging his duties. He shall not spend the
the freight earned. In the same book he shall record the names and night away from the vessel except for serious causes or by reason of
places of sailing of the passengers and the number of packages of official business.
which their baggage consists, and the price of the passage.
8. To present himself, when making a port in distress, to the maritime
4. To make, before receiving the freight, with the officers of the crew, authority if in Spain * and to the Spanish * consul if in a foreign country,
and the two experts, if required by the shippers and passengers, an before twenty-four hours have elapsed, and make a statement of the
examination of the vessel, in order to ascertain whether she is name, registry, and port of departure of the vessel, of its cargo, and
watertight, and whether the rigging and engines are in good condition; reason of arrival, which declaration shall be vised by the authority or
and if she has the equipment required for good navigation, preserving by the consul if after examining the same it is found to be acceptable,
a certificate of the memorandum of this inspection, signed by all the giving the captain the proper certificate in order to show his arrival
persons who may have taken part therein, under their liability. under stress and the reasons therefor. In the absence of marine
officials or of the consul, the declaration must be made before the local
The experts shall be appointed one by the captain of the vessel and authority.
the other one by the persons who request the examination, and in
case of disagreement a third shall be appointed by the marine 9. To take the steps necessary before the competent authority in order
authority of the port. to enter in the certificate of the Commercial Registry of the vessel the
obligations which he may contract in accordance with Article 583.
5. To remain constantly on board the vessel with the crew during the
time the freight is taken on board and carefully watch the stowage 10. To put in a safe place and keep all the papers and belongings of
thereof; not to consent to any merchandise or goods of a dangerous any members of the crew who might die on the vessel, drawing up a
character to be taken on, such as inflammable or explosive detailed inventory, in the presence of passengers as witnesses, and,
substances, without the precautions which are recommended for their in their absence, of members of the crew.
packing, management and isolation; not to permit that any freight be
carried on deck which by reason of its disposition, volume, or weight 11. To conduct himself according to the rules and precepts contained
makes the work of the sailors difficult, and which might endanger the in the instructions of the agent, being liable for all that he may do in
safety of the vessel; and if, on account of the nature of the violation thereof.
merchandise, the special character of the shipment, and principally
the favorable season it takes place, he allows merchandise to be 12. To give an account to the agent from the port where the vessel
carried on deck, he must hear the opinion of the officers of the vessel, arrives, of the reason thereof, taking advantage of the semaphore,
and have the consent of the shippers and of the agent. telegraph, mail, etc., according to the cases; notify him the freight he
may have received, stating the name and domicile of the shippers,
6. To demand a pilot at the expense of the vessel whenever required freight earned, and amounts borrowed on bottomry bond, advise him
by navigation, and principally when a port, canal, or river, or a of his departure, and give him any information and data which may be
roadstead or anchoring place is to be entered with which neither he, of interest.
the officers nor the crew are acquainted.
13. To observe the rules on the situation of lights and evolutions to
prevent collisions.
14. To remain on board in case of danger to the vessel, until all hope ARTICLE 617. The captain can not contract loans on respondentia,
to save her is lost, and before abandoning her to hear the officers of and should he do so the contracts shall be void.
the crew, abiding by the decision of the majority; and if he should have
to take a boat he shall take with him, before anything else, the books Neither can he borrow money on bottomry for his own transactions,
and papers, and then the articles of most value, being obliged to prove except on the portion of the vessel he owns, provided no money has
in case of the loss of the books and papers that he did all he could to been previously borrowed on the whole vessel, and provided there
save them. does not exist any other kind of lien or obligation thereon. When he is
permitted to do so, he must necessarily state what interest he has in
15. In case of wreck he shall make the proper protest in due form at the vessel.
the first port reached, before the competent authority or the
Spanish * consul, within twenty-four hours, stating therein all the In case of violation of this article the principal, interest, and costs shall
incidents of the wreck, in accordance with case 8 of this article. be charged to the private account of the captain, and the agent may
furthermore have the right to discharge him.
16. To comply with the obligations imposed by the laws and rules of
navigation, customs, health, and others. ARTICLE 618. The captain shall be civilly liable to the agent, and
the latter to the third persons who may have made contracts with
ARTICLE 613. A captain who navigates for freight in common or on the former —
shares can not make any transaction for his exclusive account, and
should he do so the profit shall belong to the other persons in interest, 1. For all the damages suffered by the vessel and his cargo by reason
and the losses shall be for his own exclusive account. of want of skill or negligence on his part. If a misdemeanor or crime
has been committed he shall be liable in accordance with the Penal
ARTICLE 614. A captain who, having made an agreement to make a Code.
voyage, should not fulfill his obligation, without being prevented by an
accident case or by force majeure, shall pay for all the losses his action 2. For all the thefts committed by the crew, reserving his right of action
may cause, without prejudice to criminal penalties which may be against the guilty parties.
proper.
3. For the losses, fines, and confiscations imposed an account of
ARTICLE 615. Without the consent of the agent, the captain can not violation of the laws and regulations of customs, police, health, and
have himself substituted by another person; and should he do so, navigation.
besides being liable for all the acts of the substitute and bound to the
indemnities mentioned in the foregoing article, the substitute as well 4. For the losses and damages caused by mutinies on board the
as the captain may be discharged by the agent. vessel, or by reason of faults committed by the crew in the service and
defense of the same, if he does not prove that he made full use of his
ARTICLE 616. If the provisions and fuel of the vessel are consumed authority to prevent or avoid them.
before arriving at the port of destination, the captain shall decide, with
the consent of the officers of the same, to make the nearest port to get 5. For those arising by reason of an undue use of powers and non-
a supply of either; but if there are persons on board who have fulfillment of the obligations which are his in accordance with Articles
provisions of their own he may force them to turn said provisions over 610 and 612.
for the common consumption of all persons on board, paying the price
thereof immediately, or at the latest, at the first port reached.
6. For those arising by reason of his going out of his course or taking The captain who commits fraud in his accounts shall reimburse the
a course which he should not have taken without sufficient cause, in amount defrauded, and shall be subject to the provisions contained in
the opinion of the officers of the vessel, at a meeting with the shippers the Penal Code.
or supercargoes who may be on board.
ARTICLE 622. If when on a voyage the captain should receive news
No exception whatsoever shall exempt him from this obligation. of the appearance of privateers or men of war against his flag, he shall
be obliged to make the nearest neutral port, inform his agent or
7. For those arising by reason of his voluntarily entering a port other shippers, and await an occasion to sail under convoy or until the
than his destination, with the exception of the cases or without the danger is over or to receive final orders from the agent or shippers.
formalities referred to in Article 612.
ARTICLE 623. If he should find himself being attacked by a privateer
8. For those arising by reason of the non-observance of the provisions and after having done all that was possible to avoid the encounter and
contained in the regulations for lights and evolutions for the purpose have resisted the delivery of the equipment of the vessel or of its
of preventing collisions. cargo, they should be forcibly taken away from him, or he should be
obliged to deliver them, he shall make an entry in his freight book and
ARTICLE 619. The captain shall be liable for the cargo from the time shall prove the fact before the competent authority at the first port he
it is turned over to him at the dock, or afloat alongside the ship, at the touches.
port of loading until he delivers it on the shores or on the discharging
wharf, of the port of unloading unless the contrary has been expressly After the force majeure has been proven, he shall be exempted from
agreed upon. liability.

