COMMERCIAL CODE OF THE NETHERLANDS

GENERAL DISPOSITION. Art. 1.　The Civil Code is applicable to commercial matters, in so far, as it has not been specially deviated from in this Code. Besides the other means of proof, appointed by this and by the Civil Code, evidence by witness, shall be admitted in all commercial cases, independent of the nature or value of the subject, unless some mode of proof, specially designed, be exclusively prescribed in this Code. BOOK I. OF TRADE IN GENERAL. CHAPTER 1. Of Traders and commercial acts. 2.　Traders are those, who do acts of commerce and whose habitual profession is trade. 3.　The Law generally considers as acts of commerce, the purchase of goods, for the purpose of reselling the same, either wholesale or retail, either in their natural or manufactured state, or merely for the purpose of letting the same for hire. 4.　The Law likewise includes, under the denomination of "acts of commerce": 1. Commission business, 2. "Whatever relates to exchange-transactions, without distinction as to the persons concerned, and whatever relates to notes payable to order, with regard to traders only. 3. The acts of traders or merchants, bankers, brokers, administrators of public stock, both at the charge of this Kingdom and of foreign governments, all in their aforesaid capacities. 4. Whatsoever relates to contracts for the building, repairing or fitting out of vessels and the purchase or sale of vessels for inland or foreign navigation. 5. All forwarding and conveyance of merchandise. 6. The purchase and sale of ships-stores and provisions. 7. All shipowning, freighting or chartering of vessels, as also bottomry and other agreements, relative ta shipping. 8. The hiring of masters, mates and mariners and their engagements in the mercantile marine. 9. The acts of factors, shipbrokers, customhouse-agents and of bookkeepers and other merchant-clerks, in the business of their employers. 10. All insurances. 5.　The obligations, consequent upon vessels coming into collision, drifting, running foul of each other, or running each other down; the obligations resulting from assistance or salvage in cases of shipwreck — from stranding or the picking up of goods floating at sea—from jettison and from average — are mercantile matters. CHAPTER 2. Of Traders Books. 6.　Every trader is bound to keep a journal, in which must be entered day by day, in order of date and without interlining, blank spaces, or marginal notes, his claims or assets and debts, his commercial undertakings, drafts, acceptances or endorsements of bills of exchange and other commercial paper, his engagements and generally all which he receives and pays, without exception — all independently of such other books, as are customary in trade, though not explicitly required by Law. 7.　He is bound to preserve the letters he receives and to keep a copybook of those he despatches. 8.　He is bound annually to draw up, within the first six months of the year, and in a separate register, to be kept for that purpose, a balance-sheet and statement of the position' of his affairs, and to affix his signature thereto. 9.　Traders are bound to preserve their books, for a period of thirty years. 10.　Whenever a transaction is not absolutely denied, or when its existence is generally established, commercial books, regularly kept and confirmed on oath if required, or by demise, furnish proof between traders, with regard to their commercial dealings, as to the date or time of the transaction and the delivery, the quality, quantity and price of the goods, save in case of counter-evidence; copybooks of letters, properly kept, can be likewise admitted in evidence, by the judge. 11.　No one can be compelled, to exhibit his books, balance-sheets or other papers, relative thereto, except on behalf of persons immediately interested, either as heirs, or as concerned in a mutual undertaking, as partner, or as the party appointing factors or managers; and lastly in case of failure. 12.　In the course of a lawsuit, the judge, at the request of one of the parties, or officially, may order the books to be exhibited, that he may cause the same to be inspected or extracts to be made therefrom, respecting the contested point. Should such books be kept at any other place, than that, where the court, before which the case is pending, holds its sittings, such court is at liberty to desire the local judge to inspect them and forward a report of the result. 13.　He, who either neglects to comply with the order of the judge, to exhibit his books, or refuses to do so, when his adversary is willing to refer to the same, prejudices his own cause. In either case, the judge may require the adversary's testimony on oath, even in the absence of other evidence. CHAPTER 3. Of commercial partnerships. FIRST SECTION. General Disposition. 14.　The Law acknowledges three kinds of commercial partnerships: Partnership under a firm. Partnership by way of investment or loan , known under the name of partnership "en commandite" (Sleeping partnership). Anonymous partnership. 15.　The obligations in commercial partnerships, are determined, by the agreement of the parties, by the special regulations of trade, and by the civil law. SECOND SECTION. Of partnership under a firm and that by way of loan, called »en commandite" (Sleeping partnership.) 16.　Partnership under a firm, is that, which two or more persons enter into, with the view, of trading in their joint names. 17.　Bach of the partners, not specially precluded, from doing so, is entitled to act, pay and receive moneys, in the name of the partnership, to bring it under engagements to others and vice-versa. Transactions, foreign to the partnership, or to which the agreement, existing between the parties, does not authorise them, are not included, in the foregoing rule. 18.　in a partnership under a firm, each of the partners, as regards the engagements of the partnership, is individually responsible for the whole. 19.　Partnership by way of loan, called "en commandite" {sleeping partnership), is contracted between a person or persons, as partners individually responsible for the whole, and one or- more 'other persons (sleeping partners), merely advancing funds. A partnership may consequently be, at the same time, a partnership under a firm, with respect to the partners under the firm, and a partnership by way of loan with regard to the party merely advancing capital (sleeping partner). 20.　Except in the case, specified in the second paragraph of the 30lh Article, the name of the partner by way of loan (sleeping partner) may not appear in the firm. Such partner may not even by virtue of a power of attorney, do any act of management or be employed in the business of the partnership. He does not participate in loss, beyond the amount of money, which he has, or should have furnished, nor is he liable to the restitution of profits enjoyed. 21.　The partner by way of loan, who infringes the restrictions, imposed by the first or second paragraph of the preceding Article, is individually responsible, for the whole of the debts and engagements of the partnership. 22.　Partnerships under a firm must be contracted, under authentic or private deed, the want of which, can however not be claimed as a release, with respect to third parties. 23.　Partners under a firm are bound to have the deed recorded, in the rolls of the Arrondissement (District) Court, in the place or places, where the partnership is established, or in default thereof, in those of the Judge of the Canton. 24.　The partners under a firm are nevertheless at liberty, to have only an extract of the deed recorded, provided such extract be drawn up in authentic form or signed by all the partners. 25.　Every one is allowed to peruse the deed or extract and may obtain a copy thereof, at his expense. 26.　The extract alluded to in the 24th Article must contain: 1. The names, surnames, profession and domicile of the partners under the firm. 2. The designation or style of the firm, and whether the partnership be general, or confined to some particular branch of trade; in. the latter case, with indication of such branch. 3. An indication of those partners, who are precluded from signing the firm. 4. The time, when the partnership commences and that at which it shall expire. 5. And finally, and generally such clauses or parts of the agreement, as tend to determine the rights ot third parties, with respect to the partners. 27.　The enrollment must bear the date of the day on which the deed or extract has been deposited for the purpose. 28.　The partners are moreover bound to cause an extract of the deed, as prescribed by the 26th Article, to be inserted in the official Gazette, as well as in one of the newspapers of the place, where the partnership is established, or if none be published there, in that of a neighbouring place. 29.　Until the enrollment and publication aforesaid have taken place, the partnership under a firm, shall be considered, with respect to third parties, as embracing commercial affairs generally; as contracted for an unlimited period; and as excluding none of the partners, from the privilege of acting or signing for the firm.. Should any discrepancy exist, between the tenor of the enrollment and the publication, only such stipulations, will affect third parties, as were published in the official Gazette and the newspapers, as prescribed by the preceding Article. 30.　The firm or style of a dissolved partnership may be continued or adopted by one or more persons, either by virtue of the agreement, or by special consent of the former partner, whose name appeared in the firm, or in case of his death, provided his heirs do not oppose themselves thereto. In either case, the said person or persons, must cause a declaratory deed on the subject to be enrolled, and notified in the newspapers, conformably to the dispositions of Article 23, under the penalty mentioned in Article 29. The restriction contained in the first paragraph of Article 20, is not applicable where the retiring member, from partner under a firm becomes "partner by way of loan" (Sleeping partner). 31.　The dissolution of a partnership under a firm, before the expiration of the term agreed upon, or in consequence of relinquishment or notice; its prolongation beyond the stipulated term; — and all alterations made in the original agreement, bearing upon third parties, are subject to the enrollment and publication in the newspapers aforesaid. The neglect thereof precludes the dissolution, relinquishment or notice, from operating against third parties. In the event of the enrollment and publication being neglected, where a prolongation of partnership takes place, the stipulations of Article 20 become applicable. 32.　On a dissolution of partnership, the partners entitled to the management of the business, must settle its affairs in the name of the same firm, unless this should be otherwise agreed upon, or some other liquidator have been appointed by al the partners, personally and by majority of vote, those by way of loan "sleeping partners" excepted. If the voting leaves the point undecided, it is disposed of by the Arrondissement (District) Court, as it may consider to the best of the dissolved partnership's interests. 33.　If the available funds of the dissolved partnership prove inadequate to meet its liabilities, actually falling due, the persons charged with the liquidation may demand the necessary funds, which must be supplied by the respective partners, in proportion to their relative share in the partnership. 34.　The funds, which can be dispensed with during the liquidation, shall be provisionally divided. 35.　If no agreement has been made with regard to the books and papers, relative to the dissolved partnership, the same shall, after the liquidation and final separation of the partners, be deposited with the partner, which the majority or if need be, the Arrondissement (District) Court shall appoint, under reserve of the partners or their representatives having free access thereto. THIRD SECTION. Of anonymous commercial partnerships. 36.　The anonymous partnership has no firm, nor bears the name of any of the partners, but derives its denomination from its commercial object. Previous to its establishment, the act of partnership or a draught thereof, must be submitted to the King, for the purpose of obtaining his assent. The Royal assent is equally required, to every alteration in the clauses of the partnership or its prolongation. 37.　If the partnership be not at variance with public order or morals, and the project does not contain any stipulations, contrary to the rules laid down in Articles 38 to 55 inclusive, the Royal assent is granted. In case of refusal, the petitioners for their information, are made acquainted with the motives, why the Royal assent has been withheld. No anonymous partnership sanctioned by the King, is by him dissolved, on account of the managers not having complied with the conditions and clauses of the contract. 38.　The act or deed of partnership must be drawn up by a Notary, on pain of nullity (its being void). The partners are bound to have the entire deed and the Royal consent enrolled in the public registers kept for the purpose and to cause the same to be inserted in the official newspaper, which insertion shall be free of charge. They must moreover have the establishment of the anonymous partnership announced in the newspapers, alluded to in Art. 28, with indication of the date and number of the official Journal, in which the Contract has been inserted. The above stipulations likewise apply to every alteration in the conditions of the partnership, or its prolongation. The 25th Article is also applicable here. 39.　As long as the enrollment and publication prescribed by the preceding Article, have not taken place, the managers are personally and collectively responsible for their acts, with regard to third parties. 40.　The capital of the partnership is divided in shares, either setting forth the shareholder's name, or in blank. The partners or holders of these shares, are not liable beyond the full amount, which they represent. 41.　No shares can be issued in blank, as long as the amount thereof, has not been fully paid up to the partnership. 42.　The deed determines the mode of transfer of shares, from the name of the holder, to that of the purchaser. It may be done either by a declaration of the holder and purchaser, addressed to the managers, or by such declaration, inscribed in the books of the partnership and signed by both parties or their representatives. 43.　If the full amount of such share, has not been paid up, the original partner or shareholder, or his heirs or assigns, remain liable to the partnership, for the payment of what remains due, unless the managers, or trustees, if any, should have explicitly declared themselves satisfied, with the new purchaser and released the original shareholder, from all further reponsibility. 44.　The partnership is managed by Directors, either shareholders or others, appointed by the partners; they are either remunerated or not, and either under supervision of trustees or not. They, may not be irrevocably appointed. 45.　The managers are not answerable, beyond the proper ,discharge of their functions; by virtue of the engagements of the partnership, they are absolved from personal liability to third parties, in respect thereof. The transgression of any of the original or subsequent stipulations of the deed, nevertheless renders them individually and collectively responsible, for any detriment, or loss, such third parties may have thereby sustained. 46.　An anonymous partnership must be contracted for a fixed period, under reserve of its prolongation, on each occasion, when such term will have expired. 47.　As soon as it shall appear to the managers, that the capital of the partnership has sustained a loss of fifty per cent, they are bound to announce the fact, by having it recorded in a register to be kept for that purpose at the record office of the Arrondissement (District) Court an.i in the newspapers, as prescribed by Art. 28. If the loss sustained amounts to seventy five per cent, the partnership is judicially dissolved and the managers are individually and collectively reponsible in respect of third parties, for engagements entered upon, after such diminution of capital was or ought to have been known to them. 48.　To obviate such dissolution, the contract may stipulate the establishment of a reserve fund, from which the deficiency may be partly or wholly supplied. 49.　No fixed rate of interest may be stipulated in the contract. The dividends are paid out of the profits, all charges deducted. It may however be agreed, that the dividend shall not exceed a given rate. 50.　The Royal assent shall not be given, unless it appears, that the original founders, represent at least one fifth of the joint capital; a term shall be fixed, within which the remaining shares must be disposed of. This term may be extended by the King, at the request of the founders. 51.　The partnership cannot take effect, until at least ten per cent of the joint capital, shall have been paid in. 52.　If the functions of the trustees be limited to a simple supervision of the managers, and they consequently do not in any way participate in the management, they may be authorised by the contract, to examine and approve on behalf of the partners, the accounts, rendered by the managers. If the case be reversed, such audit must take place, and approval be given, by the partners themselves, or by such parties, as are appointed by the contract. 53.　The contracts of insurance companies, taking risks on special objects, must fix the maximum, beyond which no risk on any such object may be taken, unless the partners should have expressly left that point, to the decision of the managers, either with or without the concurrence of the trustees. 54.　The manner in which the partners shall exercise their right of voting, shall be determined by the contract; — no individual shall however be allowed the disposal of more than six votes on his own account, if the partnership consists of hundred shares or more, and of no more than three votes, should there be less. No manager or trustee may vote by proxy. 55.　The managers are bound, to render the trustees once a year an account of the profits realised and losses sustained by the partnership, during the year then ended. Such account may be rendered, either at a general meeting, by forwarding a statement to each of the partners , — or by giving notice to the partners, that the accounts will be deposited for their inspection, for a certain period, fixed by contract. 56.　At the dissolution of an anonymous partnership, its affairs are liquidated by the managers, unless otherwise prescribed by contract. The stipulation contained in Art. 35 is applicable here. FOURTH SECTION. Of transactions on joint account. 57.　Beside the three kinds of partnership, above mentioned , the law also acknowledges transactions on joint account. 58.　Such transactions relate to one or more commercial operations of a special or defined character; they embrace such objects and take place under such conditions, as agreed upon between the participants. No contract in writing is required for the same, nor are they subject to the formalities and regulations, prescribed with regard to partnerships. They furnish no other judicial claim to third parties, than that, against the individual participant, with whom those parties have treated. CHAPTER 4. Of commercial Exchanges, Brokers and Bankers. FIRST SECTION. Of commercial Exchanges. 59.　The commercial exchange is the assembly of merchants, shipmasters, brokers, bankers and other individuals, connected with trade- It takes place by authority of the local corporation. 60.　The transactions closed and agreements made on change, regulate the rates of exchange, the price of goods, the rates of insurance, of freight, of carriage by land or water and the prices of public and foreign bonds, funds and such other paper or securities, as can be valued. The rates or prices are determined, according to the regulations and customs of the place. 61.　The hours for the opening and closing and order of the exchange, are fixed by local regulations. SECOND SECTION. Of Brokers. 62.　Brokers are mediators in commercial transactions appointed by the local authorities Previous to their being admitted to exercise the functions, of their calling, they must take the oath before the Arrondissement (District) Court, that they will faithfully perform the duties imposed upon them. 63.　The acts of mediators not so appointed, have no other effect than that which results from an agreement by mandatory. 64.　The functions of brokers consist in buying and selling for their principals goods and merchandise, ships, public and other stock bonds or shares, bills of exchange, notes to order and other commercial paper; the effecting or procuring discounts, insurances, bottomry, affreightment of vessels, or loans on securities or otherwise. 65.　The appointment of brokers, is either general, that is for all branches of trade, or their licence stipulates the branch or branches, in which they may exercise their functions. In the branch or branches of trade, in which they arc brokers, they may not operate on their own account, either directly or indirectly, or jointly with others, or on commission, nor guarantee the transactions, closed by their intervention. 66.　The brokers are bound to make an entry in their notebook of every transaction, as soon as closed and daily transfer their notes to their daybook, without blank spaces, interlines or marginal notes, clearly mentioning the names of the parties, the time at which the transaction was closed and that of the delivery; the quality, quantity and price of the goods and all the conditions agreed upon. 67.　The brokers are bound at all times, to deliver to the parties interested, whenever called upon by (hem, extracts from their book, containing the whole of what is noted therein, with regard to the transaction, in which they are concerned. The judge can judicially order brokers to exhibit their books, in order to compare the extracts delivered, with the original notes and he can demand their elucidations in respect thereof. 68.　Where a transaction is not wholly denied, the notes taken by a broker, transferred to his daybook, constitute conclusive evidence between the parties, as to the time of the transaction and that of delivery, the quality and quantity of the goods; the price and the conditions on which the transaction was concluded. 69.　If not released therefrom by the parties, brokers are bound to keep the sample on which goods have been sold by their intervention, until after the complete delivery of the same, marking it properly for identification. 70.　The broker, who after negociating a bill of exchange or other similar transferable paper, delivers it to the taker, is responsible for the genuineness of the seller's signature affixed thereto, 71.　Brokers, who in any point transgress the regulations with regard to them, contained in the present section, shall according to circumstances, be suspended in their functions, or divested of the same, by the public authorities, by whom they were appointed, independent of their being subject to the penalties imposed by the Penal-Code and irrespective of their liability for costs, damages and interest, as having accepted a charge. 72.　By the failure of a broker, he is suspended in his functions, and may be declared by the judge as divested of the same. In case of transgression of the prohibition, contained in the second paragraph of the 65th Art., a broker who fails must be deprived of his office. 73.　A broker, declared divested of his functions, can in no case be reinstated therein. THIRD SECTION. Of Bankers. 74.　Bankers or cashiers, are persons, to whom funds are entrusted for safe keeping and making payments therefrom , against a certain remuneration or commission. 75.　A banker suspending his payments or failing, is presumed to have caused the derangement of his affairs by his own fault. CHAPTER 4. Of Commission agents and Forwarding agents and of Carriers and Bargemen, navigating inland rivers and canals. FIRST SECTION. Of Commission merchants. 