[21] At this point we begin with the beneficial customs of the sea

46-Material Contained in Succeeding Articles

Herein are contained regulations and beneficial customs of marine intercourse, which the well-informed people, having journeyed throughout the world, imparted to our predecessors who wrote them down in learned volumes, all of them relating to the proper customs to be followed ⁽¹⁾

In the material which follows one can learn in what way a patron of a vessel is obligated to the merchants, to sailors and passengers, and other persons aboard his vessel, and also what are the responsibilities of merchants, sailors, and passengers toward a patron of a large or a small vessel We call a passenger any person aboard the vessel who is required to pay for his transportation in addition to any charges for his cargo. ⁽²⁾

47-The Information That a Patron of a Vessel Should Make Available to His Partners When He Undertakes Construction of a Vessel

We begin. When a patron begins construction of a large or a small vessel and wishes to attract others to invest in this venture, he shall announce publicly how many shareholders he will accept, what will be [22] the dimensions of the vessel, its capacity, its width, length, and draught. ⁽³⁾

48-Concerning a Shareholder Who Refuses or Is Unable to Raise the Amount of His Subscription

If the patron of a vessel explained all these particulars to the prospective shareholders and they promised to raise the necessary amount of money, each shareholder is bound to subscribe in the amount that he had promised. If such a shareholder would not or could not fulfill his promise, the patron of such a vessel can force him to fulfill his obligation through legal means or he may borrow the amount which the latter had promised to invest in this venture. ⁽⁴⁾

Let us assume that the latter shareholder was to invest one-sixteenth of the total price of the vessel and actually was able to invest only one-thirty-second of the whole cost of the vessel (we can also think in terms of one-tenth or one-fourth); thus if the shareholder was to raise the amount mentioned but failed to do this, the patron of the vessel may borrow the amount the former lacks in order to complete the total which he had agreed to invest.

This article has been written so that the party who undertakes to build such a vessel should not begin the project if at such time he knows that the shareholders are going to refuse to raise the promised quota.

49-When a Shareholder Dies After Making Only a Token Payment on the Amount He Promised to Invest in a Vessel

If anyone had promised another person that he would share in the cost of constructing a vessel, and after making such a promise should die before the vessel in which he promised to invest should be constructed and outfitted, neither his heirs nor any other person who has the possession of the property of the deceased person shall be obligated in any way to the patron of the vessel, to whom the deceased person had promised participation in this venture, unless the deceased had in his last will or by some other method placed this obligation upon them.

[23] If, however, the deceased had made partial payments toward the amount he had promised to invest in the vessel and it should happen that this amount was sufficient to cover the whole amount of his promised participation, his share should be sold before the vessel is permitted to leave the locality in which it was constructed, regardless of the article which states that no vessel can be sold or placed on the auction block before it had completed a voyage.

This procedure is followed because a deceased person is not required to pay any attention, or follow any regulations, ordinances, or customs, unless before he died he had taken out a loan, accepted command of a vessel or had caused some injury. There is still another reason; specifically, on the day that a shareholder is dying all corporations in which he had interest are liquidated, it being known that such a shareholder will not be able to fulfill the promise by which he had pledged to invest a given sum of money.

50-When the Patron Changes the Dimensions of the Vessel Under Construction Without Consultation with the Shareholders

Let us now discuss a patron who after beginning construction of a small vessel orders that it be constructed larger in width, depth, and length and orders it built one-third or one-half larger than originally planned without any consultation with the shareholders. Let it be known that the shareholders are not obligated to anything more than was originally agreed to. Therefore, if the patron enlarges the vessel, the shareholders will have the same degree of claim to this vessel as if they had actually agreed to increase their investment for that purpose, with this exception, when the shipbuilder increases the dimensions of the vessel beyond the measurements given to him by the patron with the understanding of the shareholders.

If the patron wants to increase the size of the vessel, he should approach each of the shareholders and ask each of them to increase the amount of his investment and thus ascertain which of them agree and which disagree to the proposed changes in the size of the vessel.

Let us suppose that four of the shareholders disagree with six; since six are more than four, and nine more than eight, therefore this is done so that the disagreement of two, three, four, or five shareholders, if they constitute the minority, would not prevent the enlargement of a vessel. Thus the shareholders who would be opposed to the enlargement of the vessel in which they had promised the patron they would invest will be obliged to agree with the majority of the shareholders. All the shareholders thus must agree to this arrangement.

[24] 51-Degree of Obligation of the Shareholders When the Patron Wishes To Increase the Size of the Vessel

In conformity with what has been stated in the previous article, when the patron wishes to enlarge the vessel, he should notify all the shareholders of his decision; if they all agree he may enlarge the size of the vessel, in such cases there will be no difficulties. It was also stated that he may enlarge the vessel if the majority of shareholders agree, since a disagreement of four or five shareholders should not prevent the enlargement; it was not made known, however, what are the obligations of the shareholders who opposed this proposal and to what they are not obligated; thus disputes could arise due to this confusion.

Due to this and in order to avoid all disputes our ancestors proposed a solution which they adopted and formulated in the following manner: Even though the vessel can be enlarged without doubt by the agreement of the majority of shareholders, it is also necessary to include and consider the objection of the minority shareholders who expressed opposition, because there could be amongst them those who, finding themselves in a situation of being forced to subscribe a larger amount than they had estimated when the construction of the vessel began, would be forced to borrow money or to exchange or sell some of their property, which under many circumstances would not be profitable for them to do.

Such a procedure would be unjust, because very often a person buying a share does this on the basis of friendship with the person who is undertaking to build the vessel rather than from any expectation of profit; because of this it would be improper that such a person should suffer a loss. For the reasons stated above our ancestors who first traveled throughout the world decided and approved that such action would be inequitable.