ARTICLE 620. The captain shall not be liable for the damages ARTICLE 624. A captain whose vessel has gone through a hurricane
caused to the vessel or to the cargo by reason of force majeure; or who believes that the cargo has suffered damages or averages,
but he shall always be so — no agreement to the contrary being shall make a protest thereon before the competent authority at the first
valid — for those arising through his own fault. port he touches within the twenty-four hours following his arrival, and
shall ratify it within the same period when he arrives at the place of his
Neither shall he be personally liable for the obligations he may have destination, immediately preceding with the proof of the facts, it not
contracted for the repair, equipment, and provisioning of the vessel, being permitted to open the hatches until this has been done.
which shall be incurred by the agent, unless the former has expressly
bound himself personally or signed a draft or promissory note in his The captain shall proceed in the same manner if, the vessel having
name. been wrecked, he is saved alone or with part of his crew, in which case
he shall appear before the nearest authority, and make a sworn
ARTICLE 621. A captain who borrows money on bottomry, or who statement of the facts.
pledges or sells merchandise or provisions in other cases and without
the formalities prescribed in this Code, shall be liable for the principle, The authority or the consul abroad shall verify the said facts, receiving
interest, and costs, and shall indemnify for the damages he may a sworn statement of the members of the crew and passengers who
cause. may have been saved, and taking the other steps which may assist in
arriving at the facts, drafting a certificate of the result of the
proceedings in the log book and in that of the sailing mate, and shall
deliver the original records of the proceedings to the captain, stamped
and folioed, with a memorandum of the folios, which he must rubricate, of his duties, being liable for the accidents which may arise by reason
for their presentation to the judge or court of the port of destination. of his fault in this matter.