76.　A commission agent, is a person who for a certain remuneration or commission transacts business in his own name, or that of his firm, by order and for account of others. 77.　A commission agent in transacting business with a third party, is not bound to name his principal, for whom he is so acting. He is bound to carry out the engagements he has entered into with a third party, as if acting on his own behalf. 78.　The . principal has no claim against the party, with whom his commission agent has treated, nor has such party any claim upon the principal. 79.　If however a commission agent has acted in his principal's name, his rights and obligations, also with regard to third parties , are determined by the stipulations of the Civil Code, under the head of "Mandate". He has not the privilege referred to in the following articles. 80.　For any claim, which a commission agent, as such, has against his principal, as well for moneys advanced, interest due, charges incurred and commission , as on account of his pending engagements, he has a privileged lien upon the goods, which his principal has consigned to him for sale or to keep under his charge until further orders,.or which he has bought or received for his principal as long as they are at his disposal. This privilege takes precedence over all others, that mentioned in Art. 1185, 1°. of the Civil Code only excepted. 81.　When the goods referred to in Art. 80 have been sold and delivered for account of the principal, the commission agent pays himself out of the proceeds of the sale the amount of his claims, in respect of which he is privileged according to the said article. 82.　If the principal has consigned goods to the commission agent, with instructions to hold the same at his disposal until further orders, or has limited his power of selling them or if the authority to sell them has become void, and the former fails to satisfy the claims, which the commission agent has against him, and in respect of which the latter is privileged according to Art. 80, the said commission agent can by a simple petition, accompanied by the necessary documentary evidence, obtain permission of the court of justice of the place where he resides, to sell the said goods, either the whole or part thereof, in the manner to be prescribed by the sentence. The commission agent is bound to inform the principal not later than the next following day, as well of the aforesaid petition, as of the sale, which has taken place in virtue of this obtained permission. Notice by telegraph or by a registered letter is deemed sufficient. 83.　A commission agent, having purchased and received goods for account of his principal can, in the manner mentioned in the preceding article, be empowered by the Arrondissement (District) Court at the place, where he resides, to sell the same, if his said principal fails to satisfy the claims, which the commission agent has against him, and in respect of which the latter is privileged according to Art. 80. The last paragraph of Art. 82 is applicable in this case. 84.　In the event of failure of the principal, the stipulations of Articles 854, 855 and 856 of the Commercial Code, regarding the holder of pledge or lender, are also applicable to and with reference to the commission agent. The surcease of payment of the principal does not prevent the commission agent from availing himself of the rights to which he is entitled by Articles 81, 82 and 83. 85.　The granting of the rights referred to in Articles 81, 82 and 83 does not affect the right of detention, which the commission agent exercises in virtue of Article 1849 of the Civil Code. SECOND SECTION. Of Forwarding agents. 86.　A forwarding agent is a person, engaged in the forwarding of goods or merchandise, by land or water. He is bound to enter distinctively in a daybook, the nature and quantity of the goods or merchandise to be forwarded and also their value, if required. 87.　He is answerable for the regular and promptest possible despatch of the goods and merchandise, which he receives for that purpose, and bound to avail himself of all the means in his power, to ensure a safe delivery. 88.　He is likewise answerable for such damage to — or loss of goods or merchandise, he has forwarded, as can be attributed, to any fault or imprudence on his part. 89.　He is also responsible, for any intermediate forwarding agents, employed by him. 90.　The carriage-note constitutes the agreement, between the sender or forwarding agent and the carrier or bargeman and, besides stating, what may have been arranged between the parties, as to the time, in which the transit shall take place and the indemnity, in case of delay, etc., it also contains: 1. The nature, weight or measure and marks and numbers of the goods 1o be transported. 2. The name of the party, to whom they are forwarded. 3. The name and residence of the carrier or bargeman 4. The amount of carriage or freight. 5. The date. 6. The signature of the sender or forwarding agent. The forwarding agent must enter the contents of the carriage -note in his daybook. THIRD SECTION. Of Carriers and Bargemen, engaged in inland navigation. 91.　Carriers and bargemen are answerable for all damage, sustained by the goods or merchandise, taken charge of by them, for the purpose of conveyance, unless caused, .either by some defect of the goods, by circumstances beyond their control, or by the fault or neglect of the sender or forwarding agent. 92.　A carrier or bargeman is not responsible for delay, occasioned by circumstances beyond his control. 93.　The delivery and acceptance of the goods or merchandise and payment of the freight or carriage, annuls all claim against the carrier or bargeman, for damage or deficiency, if the defect be outwardly visible. When the damage or diminution is not outwardly visible, a judicial inspection may take place, even after the acceptance of the goods and whether the freight or carriage be paid or not, provided such inspection be demanded, within forty eight hours after the acceptance of the goods and the identity of the latter be duly established. 94.　If acceptance of the merchandise or goods be refused, or a dispute in respect thereof should arise, the President of the Arrondissement Court, or where none exists, theCanton (divisional) Judge shall, at the written request of either of the parties, giving the opposite side, if present, an opportunity of being heard on the subject, take the necessary steps, for a survey on the goods to be held, by competent persons and may likewise order the same to be stored in a suitable place, that the freight or carriage and charges, due to the carrier or bargeman, may be covered. The Arrondissement Court is qualified, in like manner to authorise the sale by public auction, of perishable commodities, or such part of the goods, as shall be requisite for the payment of freight or carriage and charges due. 95.　All right of claim against the carrier or bargeman, for total loss, delay in the delivery or damage to goods or merchandise, expires after six months, with regard to conveyance within the Kingdom, and after one year, as regards conveyance to foreign countries, to count, in case of loss, from the date on which the delivery should have taken place, and in case of damage or delay, from the day, on which the goods shall have reached their destination. The prescription is not applicable to cases of fraud or breach of faith. 96.　Independent of special regulations, those contained in the present Section, also apply to proprietors of public coaches and water-conveyances. They are bound to keep a register, of whatever they take charge of. If it consists of specie, gold, silver, jewels, pearls, precious stones or ornaments, bonds, dividend bonds or similar papers, having a money value, the sender is bound to declare the same and may demand the entry thereof in the register. In the absence of such declaration he can only be allowed, in case of loss or damage, to prove the value of the effects forwarded, by their outward appearance. If the value has been declared, the same may be proved, by every kind of evidence and in such case, the judge is even qualified, to give full credit to the sender's declaration upon oath, and to estimate and award damage accordingly. 97.　Regular trading barges and all other means of transport or conveyance, remain subject to the regulations, lawfully established in respect thereof, in so far, as the same are not at variance,, with the dispositions contained in the present chapter. 98.　The rights and obligations defined in the second Book of the present Code, with regard to navigation, are likewise applicable to navigation on rivers, streams and canals, in so far as this is expressly stipulated, in the last chapter of the said Book. 99.　The stipulations of the present chapter are not applicable to the rights and obligations between buyer and seller. SIXTH CHAPTER. Of Bills of exchange. FIRST SECTION. Of the nature and form of bills of exchange. 100.　A bill of exchange is a document, dated from a place, by which the subscriber charges some one, to pay in another place, at or after sight or at a stipulated time, to a designated person or to his order, a sum of money therein expressed, with acknowledgement of value received or value in account. 101.　A bill of exchange may also be drawn: a. To the order of the drawer. b. On a certain individual and payable at the residence of a third party. c. For account of a third party. 102.　Bills of exchange containing fictitious names or false indications of domicile, or place of drawing or payment, are only effective as a simple acknowledgement of debt, provided the other requisites for that purpose be not wanting. Those who have been aware of such fictitiousness, cannot adduce the same in evidence against third parties, who were ignorant of the fact. 103.　A bill of exchange may be drawn in first, second, third , etc. SECOND SECTION. Of the engagement between the drawer and taker or »payee" of a bill of exchange. 104.　If not otherwise agreed upon, the drawer is bound to deliver the bill of exchange to the payee, who requires it, in first, second and third, mentioning this in each of the bills, which avail all for one and one for all. 105.　The drawer i3 bound to make the bill payable, either to the taker himself, or to some other person, in either case with or without adding the words "or order", all as the taker may desire. 106.　The drawer of a bill of exchange, or he on whose account it is drawn, is bound to furnish the drawee with the necessary funds, for its payment, on the day on which it falls due, even when the bill has been made payable with a third person, it being however understood, that the drawer in every case, remains individually reponsible both to the holder and the earlier endorsers. 107.　The drawee is considered to have the necessary funds in hand, if, at the time the bill falls due, or is held to be so, according to the 155th Art., he owes to the drawer or to him, on whose account the draft has been made, a sum, then payable, equal at least to the amount of the bill. 108.　The bill being protested for non-acceptance or nonpayment, the drawer is bound to indemnify, if even the protest has not been made in time; in the latter case, he is however released from his reponsibility, on his shewing proof, that the drawee was provided with the necessary funds for the payment of the bill, on the day it fell due. If such provision has been made for a part of the amount only, the drawer is answerable for the remainder. 109.　If the drawee has not accepted the bill and the holder has neglected to have it timely protested, the drawer is nevertheless bound, to make over and transfer to the holder, hi? claim to the funds, which the drawee held from him on the day, on which the bill fell due, to the extent of its amount and to enable the holder, to enforce this right by furnishing him, at his expense, with the necessary vouchers, to that effect. Should the drawer have failed, his assignees are under the same obligation, unless they should prefer, admitting the holder, as creditor, for the amount of the bill. 110.　The holder of a protested bill of exchange, has in no case any claim to the funds of the drawer, in the hands of the drawee. If the bill has not been accepted, such funds belong to the drawer's estate, if he has failed. If accepted, the funds, to the extent of the bill's amount, rest with the drawee, who is liable to the holder, for the discharge of his acceptance. 111.　If the bill be drawn to the order of a third party, merely to procure payment thereof, this constitutes a simple charge, between the drawer, or the person for whose account it has been drawn and the taker, which charge however implies the qualification of transferring the property of the bill by endorsement. THIRD SECTION. Of the accepting of Bills of exchange and the guarantee called "Aval". 112.　A bill of exchange must be accepted within four and twenty hours after presentation, at latest, without distinction of Sundays or other days. If the bill be not returned accepted or unaccepted, within that time, he, who has retained it, is responsible to the holder, for costs, damages and interest. 113.　He, who is provided with the necessary funds specially assigned for the payment of a bill of exchange, is bound to accept it, under penalty of becoming liable to the drawer, for costs, damages and interest. 114.　A promise to accept a bill of exchange, is not considered as an acceptance, but gives the drawer a legal claim for damages against him, who, having made such promise, refuses fulfilling the same. If the bill be drawn for the drawer's own account, these damages imply the cost of protest and re-exchange. If it be drawn for account of a third person, the damages include the cost of protest and re-exchange and moreover the amount, which the drawer has advanced to such person, on security of the bill, on the faith of the promise given. 115.　The acceptance must be distinctly written by the drawee, on the presented bill and signed by him. It must be dated, if the bill be drawn, payable after sight. The omission of date, entitles the holder, to demand the payment at the expiration of the terra expressed in the bill, counting from the day on which it has been drawn. 116.　The holder of a bill of exchange, drawn on any place in the Kingdom of the Netherlands, either at sight or at any time after sight, must demand acceptance or payment thereof, within the after-mentioned periods from its date, under penalty of losing his claim on the endorsers and on the drawer, if the latter had made the necessary provision. The said terms or periods are fixed as follows: For bills drawn from the continent or from islands in Europe, at six months. For bills drawn from the Levant and from the northern coast of Africa, at eight months. For bills drawn from the western coast of Africa to the Cape of good Hope inclusive, from the continent of North and South America (the hereafter mentioned part excepted) and from the West-India islands, at one year. For bills drawn from the coast of North and South America on the Pacific, north of Cape Horn, the islands in those seas, as also from the continent of Asia and the EastIndian islands at two years. These terms or periods are doubled in time of maritime warfare, as regards bills drawn from European islands, or from places mentioned in the fourth, fifth or sixth paragraph of this Article. The above rules apply reciprocally to bills at sight or after sight, drawn from the Kingdom of the Netherlands on the places above denoted. For inland bills of exchange, the term is three months. 117.　The acceptance of a bill of exchange, payable at another place than that where the accepter resides, must indicate the domicile at which payment must be received or protest made. 118.　If the person, with whom the bill has been made payable, fails, after the day on which it fell due, and the holder has neglected to have it protested in due time, the accepter is thereby liberated, if — and for as much, as he shews proof, of his having provided funds at the indicated domicile; without prejudice however to the obligations mentioned in Art. 109. 119.　He, who has accepted a bill of exchange is bound to the payment thereof. He may not, even before returning it, recall, obliterate, erase or render illegible his acceptance once placed thereon, and remains bound to the payment notwithstanding. He is not qualified to impede the further circulation of the bill, by laying an attachment upon it, in the hands of the holder. He cannot be liberated from his acceptance, even if the drawer should not have provided any funds, or have failed , without his knowledge before the acceptance, unless the holder has made use of fraudulent meaHS, to obtain it. 120.　The acceptance may not be conditional, but may be given, with some restriction with regard to the sum, In this latter case, the holder is bound to abide by the acceptance of a part and to have a protest made out for the remainder. 121.　A bill of exchange, which has been protested for non-acceptance, may be accepted by another, for the honour of the drawer, or of one of the endorsers, whether they have charged him to do so or not. 122.　If several persons present themselves, for such acceptance "for honour", they are entitled thereto, in the following order: 1. Those, who accept the bill for the honour of the drawer, or for the person, for whose account it has been drawn. 2. Those, who offer to accept for the honour of the payee. 3. Those, who offer to do so for the honour of previous endorsers. 123.　When several persons, all charged to intervene, present themselves, to accept the bill, for honour of the same firm, the choice between them rests with the holder. The same rule applies, where more than one person, without charge to that effect, offer to accept for honour of the same firm. 124.　They, who are duly charged to accept for honour of the person, for. whose account they offer to do so, rank before others, who, being without instructions to that effect, offer to intervene on behalf of the same party. 125.　The holder himself, charged with or disposed for such acceptance, has as much right thereto, as any other party, and may consequently, under equal circumstances, give himself the preference. 126.　The acceptance for honour must be placed on the bill, and be mentioned in the protest, or at the back thereof. 127.　He, who accepts a bill of exchange for honour, is bound to inform thereof without delay , the person for whose honour he has done so, under penalty of costs, damages and interest, as the circumstances may warrant. 128.　Irrespective of acceptance for honour by another, the holder of the bill of exchange retains his right against the drawer and the endorsers , on account of the non-acceptance of the drawee. 129.　In case of non-payment, when due, a bill of exchange, accepted for honour, must be protested against the drawee. In default of such protest against the drawee, the accepter for honour, is not bound to the payment of the bill, and by paying the bill without that protest, he looses his claim against the parties concerned, whose interests may require, that the bill had been regularly protested against the original drawee. 130.　Without prejudice to its acceptance by the drawee, the payment of a bill of exchange, may be secured besides, by a guarantee, named "aval." 131.　The said guarantee is placed on the bill of exchange, or given by a separate writing, or even by letter. 132.　Unless it has been otherwise agreed upon between the parties, such surety is liable for the entire amount, and may be forced to the payment in like manner and by the same means, as the drawer and endorsers. FOURTH SECTION. Of the endorsement of Bills of exchange. 133.　The property of bills of exchange, payable to order, can be transferred by endorsement until due. 134.　The endorsement is placed on the bill or on its second, third, etc, and must be dated and signed It contains the name of the person, to whose order the payment must be made, with the addition of the words "value received", or "value in account". If the value be derived from a third party, mention is made thereof and such party indicated. 135.　The endorsement, missing the requisites prescribed by the preceding article, is considered, between the endorser and him to whom he has endorsed the bill, as a power of attorney, authorizing to claim the amount even by judicial means. If the endorsement be made to order, it qualifies him, to whom the bill has been so made over, to transfer the property thereof by endorsement, without prejudice however to his responsibility towards bis principal. 136.　The endorsement may likewise be effected "in blank", by the mere signature of the endorser being placed on the bill. Such endorsement is considered as implying the acknowledgment of value received, and transfers the property of the bill to the holder, 137.　A false endorsement does not transfer the property of the bill, but all subsequent endorsements are rendered void by the same, without prejudice to the holder's claim on the subscribers thereof. The endorsements preceding the false one, retain their force and validity. 138.　It is forbidden to put an earlier date in the endorsements, than that, on which they are actually signed, under penalty of indemnification for costs, damages and interest and without prejudice to the right of action at law, for which sufficient grounds may appear. 139.　Bills of exchange already due, or not made payable to order, cannot be made over by endorsement, but the property thereof must be transferred by a separate deed, in the manner prescribed by the Civil Code. FIFTH SECTION. Of the engagement between the drawer and the accepter;-between the holder and the accepter: and between the holder and the endorsers. 140.　A bill of exchange constitutes an act of mandate, between the drawer and the accepter., whereby the latter engages himself to pay it to the holder at its maturity. 141.　If the bill be drawn for account of a third party, he alone is liable to the accepter, in respect thereof. 142.　The drawer of a bill of exchange, is bound to give timely advice of his draft to the drawer and in default thereof, becomes answerable for the charges incurred on account of non-acceptance or non-payment, occasioned thereby. 143.　The drawer is held to have drawn for his own account, if it does not appear by the tenor of the bill, or by the letter of advice, for whose account the draft was made. 144.　The acceptance entitles the holder to demand payment of the bill from the accepter. 145.　If the acceptance be forged, every holder has recourse against the drawer and the endorsers. 146.　All who have signed, accepted or endorsed a bill of exchange, are individually answerable to the holder, for the entire amount. 147.　The stipulations, relative to the liability of the accepter, are equally applicable to him, who has accepted the bill for honour, for account of the drawer, payee or endorser, without prejudice to what has been determined by the 129th Article. 148.　If subsequently to the acceptance of a bill of exchange the default of the accepter should compel the drawer to withdraw it, he has a claim upon the accepter, not only for the funds, furnished him for the payment, but likewise, for the loss occasioned, by his not fulfilling the charge, which he had assumed. SIXTH SECTION, Of the falling due and the payment of Bills of exchange. 149.　A bill of exchange drawn at term, is payable on the day, upon which it falls due. 150.　A bill of exchange drawn at sight, is payable on its presentation. 151.　The term mentioned in a bill of exchange, drawn at one or more days, months or usance after sight, begins to run on the day after that, on which it has been accepted or protest for non-acceptance has been made. 152.　By months are meant those of the Gregorian Calendar, whether bills be drawn at sight, or at term. By usance is meant thirty days, with respect to all bills of exchange payable within the Kingdom, which, for bills not drawn at sight, begin to run the day after their date. 153.　