Therefore, they stated and ordained that if a shareholder has opposed the enlargement of the vessel due to a lack of funds and had originally promised to invest one-eighth of the amount necessary to build the vessel, he will be obligated to invest only one-sixteenth of such an amount and the patron of the vessel cannot demand any more than that amount from him. This is allowed because the shareholder cannot fulfill this obligation due to the fault of the patron and not due to his own failure, since he was opposed to the enlargement of the vessel. Because of this the patron of the vessel cannot force him to increase his investment in the vessel.

In such circumstances the patron must find other shareholders who would be able to invest the amount which the original shareholders are incapable of doing. This solution is very beneficial to the patrons [25] of the vessels because it does not completely release the aforementioned shareholders from all responsibility, and was adopted in order that it would not bankrupt the patrons of vessels; for there is no reason that someone should have more right to the wealth of his fellow being than the one to whom such wealth belongs, or to the amount of money he had pledged to invest.

Nevertheless , if the shareholders who lodged the protest constitute the minority, but are able to invest the full amount without suffering any damage, the patron of the vessel to whom they made the promise of investment will be able to force them to fulfill their promise according to the procedure established and foreseen in the previous article. It is, therefore , proper that in all circumstances the voice of the majority be decisive.

For the reasons enumerated each patron of a vessel should be very careful, when attempting to build a vessel, to proceed in such manner that no disputes will arise for any reason between him and those who agreed to purchase shares in the vessel.

The above explanation was included herein in order that this matter would be properly interpreted.

52-When the Shipwright Arbitrarily Enlarges the Vessel

If a shipwright proceeds to enlarge the size of the vessel contrary to the agreement reached with the patron, he must pay half of the cost of enlargement and will also forfeit the wages due him for the time he spent in enlarging the vessel.

In addition, the shipwright is required to furnish each of the shareholders with the specifications agreed upon with the patron of the vessel and also explain the steps in the construction of the vessel, whether the vessel is constructed poorly or soundly.

53-Mutual Obligations of a Shipwright or Contractor and the Patron

Every shipwright or contractor working for a patron in building a vessel shall work expertly and industriously and shall in no manner lower the quality of his labor. If the shipwrights and contractors are doing their work well and efficiently and are capable of building the vessel ordered, or even a larger and better vessel, the patron who engaged them and entrusted them with the work undertaken and begun by his direction cannot discharge them during the period of the construction of the vessel even if he had some misunderstanding with them. Since they are doing everything connected with the construction of the vessel well and properly, the patron cannot discharge them because of some dispute even if he could find others who would [26] agree to construct the vessel at a lower price; while the builders cannot stop work, desert the patron, or abandon the project until they finish the job, as they are capable of completing the task and are even capable of completing a bigger and better vessel.

If the patron of the vessel would discharge them from the responsibility of finishing it, even though they are capable and proficient and have done all the work necessary in connection with the construction of the vessel conscientiously, no other contractor shall accept this job unless the patron of the vessel under construction had reached an agreement with the master shipwrights who began the construction of the vessel.

The new contractor should not accept the patron's account of this matter but receive the consent of the masters who began the construction of the vessel.

If the original contractors agree to such a proposal and relinquish the work, then and not earlier may the new masters undertake the construction and begin their work; if they should undertake the job before the original contractors quit it and give their consent for others to finish it, they would by such action indicate contempt and unfriendliness toward the shipwright who undertook the task originally and actually indicate that they are glad of the misfortune that had befallen the others. Everyone should avoid as much as possible causing any misfortune and evil, since there is enough of this as is.

In addition, the patron of a vessel should avoid at all costs being an instrument of misfortune to the masters whom he had selected himself and who by his direction will begin to work for him, and if they perform their work well and conscientiously, whatever that task may be, he should allow them to complete the undertaking.

If, however, the shipwright and his coworkers who undertook the task are not proficient and do not know how to proceed with their work, the patron of the vessel under construction may release them from their responsibility, and in their stead hire others capable of completing the undertaking. The newly engaged shipwrights capable of building the vessel will not be required to get the consent of those whom they replaced because the former were incapable of proceeding with the work and unable to complete the undertaking. Furthermore, those who claim to be shipwrights and contractors and undertake a job but are incapable of finishing it and in that manner defraud people will be forced to reimburse the party who entrusted them with the job for all the losses and damages which he suffered because of their irresponsibility.

Every shipwright and every contractor must carefully decide what kind of work he can undertake and which kind he cannot. If, as a result [27] of a poorly completed work, the patron of the vessel would have to pay damages to the merchants or suffer other losses, the shipwrights who failed to complete the work satisfactorily will be forced to reimburse him for the damages he paid the merchants and other losses which he suffered due to their inferior workmanship.

If they are without any means to pay for such damages, they shall be imprisoned and delivered to the judicial authorities who will detain them until they refund to the patron of the vessel all the losses which he suffered due to their negligence, because their action was tantamount to an act of robbery or as if they had taken something surreptitiously from his home.

The patron of the vessel is required to give to every master shipwright working on the vessel, in addition to the wages agreed upon, one penny per day for bread and wine unless they freely agree to collect this sum every Saturday. This will depend on the disposition of the shipwrights because the patron cannot force them to accede or refuse to do this.

If a master shipwright undertakes some work for a patron without having reached an agreement as to the amount of his remuneration, the patron will have to pay him the minimum wage paid other shipwrights who are engaged in construction of vessels, depending on the time of the year and other conditions prevailing in a particular nation.

Similarly, every shipwright and contractor who is paid daily for his labor or will be paid an agreed sum for the completed work must take care to perform his work skillfully and conscientiously in order to avoid the penalties stated above.

This article was written to prevent shipwrights and other workers from doing inferior work if they knew that no penalty awaited them for this, but also to protect them from damages; this penalty was decided upon in order that each worker would make certain what kind of work he is capable of doing before undertaking it.

54-When Shipwright and His Coworkers Undertake a Job Under Contract

If a master shipwright or a contractor undertakes some work for an agreed sum of money, he shall be bound to pay all the coworkers working on the vessel which he had contracted to complete. If the shipwrights employed by him are unaware that he contracted to build this vessel for an agreed sum of money, he must inform them of the details for the following reason: having not been informed of these arrangements, they would be cheated, if their employer was a cheat or a squanderer, or had no money to pay them their wages.