The statement of the captain shall be believed if it is in accordance ARTICLE 629. The sailing mate shall personally and specially keep a
with those of the crew and passengers; if they disagree, the latter shall book folioed and stamped on all its pages, called the "binnacle book",
be accepted, unless there is proof to the contrary. with a memorandum at the beginning stating the number of folios it
contains, signed by the competent authority, and shall enter therein
ARTICLE 625. The captain, under his personal liability, as soon as he daily the distance and course travelled, the variations of the needle,
arrives at the port of destination, obtains the necessary permission the leeway, the direction and force of the wind, the condition of the
from the health and customs officers and fulfills the other formalities atmosphere and of the sea, the rigging set, the latitude and longitude
required by the regulations of the administration, shall turn over the observed, the number of furnaces fired, the steam pressure, the
cargo, without any defalcation, to the consignees, and, in a proper number of revolutions, and under the name of "incidents" the
case, the vessel, rigging, and freights to the agent. revolutions made, the meetings with other vessels, and all the
particulars and accidents which may occur during the voyage.
If, by reason of the absence of the consignee or on account of the
nonappearance of a legal holder of the invoices, the captain does not ARTICLE 630. In order to change the course and to take the one most
know to whom he is to make the legal delivery of the cargo, he shall convenient for a good voyage of the vessel, the sailing mate shall
place it at the disposal of the proper judge or court or authority, in order come to an agreement with the captain. If the latter should object, the
that he may decide with regard to its deposit, preservation, and sailing mate shall make the remarks he may consider necessary in the
custody. presence of the other officers of the vessel. If the captain should still
insist on his objection, the sailing mate shall make the proper protest,
SECTION III Officers and Crews of Vessels signed by him and by another one of the officers in the log book, and
shall obey the captain, who shall be the only one liable for the
ARTICLE 626. In order to be a sailing mate it shall be necessary: consequences of his order.