A bill of exchange payable at a fair, must be paid the day before the close of such fair, but where this lasts only one day, the bill is due on that day. 154.　If a bill of exchange drawn at term, falls due on a Sunday, it is payable on the next following day. 155.　Bills of exchange are considered as due, on the failure of the drawee, and can be immediately protested for non-payment by the holder. The drawer or endorsers, being called upon, can in that case defer the payment, till the day of falling due mentioned in the bill, on their giving security, as stipulated in Art. 177. 156.　A bill of exchange must be paid in the currency, indicated therein. Should however no legal value be assigned to that currency and its rate of exchange not be determined by the bill, the payment must be made in Netherland currency at the rate of exchange of the place and day of payment, or if no such rate of exchange exists there, according to that of the commercial place nearest to that where the bill is payable. 157.　If during the term, at which the bill is drawn, the value of the currency mentioned therein, should by high authority have been raised or reduced, at the place of payment, the payment and eventually the claims against the drawer and endorsers for non-payment, shall be adjusted according to the rules laid down in Articles 1793 and 1794 of the Civil Code. The same rules apply in case the currency should have been raised or reduced before the drawing of the bill, and the drawer could not be aware thereof. 158.　The drawer, who pays a bill of exchange before it is due, or discounts it, is answerable, for the validity of the payment. 159.　The holder of a bill of exchange, cannot be compelled to receive payment thereof, before it is due. 160.　The payment of a bill of exchange on the second, third or fourth, etc. thereof, is consistent, if the second, third, fourth, etc., indicate, that such payment invalidates the other copies. 161.　He who pays a bill of exchange on a second, third or fourth, etc. of the same, without at the same time withdrawing the bill which contains his acceptance, does not liberate himself with regard to the holder of that acceptance, but preserves his right against the party, to whom he made the payment, though not entitled thereto. 162.　In case of a first, second, third, etc. of a bill of exchange, having been drawn and the drawee having placed his acceptance on more than one of them, he is obliged to pay all the bills, he has so accepted, if presented by different holders, when the same falls due; saving his right against him, who has made use of the bill more than once. 163.　The accepter of a lost bill of exchange, is not bound to pay it, without sufficient proof of the right of him who demands the payment, and then only against his exonerative guarantee, coupled with the necessary security. 164.　He who pays a bill of exchange, when due, without opposition having been made thereto, is admitted to be regularly discharged. 165.　The presenter of a bill of exchange, not endorsed to him, but which he can prove by written evidence, to have been sent to him for encashment, by the person entitled to payment, can demand the payment thereof under security, and in case of non-payment, have it protested. 166.　The holder of a bill of exchange, who receives payment thereof and all the previous endorsers, are answerable to him who has paid the bill, for the legality of all the prior endorsements. 167.　Except in the case, mentioned in the 163rd Article, the accepter of a bill of exchange is not bound to the payment, unless the accepted bill be handed over to him, duly receipted by the holder. 168.　If the drawee offers to pay a part of the amount of the bill, the holder is bound to accept the payment of such part, whereby the drawer and the endorsers, are so far liberated, and to have protest made for the remainder. 169.　Jn the case, mentioned in the preceding Article however, the drawee cannot demand the delivery to him of such bill of exchange, but must rest satisfied, with the payment; of such part being noted thereon, and a receipt signed by the holder. 170.　A protested bill of exchange can be paid by any one, for honour of the drawer or one of the endorsers. Evidence of such payment for honour is inserted in the protest, or written on the back thereof. 171.　He who pays a bill of exchange for honour of another, thereby acquires the rights of the holder, and becomes subject to the same obligations. He is moreover bound to give notice of such payment without delay to him, for whose honour he has effected it, under penalty of indemnifying him for costs, loss and interest, if there be grounds for such indemnification. 172.　If the payment for honour, has been made for account of the drawer, all the endorsers are liberated. If it has been made for the honour of one of the endorsers, all subsequent endorsers are released. 173.　When several persons present themselves for the payment for honour of a bill of exchange, the rules laid down, with regard to the acceptance for honour, must be followed. 174.　In case the original drawee of a bill of exchange and against whom it has been protested for non-acceptance, is willing to effect the payment, he obtains a preference over all others. SEVENTH SECTION. Of the rights and obligations of the holder, in case of non-acceptance or non-payment of a Bill of exchange. 175.　The holder of a bill of exchange, who has ineffectually demanded its acceptance from the drawee, is bound to have it protested. 176.　The acceptance of bills of exchange, must be demanded from the drawee, at his domicile and not at the place where the bill has been made payable. 177.　On presentment of the protest for non-acceptance, the endorsers and the drawer, are respectively obliged, either to give bond for the payment of the bill at maturity, or to discharge it instantly, together with the costs of protest and re-exchange. The surety for either drawer or endorser is individually only responsible for him, in whose behalf, he has bound himself, 178.　If the accepter has failed before the day of payment, the holder can have a protest made and demand payment or security as aforesaid. 179.　In default of payment on the day it falls due, the holder of a bill of exchange is bound to have it protested on the next following day, whether it be accepted or not. If that day be a Sunday," the protest must be made the day after. 180.　The payment of a bill of exchange must be demanded and consequent protest be made at the domicile of the drawee. If the bill be made payable at some other domicile, or by another person, dwelling either in the same, or in another place named therein, the payment must be demanded and the protest made at the domicile and against the person, so indicated. In case the person, by whom the bill is to be paid, is utterly unknown, or not to be found, the protest must be made at the post-office of the place, indicated for the payment, and if there be no post-office, at the office of the chief magistrate of the place. The same course must be pursued, where a bill of exchange has been made payable at another place than that where the drawee resides, when the domicile at which the payment must be made, is not indicated. 181.　On refusal of the drawee, the holder is obliged to demand payment from him, who has accepted the bill for honour, or from him, to whom it is referred for acceptance or payment, in case of need. Protest must be made against each of them, who refuse the payment, which can be done by one and the same act. 182.　Protest for either non-acceptance or non-payment, must be made by a notary, by the recorder of the canton judge, or by a bailiff, accompanied by two witnesses. The protests contain: 1. A litteral copy of the bill of exchange and of the acceptance, the endorsements, the guarantee called "aval", and the directions placed thereon. 2. Mention of their having demanded acceptance or payment from the persons, or at the domiciles, noticed in the two preceding articles, and not obtained the same. 3. Mention of the reason given for the non-acceptance or non-payment. 4. The requisition to sign the protest and reason given for refusing to do so. 5. Mention that he, the notary, recorder or bailiff has protested against the said non-acceptance or non-payment. 183.　Notaries, recorders or bailiffs are obliged under penalty of costs, damages and interest, to leave a copy of the protest, notifying this in the document and to transcribe it, by order of date, in a special register, numbered and authenticated by the canton judge of their place of residence and to deliver one or more copies of the act of protest, to the parties concerned, if required. 184.　The holder of a bill of exchange protested for non-acceptance or non-payment, is obliged, under penalty of costs, damages and interest, to have the protest signified to the party from whom he has received the bill, within five days after the date of protest, if both dwell in the same community. In case they do not reside in the same community, the holder is obliged, under like penalty, to forward a copy of the protest, attested by the person who drew it up, to the party from whom he received the bill, and that, at latest, on the first regular postday after the five days above mentioned, or, if no regular post exist there, by the first public conveyance, leaving after the said five days. 185.　On the same responsibility, every endorser is obliged to give notice of the protest, or to forward it to the party from whom he has received the bill, within five days after the receipt of such protest, and in the manner determined by the preceding article. 186.　The holder of a bill of exchange protested for non-payment has the right to claim the re-imbursement thereor from the accepter, the drawer, and all the endorsers, as each of them individually liable for the entire amount. He has the option to sue them for it, either collectively or separately. If he claims it from the drawer alone, all the endorsers are released. If he claims it from one of the endorsers, the subsequent endorsers are released. 187.　The holder of a bill of exchange protested for non-payment, can likewise procure the re-imbursement thereof by means of re-exchange. Re-exchange is the redrawing by the holder of a bill of exchange on the drawer, or on one of the endorsers, for the principal of the protested bill and the charges, at the course of exchange of the time of his redrawing. Such redrawing does not — in case of non-payment — prejudice his right to sue the other liable parties. 188.　With respect to the drawer, the re-exchange is regulated by the course of exchange of the place where the bill ought to have been paid, on the place from which it is drawn. He is, in no case, liable to any higher rate of exchange. 189.　With respect to the endorsers, the re-exchange is regulated by the course of exchange of the place, whither it has been remitted or negociated by them, on the place where the re-imbursement is effected. 190.　Where no direct course of exchange exists between the different places, there-exchange is regulated by that of the two places nearest to the same. 191.　The redrawing must be accompanied by the account of return. 192.　The account of return comprises the principal of the protested bill of exchange, the costs of protest, and all other legal charges, such as banker's commission, brokerage, stamps and postage. It mentions the name of him on whom it has been redrawn for, and the course of exchange at which the draft has been negotiated. Its correctness must be confirmed by the certificate of an exchange broker, or, — where no exchange broker exists, — of two merchants. It must be accompanied by the protested bill of exchange, and by the protest or an authenticated copy thereof. In case of redrawal on one of the endorsers, it must moreover be accompanied by a certificate to prove the course of exchange of the place where the bill was made payable, on the place from where it has been drawn, or where it is re-imbursed. 193.　No more than one account of return may be made on the same bill of exchange. Such account of return is paid by one endorser to the other respectively, and finally by the drawer. 194.　Re-exchanges may not be accumulated; each endorser supports one only, as does the drawer. 195.　Interest is due on the principal of a bill of exchange protested for non-payment, from the day of protest. 196.　Interest on the cost of protest, re-exchange and other legal charges, is due from the day on wich the judicial summons are issued. 197.　No re-exchange is due, when the account of return is not accompanied by the vouchers prescribed by the 192nd Article. 198.　In case of failure of those who are engaged by a protested bill of exchange, the holder is qualified to come upon the estate of each of them for the whole amount as due to him by each of them individually. If he has received a dividend out of one of the estates, the others and the solvent liable parties are not liberated for more than the amount of such dividend. 199.　If however the holder willingly enters into a compromise with either the drawer or the accepter, he thereby looses his claim on all the endorsers. Where such agreement is entered into by him with one of the endorsers, he foregoes his claim on all the subsequent — but by no means that against the prior endorsers, nor against the drawer or the accepter. Where such compromise has been made with the drawer, the accepter is thereby released from all responsibility if he has not received any funds. In the contrary case he remains accountable. If finally such compromise has been willingly entered into with an accepter who has funds inhand, all further claim on the drawer is lost thereby. 200.　The holder of a protested bill of exchange has likewise a claim for re-imbursement, on third parties for whose account it has been drawn, if the value thereof has been received by them. 201.　The holder of a bill of exchange who has had it protested too late, has no claim for re-imbursement on the endorsers, but must content himself with his right against the accepter; save the obligations imposed on the drawer by the Articles 108 and 109. 202.　In case a bill of exchange has been despatched to the payee in sufficient time to come to hand and be presented for payment before it is due, nevertheless reaches him after the pay-day, in consequence of some unforeseen casualty or of circumstances over which he has no control. — such bill must be presented, and, if not paid, protested for non-payment the day after its receipt, if the drawee resides in the same place as the holder. If he resides elsewhere, or the bill be made payable in another place, the presentment and the protest must take place within eight days after the receipt. If the correspondence by post be interrupted, the bill must be forwarded by the safest extraordinary conveyance and the right of the holder remains unprejudiced if the bill has thus been presented, and in case of non-paymentprotested. 203.　The holder of a protested and lost bill of exchange is entitled to demand re-imbursement from the drawer, on proving his right, and giving security. EIGHTH SECTION. Of the extinction of the debt in matter of exchange. 204.　Under reserve of the stipulations contained in the three following articles, exchange debts become extinct by all the means of release from debt indicated in the Civil Code and moreover by the voluntary compromise mentioned in the 199th Article of the present code. 205.　The debtor of an insolvent estate who wishes to compensate a bill of exchange which is due with some other debt, is bound to prove that he has become faithful owner of such bill before the failure. 206.　With the exception of what is determined by the following article, exchange debt becomes proscribed by the lapse of ten years from the day on which the bill fell due. Nevertheless those, who avail themselves of this proscription, are bound, if required, to state on oath that nothing is due by them on account of the bill; and, their heirs of representatives, that they faithfully believe that nothing remains due thereon. 207.　All action against the endorsers, and the drawet of a bill of exchange protested for non-payment, — the latter if, and for as much as he proves to have provided funds, —lapses at the following periods: With regard to bills of exchange drawn from this Kingdom, and payable at places in the Levant and on the northern coasts of Africa, after fifteen months. On places on the western coast of Africa as far as, and inclusive of the Cape of good Hope, and On the continent of North and South America — the under-mentioned part thereof excepted, and on the WestIndian islands, after eighteen months. On places on the coasts of North and South America, situated along the Southern Ocean, from the otherside of Cape Horn, or on the islands in that sea; as also on the Asiatic continent, or the East-Indian islands, after two years. On all other places, after one year. The above terms of fifteen and eighteen months, and of two years, are doubled in times of maritime war. The proscription begins to run against the holder of the bill, from the day on which it fell due; and against each of the endorsers, from the day on which he has been summoned for payment, or, if no summons have taken place, from the day on which he has voluntarily paid. CHAPTER 7. Of engagements to pay, or Promissory Notes to order, of Assignations and Cheques, Banker's notes, and other paper payable to bearer. FIRST SECTION. Of Notes or Promissory Notes to Order. 208.　A note to order or promissory note to order is a document dated and signed, by which some one undertakes to pay to the payee or to his order, at his own or some other domicile, in the same community or elsewhere, and with or without stipulation of term, — the sum of money therein expressed, with acknowledgement of value received, or value in account. 209.　All the rules laid down in the preceding chapter with regard to bills of exchange and concerning the day of payment, the endorsement, the individual liability for the whole, the guarantee named "aval", the protest, the rights and obligations of the holder, the re-exchange, interest, and costs, the payment, and payment for honour, the proscription, and other means of extinction of debt , apply to notes to order, or promissory notes to order. SECOND SECTION. Of Assignations. 210.　An assignation is a document dated and signed, by which he who issues it, desires a designated person to pay the sum of money therein expressed to another designated person or his order, in the commune in which such document has been issued, whether acknowledgement of value received, or value in account, be mentioned therein or not. 211.　In case the document has been made payable at another place than that of issue, it is equally considered as an assignation when no acknowledgement of value received, or value in account is expressed therein. 212.　Assignations to order can be endorsed in the same manner as bills of exchange. 213.　The payment of an assignation without term, must be demanded, and — in default —protest be made, at latest within a month after its date, if the person indicated for the payment dwells in the community, where the assignation has been issued; and within three months at latest, if lie resides elsewhere. 214.　Under observance of the distinction made in the 213th Article as to place of residence, — an assignation payable at a certain time after sight must be presented within one month or within three months at latest to the assignee, to be marked by him as "seen", with addition of date. Such marking or annotation alone, without explicit acceptance added thereto, is not held to be an acceptance. On refusal thus to mark the date of presentment, the assignation must be protested as if payment had been refused, and no further protest for non-payment need be made. 215.　An assignation which in consequence of the marking mentioned in the preceding article, or of its tenor', falls due on a fixed time, is payable as similar bills of exchange, and must be protested in like manner in default of payment. 216.　The holder of a protested assignation must give notice thereof to him from whom he has received it in payment, within five days at most, after that of protest. 217.　If the assignation be made out to order and is endorsed, the holder is likewise obliged, under penalty of costs, damages and interest to give notice of the protest to him by whom it has originally been issued. 218.　The holder who has neglected to comply with what is prescribed by the Articles 213, 214, 215 and 216 above mentioned looses his claim for re-imbursement on the party from whom he has received the assignation, if he has paid the value; and, in case this payment has not taken place, he is bound to pay the amount therein expressed. In either case the maker of the assignation is obliged to give up and transfer to the holder, his claim on the person indicated for the payment, to the full amount it expresses, and to furnish him at the same time, at his cost, with the documents requisite to enforce that claim. If the person indicated for the payment was not indebted to the maker of the assignation, or for less only than the amount thereof, the maker is bound to indemnify the holder. 219.　Besides his claim for re-imbursement on the maker of the assignation, every holder can demand it only from the endorser immediately preceding, and may not sue the previous endorsers for it. 220.　Judicial claims resulting from assignations, become proscribed in like manner as those on account of bills of exchange. THIRD SECTION. Of Banker's or Cashier's notes, and other paper payable to bearer. 221.　Banker's or cashier's notes (or cheques on them) and other paper payable to bearer must express the exact date of their original emission. 222.　The original maker of banker's or cashier's notes or other paper payable to bearer by a third person, — whether it be made out in the form of assignation or of receipt — is accountable to every holder for the payment during ten days after its date, the day of date not included. 223.　The responsibility of the original maker however continues if he does not prove his having had ready cash in the hands of the person on whom it was made out, to the full amount of the paper issued, during the time fixed by the preceding article, and that he has since left it with the same. 224.　The original circulator who is liberated from all responsibility by the preceding stipulations, is nevertheless bound to furnish the holder, at his cost, with the documents required to enforce his claim on the person on whom the paper was issued. 225.　Besides the original maker, every one who has given such paper in payment, remains accountable for it for three days, — the day of issue not included, — to the person who has thus received it from him. 226.　If one who has issued one or more cheques or "receipts" on his banker or cashier, is afterwards declared of be in state of failure, the banker or cashier is nevertheless competent to go on paying such cheques or "receipts", with the funds in his hands, until opposition thereto shall have been made, either by one or more holders of other cheques or "receipts", the curators of the estate, or some other party concerned. In case of opposition, or when the banker or cashier has not gone on paying, the funds of the person failed, remaining in his hands, must be kept separate, in order to pay out of the same the holders of cheques or ,.receipts" faithfully issued before the failure, in preference to the other creditors; either in full or proportionately, regardless of the date of the cheques or receipts. 227.　The holder of a promissory note payable to bearer, is bound to demand payment thereof within three days after having received the same, the day of receipt not included, and must, in case of non-payment, present such note, within the same term to him, from whom he has received it in payment, to be withdrawn, under penalty of loosing his recourse on the latter, but without prejudice to his claim on him who has signed the promissory note. Where the promissory note indicates the day on which it is payable, the term of three days only begins to run on the morrow of the pay-day appointed. 