[28] If the patron of the vessel under construction did not inform the workers of these arrangements, that is, that the master shipwright had undertaken the construction at a stipulated price, and the latter refused to pay them or lacked the means of paying them their wages, the workers can force the construction of the vessel to be held up until they are paid their wages as well as all the damages, losses, and expenses which they suffered. If the patron had explained to them that the job was undertaken on a contractual basis, and they understood this, they will not be able to halt the work later on whether the contractor pays their wages or does not pay their wages, because the patron had informed them before they undertook to work that the construction was undertaken on a contractual basis.

Furthermore, if the patron had informed the masters who are about to undertake the work that he will pay them when they have completed the job, and they proceed with it upon his demand, believing what he told them, he will be required to pay them as he had promised; and if the masters fail to pay the other workers or are unable to pay them, regardless of the fact that these master craftsmen were paid the full amount they were promised or if they were not paid, the patron will have to pay those workers who have wages due them, even if he had some money coming to him in rebate from the general master shipwright who had undertaken this job. It is only proper that these workers be paid because they undertook to work upon the guarantee made to them by the patron of the vessel. If he had not made such promises to them, they would not have undertaken this work and would have looked somewhere else for a job. Let, therefore, every patron beware, whether he engages people on contractual basis or for a daily wage, because whether he wishes or not, he will be required to keep his promise.

If a master shipwright or his coworkers, who had accepted an undertaking on a contractual basis, and agreed with the patron that they will have completed the work on a certain day or in a specified time, and the two contracting parties insert a penalty clause in their contract, if the work is not completed at the agreed time, the patron has a right to demand that they pay the penalty agreed to without any opposition. If, however, they had not established any such penalty clause, the builders will nevertheless still be compelled to reimburse the patron for any losses which he suffered or will suffer due to their inability to complete the work on time, the amount of damage to be ascertained by him under oath, but only if this damage has resulted due to the carelessness and inability of the shipwrights. If the delay did not result from their carelessness and inefficiency, it would not be just that they pay any damages or even an agreed penalty since [29] they were not guilty of bad faith. Occasionally there occur interruptions in work due to the will of God or justice; for such delays no one can be held responsible and there is no reason why anyone should be punished.

If, on the other hand, the patron refuses to pay the master workmen the agreed amount and they suffer some damage or expenses because of this , the patron will become responsible to them in the same degree as they were to him. This is only just and in conformity with logic.

55-When a Shareholder of a Vessel Desires To Sell His Shares

It should also be made known that if any shareholder wishes to sell the shares which he has in a vessel, he must first notify the patron of the vessel of his intentions; the prospective purchaser of these shares must do likewise . If the patron refuses to agree to such a proposal, the new shareholder cannot take possession of these shares until the vessel has completed a voyage. This procedure is followed because the original shareholder, through maliciousness, could by this transaction cause the patron of the vessel to be removed from his position. For the same reason the shareholders cannot force a sale of the vessel, if this be contrary to the wishes of the patron of the vessel, until the vessel has completed the journey. After the journey has been completed, the vessel can be put up for sale upon the demand of the shareholders or the patron. The shareholder must under all circumstances leave the choice to the patron: whether to sell his share or buy the share of the former; this choice resides within the patron unless the vessel is placed on sale at a public auction.

This article was written because the patron devotes much labor and experience to the difficult task of undertaking construction of a vessel, which would have not come into being had he not undertaken the task.

56-Procedure Followed in Auctioning Off the Vessel When the Patron and the Shareholders Will Be the Only Bidders

It was stated and proclaimed in the last article that a vessel cannot be sold until it completes a journey. This pertains to a newly constructed vessel, as well as to a vessel bought in common with the knowledge and approval of all or the majority of the shareholders. It was also stated that every shareholder must allow the patron of the vessel priority bid in order that he be able to acquire the shareholders' interest in the vessel, or that the patron has the right to sell his share first if the vessel is not offered for sale at a public auction. Thus [30] it should be understood that there is no logical or important reason that one or two shareholders through thoughtlessness or being blinded by their own wealth could force a public auction of a vessel, in which they have a share, if the patron is opposed to this. It is only proper that this should not be allowed to happen. Why? Because often a great majority of patrons of vessels are forced to raise a larger sum of money than they anticipated when the construction of the vessel was undertaken; in such circumstances it should be concluded that these patrons do not have any more money and do not even have a possibility of getting additional loans. There is still another reason, namely, the patron experienced much trouble, pain, and anxiety, and also much discomfort during the period of time that the vessel was under construction. It would not be just and there is no reason that due to malicious disposition of one or two shareholders or because of their misunderstanding with the patron, the shareholders could bring about a public auction of a vessel, and thus, as stated above, they could completely get rid of the patron of the vessel and cause great damage to him, so that he would be completely ruined, or at least lose the greater portion of his wealth while the shareholders would actually not increase their wealth through such course of action. Therefore it is just that neither one or two shareholders should be able to force a public auction of a vessel contrary to the wishes of the patron of the vessel, as has been reasoned above.

If, however, a vessel has completed a voyage, as was stated above and the majority or all of the shareholders wish to sell the vessel or offer it for sale, they will be within their rights to do this, and the patron of the vessel shall not oppose them unless there had been some other agreement made between them or some promise made to him. If there is no such agreement or promise, the vessel can and may be placed on sale. This means that the shareholders have the right to force the patron or demand that he be forced by the courts to a sale at public auction, since this is in agreement with law, logic, justice and custom. If, however, in any such issue there should be a difference of opinion, it should be decided by the will of the majority; for the will of the majority and not that of the minority ought to be followed. Therefore, if the majority or all of the shareholders wish to sell the vessel in opposition to the patron, the latter must agree to the sale on these conditions: that he whoever offers most will acquire the vessel.