1. To have the conditions required by the marine or navigation laws or ARTICLE 631. The sailing mate shall be liable for all the damages
regulations. suffered by the vessel and cargo by reason of his negligence or want
of skill, without prejudice to the criminal liability which may arise, if a
2. Not to be disqualified in accordance therewith for the discharge of felony or misdemeanor were committed.
the position.
ARTICLE 632. It shall be the duty of the second mate:
ARTICLE 627. The sailing mate, as the second chief of the vessel and
unless the agent orders otherwise, shall take the place of the captain 1. To watch over the preservation of the hull, and rigging of the vessel,
in cases of absence, sickness, or death, and shall then assume all his and to take charge of the tackle and equipment which make up her
powers, obligations, and responsibilities. outfit, suggesting to the captain the repairs necessary and the
replacement of the goods and implements which are rendered useless
ARTICLE 628. The sailing mate must supply himself with charts of the and lost.
waters which are to be navigated, with the maps and quadrants or
sextants which are in use and which are necessary for the discharge 2. To take care that the cargo is well arranged, keeping the vessel
always ready for evolutions.
3. To preserve order, discipline, and good service among the crew, 4. He shall make no change in the motive apparatus, nor shall he
requesting the necessary orders and instructions of the captain, and repair the averages he may have noticed in the same, nor change the
quickly informing him of any occurrence in which the intervention of normal speed of its movement without the prior authority of the
his authority may be necessary. captain, to whom, if he should object to their being made, he shall state
the reasons he may deem proper in the presence of the other
4. To assign to each sailor the work he is to do on board, in accordance engineers or officers; and if, notwithstanding this, the captain should
with the instructions received, and see that it is exactly and carefully insist on his objection, the chief engineer shall make the proper
carried out. protest, entering the same in the engine book, and shall obey the
captain, who shall be the only one liable for the consequences of his
5. To take charge by inventory of the rigging and all the equipments of order.
the vessel, if it should be laid up, unless the agent has ordered
otherwise. 5. He shall inform the captain of any average which may occur to the
motive apparatus, and shall inform him when it may be necessary to
With regard to engineers the following rules shall govern: stop the engines for some time, or when any other incident occurs in
his department of which the captain should be immediately informed,
1. In order to be taken on board as a marine engineer forming part of frequently advising him furthermore of the consumption of fuel and
the complement of a merchant vessel it shall be necessary to possess lubricating material.
the qualifications which the laws and regulations require, and not to
be disqualified in accordance therewith to hold said position. 6. He shall keep a book or registry called the "Engine Book," in which
Engineers shall be considered as officers of the vessel, but they shall there shall be entered all the data that refer to the work of the engines,
exercise no command nor intervention except that which refers to the such as, for example, the number of furnaces fired, the steam
motive power. pressure in the boilers and cylinders, the vacuum in the condenser,
the temperatures, the degree of saturation of the water, the
2. When there are two or more engineers on one vessel, one of them consumption of fuel and lubricating material, and under the heading of
shall be the chief, and the other engineers and all the personnel of the "Noteworthy occurrences" the average and imperfections which occur
engines shall be under his orders; he shall furthermore have the in the engines and boilers, the causes therefor, and the means
motive power under his charge, as well as the spare pieces, employed to repair the same. There shall also be stated, taking the
instruments, and implements belonging thereto, the fuel, the information from the binnacle book, and direction of the wind, the
lubricating material and, finally, all which comes under the jurisdiction rigging set, and the speed of the vessel.
of an engineer on board a vessel.
ARTICLE 633. The second mate shall take command of the vessel in
3. He shall keep the engines and boilers in good condition and in state case of the impossibility or disability of the captain and sailing mate,
of cleanliness, and shall order what may be proper in order that they assuming in such case their powers and liability.
may always be ready for regular use, being liable for the accidents or
damages which may arise by reason of his want of skill or negligence ARTICLE 634. The captain may make up his crew with the number he
to the motive apparatus, or to the vessel and cargo, without prejudice may consider advisable, and in the absence of Spanish * sailors he
to the criminal liability which may be proper if a felony or misdemeanor may ship foreigners residing in the country, the number thereof not to
is proven. exceed one-fifth of the total crew. If in foreign ports the captain should
not find a sufficient number of Spanish *sailors, he may make up the
crew with foreigners, with the consent of the consul or marine Said sailor shall furthermore lose the wages earned on his first
authorities. contract to the benefit of the vessel for which he may have signed.

The agreements which the captain may make with the members of the A captain who, knowing that a sailor is in the service of another vessel,
crew and others who go to make up the complement of the vessels, to should have made a new agreement with him, without having
which reference is made in Article 612, must be reduced to writing in requested the permission referred to in the foregoing paragraphs, shall
the account book without the intervention of a notary public or clerk, be personally liable to the captain of the vessel to which the sailor first
signed by the parties thereto, and vised by the marine authority if they belonged for that part of the indemnity, referred to in the third
are executed in Spanish * territory, or by the consuls or consular paragraph of this article, which the sailor could not pay.
agents of Spain * if executed abroad, stating therein all the obligations
which each one contracts and all the rights they acquire, said ARTICLE 636. Should a fixed period for which a sailor has signed not
authorities taking care that these obligations and rights are recorded be stated, he can not be discharged until the end of the return voyage
in a concise and clear manner, which will not give rise to doubts or to the port where he enrolled.
claims.
ARTICLE 637. Neither can the captain discharge a sailor during the
The captain shall take care to read to them the articles of this Code, time of his contract except for sufficient cause, the following being
which concern them, stating that they were read in the said document. considered as such:

If the book includes the requisites prescribed in Article 612, and there 1. The perpetration of a crime which disturbs order on the vessel.
should not appear any signs of alterations in its clauses, it shall be
admitted as evidence in questions which may arise between the 2. Repeated offenses of insubordination, against discipline, or against
captain and the crew with regard to the agreements contained therein the fulfillment of the service.
and the amounts paid on account of the same.
3. Repeated incapacity or negligence in the fulfillment of the service to
Every member of the crew may request a copy of the captain, signed be rendered.
by the latter, of the agreement and of the liquidation of his wages, as
they appear in the book. 4. Habitual drunkenness.

ARTICLE 635. A sailor who has been contracted to serve on a vessel 5. Any occurrence which incapacitates the sailor to carry out the work
can not rescind his contract nor fail to comply therewith except by under his charge, with the exception of the provisions contained in
reason of a legitimate impediment which may have occurred. Article 644.