228.　Whenever the last day of any term fixed by the present chapter is a Sunday, the obligations and responsibility continue till the following day inclusively. 229.　All judicial claims on the circulators of the paper mentioned in the present section, become proscribed by the lapse of ten years from the day of the original emission. Those nevertheless who avail themselves of that proscription shall be bound to affirm by oath, if required, that they do not owe anything on account of the paper alluded to; and their heirs or representatives, that to the best of their knowledge, nothing remains due on account thereof. The original circulator (maker) of the paper mentioned in the 2-22nd Article is bound to affirm by oath, if required, that he has had amount of the paper issued, in the hands of him on whom it was made out, in ready money, during the term fixed by that article and since left it with him; — and his heirs or representatives, that they faithfully believe this to be a fact. CHAPTER 8. Of reclaiming or revendication in matters of commerce. 230.　In case goods or merchandise have been sold and delivered, and not been fully paid for, the vendor is entitled, on failure of the vendee, to reclaim the same, under the following regulations. 231.　For the exercising of the right of reclaim, it is requisite that the goods or merchandise, — unmixed with others, — be the same which have been sold and delivered. Proof of the identity is admitted even if they should be unpacked, repacked, or diminished. 232.　Merchandise, sold either on a fixed term or not, can be reclaimed while it is still on its way, whether by land or water, or when it exists "in natura" in the hands of the insolvent vendee, or in the custody of a third party who keeps the merchandise for him. In both cases the reclaim can only be effected within the period of thirty days from the day on which the merchandise has been stored under the insolvent vendee, or the third party. 233.　If part of the price of the goods has been paid by the vendee, the vendor, on reclaiming the whole of them, is obliged to return to the estate the money he has already received on account. 234.　"Where a part only of the merchandise sold is found in the estate, the restitution is made proportionately, in accordance with the cost price of the whole. 235.　The vendor who recovers his merchandise is obliged to indemnify the insolvent estate of the vendee for all that has already been paid or is due, for freight, commission, insurance, general average, and whatever else may have been expended for the preservation of the merchandise. 236.　Where the vendee has accepted a bill of exchange or other commercial paper, for the full amount of the merchandise sold and delivered, no reclaim takes place. Where part of the amount due has only been accepted for, the reclaim can take place, under security on behalf of the insolvent buyer's estate for what may be claimed from it on account of such acceptance. 237.　If the merchandise has been "bona fide" taken by a third party as security for loan, the vendor still has the right to reclaim it, but is bound to repay to the money-lender the amount lent thereon by him, together with the interest and charges due. 238.　The reclaim of the goods becomes void, when they have been "bona fide" bought by a third party on invoice and on bills of lading or carriage-notes during the voyage. The original vendor is nevertheless entitled in that case to recover the purchase-money from the buyer to the amount due to him, as long as this has not been paid; and he is privileged for that amount, which may not be included in the insolvent's estate. The regulations contained in the preceding paragraph are applicable also in case, the goods, —after having been in the possession of the insolvent debtor or of some one on his behalf, — have, by regular purchase and delivery, become the "bona fide" property of another party. 239.　The managers of an insolvent estate are at liberty to retain the reclaimed merchandise for the same, provided they pay to the vendor the price, which he had agreed on with the insolvent vendee. 240.　As long as goods or merchandise consigned on commission, remain "in natura" in the custody of the insolvent agent, or of a third party who possesses or keeps the same for him, they can be reclaimed by the consigner under the liability expressed in the 235th article. The same right of reclaim holds good as to the purchase-money of goods, consigned on commission, where these have been sold and delivered by Ihe agent, for as much as the purchase money has not been paid before the failure of this latter, even if the agent should have- charged for his guarantee of the buyer, or under the usual denomination of "del credere". 241.　In case the consigned goods have been "bona fide" taken by a third party, as security for loan, the rules laid down in the 237th article are applicable. 242.　If in an insolvent's estate there be found bills of exchange not yet due, or due and not yet paid, or commercial or other paper placed in the hands of the insolvent, either with orders only to procure payment thereof and hold the amount at the disposal of the sender; to effect payments specially indicated therewith; or designedly intended to cover bills of exchange drawn on, and accepted by the insolvent, or notes made payable at his domicile; — then all such bills of exchange, commercial or other paper, can be reclaimed as long as they exist "in natura" in the hands of the insolvent or of a third person who holds or keeps them for him. — All however without prejudice to the right of the estate, to require security in return for what can be claimed from it, in consequence of the insolvent's acceptances. 243.　In the absence also of the appropriation or acceptance mentioned in the preceding article, bills of exchange, commercial or other paper remitted to the insolvent can equally be reclaimed, even if the same should be brought in account current, provided the sender has not, at the time of remitting or since, been indebted to the insolvent for any sum whatever, the charges on the remittances excepted. 244.　In other cases than failure, merchandise sold without term of payment, and unpaid, can be reclaimed in accordance with the rules laid down in the 11918t article of the Civil Code, under observance of the stipulations contained in the 231st, 233rd, 234th, 236th and 237th articles of the present. 245.　The faculty of reclaiming such merchandise is defeated when the same, after having been in possession of the original buyer or of some one on his behalf, has been "bona fide" sold and delivered to a third party. If however the purchase-money has not been paid by such third party, the original vendor can claim the amount of his bill or invoice out of the same, provided this be done by him within the term of thirty days after the original delivery. CHAPTER 9. Of insurance or insuring in general. 246.　Insurance is an agreement whereby the insurer binds himself to the insured, in consideration of a premium, to indemnify him for loss, damage, or the missing of an expected profit, which he may have to sustain in consequence of an uncertain event. 247.　The subject-matter of insurances may be, (amongst other things): The danger of fire; The damage to which growing crops are exposed; The life of one or more persons; The dangers of the sea, and those of slavery; The dangers of conveyance by land, and by rivers and inland waters. The two last mentioned are treated of in the following book. 248.　The rules laid down in the following articles, apply to all insurances treated of in this or in the second book of the present code. 249.　The insurer is in no case liable for damage or loss directly occasioned by any defect or deterioration peculiar to the species or nature of the thing insured, unless the risk thereof be explicitly included in the insurance. 250.　The insurer is not bound to indemnify if he who has had insurance made on his own behalf, or for whose account insurance has been effected by another, has no interest in the subject-matter insured at the time of insuring. 251.　Every wrong or untrue statement, or the reticence of circumstances known to the insured, — even "bona fide" committed on his part, — which are of such nature that the agreement would not have taken place, or not have been entered into on the same conditions if the insurer had been acquainted with the real state of things, — makes the insurance void. 252.　Except in cases designated by the law, no second insurance may be made for the same time and the same risk on things already insured to their full value, on pain of nullity of such second insurance. 253.　Insurance beyond the amount of the value or real interest, is valid only to that amount. Where the full value has not been insured, the insurer is liable only, in case of damage, in proportion of the part insured to the part uncovered. It may however be conditioned explicitly between the parties, that, notwithstanding the greater value of the subject, damage to the same shall be made good to the full amount of the sum insured. 254.　Abandonment, at the time of, or during the insurance, of what the law requires to constitute the agreement, or of what is expressly forbidden, is void. 255.　Insurance must be contracted by an instrument in writing which bears the name of "policy". 256.　All policies, those of life-insurance excepted, must express: 1. The day on which the insurance has been made; 2. The name of him who makes the insurance for his own account or that of a third party; 3. A sufficiently clear description of the subject-matter insured; 4. The amount of the sum insured; 5. The dangers and perils which the insurer takes for his account; 6. The time at which the risk begins to run for account of the insurer, and when it ends; 7. The premium of insurance; — and 8. Generally, all circumstances the knowledge of which can be of real interest to the insurer; and all other conditions agreed upon between the parties. The policy must be signed by each of the insurers. 257.　The contract of insurance exists as soon as it has been closed, and the respective rights and obligations of the insurer and the insured are from that moment established, even before the policy has been signed. The closing of the contract obliges the insurer to sign the policy within the appointed time, and deliver it to the insured. 258.　Written evidence is required to prove the closing of the contract; all other evidence shall however be admitted, if any beginning of written evidence exists. The special clauses and conditions of the contract can nevertheless be proved by every kind of evidence admissible in matters of commerce, if any difference arises about the same between the closing of the contract and the delivery of the policy; under reserve however that evidence in writing must be adduced of the qualifications of which explicit mention in the policy is required by the law on pain of nullity, for" some kinds of insurances. 259.　Where the insurance is closed directly between the insured or a person authorised or competent thereto and the insurer, the policy must be signed and delivered by the latter within 24 hours after presentment, unless a longer term be fixed by the law for some particular case. 260.　If the insurance has been closed through an insurance — broker, the policy must be delivered within eight days from the closing of the contract. 261.　In default of such delivery in either case mentioned in the two preceding articles, the insurer or the broker is bound to indemnify the insured for the loss which may result from that neglect. 262.　He, who having received from another an order to effect an insurance, retains it for his own account, is held to have taken the risk on the terms prescribed to him, or, in default of any having been stated, on the conditions on which the insurance could have been made at the place where he had to effect the order; and, where such place has not been indicated, — at that of his residence, or the exchange of the place nearest thereto. 263.　In case of sale, and every change of ownership of insured property, the insurance runs on behalf of the buyer or new owner, even without transfer, as respects the damage occurred after the subject-matter has come to be at the risk or profit of the buyer or new acquirer, unless stipulations to the contrary have been made between the insurer and the party originally insured. If at the time of the sale or transfer the buyer or new acquirer refuses to take over the insurance, and the party originally insured remains interested in the subject insured, the insurance continues, thus far, to run in behalf of this latter. 264.　Insurance may be made not only on own account, but also for account of a third party in virtue of a general or special authority, or even without knowledge of the concerned , under observance of the following rules. 265.　Where insurance is made in behalf of a third party, the policy must mention explicitly whether it is done in virtue of his order, or without his knowledge. 266.　Insurance made without order or knowledge of the person concerned, is void, if, and for as much — as the same subjectmatter had been insured by him, or by a third party in virtue of his order, — previous to his being acquainted with the insurance made without his knowledge. 267.　If the policy does not mention that the insurance has been made for account of a third party, the insured is held to have effected it on his own. 268.　The subject-matter of an insurance may be any interest appreciable in money, liable to danger, and not excepted by law. 269.　All insurance on any interest whatever to which damage included in the risk had already accrued at the moment at which the contract was closed, is void, if the insured, or he who — with or without charge — has procured insurance, was aware of the damage existing. 270.　Presumption that the damage was known, exists, where it appears to the judge, that, — all circumstances considered,— sufficient time had elapsed, since the occurrence of the damage, for the insured to be acquainted therewith. In case of doubt the judge is at liberty to require on oath of the person insured or his agents, that they were not aware of the existence of the damage, at the time of closing the contract. Where either party defers the oath to his adversary, it must, in all cases, be imposed by the judge. 271.　The insurer can always have the risk he has taken, re-assured. 272.　When the insured has, by a formal act, liberated the insurer from his subsequent obligations, he may have his interest insured anew for the same period and the same risk. In such case mention must be made in the new policy, — on pain of nullity, — of the previous insurance, and of the judicial renunciation. 273.　When the value of the subjects insured has not been $ffl stated in the policy by the parties, it may be established by any kind of proof. 274.　If the value is stated in the policy, the judge is qualified nevertheless to enjoin the insured to justify the expressed valuation more particularly, where reasons alleged by the insurer afford good grounds to presume it to be overrated. The insurer is admitted, in all instances, to prove judicially that it is so. 275.　When the subject insured however has been previously valued, by competent persons named by the parties and sworn by the judge if required, the insurer cannot come in opposition thereto, except in case of deceit. All saving the special exceptions made by the law. 276.　No damages or loss caused by an. insured's own fault, come to the charge of the insurer. — He may even retain or claim the premium, if he had already begun to run any risk. 277.　Where several insurances have "bona fide''been made on the same subject, and its full value has been covered by the first of them, this latter alone is valid, and the subsequent insurers are released. If the whole value has not been covered by the first insurance, the subsequent insurers are accountable for the part deficient, in order of the time at which the later insurances have been closed. 278.　When more than the value has been insured on the same policy, by different underwriters, even on different dates, they only support collectively the exact value insured, in proportion to the sum for which each of them has respectively subscribed. The same rule applies where several insurances have been made on the same subject on the same day. 279.　In the cases mentioned in the two preceding articles, the insured may not annul the first insurances with a view to bind the subsequent insurers. If he releases the first insurers, he is held to have assumed their place as insurer for the same sum, and in the same rank. If he re-assures, the re-assurers take his place in the same order. 280.　It is not deemed an unlawful contract when, after having insured a subject for its full value , the person interested insures it a second time afterwards, with the special clause that he shall only have right of claim on the new insurers, if, and for as much, as he shall not be able to recover the loss from the first. In case of such contract, those previously closed must, — on pain of nullity, — be duly detailed, and the stipulations of the 277th and 278th articles shall be applicable thereto. 281.　Whenever the contract of insurance is wholly or partially superseded or becomes void, and provided the insured has dealt faithfully, the insurer must return the premium either wholly or such part as for which he has not ran any risk. 282.　Where the nullity of the contract is caused by craft, deceit, or villany of the insured, the insurer receives the premium, without prejudice to the judicial action for which grounds may appear. 283.　Under reserve of the special clauses enacted with respect to some kinds of insurances, the insured is bound to use every endeavour and diligence to prevent or lessen the damage or loss, and to give immediate notice thereof to the insurer, on its occurring; all on pain of costs, damages and interest, when grounds for it appear. The disbursements made by the insured to prevent or lessen the loss, come to the charge of the insurer, even when, added to the loss, they exceed the amount insured, or the endeavours used have been fruitless. 284.　The insurer who has paid the damage on an insured subject, thereby acquires all such right as the insured may have against third parties on account of that damage, and the insured is answerable for every act which may prejudice the rights of the insurer against them. 285.　If during the course of an insurance the insurer is declared to be in state of bankruptcy, the insured is qualified to' require either the annulling of the contract, or sufficient security that all the obligations of the insurer shall be completely fulfilled by the estate. 286.　The reciprocal or mutual insurance-companies are governed by their covenants and statutes, and in case of incompleteness of these, by the principles of the law. — The prohibition contained in the last paragraph of the 289th article is specially applicable to such societies. CHAPTER 10. Of insurance against fire-risk; against the dangers to which standing crops of agricultural produce are subject; and of life-insurance. FIRST SECTION. Of insurance against fire-risk. 287.　Besides the requisites mentioned in the 256th art, the policy of fire-insurance must express: 1. The situation and adjacency of the immovable property insured; 2. Its use or application; 3. The kind and use of the adjacent buildings, for as much as they can influence the insurance; 4. The value of the property insured; 5. The situation and adjacency of the buildings and places where insured movable property has been deposited or warehoused. 288.　Insurance on builded property must stipulate, either that the damage occurred to the property shall be made good, or that it shall be rebuilt or repaired to the extent, at most, of the sum insured. In the first case the damage is estimated by comparing the value which the premises had before the disaster, with the value of their remains immediately after the same, and the loss is then paid in cash. In the second case, the insured is bound to rebuild or repair the premises, — the insurer has the right to ascertain, that the money to be paid by him is actually expended for the purpose within a limited time, if necessary, to be fixed by the judge, who can also, at the insurer's request, enjoin the insured to give sufficient security to that effect, if grounds for this appear. 289.　The insurance may be made for the full value of the property insured. Where rebuilding is conditioned, the insured stipulates that the cost of rebuilding shall be made good by the insurer. Under that stipulation however the insurance may never exceed three fourths of that cost. 290.　The insurer is liable for all loss or damage occurring to the subject insured, by fire, whether occasioned by lightning or any other fortuitous cause, own fire, negligence, fault or villany — of own servants, neighbours, enemies, robbers, and all others however named, in whatever manner the fire may have originated, thought of or not, common or uncommon, none excepted. 291.　With loss by fire is assimilated that which is considered as a consequence of a fire breaking out, even when it results from fire in adjacent buildings, such as deterioration or diminution of the subject insured by the water and other means employed to arrest or quench the fire; the missing of some part of the subject, either by theft or in any other way during the fire; or by the partial or entire destruction of the insured property by public authority to arrest the progress of the flames. 292.　The loss occasioned by the explosion of gunpowder; bursting of a steamboiler; the effect of lightning; or such like events, shall likewise be assimilated with loss by fire, even if a fire should not actually have resulted from such explosion, bursting, or lightning. 293.　If the adaptation of an insured building be changed, and it thereby becomes more exposed to the danger of fire, so that the insurer would not have taken the risk upon it, or not on the same terms, if this had taken place previous to the insurance, his liability ceases. 294.　The insurer is released from his obligations to make good the loss, by showing proof that the fire has been caused by the personal fault or neglect of the insured. 295.　With respect to insurance on movable properly or merchandise in a house, warehouse or other store, the judge can require the insured's oath, in accordance with the 273rd, 274th and 275th art3, where other, or complete evidence fails. The loss is adjusted according to the value which the goods had at the time of the fire. 296.　Unless special conditions be made as to that point in the policy, the denominations of "movable property," "household goods," "furniture," or "utensils," are explained conformably to the first Chapter of the second Book of the Civil Code. 297.　Where it has been covenanted between the debtor and his creditor in a mortgage contract, that, in case of damage occurring to the mortgaged premises insured, or to be insured, the amount insured shall be subrogated to the mortgage to the extent of the debt and the interest due thereon, the insurer is obliged, on notice being given to him, to settle with the holder of the mortgage, for the damage to be made good, 298.　The convenant mentioned in the preceding article, is of no effect, unless, and for as much as the mortgagee's claim would have been ranked as valid, if the loss had not happened. SECOND SECTION. Of insurance against the dangers to which standing crops of agricultural produce are subject. 299.　Besides the particulars required by art. 256, the policy must express: 1. The situation and adjacency of the grounds the products of which are insured; 2. Their adaptation. 300.　The insurance may be made for one or more years. Where no term has been fixed, the insurance is presumed to have been closed for one year. 301.　