If, however, the majority or all of the shareholders do not wish to attempt to sell the vessel, the patron of the vessel is not required to agree with the minority unless he would so choose. Above all, it should be remembered that if one, two, or three shareholders wish [31] to sell their shares to the patron, or force him to sell his shares to them, this shareholder or these shareholders should make the following declaration to the patron of the vessel: "Either you will give us such an amount for our shares or we shall give you such an amount for your shares."

The aforementioned shareholders can force the patron of a vessel to submit to this whether this agrees or disagrees with his sentiments. Actually the patron of a vessel has a right of choice, unless this has been circumvented by some prior agreements, protocols, or pledges.

Similarly, the patron of a vessel can force the shareholders to a sale of a vessel by the same means and methods as the shareholders can use to force the patron to sell the vessel.

If there is an agreement between the patron of the vessel and the shareholders to place the vessel on sale by auction, all of them are considered shareholders in common, unless there was a specific and, explicit understanding between them that one of them would have a priority right to the purchase of the vessel.

Likewise, when there is an auction held, and the interested parties have reached an understanding that they will allow the bid to the one who makes it first, this priority will have to be honored. If there has been no such commitment made or a promise made that someone will be allowed a priority bid, no one will be bound to recognize a right to a prior bid by anyone else unless he wishes to do so.

This article was written for the reasons given above.
 

57-Selection of a Clerk, His Oath of Office, His Obligation To Faithfully Fulfill the Duties of His Office, and His Punishment for Malfeasance of His Office

The patron of a vessel may, with the approval of its shareholders, hire aboard the vessel a clerk, provided he is not related to him. ⁽⁵⁾ The patron will demand that the clerk take an oath of office in the presence of the sailors, merchants, and shareholders, if the latter are aboard the vessel, that he will be equally loyal and obedient to the merchants, patron of the vessel, sailors, passengers, as well as all other persons aboard; that he will keep the register; ⁽⁶⁾ that all the [32] entries he makes in the register will conform to truth; and that he will keep account of what is due each person under the law.

If such records are not kept by a clerk but by some other person, nothing contained within shall be accepted with any degree of authenticity. If the clerk should make any false entries in this register, his right hand shall be cut off; he will be branded on his forehead with a hot iron; and all his possessions shall be confiscated whether he or some other persons had made such false entries in the register.

58-Authority and Functions of the Clerk

The ship's clerk has the following authority: The patron of a vessel cannot without his knowledge and presence load aboard the vessel any cargo, and no sailor may unload, relocate, or release any cargo without his approval. If there should be anything lost or missing aboard the vessel, be it a chest, a bale, or other merchandise or for that matter any item whatsoever, which the clerk had entered into the register, or which had been taken aboard in his presence, he will have to pay for it. If the clerk does not have the means with which to reimburse the aggrieved party, this damage must be paid for by the owners of the vessel even if it were necessary to sell the vessel to repay the damages, setting aside, however, enough money from the proceeds of the sale to pay the wages due to the crew.

The clerk has the authority to buy and sell all sorts of items and especially chains, foodstuff, ropes, and all other marine supplies without the knowledge and approval of the patron of the vessel; however, when it is necessary to equip the vessels with sails, he must form and get the approval of the patron of the vessel and the patron must inform and get the approval of the shareholders who are aboard the vessel, before this purchase can be made. If the shareholders should refuse his request, he may do it contrary to their will because sails are an essential part of the equipment of the vessel.

59-Security of the Ship's Register

In addition, the patron of the vessel will require that the clerk take an oath that he will not sleep ashore while the vessel is moored without taking the keys of the chest in which the register is kept; and that he will never keep the said chest unlocked, subject to the above described penalty.

60-Concerning the Rights of the Patron, the Clerk, the Shareholders, and of the Confidence That Should Be Credited to the Authenticity of Entries Made in the Register

[33] The owners of the vessel shall reimburse the patron and the clerk for the money expended for the purchase of food and beverage aboard the vessel, in addition, they must reimburse the clerk for his footwear and for the ink, paper, and parchment which he will use The patron of the vessel should receive at least as much as any other member of the crew who is capable of navigating the vessel. He has the right to free freight equal to the amount of his wages ⁽⁷⁾ as part of his remuneration, and the clerk will be compelled to allow him this privilege, and enter this cargo as well as the cargo carried by other members of the crew under free freight in the register. If a shareholder would also be a member of the crew, the patron shall demand a statement under oath from the helmsman regarding the wages that should be paid him and that the patron must pay him, however, if in the opinion of the patron the former should be paid more than the helmsman decided, he may pay him more

If the wages of the clerk have not been predetermined before the voyage is undertaken, he should be paid the amount generally paid clerks and officers of the deck; if, however, the patron wishes to increase the amount, he may do so. ⁽⁸⁾

The patron of the vessel can demand an accounting from the clerk of the vessel at any time, regardless of whether the clerk is related to him or not. The patron of a vessel cannot engage one of his relatives as a clerk without the express approval of the shareholders or merchants. If the clerk has disgraced himself by making false entries in the register or by stealing, a patron cannot engage such a clerk whether or not he is related to him

In addition, the clerk shall make an accounting to the shareholders every time they demand it, whether he is leaving his position or is remaining in their service aboard the vessel. The clerk is required to give an accounting to each shareholder of everything which he took aboard from him as cargo under the bill of lading, and also of what he spent, sold, and bought.

The clerk may demand a deposit of money to be held in escrow equal to the amount due for lading and other expenses connected with the cargo carried for each merchant and shareholder, also for passengers and sailors, as well as all other persons required to pay freight for cargo belonging to them, for which he must be reimbursed. ⁽⁹⁾[34] All the sums expended for wages of the crew and other expenses must be entered in the ship's register. The register is more authentic than a privately kept account book because the entries in the register cannot be questioned, whereas those accounts which are privately maintained can be. Everything, however, which is entered into the register must be above reproach and shall be written in it with this provision, that when the entries are being made, the vessel is moored or that the clerk while making entries in it was on shore. ⁽¹⁰⁾

61-Responsibility of the Patron of a Vessel Toward Merchants and Passengers

If you wish to learn of the responsibilities of the patron toward the merchants aboard his vessel, you will learn about them now. The patron of a vessel is required to protect and guard the merchants, passengers, and all other persons who are aboard, whether they be commoners or persons of title and rank; aid them to the best of his ability against all persons of evil intent; also protect them from pirates and privateers and all others who may want to injure them.