Neither can he pass from the service of one vessel to another without 6. Desertion.
obtaining the written consent of the vessel on which he may be.
The captain may, however, before setting out on a voyage and without
If, without obtaining said permission, the sailor who has signed for one giving any reason whatsoever, refuse to permit a sailor he may have
vessel should sign for another one, the second contract shall be void, engaged from going on board and may leave him on land, in which
and the captain may choose between forcing him to fulfill the service case he will be obliged to pay him his wages as if he had rendered
to which he first bound himself or look for a person to substitute him at services.
his expense.
This indemnity shall be paid from the funds of the vessel if the captain port or to the port of sailing of the vessel, as may be convenient for
should have acted for reasons of prudence and in the interest of the them.
safety and good service of the former. Should this not be the case, it
shall be paid by the captain personally. 4. If the agent or the charterers of the vessel should give said vessel
a destination other than that fixed in the agreement, and the members
After the vessel has sailed, and during the voyage and until the of the crew should not agree thereto, they shall be given by way of
conclusion thereof, the captain can not abandon any member of his indemnity half the amount fixed in case No. 1, besides what may be
crew on land or on the sea, unless, by reason of being guilty of some owed them for the part of the monthly wages corresponding to the
crime, his imprisonment and delivery to the competent authority is days which have elapsed from the date of their agreements.
proper in the first port touched, which will be obligatory on the captain.
If they accept the change, and the voyage, on account of the greater
ARTICLE 638. If, the crew having been engaged, the voyage is distance or for other reasons, should give rise to an increase of wages,
revoked by the will of the agent or of the charterers before or after the the latter shall be privately regulated, or through amicable arbitrators
vessel has put to sea or if the vessel is in the same manner given a in case of disagreement. Even though the voyage may be to a nearer
different destination than that fixed in the agreement with the crew, the point, this shall not give rise to a reduction in the wages agreed upon.
latter shall be indemnified because of the rescission of the contract
according to the case, viz: If the revocation or change of the voyage should originate from the
shippers or charterers, the agent shall have a right to demand of them
1. If the revocation of the voyage should be decided before the the indemnity which is justly due.
departure of the vessel from the port, each sailor engaged shall be
given one month's salary, besides what may be due him in accordance ARTICLE 639. If the revocation of the voyage should arise from a just
with his contract, for the services rendered to the vessel up to the date cause independent of the will of the agent or charterers, and the vessel
of the revocation. should not have left the port, the members of the crew shall not have
any other right than to receive the wages earned up to the day on
2. If the agreement should have been for a fixed amount for the whole which the revocation took place.
voyage, there shall be graduated what may be due for said month and
days, calculating the same in proportion to the estimated duration of ARTICLE 640. The following shall be just causes for the revocation of
the voyage, in the judgment of experts, in the manner established in the voyage:
the law of civil procedure; and if the proposed voyage should be of
such short duration that it is calculated at one month more or less, the 1. A declaration of war or interdiction of commerce with the power to
indemnity shall be fixed for fifteen days, discounting in all cases the whose territory the vessel was bound.
sums advanced.
2. The blockade of the port of destination or the breaking out of an
3. If the revocation should take place after the vessel has put to sea, epidemic after the agreement.
the sailors engaged for a fixed amount for the voyage shall receive the
salary which may have been offered them in full as if the voyage had 3. The prohibition to receive in said port the goods which make up the
terminated, and those engaged by the month shall receive the amount cargo of the vessel.
corresponding to the time they might have been on board and to the
time they may require to arrive at the port of destination, the captain 4. The detention or embargo of the same by order of the Government,
being obliged, furthermore, to pay said sailors the passage to the said or for any other reason independent of the will of the agent.
5. The inability of the vessel to navigate. salvage of the hull, but only on the portion of the freightage saved. If
they should have worked to collect the remainder of the ship-wrecked
ARTICLE 641. If, after a voyage has been begun, any of the first three vessel, they shall be given an award in proportion to the efforts made
causes mentioned in the foregoing article should occur, the sailors and to the risks encountered in order to accomplish the salvage.
shall be paid at the port the captain may deem it advisable to make for
the benefit of the vessel and cargo, according to the time they may ARTICLE 644. A sailor who falls sick shall not lose his right to wages
have served thereon; but if the vessel is to continue the voyage, the during the voyage, unless the sickness is the result of his own fault. At
captain and the crew may mutually demand the enforcement of the any rate, the costs of the attendance and cure shall be defrayed from
contract. the common funds, in the form of a loan.