To adjust the damage, a computation is made of the .value which the crops would have had at the time of reaping, if the disaster had not occurred, and of their value after it. The insurer pays the difference as indemnity. THIRD SECTION. Of life-insurance. 302.　A person's life may be insured on behalf of another who has an interest therein, either for the whole life, or for a period to be determined by the agreement. 303.　The interested party may close the insurance, even without the knowledge or consent of him on whose life it is made. 304.　The policy expresses: 1. The day on which the insurance is closed; 2. The name of the insured; 3. The name of the person whose life is insured; 4. The time at which the insurer's risk begins to run and ends; 5. The sum insured; 6. The premium of insurance. 305.　The amount and conditions of the insurance are entirely at the option of the parties. 306.　If the person on whose life insurance is made had died already at the moment at which the insurance was closed, the agreement is void, even if the insured could have no knowledge of the decease, unless this should have been stipulated otherwise. 307.　If he who has had his life insured commits suicide, or undergoes the punishment of death, the insurance is void. 308.　The present section does not comprise widow-funds, tontines, mutual life-insurance-companies, or similar associations grounded on the chances of mortality, requiring either an investment or contribution, or both. BOOK II. OF THE RIGHTS AND OBLIGATIONS RESULTING FROM NAVIGATION. CHAPTER 1. Of sea-going ships. 309.　Ships are movable property. The delivery or transfer of sea-going ships, or shares thereof, cannot however take place otherwise than by an not or bill of sale transcribed in the public registers kept for the purpose. 310.　When ships belonging to inhabitants of this realm, whilst abroad, are transferred to foreigners, the delivery is made according to the laws and usages of the place where it occurs. 311.　In judicial sales of ships, the rules laid down in the Civil Code must be complied with. 312.　The transfer of property of sea-going ships by sale, either in this country or abroad, cannot take place otherwise than subject to the liabilities and with reserve of the privileges and rights, mentioned in the 313th, 314th and 315th articles. 313.　The privileged debts which in the case adverted to in the preceding article can be recovered out of the proceeds of sea-going ships, are the undermentioned. — They are privileged in the following order: 1. The Salvage, assistance, and pilot dues; 2. The buoy, beacon, lighthouse, and quarantine dues, and other port-charges; 3. The guards', keepers', and porters' wages; 4. The rent of warehouses or stores to deposit the ship's rigging, inventory and implements; 5. The wages of the master and crew; 6. The providing or furnishing of sails, cordage, and other ships-necessaries, and the expenses of maintenance and repairs of the ship and its appurtenances. The money advanced or lent to the captain or paid for him for the benefit and use of the ship; as also the amount due as indemnity for goods which he has had to sell in order to discharge such debts, and — in case money has been taken upon bottomry for the whole or part of the same, — the bottomry-bond with addition of the premium thereon. The debts, above mentioned under Nos. 1, 2, 5 and 6, enjoy the privilege, if contracted on account of the last voyage, namely: Those mentioned under Nos. 1 and 2, and in the last paragraph of No. 6, as far as they have been contracted during the voyage. Those designated under No. 5 and in the first paragraph of No. 6, for as much as they have been contracted from the time of fitting out the ship for the voyage, till the time at which the voyage is held to have ended. The voyage is held to have ended, one and twenty days after the ship has arrived at her destination, or as much sooner as the last goods have been unloaded. The debts, mentioned under Nos. 3 and 4, enjoy the privileges for as much as they have been incurred from the day on which the ship entered the port, until that of its sale. 7. The necessary deliveries and repairs to the ship and her materials not pertaining to those above mentioned under No. 6, during the last three years from the day on which the repairs were completed. 8. She Claims for the building the ship, with interest for the last three years. 9. Bottomry on the ship, her standing and running rigging, and appurtenances, taken for the victualling and equipping thereof, contracted and signed for before its departure; — the bottomry-premium not included. 10. The damages, costs, and interest claimed by shippers for short or improper delivery of goods shipped by them, and those caused by neglecting duty of the master or crew. 314.　The debts mentioned in the preceding article under one and the same number and contracted in one and the same port, have equal rights respectively, but if in the prosecution of the voyage, similar debts be contracted, in need, afterwards in other ports, or even in the same port, in case the ship, after having left it, has had to put back to it anew, then the debts last made are privilege above the first. 315.　Subsequently to the debts mentioned in the 313th article, are privileged 90, the ships therein alluded to: 1. The amount of the purchase-money yet-unpaid, with interest for the last two years; 2. The amount of pledge or indenture-bonds, on the ship for usual debts, with like interest on the same, whether the ship has been put in possession of the creditor or of a third party or not. The claims, mentioned in this article, shall not be privileged, unless they be acknowledged by an act, expressing the amount of the debt and of the interest agreed upon, and entered in the registers designated in the 309th Article. The priority of these debts is regulated by the date of entry. 316.　The privilege, granted by the preceding articles, is lost, if the ship, after having been transferred to another without protest of privileged creditors, has navigated on the name and for account of the new owner, during sixty days after leaving port. Such protest benefits only the creditor in whose name it has been made. These stipulations do not apply to the sale in a foreign country mentioned in the 310th article, in which case the liabilities, privileges, and rights, remain in force. 317.　In case of judicial sale, the judicial charges are privileged above all other debts. 318.　In case of failure or averred insolvency of the owner of a ship, all claims and debts existing at the charge of the ship, are privileged on the proceeds thereof above all other creditors of the estate, under reserve that the precedence does not extend to insurance-money. 319.　The seller of a ship is bound to acquaint the purchaser, by a list signed by him, with all the privileged debts. CHAPTER 2. Of owners, co-owners and managing owners or managers of ships. 320.　When two or more persons employ a ship of which they are joint owners, for their common benefit, this constitutes a community or tenancy in common, the concerns of which are ruled by the joint owners, by majority of votes, in proportion with their respective shares. The smallest share is counted as one vote, and the number of votes accruing to each part-owner, further determinated by multiplication of the smallest share. 321.　The owner of a. ship or the part-owner, each in proportion to his share, are responsible for the acts and engagements of the master in whatever is relative to the ship and the venture. This reponsibility ceases by the abandonment of the ship, and of the freight earned and yet to be earned by it for the venture to which the acts and engagements are relative. Such abandonment is made by notarial act. Every part-owner is released from his responsibility by a like abandonment of his share, in the above stated form. If the owner or. part-owners have insured their interest in the ship and freight, their claim on the insurer is not included in this abandonment. 322.　The owner of a ship or each part-owner for his share, are nevertheless personally liable for all repairs and disbursements incurred in behalf of the ship, by their particular order, or that of the joint owners. 323.　Every part-owner is bound to contribute towards the fitting out of the ship, in proportion to his share, which is liable and accountable for it. 324.　When a ship is lying in a port of refuge or necessity, to be repaired, and the majority of the co-owners is for repairing it, the minority is bound either to consent thereto, or to give up their shares to the majority, which is obliged to accept the same at such price as competent persons shall deem them to be worth. 325.　If the majority determines to dissolve the joint ownership, and sell the ship, the minority is bound thereby. The sale must take place in public, unless the owners should unanimously have decided otherwise. No joint-ownership can however be dissolved, during an undertaken voyage. 326.　No other than a part-owner can be appointed as manager, unless by unanimous consent of all the owners. The manager can be discharged at pleasure. 327.　The managing owner or manager represents the whole society of owners, and can act for the same in judicature or otherwise, in as much as that power has not been limited by the present code, or by particular and express stipulations in the contract of joint ownership, or the so called owners certificate. 328.　He appoints the master and dismisses him as he thinks proper. If the master has been dismissed for - lawful reasons, he has no right to indemnity. In case the dismission has taken place without lawful reasons before the beginning of the voyage, the master is entitled to daily wages for the time of his service only, but if dismissed during the voyage, full wages and the costs of his voyage home, are due to him; all unless other stipulations have been made by written agreement. The same rules apply to the owners and joint owners of the ship. 329.　The dismissed master who has a share in the ship has a right to give up his share to the other joint owners, against payment of the value, to be fixed by competent persons. 330.　The managing owner or manager has the entire management of all that is requisite for the keeping in repair, equipment, victualling and the affreightment of the ship. 331.　For every new voyage or affreightment, the managing owner needs the assent of the other part-owners or of the majority of them, unless a more unlimited authority has been given him by the owners certificate, with respect to this point. 332.　He is answerable to the joint owners for all damages, loss or interest which may incur to them by his fault or negligence. They are privileged for the compensation thereof on his share in the ship. 333.　He is not qualified to have the ship insured without the expressed orders of all the owners. 334.　He is bound to insure such costs of repairs as may have been incurred on the voyage, for as much as the master shall not have taken up money on bottomry for the amount thereof. 335.　His acts and engagements bind all the joint owners in proportion to their shares, but these are qualified to give up their share in the ship, and the freight earned and yet to be earned by the undertaking to whieh the acts and engagements are relative, in the manner mentioned in the 321st art., without any further liability. 336.　In case the managing owner or manager has any repairs done to the ship, or does any act at the special desire of the owners or with their assent, all the owners are liable for the same in proportion to their respective shares. General terms contained in the owners certificate, are not considered as a special charge or assent. 337.　He is bound to afford to every part-owner any information and explanation, he may require, about all matters and circumstances concerning the ship, the voyage, and equipment; as also the inspection of all books, letters and papers, relative to his management. 338.　He is bound to lay before all the joint owners, also at the requisition of any of them, after the termination" of each voyage, a proper account and justification of his management; as well with regard to the state of the ship, and the concern generally, as to the performed voyage accompanied by all the vouchers relative thereto, and to assign and pay to them without delay what they have a right to. 339.　Every joint owner is obliged on the other hand to assist in examining and closing that account, and to pay his share of what is found to be due to the managing owner or manager. 340.　The approbation of this account by the majority, does not preclude the minority from enforcing their rights. CHAPTER 3. Of the master. 341.　The master is charged with navigating the ship | either for the consideration of stipulated wages, or of a share in the profits or freight. 342.　If one or more part-owners, after due warning, fail to contribute their share in the costs of equipment, the master is qualified four and twenty hours after such warning, and being authorised thereto by the Arrondissement Court, to take up money on their account on their share in the ship, even by way of bottomry. 343.　The master appoints the crew and selects the officers and seamen, with the concurrence of the owner or manager, when in the place of their residence. 344.　The master may not discharge any officers or seamen during the voyage, without lawful cause. 345.　He is bound to use all diligence, care and skill, and to indemnify the owner or joint-owner for all costs, damages and interest incurred by them by his negligence or fault in the exercise of his employment. He is answerable for all damages occurring to the goods to be transported, except such as are caused by defect of the goods themselves, by superior power, or by fault or negligence of the shipper. 346.　He is answerable for all the consequences of bad or improper stowage, and placing of the goods in the ship. 347.　Before beginning to load for a foreign destination, the master is bound, at the request and costs of any interested party, to have his ship examined by competent sworn surveyors, appointed for the purpose by the Arrondissement Court, or, in default of such at the place where the ship is lying, by the Canton Judge, to ascertain whether it is provided with all necessaries, and held fit to undertake the voyage. 348.　The master is accountable for all damage occurring to goods loaded by him on deck, without written consent of the shipper. 349.　Without prejudice to the personal responsibility of the master to the shippers, in case of damage to the cargo caused by his negligence or fault, the ship and the freight earned on the voyage are liable to them for the same. The owner or joint-owners of the ship have a right of claim on the master with regard thereto. 350.　The master is bound to sign, or to have signed by his mate, receipts for all goods shipped on board of his vessel, with specification of quantities, marks, and numbers, to be afterwards exchanged for the bills of lading. 351.　He does not take on board any goods of which the leaky or damaged state or deficient package are visible outwardly, without making mention of the defects in the receipts and bills of lading; in default thereof the goods are considered to have been shipped in an apparently good and well conditioned state. 352.　The master may not load any merchandise for his own account, without paying freight for the same, and having obtained the consent of the owner or managing-owner, or of the freighters, if the whole ship has been freighted, unless he should be authorized thereto, in the first case by the conditions on which he has taken service, or in the latter, by the stipulations of the charter-party. 353.　The master who navigates a ship on joint profits, may not load any goods therein for his private account, unless it has been agreed upon. In case of transgression of this interdiction, the goods taken on board for the master's private account are forfeited to the other parties concerned in the cargo, without prejudice to the indemnification of extra charges, damages, and interest, incurred thereby. 354.　When provided with all necessaries, and ready for departure, he must without delay, avail himself of the first favourable opportunity to undertake and perform the voyage for which he has engaged himself. 355.　He may not defer the voyage on account of sickness of any of the officers or crew, but is bound to replace them by others immediately. 356.　If illness of the master precludes his navigating the ship, when it can and ought to depart, he must appoint another master in his stead, or let his mate succeed him, where this can be done without danger for ship and cargo. In case the owner or manager be present at the place of departure, the change can only be effected with his consent. 357.　The master must be provided on board with: 1. The letter of transfer or proof of property of the vessel, or an authenticated copy thereof; 2. The ships-register; 3. The Turkish pass, if requisite for the voyage; 4. The ship's articles; 5. The manifest; 6. The bills of lading and charter-parties; 7. The Code of Commerce. 358.　The master is bound to keep a log-book or journal, which must contain: 1. The daily state of wind and weather; 2. The daily progress or delay of the vessel; 3. The longitude and latitude in which she is on each day; 4. All disasters which befall the ship and cargo, and the causes thereof; 5. The state as much as possible of what has been lost in consequence thereof, or by cutting away; 6. The courses he has steered, and the reasons for deviating from them, either voluntarily or out of necessity; 7. All resolutions taken in ships-council; 8. The discharge of ships-officers or men, and the reasons thereof; 9. The receipts and expenditure concerning the ship, and the cargo, and in general everything, relative to ship and cargo that can lead to accountableness and justification of accounts, or to the making or resisting of any claim. 359.　This log-book or journal shall be kept op day by day, the state of wind and weather permitting, and be dated and signed by the master and mate. 360.　During the voyage the master must avail himself of every opportunity offering to inform the manager of what has occurred to him and the ship. 361.　He is bound to be personally present on board of his ship from the moment he begins the voyage, until he shall have reached a safe road or port. 362.　In whatever danger it may be, the master may not leave the ship during the voyage, without having consulted with the chief men of the ship's company. He is bound in such case to care especially for the preservation of his log-book and other ship's papers, the specie, and as much as possible, for the most valuable goods belonging to the cargo; on pain of being personally answerable for the same. If the goods saved or remaining on board, have, owing to some unforeseen event, and without his fault, been lost or stolen, he is not answerable for them. 363.　He is bound to employ the necessary pilots whereverlaw, custom, or prudence require it. 364.　If while on the voyage he receives information, that the flag has become unfree, he must make for the nearest neutral port, and remain there until the impediment has been removed, or that he can either depart under convoy, or in some other safe manner, or shall have received peremptory orders for his departure as well from the owner or manager, as from the parties concerned in the cargo. 365.　In case of the ship being brought up, seized or detained, he is bound to reclaim it together with the cargo, and must avail himself of every suitable opportunity to acquaint the owner or manager and the shippers or consignees of the goods on board, with the state of his ship and cargo. He is bound meanwhile provisionally to make such necessary arrangements for the safety of ship and cargo as do not admit of any delay. 366.　In the case mentioned in the preceding article, the resolution of the majority of the owners is decisive, and binds the minority. Should however the majority determine not to pursue the business, the 3 minority remain at liberty to enforce their right for their own account, under reserve of the obligation of the majority, to contribute towards the charges, in as much as they should be benefited by a successful result. 367.　In all occurrences of moment, whether in setting sail, cutting away of anchors or masts, jettison of goods , engaging helpers or lighters, putting in a port for shelter, running the ship on shore, and all such like events, the master is bound to consult with his owners or their agents, if present, and, in every instance, with his ship's officers, and principal shipmates or men. Where opinions disagree, that of the master is followed. 368.　If some articles must be thrown over board, the master is bound to sacrifice in preference, if attainable, such as can be best dispensed with, and are the heaviest and tho least valuable, and next the merchandise between decks at his option, after consulting with his officers. The master is bound to put into writing, as soon as opportunity offers, the consultation thus held. This document must contain: The reasons of the jettison; A statement of the goods thrown or damaged. It must be signed by those who have been consulted or state their motives for not signing. It must be entered in the ship's journal or log-book. 369.　The master is bound to affirm by oath the truth of the statement contained in the said document after it shall have been transcribed in his journal, as soon as possible on his arrival at the first port the ship reaches, before the authority designated in the 380th article. 370.　In case of blockade of the ship's port of destination, the master, not having contrary orders, is bound to make for one of the nearest other ports of the same power which it is allowed to enter. The stipulations contained in the 365th art, that respecting reclaiming excepted, are applicable to this case. 371.　While at the place of residence of the owner or part owners of the ship, or their agents or correspondents, the master may not without their special consent, have the ship repaired, buy any sails, cordage or other things for her service, nor take up money on the ship, nor affreight or let her. 372.　If during the voyage it appears necessary to repair the ship, or to provide sails, cordage or other stores, or provisions, or to supply other pressing wants, and circumstances or the distant residence of the owners of ship or cargo preclude awaiting their orders, the master may have such repairs effected or make such purchases or disbursements after having the necessity thereof asserted by a declaration signed by the principal members of the crew, and procuring the authorization of the Netherland consul, or, in default, of the local authorities. If in want of the necessary funds for the purpose, and unable to procure them against his drafts on the manager or owners of the ship, he may, authorized as above, take up money on bottomry on the ship and her appurtenances, and, if need, on the cargo, or, should this prove wholly or partially impracticable, sell goods to the amount wanted. 373.　On the ship's safe arrival at the place of destination, the value of the goods thus sold shall be computed at the market price, which goods of the same description and quality are worth at said place at the time of the ship's arrival. Where such market price is less than that at which the goods have been sold, the profit shall come to the benefit of the owners of the same. Should the ship be unable to reach her place of destination , the price at which the goods have been sold, shall be taken as basis. 374.　If in want of provisions during the voyage, the master may, after consulting the principal part of the crew, compel those who are still provided therewith, to give up their store for the common good, against payment of the value. 375.　The master who has taken up money on the ship, her stores, or provisions, without necessity, sold or pawned merchandise or provisions, or brought in account feigned losses or expenses, is responsible for this to those concerned. He is personally bound to repay the money taken up or the value of the goods, independently of penal prosecution if grounds for it appear. 