Furthermore, the patron of a vessel is obliged to protect and guard their cargo and their other possessions in the manner described above.

In addition, he exacts an oath from the helmsman, officers of the stern deck, shareholders, sailors, and others aboard -- all those who receive any remuneration aboard the vessel -- that they will act with unanimity with all their power to protect and guard the merchants and their property and all the rest who are aboard the vessel; that they will not carry malicious gossip; that they will not seek disputes and provocations; and that they will not steal from anyone among those mentioned. Finally, that they will not take anything off the vessel or bring anything aboard the vessel without the knowledge of the clerk or the helmsman, and that they will not take anything off or place anything aboard the vessel at night or during the day without the knowledge of the helmsman or the officer of the guard.

[35] 62-An Oath Required of the Helmsman

The patron must administer an oath to the helmsman similar to the oath taken by the sailors, but, in addition, the oath will include a promise that he will truthfully answer all the questions asked by the merchants, and that he will not navigate to, arrive at, or depart from any port without their approval.

The helmsman is, however, authorized to do anything else, after a conference with the officers of the stern deck, such as cutting down of masts , furling or unfurling of sails, changing the course of the vessel, and doing everything else which will be to the benefit of the vessel, with these qualifications that he is sufficiently well trained in his profession, that he knows when to set and when to furl the sails, rearrange the cargo, quickly clear the decks, and maneuver the vessel about in order to gain the advantage over an enemy vessel.

If he is not proficient in doing these things, and there is aboard the vessel an officer of the guard or an officer of the stern deck capable of doing these things , the helmsman should be removed from his position and replaced by such an officer.

If the helmsman, however, is proficient in his trade, all the provisions of the agreement made with him should be carried out. If the patron of a vessel should want to discharge the helmsman because of some prejudice on the part of the patron, he may do so provided the helmsman has received his wages. If he has not, the patron must pay him his wages before he can be discharged.

A helmsman who is incapable of performing the duties of the position which he has assumed, as has been stated herein, must assume all the expenses and damages which resulted to the vessel due to his ignorance or inability to perform his task properly. The helmsman, if he is in good health, should sleep fully clothed; he is required to help the crew to get the vessel ready to venture safely into the open sea and to get the vessel ready to sail without any delay. He must be loyal in the same degree to the merchants, the patron, sailors, passengers, as well as to all others with whom he has any relations.

63-Damage to Cargo Resulting from Improper Storage or Other Kind of Negligence

The patron and the helmsman should not store or order the cargo to be stored in a damp place, or store crates, chests, or bales of cargo in such a manner that damage would result to the cargo. It should not be stored near the masts, near the steering wheel, on the bottom of the vessel, in the prow of the vessel or in any other place where some damage would result. In addition, the patron of a vessel [36] is responsible to the merchants for many other things. If their cargo aboard should become waterlogged due to improper storage, or through seepage in the deck around the openings for the masts, or from leaks in the bottom of the vessel, or through the openings around the steering wheel, or through the anchor chain openings in the prow of the vessel, or by storage of cargo in unprotected areas of the vessel, or, finally, due to the lack of proper pitch and tarring of the vessel, the patron, if he has sufficient means, must pay for all of the damage which the merchants may suffer due to water seepage. If the patron of the vessel is unable to pay the damages, the vessel must be sold to satisfy these claims, and neither the shareholders of the vessels nor any of the loan makers who advanced money for this voyage can make any priority claims. The only exceptions are the crew who cannot be deprived of their wages.

64-Waterlogged Cargo

The patron of the vessel is required to pay for the damage caused to the cargo aboard the vessel due to dampness caused by seepage through the deck, through the portholes, or due to lack of proper protection of the cargo from the elements.

If, however, the cargo was damaged because the decks were swamped by heavy seas and not because there was seepage through the deck which was properly tarred, the patron is not obliged to pay for the damages to the cargo.

65-Further Explanation of the Above Article

In the previous article it was stated, explained, and written that if a vessel was swamped by heavy seas and the cargo was waterlogged and damaged, the patron of the vessel was required to pay all the damages suffered by the merchants through this mishap.

This should be understood to mean the following: If a vessel is sailing through a storm so severe that it will swamp the vessel and the cargo aboard will become waterlogged and damaged, the patron of the vessel will not be held responsible for the damage to the merchants or to whomsoever the cargo may belong, because the damage did not result from any negligence on his part.

This article is written because no one can circumvent the will of God and the power of the sea and wind. For the same reasons, if bad weather causes damage to the steering gear, steering rods, sailing yard, sails or other equipment, and the cargo aboard the vessel is damaged due to the ravages of the storm, or due to waterlogging, the patron of the vessel cannot be held responsible for such [37] damage, because none of this damage occurred due to his negligence.

66-Additional Data on Waterlogged or Damaged Cargo

In agreement with what has been stated above, the patron is released from all responsibility for the damages to the cargo which has been waterlogged or damaged by water if the vessel was swamped by high seas. Our predecessors wanted to explain the circumstances stated above, that if the deck of the vessel is swamped in spite of the fact that it was well tarred, the patron will not be held responsible for the resultant damages to the cargo if a vessel is swamped by high seas.

In order to avoid all disputes between the patron and the merchants over these matters, our ancestors , in order to explain what they meant by proper pitching and tarring of the vessel, stated the following: If the deck of the vessel was tarred up to the deck rail or above it, and also up to or above the openings for anchor chains, the patron of the vessel cannot be held responsible for the damage or waterlogging of the cargo, even if the water seeped through the deck.

Why is this so? Because when the merchants hired the vessel they should have assured themselves that the vessel was water tight; and also because if they had discovered that the vessel leaked through the upper deck, and did not say anything about this to the patron of the vessel, the patron cannot be held accountable for the consequences.