In case of the occurrence of the fourth cause, the crew shall continue If the sickness should be caused by an injury received in the service
to be paid half wages, if the agreement is by month but if the detention or defense of the vessel the sailor shall be attended and cured from
should exceed three months, the engagement shall be rescinded and the common funds, there being deducted before anything else from
the crew shall be paid what they should have earned, according to the the proceeds of the freight, the cost of the attendance and cure.
contract, if the voyage had been made. And if the agreement had been
made for a fixed sum for the voyage, the contract must be complied ARTICLE 645. If a sailor should die during the voyage his heir
within the terms agreed upon. shall be given the wages earned and not received, according to
his engagement and the reason for his death, namely —
In the fifth case, the crew shall not have any other right than be entitled
to recover the wages earned; but if the disability of the vessel should If he should have died a natural death and should have been engaged
have been caused by the negligence or lack of skill of the captain, on wages there shall be paid what may have been earned up to the
engineer, or sailing mate, they shall indemnify the crew for the loss date of his death.
suffered, always reserving the criminal liability which may be proper.
If the engagement had been made for a fixed sum for the whole
ARTICLE 642. If the crew has been engaged to work on shares they voyage there shall be paid half the amount earned if the sailor died on
shall not be entitled, by reason of the revocation, delay, or greater the voyage out, and the whole amount if he died on the return voyage.
extension of the voyage, to anything but the proportionate part of the
indemnity paid into the common funds of the vessel by the persons And if the engagement had been made on shares and the death
liable for said occurrences. should have occurred after the voyage was begun, the heirs shall be
paid the entire portion due the sailor; but should the latter have died
ARTICLE 643. If the vessel and her freight should be totally lost, by before the departure of the vessel from the port, the heirs shall not be
reason of capture or wreck, all rights of the crew to demand any wages entitled to claim anything.
whatsoever shall be extinguished, as well as that of the agent for the
recovery of the advances made. If the death should have occurred in the defense of the vessel, the
sailor shall be considered as living, and his heirs shall be paid, at the
If a portion of the vessel or freight should be saved, or part of either, end of the voyage, the full amount of wages or the full part of the profits
the crew engaged on wages, including the captain, shall retain their due him as to the others of his grade.
rights on the salvage, so far as they go, on the remainder of the vessel
as well as value of the freightage or the cargo saved; but sailors who The sailor shall likewise be considered as present in the event of his
are engaged on shares shall not have any right whatsoever to the capture when defending the vessel, in order to enjoy the same benefits
as the rest; but should he have been captured on account of for the accounting book of the captain, and shall respect the latter in
carelessness or other accident not related to the service, he shall only his duties as chief of the vessel.
receive the wages due up to the day of his capture.
The powers and liabilities of the captain shall cease, when there is a
ARTICLE 646. The vessel with her engines, rigging, equipment, and supercargo, with regard to that part of the administration legitimately
freights shall be liable for the wages earned by the crew engaged per conferred upon the latter, but shall continue in force for all acts which
month or for the trip, the liquidation and payment ought to take place are inseparable from his authority and office.
between one voyage and the other.
ARTICLE 650. All the provisions contained in the second section of
After a new voyage has been undertaken, credits such as the former Title III, Book II, with regard to qualifications, manner of making
shall lose their right of preference. contracts, and liabilities of factors shall be applicable to supercargoes.

ARTICLE 647. The officers and the crew of the vessel shall be ARTICLE 651. Supercargoes can not, without special authorization or
exempted from all obligations contracted, if they deem it proper, in the agreement, make any transaction for their own account during the
following cases: voyage, with the exception of the ventures which, in accordance with
the custom of the port of destination, they are permitted to do.
1. If, before the beginning of the voyage, the captain attempts to
change it, or there occurs a naval war with the power to which the Neither shall they be permitted to invest in the return trip more than
vessel was destined. the profits from the ventures, unless there is a special authorization
thereto from the principals.
2. If a disease should break out and be officially declared epidemic in
the port of destination.

3. If the vessel should change owner or captain.

ARTICLE 648. By the complement of a vessel shall be understood all

SECTION IV Supercargoes

ARTICLE 649. Supercargoes shall discharge on board the vessel the