376.　Any sale of the ship by the master, without special authority of the owner or joint owners, except in case of innavigability legally proved, is void, and valueless, and the master moreover bound in damages, independent of penal prosecution if grounds exist. 377.　Previous to bis leaving a port of shelter, or entering upon his return voyage to this country, 1 lie master is bound to forward to his owner, manager, or their agents, an account signed by him containing a statement of the cargo and the price of the goods taken on board for account of the owners, as also of the cost of repairs effected, the sum borrowed by him, and the names and residences of the lenders. 378.　He is qualified to have insurance effected, before proceeding on the voyage mentioned in the preceding article , on the goods taken on board on the ship's account, or the amount of his disbursements for the ship, provided he gives notice thereof to the owners or manager on sending in his accounts. 379.　Every master of a ship is bound within three times four and twenty hours after entering a port, to exhibit his logbook, and make a report of his voyage, containing: 1. The port and time of his departure; 2. The course he has taken; 3. The dangers which he has encountered, the disturbances , which have occurred on board, and every remarkable circumstance of his voyage. 380.　Such exhibition and report must take place, and be made: In a foreign port, before the consul of the Netherlands, or, in the absence of a consular officer, before a competent authority. In a port of the Kingdom of the Netherlands or its Colonies, in the first instance before the Canton Judge; and in the second case before the competent authority there. 381.　On making his report, wherever it may be, the master is bound to have the "exhibitum" of the authority before which it is made, placed on his log-book or journal, which journal he is bound at all times to show to parties concerned, and to allow them to take a copy of or extracts from it. 382.　In all cases where the master is answerable for number, measure or weight, or interested therein, he may require that the goods be counted, measured, or weighed at the unloading. 383.　In case of shipwreck, entering a port for safety, or damage, the master is bound to make a deposition thereof with all his officers and seamen present, within 24 hours at the first place of arrival, before the public authorities indicated in the 380th article. 384.　All depositions or reports drawn up to serve as proof of losses, disasters, damage, or of any claim whatever, must be affirmed by oath by those who made them, before the competent authority, which is qualified to interrogate the master, officers, and seamen, and even the passengers, as to facts and circumstances. Contrary proof is allowed to all parties concerned. 385.　The 411t h art., the first paragraph of the 412*, and the 415th and 416th articles, also apply to the master, for as much as the occurrences therein mentioned have not been occasioned by him. 386.　The 413th, 414th, 418th, 419th articles, and from the 423rd to the 435th inclusive, likewise apply to the master. 387.　After the termination of every voyage, the master, is bound to furnish the owner or manager with a proper account and justification of his conduct in the command and management of the ship and cargo, and to deliver up to him with the same, against an acknowledgement in writing, all the journals, books, papers, and funds in any way relative to the said account. 388.　The owner or manager is bound to examine without delay the account and justification, and finding them in regular order, to pay to the master such balance as shall thereby appear to be due to him. 389.　In case of a disagreement arising about the account, the owner or manager is bound to pay the master his wages provisionally, under bond for the restitution thereof, and to deposit with the recorder of the Arrondissement Court, for the use of all parties, the journals, books and papers, delivered to him. 390.　Should the master have made a condition for a share in the profits, he must abide, for the settlement thereof, by the judicial regulations existing with respect to commercial partnerships. 391.　The ship with her rigging and materials, and the freight earned, are preferably liable to the master, for his wages or monthly pay, as also for his indemnification and travelling expenses. 392.　If the master is part owner or jointly interested in the ship, his shares and the proportion of profits belonging thereto, are preferably liable to the joint owners for what is due by him to the joint concern. 393.　In case the master is sole proprietor of the ship, he is subject, with regard to shippers or freighters, to all the obligations prescribed to ship masters and ship owners. CHAPTER 4. Of the hiring of ships-officers and seamen, and their rights and duties. 394.　The contract between the master and the shipsofficers and seamen, consists, on the part of the officers and seamen, in engaging their services for one or more voyages, each in his capacity, for a stipulated pay; and, on the part of the master, in an engagement to pay what is due for that service according to the contract or the law. 395.　The conditions of the engagement between the master and the officers and seamen, are proved by the ship's articles. In default of the ship's articles all other lawful evidence is admitted. 396.　The signing of the articles takes place before the official appointed for the purpose by competent authority. He conforms himself in making up the ship's articles, to what is prescribed in the following article, and receives the remuneration allowed him by the regulations: 397.　The ship's articles must contain: 1. The names of the ship, the master, the officers and seamen; 2. The place where the voyage begins, that of the ship s destination; and that where she is to return; 3. The stipulated pay, and whether it is monthly or for the voyage; 4. The advance promised, or received; 5. The obligation of every member of the crew to come on board with his effects at the time fixed by the master, not to be absent from the ship by night either in this or a foreign country without the master's leave, and not to take his effects from on board, without examination by the master or mate; 6. The mate's declaration of his having already performed a voyage to the place of destination as officer, or not. 7. The competency of the master to put on shore and dismiss without wages, before leaving port, any member of the crew who has engaged himself in a capacity for which he is unfit and to assign to such person the quality and wages which he shall think proper, if his unfitness is discovered after the ship's departure; 8. Particulars of the victuals or what are termed rations, which under ordinary circumstances, must be allowed weekly to each man; 9. The obligation to obey without contradiction to the master and officers, each in his capacity, and to abstain from drunkenness and fighting. 10. The textual insertion of the 404th, 423rd, 442nd, 443rd, 444th, and 446th articles of the present Code; 11. The stipulation that whoever deserts and leaves the ship before being dismissed, forfeits the wages due to him; 12. The obligation of the mate to take care of the proper placing and stowing of the goods to be taken on board, under penalty of indemnification; 13. The obligation of the mate to remain on board day and night, while any merchandise remains in the ship, and to take care of the closing and locking, especially by night; 14. The obligation of the officers and seamen to behave properly and in orderly manner with regard to public worship, and on all other occasions; 15. The general obligation to comply besides with whatever is further prescribed by the Code of Commerce; 16. Finally whatever may have been further agreed between the parties. 398.　A master who has taken his departure with his ship without the ship's articles being made up and signed where this is required, shall forfeit to the owner or jointowners f 100, say one hundred guilders; the mate f 50, say fifty guilders, and the remainder of the ship's company a month's wages. 399.　The reciprocal obligations between the master and the officers and seamen begin the moment after signing the articles. 400.　The articles Laving been signed, the officers and seamen are bound to repair on board at the master's command, and to put in order and load the ship. 401.　No one may absent himself from on board without leave from the master or his representative. 402.　The master or his representative, can call in the public force against those who refuse to come on board, who absent themselves from the ship without leave, and refuse to perform to the end the service for which they are engaged. The expenses thereby incurred can be deducted from the delinquent's wages, without prejudice to his liability to damages and interest where assignable. 403.　Besides the wages agreed upon with seafaring men, proper sustenance is due to them during their service. 404.　The ships-officers and ship's company are bound to assist the master in all cases of agression and calamities befalling the ship and cargo. 405.　All ships-officers and men who engage themselves as duly quali fied, are answerable on that account for any damage caused even by ignorance in the performance of their duties. 406.　The mate who engages himself for a port whither he has never navigated as officer, without declaring this on signing the articles, or who has falsely asserted his having made a voyage thither in that capacity, forfeits his full wages, and, in case of damage occurring to the ship or cargo through his ignorance, he is bound to indemnify the same, independent of punishment if grounds for this appear. 407.　If the master, while in a foreign country, thinks fit to proceed to another port, the mate is bound again to make a declaration as prescribed in the preceding article, before he undertakes the voyage under the same liability to forfeiture, indemnification and punishment. 408.　If in such case, the mate declares never to have made a voyage to that place as officer, he shall nevertheless continue in service for (he wages agreed upon, or, if engaged for the voyage, against an augmentation of pay, proportionate to the prolongation and the nature of the voyage. 409.　The master may not in such case, dismiss the mate without paying him in full the wages agreed upon for the voyage, and that, if engaged by the month, up to the time at which the voyage would probably have ended. He is bound moreover to indemnify the mate for his travelling expences to the place where he has been engaged. He is not obliged to this payment or indemnity, if the mate has on his engagement, falsely declared to the master that he had already made such voyage as officer before. 410.　The ships-officers or seamen may not, without paying freight and without consent of the owners or, if the whole ship is freighted, of the freighters, load any merchandise on their own account, unless it has been otherwise agreed on their taking service, or by the charter-party. 411.　In case the voyage be entirely given up by means o the owner, the master, or the freighter, it is left at the option of the officers and seamen, either to keep as indemnity what they have received as advance, or to claim a month's wages under deduction thereof; or, if engaged by the voyage, one fourth of the pay agreed upon. In whatever manner they may hare been hired, they remain entitled to their pay for the number of days during which they have done duty since signing the ship's articles, in proportion to the wages or pay agreed upon. 412.　The suspension of the voyage taking place after its having been entered upon, they receive over and above the pay already earned, as indemnity, double of what has been fixed by the preceding article, and the necessary travelling expenses to the place of the ship's departure, in such manner however that the pay earned, added to the indemnity, does, in no instance, exceed what they would have received if the voyage had been completed. The allowance for travelling expenses to the officers end ship's company, is computed in proportion to the pay agreed upon with each of them, and is, in case of disagreement, submitted to the decision of the consul of the Netherlands, or, in default of such, to a competent authority at the place where the ship is lying. 413.　If previous to the beginning of the voyage, trade with the place whither the ship is bound, or the exportation of the articles for which it has been specially freighted, be forbidden, or the ship be seized by authority before the commencement of the voyage, wages are only due for the time during which the officers and seamen have been in service, under deduction of what they have received as advance. 414.　Such interdiction or seizure taking place after the commencement of the voyage, they retain their full wages until discharged, and receive for travelling expences what has been fixed by art, 412. 415.　If the voyage be protracted by means of the master or freighter, by stay in a port of shelter, by unlawful capture or detention, or by other causes in behalf and for the safety of ship and cargo, the pay of the officers and men who have been engaged * for the voyage must be augmented in proportion with such prolongation. 416.　Where the officers and seamen have been engaged on share in profits or freight, no indemnity or hire is due to them on account of breaking off, delaying or prolongation of the voyage caused by a superior power. If the breaking off, delaying, or prolongation of the voyage is caused by the shippers of the cargo, the ship's company participate in the indemnity assigned to the ship. Such indemnity is divided between the owners and the ship's company in the same proportion as would have been adopted with regard to the freight. If the breaking off, delaying or prolongation of the voyage takes place by means of the master or owners of the ship, they are liable to the same proportionate indemnity to the ship's company. 417.　Where the officers and seamen have been engaged for more than one voyage, they have a right, at the end of every voyage, to claim their full pay for the one already completed. 418.　The ship's officers and ship's company cannot claim any wages or pay for the voyage on which the ship is captured or declared lawful prize, or on which she is so stranded and broken, that ship and cargo are totally lost. They are not liable however to the restitution of what has been paid them in advance. 419.　When part of the ship has been saved, the officers and ship's company have a right to claim the wages due to them, out of the proceeds of what has been saved of the wreck or remains of the ship. This being insufficient, or when goods alone have been saved, the freight earned is accountable for such wages. 420.　The officers and ship's company engaged on share in the freight, have a claim on the freight only, in proportion to what the master or charterer receives. 421.　On whatever footing the ships-officers and crew have been hired, they are always paid for the days during which they have been employed in saving the lost ship and goods. Particular diligence crowned with success, is in that case rewarded extraordinarily in the way of salvage. 422.　Extra service is taken note of in the log-book or journal , and can give claim to extraordinary reward. 423.　Every member of the ship's company who becomes ill during the voyage, or, in the service of the ship, is wounded or maimed in battle against an enemy or pirates, continues entitled to his pay, and has a right to care and cure; and, if disabled, to damages, in as much and in such a shape or manner, as the judge, in case of disagreement, shall deem equitable. 424.　The expenses incurred for attendance and cure and damages, come to the charge of the ship and the freight earned, if the illness, wounding, or disabling, have occurred in the ship's service. They are assessed as general average on the ship and her freight and cargo, if they have been occasioned by battle in the ship's defence. 425.　If the sick, wounded, or maimed seaman, be not so far recovered at the ship's departure that he can be taken on board with safety, the said attendance and treatment shall continue until his recovery. The master is bound before his departure to pay the said expenses and to provide for the maintenance of the sick or wounded seaman. 426.　The sick, wounded or maimed man continues entitled not only to his pay during the cure, but also till the day on which he can have returned to the place from which he started with the ship, and to a reasonable indemnity for his travellingexpenses thither. 427.　In the cases mentioned in the 424th, 425"1 and 426th articles, he has no further claim than on the ship and the freight earned, or on the ship and the freight earned and on the cargo. 428.　Where a ships-officer or other member of the crew having left the ship without leave, becomes ill, is wounded, or maimed on shore, the expenses of his treatment and cure remain at his charge. 429.　The body of one of the ship's company, who has died during the voyage must be buried at the ship's expense, or put overboard, as the master may decide. 430.　The master is bound to take charge of the effects left on board by the deceased, and to make a proper inventory of the same in the presence of two of the ship's company, which must be signed by him and the said two men. 431.　The pay or wages are due to his heirs under the following distinctions: If he be engaged by the month, to the end of the running month; If for the voyage out and home, one half if he dies on the outward voyage; The whole if he dies on the voyage home. If the deceased was engaged on part of profit or freight, his share is due in full if he dies after the commencement of the voyage. The pay of men who have died in the defence of the ship, is due wholly for the whole voyage, if the ship reaches a port in safety. 432.　Ransom to liberate a seaman captured on board of the ship and enslaved, cannot be claimed from the master, owners or freighter. He is entitled to his pay up to the day on which he was captured and enslaved. 433.　A man captured and enslaved while sent out at sea or on shore in the ship's service, has a right of claim on the ship and freight for the payment of his full wages, according to the prescriptions of the 418th and 419th articles. He is also entitled to an indemnity for his ransom, if the ship completes her voyage in safety. 434.　The owners of the ship are liable to such indemnity if the seaman has been sent out at sea or on shore in the ship's service. This indemnity comes to the charge of the owners of the ship and her cargo, if this has taken place for the benefit of ship and cargo. 435.　The amount of such indemnity, the mode of payment and use of the money, are determined by a regulation issued by the King. 436.　If the master discharges for lawful reasons officers or men, he must pay them their wages earned, calculated in proportion to the voyage performed, up to the day of discharge; and for the days during which they have been in service, in case the discharge is given before the beginning of the voyage. 437.　The following are considered lawful reasons: 1. Disobedience; 2. Habitual drunkenness; 3. Fighting on board; 4. An interruption of the voyage legally allowed or prescribed , provided it be in conformity with what the law stipulates in this case. 5. Absence from on board without leave. 438.　Any officer or seaman who shows proof of his having been discharged without lawful reasons after having signed the articles, is entitled to indemnity at the master's charge. 439.　The indemnity is fixed: If the discharge takes piace before the beginning of the voyage, at one third of what the man discharged could probably have earned; If it takes place during the voyage, at the full pay which he would have earned from the moment of discharge to the end of the voyage, and the expenses of the voyage home; The master can in neither of these cases claim the amount of the indemnity from the owner or joint owners, unless he has been authorized by them to discharge the man. 440.　The officers and crew can refuse service in the following instances: 1. If the master wishes to alter the voyage for which they have engaged themselves; before it has begun; 2. If, previous to the beginning of the voyage, the State becomes involved in a maritime war, or if, during the ship's stay in a port of shelter, a war breaks out between this State and one of the Barbarian powers, by which the ship may be considered to have been brought in positive danger; 3. If before the beginning of the voyage, or while the ship is lying in a port of shelter, certain intelligence is received that the plague, yellow fever, or other contagious disease prevails at the place whither the ship was bound; 4. If the ship goes entirely over into the hands of other owners, before the commencement of the voyage; 5. If before the beginning of the voyage the master dies, or is dismissed by the owners or managing owner; 6. If it had been agreed to depart under convoy, and no convoy is granted. 441.　If, while in foreign parts, the master thinks proper to proceed to another free port and to unload or reload the ship, the crew must remain in service, even when the voyage is prolonged thereby. In this case the pay of those engaged for the voyage is increased in proportion. 442.　The master may not during the voyage pay more to the crew on account than one third of their wages earned. 443.　On discharging them in foreign parts, he is bound to pay each what is due to him. He can do so by a bill on the owner or managing owner. The second paragraph of the 321st Article is not applicable to this case. 444.　The officers or the crew may not on any pretence whatsoever trouble or impede the master or the ship by lawsuits of any kind, before the voyage is ended', on pain of forfeiture of the whole of their pay. They can, however, while the ship is lying in a port, claim their discharge from the consul of the Netherlands, or, in default, from the authorities of the place, if the master has ill-treated them or witheld from them victuals and drink. 445.　At the end of the voyage, the owner or managing owner is bound to deliver the effects, money, and the wages earned, of such of the crew as have died during the voyage or have been left behind, to their heirs or representatives, and, if these cannot be immediately found out, to act therewith in accordance with the existing regulations on the subject. 446.　After the completion of the voyage for which the crew was engaged, they must, at the master's or owners' desire, unload and stay the ship, bring it to its berth, and moor and unrig it; and, further, within three days after the unloading of the ship, make a deposition or report upon oath, either alone or with the master. 447.　As soon as the requirements mentioned in the preceding article have been complied with by the officers and crew, they must be immediately discharged, and the wages earned paid them within four and twenty hours. 448.　For every day the ship's officers and seamen are detained by the master, managing owner, or owner for the payment of their wages without lawful reasons, the latter forfeit on behalf of an officer, three guilders, and on behalf of any other of the crew one guilder and fifty cents. 449.　Where the detention mentioned in the . preceding article is caused by the master or managing owner, the increased payments which they have had to make in consequence thereof, are not admitted in their respective accounts of disbursements for the ship. 450.　When a ship is lost or captured and declared lawful prize without any freight being earned or any thing saved, those of the crew, who return, are nevertheless bound to confirm the depositions of the master, or conscientiously to report, or depose upon oath themselves, against the payment of a reasonable indemnity per day for their detention. 451.　The ship and freight are specially liable for the wages u indemnity, and travelling expenses of the crew. 452.　