If, however, the merchants informed him about it and made sure that he understood them, he shall be held responsible for all the promises made and obligations undertaken relative to the safety of their cargo. Further: If the deck of the vessel was tarred to below the base of the deck rail and the vessel is swamped through the upper deck, the patron will be held responsible for all the damage due to waterlogging of the cargo from whatever causes, and this is due to the fact that if the base of the deck rail is intended to strengthen the vessel, it is also there to be tarred.

From the above reasoning our ancestors issued this embellishment and this explanation in order to prevent any disputes between the merchants and the responsible individuals who sail the seas and who are in command of vessels.

67-Cargo Damaged by Rats or Lost Through Other Causes

If any property or merchandise aboard the vessel is damaged by rats, and there is no cat kept aboard the vessel, the patron is held responsible for the damages.

Any goods or possessions loaded aboard the vessel and entered in [38] the ship's register, which are subsequently lost, will be the responsibility of the patron of the vessel and its owners must be compensated by him for their loss. ⁽¹¹⁾

68-Merchandise Damaged Aboard the Vessel Due to Lack of a Cat

If any merchandise or cargo is damaged by rats while aboard a vessel, and the patron had failed to provide a cat to protect it from rats, he shall pay the damage; however, it was not explained what will happen if there were cats aboard the vessel while it was being loaded, but during the journey these cats died and the rats damaged the cargo before the vessel reached a port where the patron of the vessel could purchase additional cats. If the patron of the vessel purchases and puts aboard cats at the first port of call where such cats can be purchased, he cannot be held responsible for the damages since this did not happen due to any negligence on his part.

69-When Cargo is Damaged Due to Storage in a Damp Place

Further, if the patron stores the cargo in a damp place without taking proper precaution, he should be required to pay all the resulting damages.

70-Proper Protection of Cargo

A patron of a vessel should not protect the cargo of one merchant from spoilage at the expense of the cargo of another merchant. If he should do this and the cargo used to protect another cargo stored underneath it should be damaged, he will be required to pay the damages.

71-Explanation of the Article Above

The patron of a vessel should not protect the cargo of one merchant at the sacrifice of another's cargo; if he does this and the cargo of the merchant used to protect the cargo of another was damaged by placing it on top of other cargo, the patron shall pay the damages for the damaged cargo.

It was not stated, explained, or illustrated, however, that the patron of the vessel should not use the cargo of one merchant to protect the cargo of another; if he does this and the cargo used for this purpose suffers damage, he will be responsible for all the damages. For [39] this reason and in order to avoid all disputes between the merchants and the patrons of vessels, our ancestors, who first began to circumnavigate the world, wished to give the following explanation:

If all or part of the cargo which the merchant loaded aboard the vessel is heavy, and the patron of the vessel takes steps to protect the cargo of only one of the merchants and the cargo of the other merchants be damaged, he will be held responsible for all the damages.

However, if aboard the vessel there is heavy cargo belonging to one merchant (and the rest of the cargo belonging to the other merchants is packed in large crates) even though the heavy cargo was stored at lower levels and has been damaged, the patron cannot be held accountable for the damage, if the vessel was properly tarred and the water did not seep through the deck or the portholes to cause the damage. This is because it is proper and has been customary to store all heavy cargo at the lower deck of the vessel. Why is this so? In order to make the steering of the vessel easier, as it would be dangerous and harmful to the vessel to store the light cargo requiring large storage place at the lower level and the heavy cargo at the upper level, because this would make the vessel top-heavy and in danger of sinking, and it would be impossible to navigate the vessel properly.

However, if all or some of the merchants had heavy cargo aboard, the patron should store this cargo on the lower decks proportionally, keeping in mind the way to avoid suffering any losses, as has been stated above.

For the above reasons our ancestors brought about these changes and these explanations, in order to avoid disputes, dissatisfaction, cheating, and fraud between the patrons of vessels and the merchants who travel throughout the world.

72-Cargo Waterlogged While Being Loaded or Unloaded

You should know that when a bale or a chest becomes waterlogged while being loaded or unloaded, the patron of a vessel will not be held responsible.

In all instances where damages have to be paid, of which we have spoken or will speak about in the articles related to marine matters, the patron of the vessel is obliged to pay his share of the damages the vessel must bear, and every shareholder must likewise pay his share, as the vessel actually must pay the whole amount of the damage.

73-Loading and Unloading of Cargo

[40] You should also know that the patron of a vessel is required to load and unload the cargo, if he agreed to do so with the merchants; if, however, he has not made such an agreement, the merchants must make arrangements with the sailors (it should be understood, that is, if they are located on an uninhabited seashore) as to the loading and unloading of their cargo.

74-Responsibility of the Sailors While Loading the Vessel

The crew is obliged to carry the cargo up to the gunwales but is not required to store the cargo, if the patron did not promise this to the merchants. However, if he had made them such a promise, he should also reach an understanding about this with the crew and ascertain whether the crew will agree to do this.

Nonetheless , if the patron finds himself on some uninhabited shore with his vessel, and the merchants cannot find any people who would perform this task, the sailors are required to load and unload the cargo, but must receive for this service additional remuneration commensurate with the wages which would have been paid to those who would have performed this task, the amount to be determined by the navigator of the vessel.

This article was written in order that neither the patron nor the merchants would undertake a voyage fruitlessly; however, if it is possible to find people who will unload the vessel, the sailors should not be required to do this work.

75-The Vessel's Cook and the Provisions a Merchant Takes Aboard

The patron is required to provide the merchants with personnel capable of properly storing their cargo, if necessary with the aid of winches, but the merchants must pay them for this work. In addition, the patron is required to take aboard their personal effects, sea chests, crates, and stores of provisions for each merchant. If a merchant or a person on his staff should wish to load on provisions or other merchandise which he intended to sell aboard to the crew, he is required to pay the customary lading charges on such merchandise.