The ship's officers and crew bind by their neglect or misconduct committed in the service, the ship and freight in behalf of the owner of the cargo who sustains damage thereby, saving the ship-owners' claim for redress on the master, and his recourse on the crew; all in conformity with what is stipulated in the last paragraph of the 1403rd article of the Civil Code. The wages and hire of the master, officers and crew, are specially liable for such recovery. CHAPTER 5. Of the freighting and chartering of ships; of charterparties and bills of lading, and of passengers. FIRST SECTION. Of the form and object of contracts of affreightment and charter of vessels. 453.　Charters are made: 1. For the whole or part of a ship, and for the performing of one or more voyages; 2. By loading of piece-goods or a general cargo, where the master of a ship contracts with any party offering, to load and convey the quantity of goods he thinks proper. 454.　When a ship is wholly or partly freighted for a seavoyage, a written contract of affreightment called "charterparty" must be made. 455.　This contract contains: 1. The name and measurement of the ship; 2. The name of the master 3. The names of the affreighter and freighter or loader; 4. The place and time fixed for loading and unloading; 5. The freight agreed upon; 6. The stipulation that the affreightment is for the whole, or for a part of the ship; 7. The indemnity agreed upon for delay. 456.　When the whole of a ship is freighted, the cabin is not included therein. It is, however, not allowed to the master to load any merchandise in the cabin for himself or others, without the freighter's leave on pain of costs, damages and interest. 457.　If the time allowed for loading and unloading has not been fixed by the charter-party, it must be completed, in the Realm and the colonies of the State, within fifteen working-days after the master shall have declared that he is ready for loading or unloading. For lighter-men that time is fixed at three working-days after arrival. The negligent party shall be liable to the master or lighterman for demurrage. Where one part of the cargo is to be shipped or landed in one place, and part al another, the time allowed for loading or unloading is suspended during the voyage or removal of the ship from the one place to the other; and this interval cannot be brought into account. 458.　In foreign parts the time allowed for loading or unloading, if not fixed by the charter-party, is determined by the law or custom of the place. 459.　The affreighter or master who has stated the measurement or capacity of the ship to be greater than it really is, is obliged to a proportionate reduction of the freight, and to indemnify the freighter for costs, damages and interest. Where the statement does not exceed the actual capacity of the ship by more than one fortieth part, the difference is not taken into consideration. 460.　If the time and mode of payment of the freight are not fixed by the charter-party, it can be claimed immediately against delivery of the goods loaded. 461.　Ships may be chartered by the voyage, or by the month, or in such other manner as parties may agree upon. 462.　The voyage is considered to have begun as soon as the ship has left the place where it commenced loading, or, if going in ballast, when the ballast has been taken in. 463.　If a ship is chartered by the month and no agreement to the contrary is made, the freight runs from the day of departure determined by the preceding article. SECOND SECTION. Of the rights and obligations of affreighters and freighters. 464.　When the freighter has not made any use of the time allowed him by the law or by the charter-party for loading, the affreighter is entitled, at his option: either to the indemnity fixed by the charter-party for the time which he waits, beyond the period allowed, or, if not fixed, to claim such indemnity on an estimate by experts; to hold the contract of affreightment and charter-party to be broken, and claim from the freighter one half of the freight, primage and average agreed upon; — or, three times four and twenty hours after having given due notice, to undertake, without cargo, the voyage for which the ship has been chartered, and after the performing thereof, claim from the freighter the full freight due, and demurrage if any has taken place. 465.　If the freighter has only employed part of the time allowed for loading, the affreighter has the choice, either to claim the indemnities mentioned in the preceding article, or to perform the voyage partly loaded in the manner indicated in the last paragraph of that article. 466.　When the ship has undertaken the voyage partly laden or without any cargo, and meets with some casualty on the voyage, whereby expenses are incurred, which, on a full laden ship, would have to be borne as general average, the affreighter is entitled to claim from the freighter two thirds of the amount of such expenses on what has not been laden. 467.　The affreighter or master is entitled to one half of the freight fixed by the charter-party, if the freighter gives up the voyage before the expiration of the lay-day allowed, without having laden any cargo onboard. 468.　In cases which give the affreighter the right to perform the voyage loaded in part only or without cargo, he is at liberty, without the freighter's consent, to let the master load merchandise from other parties, as security for the freight and average. The freighter then becomes entitled to the benefit of the freight of such goods, and is released from the liability of participating in the average on the same. 469.　When the freighter ships more goods than was stipulated by the charter-party, the affreighter is entitled to the freight of what has been shipped in excess, in proportion to the rate fixed by the contract. 470.　The affreighter not having the ship ready at the time fixed by the contract, or not delivering it actuallyready to load, is liable, on behalf of the freighter, for the indemnification of costs, damages and interest. 471.　The freighter is bound to deliver to the affreighter or master all papers and documents required by the law for the conveyance of merchandise, within twice four and twenty hours after loading, if this has not been otherwise agreed upon. In default thereof the freighter is liable for indemnification of costs, damages and interest, and the affreighter or master can, according to the circumstances, moreover be authorized by the magistrate to unload those goods. 472.　When a ship is laying on for a general cargo, the affreighter or master is at liberty to determine how long he shall wait for cargo. That time having expired, the master is bound to avail himself of the first fair wind, tide and opportunity to depart, unless he should be able to agree with the shippers about a further delay. 473.　When a ship is laying on for a general cargo without a time being fixed for loading, every shipper is at liberty to unload his goods again, without payment of the freight, but on restitution to the master of the bills of lading signed by him and on sufficient guarantee for all claims, if one or more of them should have been despatched, and payment of the charges incurred or to be incurred by the loading and unloading. If however the ship had already more than half her cargo onboard, the captain is bound to avail himself of the first favorable wind, tide, and opportunity to depart, eight days after being summoned thereto, if the majority of the shippers desire it, in which latter case no shipper has a right to take back his goods. 474.　When a ship is detained at her departure, during the voyage, or at the place of discharge, by the fault or neglect of the freighter or one of the shippers of the cargo, the freighter or such shipper is bound to indemnify the affreighter or master and the other shippers for costs, damages and interest occasioned thereby; for which indemnity the merchandise shipped by him is liable. 475.　The affreighter or master is bound to indemnify the freighter or shippers of cargo for all costs, damages and interest, if the ship is seized or detained at her departure, during the voyage, or at the place of discharge by his fault or neglect. 476.　If the affreighter sustains any loss in this respect by the fault or neglect of the master, he recovers it from the same. 477.　A freighter or shipper, who, without the master's knowledge or consent, loads goods, the import or export of which is prohibited, or otherwise without the master's knowledge or concurrence, proceeds in an illicit manner in loading or discharging, is bound to indemnify the ship, the master and all further parties concerned for the consequences thereof, and to pay the full stipulated freight and general average, even when the goods are confiscated. 478.　When during the voyage the master is compelled to have the ship repaired, the freighter or shipper must await the completion of the repairs, or, if he prefers it, unload the cargo and take charge thereof, against payment of the full freight and the general average due, and subject to the stipulations contained in the 511th article. No freight is due by him during the repairs, if the ship is chartered by the month, nor any augmentation of freight, if she has been freighted by the voyage. If the ship cannot be repaired, the master is bound to hire another vessel or other vessels for his account, to convey the cargo to the place of destination, without being entitled to claim any augmentation of freight. If he has not been able to procure any other vessel at the place or neighbouring places, the freight is only due to him in proportion to the part of the voyage already performed. In this latter case, the care of transporting the cargo further devolves on the shippers respectively, without prejudice to the obligation of the master not only to acquaint them with the state of things, but also .to take in the meantime the requisite measures for the preservation of the cargo. All, unless otherwise agreed upon by the parties. 479.　The freighter is not chargeable with any freight, and has a right to indemnification, if it appears that the ship at the time of undertaking the voyage was not in a proper state to perform it. Evidence thereof is admitted notwithstanding and in opposition to the certificates of survey, effected before the departure. 480.　If the master has been under the necessity of selling goods in comformity with the 372nd article, the freight for these goods is due in full if the ship arrives safely, and, if she be lost, in proportion to the part of the voyage performed. 481.　Freight is also due for the goods which, for the general safety, have been jettisoned, in as much as a repartition of the loss, occasioned by the jettison, is required by the present Code. 482.　No freight is due for goods lost by shipwreck t stranding or through other inevitable causes, or taken by pirates or enemies. The freighter can even claim the restitution of what has been paid in advance if no agreement to the contrary has been made. 483.　Ship and cargo being ransomed or redeemed, or goods saved after shipwreck, the freight thereof is due, for as much as the voyage cannot be completed, to the place where the ship has been taken, or where she has been wrecked, in proportion to the freight agreed upon. If the ransomed or redeemed goods are delivered by the master at the place of destination, the master or affreighter is entitled to the full freight. In the cases provided for in the first and second paragraph of this article, the affreighter or master contributes to the costs of ransom or salvage by way of general average. 484.　No freight is due for goods which, having belonged to the cargo of a ship, are fished or rescued at sea or on coasts, without the master's action and afterwards delivered to the parties concerned. 485.　The affreighter or master has the right to compel the freighter or consignee of the cargo to discharge against payment of the freight and average due to him, when the time stipulated by the charter-party or the law for unloading is expired. 486.　If the laydays have expired, or if a difference about the unloading arises, the affreighter or master is qualified, after having obtained judicial authority, to discharge the cargo, and to place it under the care of a third person appointed for the purpose, without prejudice to his claims on the same. 487.　The affreighter or master may not retain the goods onboard for the freight, charges and general average. He has the right to require their being warehoused and placed under the care of a third person until payment of the freight, charges and general average, and, if perishable goods, he may require their being sold. If the general average cannot speedily be estimated, he is entitled to require the deposit in court of an equitable sum to be fixed by the court for the same. 488.　If the master has delivered the goods without receiving payment of the freight, average and other charges, of, without availing himself of the means of security, allowed by the laws of the place of discharge, he looses his claim on the freighter or shipper, in case the latter shows that he has settled the amount thereof with the receiver of the goods , or would be unable to obtain its restitution in consequence of his failure. 489.　If the consignee refuses to receive the goods, the affreighter or master is qualified, on being judicially authorized, to sell part, or if necessary, the whole, of the goods, to the amount of the freight, charges and average, provided he deposits the remainder in judicature, and without prejudice to his claim on the freighter or shipper for any deficiency. 490.　The affreighter or master is privileged on the goods shipped, before all other creditors, for freight, charges and average, during twenty days after the delivery, if they have not passed into the hands of a third person. 491.　In all cases where the freight has been stipulated by number, weight, or measure, the affreighter has the right to require the counting, weighing, or measuring immediately at the discharge. 492.　If, in the case mentioned in the preceding article, the goods are delivered from onboard without counting, weighing or measuring, the receiver of the same is qualified to prove the identity, number, measure or weight of the goods, even by testimony of the persons whom he has employed to receive and store them. 493.　If damage, deterioration, robbery or diminution of the goods is suspected, the master, consignees or parties concerned, are respectively qualified to require a legal investigation, survey and valuation of the loss, before, or at the discharge. Such requisition being made by the master, does not prejudice his means of vindication. 494.　If the goods have been delivered from onboard by the master against a receipt or acquitted bill of lading on 'which mention is made of their having been landed in a damaged, deteriorated, depredated or diminished state, the consignee is qualified to procure evidence of their condition by a legal inspection, provided this be asked within twice four and twenty hours after the delivery. 495.　If the damage or diminution is not visible outwardly, the legal inspection can take place with legal effect after the goods have been brought under the management of the receiver or consignee, provided this inspection be made likewise within twice four and twenty hours after the discharge, and that the identity of the goods can be satisfactorily shown, in accordance with the 492nd article of this chapter or by any other legal evidence. 496.　The contract of affreightment having been fulfilled by the affreighter and master on their part, the freighter can never claim any reduction of the freight. 497.　The shipper can under no circumstances abandon the V goods for the freight. Casks, which have been filled with liquids, and which have leaked during the voyage, so as to be entirely or nearly empty, can however be abandoned for freight, average and charges. 498.　Foreign ships being chartered in this country, the masters as well as the ships and, when freighted in a foreign place, the masters, with regard to the discharge, are subject to this Code in every thing which must be done or executed in this country. THIRD SECTION. Of the dissolution of the contracts of affreightment. 499.　The contract of affreightment is legally dissolved without the parties having any claim on each other for freight or indemnity, if one of the following circumstances occurs before the beginning of the voyage: 1. That the departure of the ship is prevented by inevitable causes, whether she be chartered for the exportation of cargo from this country, or affreighted and chartered by citizens of the Netherlands, residing in this country, while laying in a foreign port; 2. That a prohibition of export from the place of departure, or a prohibition of import at the place of destination, exist, either of all or of some of the articles mentioned in one and the same charter-party; If the prohibition affects only a part of the cargo, the shipper shall be at liberty to maintain the agreement, provided he indemnifies the affreighter; 3. That trade with the country whither the ship is bound, is prohibited. In all these cases the charges of loading and unloading are for account of the freighter. 500.　The contract of affreightment can be annulled at the requisition of one of the parties, when a war breaks out before the beginning of the voyage, in consequence of which ship and cargo, or either of them, can no more be considered as neutral property. Ship and cargo being both equally unfree, the affreighter and freighter cannot claim any indemnity from each other, and the charges incurred by loading and unloading are for account of the freighter. If the cargo alone is unfree, the freighter pays to the affreighter all necessary disbursements for fitting out the ship for the voyage, together with the wages and board of the crew, paid by him up to the day on which the rescinding was required, or the goods already shipped were unloaded. If the ship alone is unfree, the affreighter or master pays all the charges of loading and unloading. 501.　In the cases mentioned in the two preceding articles, affreighter or master retains his claim for demurrage if any has been incurred, likewise for general average for damages sustained previous to the dissolution or rescinding of the agreement. 502.　When a ship chartered for more than one destination, after performing one voyage, is staying in a port from which another voyage should begin, and a war breaks out before this latter has been entered upon, the following roles must be complied with: 1. Ship and cargo being both unfree, the ship must remain there until peace be restored, or until she can safely depart under convoy or otherwise, or until the master shall have received the necessary orders from the owners of the ship and cargo, and no longer. If the ship be loaded, the master may have the cargo deposited in warehouses or other safe stores, until the voyage can be pursued or other arrangements be made. The board and wages of the crew, the rent of the warehouses, and other expenses caused by the detention , are supported by the freighter and affreighter by way of general average. If the ship be not yet laden, two thirds of those charges come to the account of the freighters. 2. If the ship alone is unfree, the contract for the voyage not yet performed, is annulled at the requisition of the affreighter. If the ship is loaded, the affreighter or master pays the charges incurred by loading and unloading, "and is only entitled to the freight for the voyage already performed, demurrage, and general average. 3. If on the contrary the ship is free, and the cargo alone unfree, and the freighter declines loading the ship, the master is at liberty to depart without cargo and to perform the voyage for which the ship is chartered; after the completion of the voyage, the full stipulated freight shall be paid to him or the affreighter. With regard to damages and charges, to the taking in of a new cargo and the profit arising from the freight thereof, the stipulations of the 466th and 468th articles are applicable. 503.　If a ship, lying in this country or elsewhere, being chartered to proceed in ballast to another port to be loaded for a voyage, after arrival at the place of loading, is prevented by war to pursue such voyage, the contract is considered as annulled, if both ship and cargo arc unfree, without the parties having any claim on each other. If the cargo alone is unfree, the parties are released from each other by the payment of one half of the stipulated freight. 504.　If trade with the country whither the ship was proceeding is prohibited, and she is thereby compelled to return with the cargo, no more is due than the freight for the outward voyage, although the ship had been chartered for the voyage out and home. 505.　When the voyage of a ship, either before the beginning, or in the course thereof, is temporarily interrupted by embargo, or by another measure or means of a superior power, without the fault of the master, owner or freighter, the agreements remain in force, without any damages being due on either side. No freight is due by the freighter during the detention caused thereby to the ship, if she has been chartered by the month, nor any augmentation of freight, if chartered for the voyage. During this impediment the shipper may discharge his goods at his own expense, provided he reloads them again afterwards or indemnifies the affreighter or master. 506.　All the rules laid down in this section apply equally to charterings for a general cargo. FOURTH SECTION. Of Bills of lading. 507.　The bill of lading contains: 1. The name of the freighter, or shipper; 2. The designation of the person to whom the goods are sent; 3. The name and domicile of the master; 4. The name and sort of the ship, and the place to which she belongs; 5. The kind, quantity, marks and numbers of the goods to be transported; 6. The place of departure, and that of the destination; 7. The stipulations respecting the freight; 8. The signature of the master and that of the shipper or of him who manages the shipment for him. 508.　The bill of lading may be to order, to bearer, or to a particular person. That made out to order can be transferred by endorsement. 509.　Of every bill of lading four original copies at least are made: one for the freighter or shipper; one for the consignee of the goods; one for the master; one for the owner or joint owners. These four original bills of lading must be signed within four and twenty hours after the shipment, and delivered against restitution of the receipts provisionally given. 510.　The master is bound nevertheless to furnish the freighter or shipper with as many bills of lading of the same tenor, as he may desire. 511.　The freighters or shippers cannot discharge again the goods shipped, without restoring all the bills of lading delivered to them for the same by the master. When one or more of the bills of lading have been dispatched, the discharge can only take place on judicial authority, alter investigation of circumstances, and under the shipper's security for all claims for the bills of lading dispatched; under any circumstances, against payment of the full freight of the goods shipped by him, and the charges of discharging and of restowing the remainder of the cargo; all without prejudice to what has been stipulated by the 473rd article. 512.　The bill of lading made out in the before mentioned form serves as evidence between all the parties concerned in the shipment, and between those interested in the cargo and the underwriters, under reserve to these latter of contrary evidence. 513.　When the goods have been shipped without being counted, weighed or measured, the master may note on the bill of lading that the kind, number, weight or measure are unknown to him. 514.　If the master can prove that the quantity of goods mentioned in the bill of lading cannot have been loaded in the ship, that proof holds good against the shipper, but he is bound nevertheless to indemnify the consignee, if this latter has paid or advanced more to the shipper on the faith of the bill of lading than the ship had onboard; without prejudice to the recourse of the master on the shipper. 