76-Required Accommodations Which Must Be Provided for a Merchant Aboard the Vessel

The patron must assign proper quarters aboard the vessel to each merchant; the navigator will summon the merchants, and in the presence of the clerk he must assign the best accommodations to the merchant who is paying the highest amount of lading charges.

77-Accommodations for Merchant's Servants

[41] The patron of the vessel is required to transport the sea chests and the bedding of the merchant, as well as a servant or companion, who is essential to his successful undertaking of the voyage, and must also provide sleeping accommodations for the servant. If the merchant is paying very low freight charges, that is to say, if he is going to Acra, Alexandria, or Armenia, or in that general location, and is paying less than twenty silver pieces in freight charges on his cargo ⁽¹²⁾ the patron of the vessel is not required to transport his sea chest, nor his servant or companion, unless the merchant pay the proper charges for their transportation; and the merchant himself is not entitled to free accommodations.

78-Explanation of the Preceding Article

If the vessel is bound for the Barbary Coast or for Spain, or is returning from these locations, and the merchant is paying less than twenty-four gold pieces for the freight charges on his cargo, the same procedure should be followed as mentioned above.⁽¹³⁾

79-Stolen Provisions

The patron must pay full damages for any provisions stolen aboard the vessel by one of the sailors.

80-When a Merchant Delays the Sailing Date of a Vessel

The patron of a vessel should delay the sailing date to wait for a merchant who has been detained by certain obstacles. If a merchant after having paid lading charges on his cargo has it unloaded from the vessel because of some fear of danger or because of export restrictions, the patron of the vessel is not required to refund him the freight charges. However, if circumstances change and the situation is favorable for the shipment of these goods, the patron of the vessel should transport these goods within a period of two months to the originally agreed upon destination.

81-Merchant Who is Fearful to Undertake a Journey

[42] A merchant who had his merchandise loaded aboard the vessel but due to fear of the enemy, that is, fear of the enemy navy or pirates, wishes to have his cargo unloaded, may do so, if the rest of the merchants who have shipment aboard wish to do likewise, whether or not the probability of danger has been ascertained. If only one merchant entertains such fears, but the majority of merchants do not withhold their shipment, the merchant who refuses to ship his cargo must pay the lading charges due on his goods or must negotiate a new agreement to the satisfaction of the master of the vessel.

82-Unloading of Cargo of a Merchant Who Refuses to Ship It Due to Some Fear of Danger

If it is ascertained that a merchant is justified in fearing some enemy vessel, the patron of the vessel must unload his merchandise whether or not he has paid the lading charges. However, if the object of fear no longer exists, the merchant should reload his cargo aboard the vessel if the patron of the vessel demands it. If in the meantime the merchant has sold this cargo and will not ship it aboard the vessel as originally contracted, he must negotiate another agreement with the patron and pay the lading charges which he would have paid shipping other merchandise per hundred weight. This is proper because the patron of the vessel incurred expenses for feeding the sailors, paying their wages, and paying for other expenses.

83-Obligations of a Patron to the Merchant Who is Shipping Goods Per Hundred Weight

If a merchant engages a vessel to ship goods by hundred weight, this is to mean, that he has agreed to load aboard an agreed number of quintals of goods , the patron is obliged to accept a quarter more quintals of merchandise than originally contracted for; in this manner, if the merchant contracted for a shipment of three hundred quintals of goods, the patron must accept four hundred quintals provided that the merchant will reach an understanding as to the increased shipment in sufficient time.

If, after the time agreed upon to load the cargo has passed and the merchant who had engaged the vessel to ship his cargo has failed to load this cargo aboard, the patron of the vessel may take on cargo of other merchants in order to carry a full load. If a merchant after making arrangements to ship a given amount of cargo withdraws from such an agreement, and this agreement was made in writing or in the presence of witnesses, or it has been entered into the records of the ship's register by a clerk who had taken the oath of his office, the [43] merchant must reimburse the patron of the vessel for all the expenses and costs connected with the proposed shipment of cargo, provided he withdraws from the contract before the cargoing of the vessel begins.

If such a merchant should attempt to withdraw from such an agreement after the cargoing of the vessel begins , he will be required to pay half of the agreed lading charges without any opposition, and the patron will have to pay half the wages due to the crew, provided that the sum equal to half the amount of the freight fees which the vessel would be paid if it carried full cargo had been paid to its master.

The master of the vessel shall equip it with the necessary sails and other equipment in accordance with the promise given to the merchants, and be ready to sail on the date agreed to with them.

The merchant must pay the agreed cargo charges without any delay or hesitation, and the master of every vessel has a right to withhold sufficient amount of the cargo from the merchant, equal in value to the amount due for the transportation of his cargo, if he fails to pay the lading charges due.

84-Breach of Contract by a Merchant

If a merchant who has agreed to ship a certain amount of cargo or a given number of quintals of merchandise, or who has agreed to supply all the cargo which the vessel is capable of carrying, refuses to deliver such a cargo to the vessel, whether it be a given number of quintals or quantity of bulk merchandise, but does this before such cargo is at the loading site, he is required to reimburse the patron of such a vessel only for the expenses connected with the proposed voyage.

If it should happen that the merchant delivered the cargo to the loading site or pier, whether all or most of the cargo, and then decided not to ship this cargo nor to undertake the voyage, he will be required to pay the patron of the vessel one-third of the estimated amount of the cargo fees he would have paid had he shipped the amount of cargo he had promised.

To continue: If the latter merchants have decided against making the journey after loading aboard part of their cargo, they shall pay the patron of the vessel one-half of the agreed lading fees; similarly, if they loaded aboard all their cargo, which they had intended to load aboard, and they decide to forego the journey before the vessel has unfurled its sails, they shall also be required to pay half of the agreed lading fees.

[44] If, however, the vessel upon which they had loaded their cargo had already unfurled its sails, and then they demand to withdraw from the voyage, they shall pay the master of the vessel the full amount of the transportation fees agreed upon.

Furthermore, everything stated above must be carried out without any opposition.

Further, it should be borne in mind that there shall be no attempt to cheat or defraud anyone in the situation described above, by which the merchants would want to withdraw from an agreed voyage in which they had promised to participate by shipping a specified number of quintals of cargo, or capacity of vessel cargo on which the shipping charges had been paid. If a patron of a vessel can prove that trickery or deceit had been used by the merchants in withdrawing their shipment of cargo, the merchants shall be required to pay the full agreed sum or reach a new agreement with the patron, provided he consents to it.

It is proper indeed, that as the patron of the vessel be held responsible for his obligations to the merchants, they too must keep their promises to the patron, unless they could justify their actions by some well-established custom, as has been pointed out above.

85-Concerning a Merchant Who After Agreeing to Ship His Cargo Sells It

If a merchant after engaging a vessel to ship specified quintals of cargo, whether or not it constitutes capacity shipment, withdraws from the shipment of such cargo by selling it, he shall be required to pay the patron the full amount of the cargo fees for which he had contracted.

What is the reason for this? Because it can be assumed that the merchants, who had agreed to ship the cargo, received by selling it not only the usual amount of profit but in addition the amount that would have been paid for transporting such cargo and that they had agreed to pay to the master of the vessel.

Further, it should be remembered that if the vessel engaged to carry the cargo was to have been loaded at the same location where the agreement was concluded, the matter should be entrusted to arbitration by two Elders of the Sea Guild, and whatever be their decision must be carried out, and neither the merchants nor the patron of the vessel may dispute their decision.

The crew of the vessel must abide by the terms of agreement reached between the merchants and the master of the vessel.

Further, if the vessel engaged for this purpose was to proceed to [45] another location to pick up this cargo, and the merchants sell the cargo before the vessel arrives, and cannot provide other cargo to be loaded aboard the engaged vessel, they shall be required to pay the full shipment charges to the patron of the vessel whom they engaged to carry their cargo.

Why? Because it is necessary and proper that the merchants fulfill their responsibility to the patron in the same degree as the master of the vessel toward them; otherwise the patron would suffer great loss; it would likewise not be just and proper that merchants should reap profits while the patrons of vessels be ruined financially because they trusted the merchants.

If, however, the vessel engaged was to proceed to another location to pick up cargo, and before the vessel sailed, the merchants had told the patron that they intended to sell this cargo, and this happened before the vessel actually unfurled its sails, the matter should be submitted to arbitration by the Elders as has been mentioned above.

This article was written for the reasons stated above.

86-Shipment of Specified Amount of Cargo

The patron of a vessel shall be required to carry the full amount of cargo contracted for, while the merchant must pay the full lading charges as agreed to with the master of the vessel.

87-Loading of Cargo Aboard the Vessel Without the Knowledge of Its Patron

If a merchant, without informing the patron of a vessel, should load aboard his vessel more cargo than agreed upon, the master of the vessel shall be within his rights to charge him for carrying this cargo according to his own estimates.

88 -Minimum and Maximum Shipping Charges

Let us assume that one merchant paid the master of a vessel the sum of one millares ⁽¹⁴⁾ per quintal of cargo and promised to ship a specified number of quintals of freight, while another merchant paid him a sum of one hundred besant per quintal; the master of the vessel is required to transport the cargo of the merchant who paid him one millares as well as of the one who paid him one hundred besant, [46] and store both shipments in equally safe space, for he must remember that he will be forced to pay the same proportional damages on goods which were shipped at one millares per quintal as those shipped at one hundred besant per quintal. He should not refuse to transport the cargo of the merchant paying him one millares per quintal in the quantity agreed, and should treat him in the same manner as he would treat a merchant paying him even two hundred besant per quintal.

When the agreement is made concerning the amount of cargo or the number of quintals of merchandise to be carried, any additional cargo carried may be transported at the cost decided by the patron unless he promised the merchant to transport any additional amount at the same price , and the merchant notified him of the additional cargo to be shipped within the period of time mutually agreed upon.

1. In the copy from which this was translated Articles 44 and 45 are missing. The actual text of the Consulate begins with Article 46. Between Articles 42 and 46 there is some data impossible to understand, improperly paginated, relating to shipment of cargo from Alexandria. In the original manuscript at the Bibliothéque Nationale, there are two sentences relating to this. They were numbered 44 and 45, probably by Celelles, but in the printed copy these pages are missing and have been lost.

2. A passenger was any person who had no cargo aboard. A merchant-passenger whose cargo was aboard the vessel paid no fare unless the amount of his cargo was insignificant.

3. This information was generally posted on doors of various guilds.

4. The term patron is used to indicate the principal owner of the vessel, or some other person entrusted with the command of the vessel by its owner or owners. In either case it is used to designate a person who has supreme authority over the vessel in the port and on the high seas.

5. This is the verbatim translation of the original text. Pardessus, however, translated it to mean: "The patron can hire a clerk who is related to him provided he has the approval of the shareholders to do this."

6. This cannot be referred to as the ship's log since the entries within it were limited to cargo, monetary matters, and agreements between merchants and others aboard the vessel.

7. Pakotilia: merchandise carried by members of the crew, free of any lading charges, for speculation. The amount of free freight goods was usually equal to the amount paid in wages.

8. It is evident that this depended upon the type of vessel. See detailed data in Articles 306 and 308.

9. Contemporary customs demanded inclusion of charges for handling, storage, transfer, custom fees, etc., in addition to the charge for carrying the cargo.

10. Article 253 contains additional data. It points out that no agreement made aboard while the vessel was sailing was binding unless accompanied by and made with certain strictly observed provisions and circumstances.

11. Sulphur, used for fumigation, was considered an essential item in supplies taken aboard a vessel.

12. Barcelle, most probably a Barcelonian silver coin of undetermined value.

13. Bezan or bezant, a gold coin probably of Byzantinian origin used commonly in Western Europe after the return of the Crusaders.

14. Millares, a medium-sized silver coin, 455 grams in weight, introduced by Constantine A coin generally used in commerce of the medieval period, originally minted in Montpellier.