515.　Where a difference exists between bills of lading of one and the same cargo, the most regular one has the preference. 516.　Where several persons are each holders of a bill of lading of the same goods, he that holds one made out in his name direct, is entitled to the provisional warehousing, in preference to him, who is only in possession of one made out to order, or to bearer. 517.　If all the bills of lading of the same goods are made out respectively in the names of their several holders,! or all to order or to bearer, judicial authority must! decide which of them is entitled to store the goods provisionally. 518.　If the master is aware of there being more than one holder of a bill of lading of the same goods, or of an attachment having been laid thereon, he may not discharge the same without authorisation of the Arrondissement (or District) Court. He may, in such cases, ask for judicial authorisation to land the goods, and store them, without prejudice to any one's/ rights, under such custody as the judge shall appoint. 519.　All the parties concerned, and also the person appointed to keep the goods provisionally under his care, may, on account of the state in which they are, or of their being perishable, require their being sold by judicial authority. The proceeds, after deduction of the charges, then represent the goods, and must be placed under judicial deposit. 520.　No attachment or opposition of third parties, not being holders of bills of lading, can prevent the holder of a bill of lading to require the storing and sale by judicial authority; without prejudice to the rights of him by whom the attachment has been laid, or of him that has come in opposition, on the proceeds of the sale. FIFTH SECTION. , Of passengers on sea-voyages to foreign parts. 521.　If no agreement has been made about the fare for the transport of a passenger, the passage-money shall be judicially fixed, if necessary, after hearing competent evidence. 522.　If the passenger does not repair onboard, or absents himself from the ship without the master's leave, when she is ready to sail, the master is at liberty to depart, and nevertheless to claim the full passage-money. 523.　The passenger may not, without the master's consent, transfer to a third person, his right resulting from the agreement made. 524.　If the passenger dies before the commencement of the voyage, only one half of the passage-money is due. Where maintenance is included in the passage-money, the amount due is in that case fixed by the judge, if necessary, after hearing competent evidence. 525.　If, either before the departure of the ship, or in the course of the voyage, the ship's voyage is broken off, or interrupted by inevitable causes, or by some cause over which the master or owners have no control, the passenger and master are released from each other without any indemnity. If a voyage already begun is put a stop to, the passengers are liable to the payment of the passage-money in proportion to the part of the voyage performed. 526.　If, in the case mentioned in the 478th article, the passenger chooses to await the termination of the repairs, he is not liable to any augmentation of passage-money, but must, during the interval, provide for his maintenance, or arrange about it with the master. 527.　In such cases wherein the agreement is broken either before the commencement of the voyage, or during its course, the master has a right to claim what he has already furnished to the passengers, or disbursed for them. 528.　The passengers are bound to behave in conformity with the master's commands, for as much as they tend to maintain good order onboard. 529.　The master is not obliged, nor even qualified, to touch or stop at any port at the desire or in behalf of the passenger. 530.　The passenger provides in his own necessities, if the contrary has not been agreed upon. In case of a want arising, the master is bound however to supply him with the necessary provisions at a reasonable price. The stipulation of the 374th article applies to the passenger. 531.　A passenger dying on the voyage, it is left to the master's decision to have the body buried, or to consign it to the deep. The master takes charge of the effects left onboard by the deceased passenger. 532.　The passenger is considered as shipper with respect to the goods he has onboard; the master is only answerable for damage occurred to the passenger's goods, which he has held under his own care, when caused by his fault or by that of the crew. 533.　The master has a right of retention and preference on the goods which the passenger has taken onboard, for passage-money and maintenance. SIXTH CHAPTER. Of damage, occasioned by running down, collision, or fouling. 534.　When a ship, by the fault of the master or crew, runs down, runs foul of, or comes in collision with another, and thus damages her, the whole of the damage occasioned to the ship and the goods onboard must be compensated by the master of the ship by which the damage has been occasioned. 535.　If it has been caused by fault on both sides, each of them bears his own damage. In this latter case, as well as in that alluded to in the preceding article, the masters are bound to indemnify the owners of the ships and goods, without prejudice to their regress on the officers and crews if grounds for it appear. 536.　If the running down, running foul, or collision has been purely accidental, each ship and cargo supports her and its own damage, without prejudice to what is stipulated in the 540th article. 537.　The stipulation of the preceding article also applies, if one of the ships is without cargo. 538.　If neither fault nor fortuitousness can be proved, and the cause of the collision therefore is dubious, the damage sustained by both ships and their cargoes, shall be added together, and the aggregate be supported by each of them in proportion to the respective value of the ships and cargoes. The amount of such part of the general loss as each ship and cargo has to support, is assessed on each particular ship and cargo, in proportion to their value. 539.　If, after having been run foul of, or having been in collision with another, a ship is lost in the track or course which it has been compelled to take, to reach a port of refuge to repair the damage sustained, the presumption exists that the loss has been caused by the running down, collision or fouling. 540.　If a ship while under sail or drifting, runs foul of, comes in collision with and causes damage to another ship, which is riding at anchor or moored in a proper place, and this happens without any fault of her master or crew, she shall support one half of the damage, she has caused to the ship, which was anchored or moored, and her cargo, without this latter ship being chargeable with any part of the damage sustained by the one, which was under sail or drifting, or her cargo. This indemnity is assessed on the ship and cargo, as general average. The said claim to one half of the damage does not exist, if the master of the ship lying at anchor or moored, might, without danger to herself, have prevented or lessened the damage, by slipping of cables, or the cutting of fastenings, or has not done this when timely urged thereto, by, or on the part of, the master of the ship, which was under sail or drifting. 541.　If, a ship having got adrift, and been driven on the cables or ropes of another lying at anchor near her, the master cuts those cables or ropes, and thereby causes this latter ship to part from her anchors and to get damaged or to be wrecked, the ship which had got adrift, is bound to indemnify the whole of the damage she has occasioned to the other ship and her cargo. 542.　If ships lying in a harbour or dock, anchored or moored, and without parting from their anchors or getting adrift, come by -a high tide, a rough swell, a storm, or other accident of a superior power, in collision with other ships lying near them, so as to cause damage to the latter, such damage is supported by the injured ship, as if occasioned by a peculiar disaster. 543.　If a ship is aground so that she cannot be veered, the master has the right, in case of danger, to require another ship lying near, to weigh anchor or even to cut her cables and make way, provided she can do so without risk, and that the loss occasioned by her weighing anchor or cutting her cables, be made good to her. The master of such ship lying near, who in that case refuses or neglects to comply with the request must compensate the damage occasioned thereby. 544.　All masters whose ships are lying at anchor, are responsible far the whole damage occasioned by their neglect of having a buoy or float on their anchors, unless they prove the same to have parted therefrom without their fault, and without their being able to restore or replace them. SEVENTH CHAPTER. Of shipwreck, stranding and goods found floating at sea. 545.　It is not allowed to any one, even under pretext of wishing to assist or save, to come onboard of a ship without the express consent of the master or his substitute. 546.　Ships stranding or breaking up on banks off the coast, and goods fished up at sea or on the outward grounds, may not be salved or rescued by any. one, without permission of the master or his substitute , if he is present. 547.　If the master or commander, or the owner or consignee of the cargo is on the spot, the aforesaid ships and goods must be left at their disposal, and immediately given up to them by the salvers, against sufficient security for the salvage. 548.　Those who detain stranded ships or goods, which have been saved or rescued, or who do not immediately comply with the demand of the master or his substitute or the consignee or owners of the cargo, to give up the goods to them against sufficient security, lose all claim to salvage-money or reward for help, and are moreover bound to make good all damage or loss caused by such retaining of the same. 549.　In the case provided for in the preceding articles, the charges and freight incurred by the transport of the goods from the place of salvage to their destination, are paid by those who receive them, without prejudice to the recourse to which they may have right. 550.　If ships or goods have been salved, rescued or fished up at sea, or on banks off the coast, without either the master or other commander or the owner or consignee of the cargo being present or known to the salvers, the same shall as soon as possible be transported to the place nearest to that of the salvage, and placed in the hands of such official, as public authority has charged with their management, or in default thereof, of the magistracy of the place. By infringing this rule, the salvers lose their salvage money or reward for help, and are liable to indemnity, without prejudice to the penal prosecution if grounds for it appear. 551.　Ships stranded, wrecked, or broken up, or goods fished up on the shore, shall, in the absence of the master or commander and the owner or consignee of the cargo, or if no other arrangements have been made by them, be exclusively salved and stored by, either in the presence of the official appointed for the purpose, or, in default of such, by the local authority in whose district the stranding and fishing up have taken place. If however, in the case alluded to in this article, by the goods being mixed, or by any other cause difficulty exists to ascertain positively the ownership of the same, or difference about this exists, the salving or securing shall be exclusively effected by the official or the local authority aforesaid. 552.　In the cases in which the aforementioned official, or, in default of such, the local authority is qualified to assume the management of goods stranded, salved, or fished up, they are bound to make a proper inventory therof, and subject, with regard to the delivery of the objects, to the same obligations as the salvers, who have rescued or recovered the ships or goods at sea, or on the banks off the coast. They receive for their management such reward as is stipulated by the regulations. The masters or owners of the ships or goods, are reciprocally liable, with regard to such official or local authority, to the same obligations, as towards other salvers, with respect to the salvage-dues. 553.　The said officials or authorities are bound to report within twice four and twenty hours at latest, to the governor of the province, on all the cases above alluded to, occurring in their district, and on what has been done by them in the same. 554.　After obtaining the gratuitous authorisation of the Deputed States of the province, they must without delay have the public sale effected, according to the custom of the place, of such goods as remain unclaimed, or the damaged state or perishable nature of which makes the warehousing unadvisable, or positively contrary to the interest of the owner. 555.　They shall give notice of the salving within eight days, by advertisement in one of the newspapers of the province, mentioning all marks and characteristics, and at the same time summoning all and every one, who consider themselves entitled to what has been saved, to claim it. The summons shall be repeated four times, and this from month to month. If, however the little importance of the goods saved renders this advisable, the summons may, with the consent of the governor of the province, be provisionally put off to include them later in a notice of other articles. 556.　If any one proves his right to what has been saved by bills of lading or other efficient documents, they shall, after gratuitous authorisation of the Deputed States, deliver the same to him, against the payment of the salvage and other charges. In case of doubt as to the right of the claimant, of opposition made by third parties, or of difference about the salvage or charges, the parties must have recourse to a judicial decision the judge can, in this last case, order the goods to be delivered under sufficient security. When the salvage and recovering have been effected by the local authority, it is bound to comply with all the rules laid down in this and the preceding articles with respect to the special officials alluded to therein. 557.　If after the four advertisements aforesaid, no one appears to reclaim the goods salved or fished up, the same shall, after obtaining gratuitous authorisation of the Deputed States, be sold by public auction, and the proceeds, after deduction of salvage and charges, be accounted for to that court, and provisionally deposited with the administration of the sinking fund. The approval of the account by the Deputed States, does not prejudice the right of the concerned to enforce the objections they may have to the same. 558.　If within ten years any one can prove his having been the owner of the goods saved, the proceeds shall be delivered to him. No one appearing within that period, the proceeds shall be considered as vacant property. Goods confiscated as property of the enemy, can never be reclaimed. 559.　No strand-dues shall ever be levied on goods or ships stranded or salved, whether they be Netherland or foreign property. This stipulation does not impede the right of confiscating stranded ships or goods belonging to the enemy. 560.　For assistance afforded towards saving ships or goods in need or distress, remuneration for help, or salvage is paid. 561.　Remuneration for help is allowed, when ships and cargoes have, with the help and assistance afforded, been brought in safety, at sea or in a port, either together, or after unloading and lighting. Remuneration for help or assistance is estimated according to the speed with which the helpers have exerted themselves to afford it on the first observation of danger, to the time it has taken, to the number of persons which it has necessarily employed, to the services rendered and finally to the danger which attended the same. 562.　Salvage-money is awarded in the following cases: When ships or goods are rescued at sea, or fished up found, or salved on the shores; When goods are salved out of ships, grounded on the coast or within the surf, and in such dangerous position as no more to afford a place of safety for the goods or the crew; When goods are salved from ships which have actually gone to pieces; Finally, when ships which in consequence of their dangerous position or want of shelter onboard, are abandoned by the crew, or which after the crew have left them or have been taken from onboard to save their lives, are taken possession of by salvers, and ship and cargo are subsequently brought in a safe port, either entirely or in parts. 563.　In estimating the remuneration for salvage, not only all the circumstances, mentioned in the second paragraph of the 561st article, must be considered, but also the danger out of which the things saved have been rescued, and the value of what has been salved, as estimated by competent persons. 564.　In case of difference, the remuneration for assistance, help or salvage is fixed, and the appointment of qualified appraisers made by the competent judge. 565.　When a ship after being abandoned by the master and crew, has been taken charge of by salvers, the master or commander shall nevertheless at all times be at liberty to return to his ship and resume the command thereof, in which case the salvers must, on forfeiture of their remuneration , and liability for damages, immediately give up the command to the master, without prejudice to their right to salvage already acquired. 566.　If rescued ships or goods delivered against security at the place of salvage, perish between the place of salvage and that of destination, without their value having been determined in order to fix the amount of salvage, it shall be estimated by competent persons according to an equitable estimate of the value which the ships or goods probably had at the place at which they were delivered. 567.　Differences about remuneration for help or salvage are decided as follows: If the ship is bound to this country, by the judge of the place of destination; If the ship is bound from this country to foreign parts, either by the judge of the place where the ship has taken in the first goods, or from whence she has proceeded in ballast, or by the judge of the debtor's place of domicile, at the option of the plaintiff; If the ship has come hither without being bound to this country, by the judge of the place in this country where she stranded or was brought in; or, if the ship is lost, where the goods have been salved; If the destination of the ship has been altered by the master to some port or place in this country, the aforesaid rule respecting ships bound hither, is applicable. 568.　All contracts or agreements about compensation for assistance or salvage, made either at sea or on stranding, with shipmasters, commanders or owners, with regard to ships or goods in peril, can be modified or annulled by the judge. Every one shall nevertheless be at liberty, when the danger is over, to treat and agree amicably about compensation for salvage of assistance. Such agreements however do not bind owners, consignees or insurers, if they have not given their consent thereto. CHAPTER 8. Of bottomry. 569.　Bottomry is an agreement between a money-lender and a money-borrower, in virtue of which a sum of money is advanced in consideration of a premium and on security of a ship or goods or of both, to the effect that the lender loses his right to the money advanced and to the premium, if the property pledged wholly or partly perishes, or is diminished by casualties at sea, in as much as they cannot be covered by what remains of the pledge, whilst the loan and premium must be paid, if the property pledged arrives safely at the place of destination. 570.　The agreement of bottomry must be made out in writing. It contains: The name of the money-lender and of the money-borrower; The sum advanced and the premium agreed to be paid for the sea-risk; The objects specially bound for the loan; The names of the ship and the master; Whether the loan takes place for one or more voyages, for what voyage and for what time; The time of reimbursement of the money raised; The place and date on which the bottomry is contracted. 571.　All bottomry-contracts made in this country must be registered at the rolls of the Arrondissement-Court of the place, where the ship has been fitted out, within eight days after they have been signed. If the bottomry is contracted in this country on a foreign ship not fitted out here, it is recorded at the rolls of the Arrondissement-Court of the place where the deed is made out. 572.　If the requisites mentioned in the two preceding articles have not been complied with, the contract is not considered a bottomry, and the money-lender is only entitled to the advanced sum with the legal interest, under personal liability of him who raised the money. 573.　All bottomry-bonds can, if made out to order, be transferred to third parties by endorsement, in the same manner as bills of exchange. In this case the endorsee replaces the endorser, as well with regard to profit as to loss, without the endorser being liable to any other guarantee than that of the reality of the bottomry. 574.　Loans on bottomry can be made on pledge: Of the hull and keel of the ship; Of the tackle and further rigging; Of the implements of war and provisions; Of the cargo; Of any of these objects together or of each separately; Of a defined part of any of them; Of the freight and expected profit, but under observance of the stipulations of the 578th article. 575.　If bottomry has been contracted on pledge of the skip, without further definition, the tackle and further rigging, as also the implements of war are included. 576.　Every loan on bottomry contracted for a sum exceeding the value . of the objects on which it is made, can be declared void at the request of the money-lender, if it be proved that the borrower has acted fraudulently. If no fraud exists, the contract holds good to the amount of the value of the objects pledged for the sum advanced: the surplus of the sum advanced is repaid with the legal interest. 577.　No money may be advanced on bottomry, to sailors or seamen, on their wages or allowances for travelling expenses. 578.　No money may be advanced on bottomry either on freight to be earned alone, or expected profit alone, nor exclusively on these two objects combined. In these cases, and in that ef the preceding article, the money-lender is only entitled to the repayment of the advanced sum without interest. 579.　A loan on bottomry contracted in the country by the master of a ship, without written consent of the owners residing there, or, in a foreign country without complying with the formalities required by the 372nd article, gives no right of preference, than for the share which the master may have in the object engaged. 580.　The shares of such part-owners of the ship as have not, after judicial summons, contributed what was due by them towards the outfit of the ship, are liable also for loans contracted for repairs and for the purchase of provisions, even when made at their place of residence without their acquiescence. 581.　Money taken up on behalf of the last voyage of the ship, is repaid by preference before a debt of unpaid purchase-money, and before funds borrowed for a preceding voyage. Money raised in need, by the master, during and for the voyage, has preference above that borrowed before the ship's departure; and if several loans have taken place in the coarse of the same voyage, the last loan always has the preference before those previously contracted. Bottomry-debts contracted on one and the same voyage, in the same port of shelter, and during the same detention, mutually have equal right. 582.　He that lends money on bottomry on goods laden in a ship, designated in the contract, does not sustain the loss thereof, even when caused by the dangers of the sea, if the goods have been transhipped in another vessel, unless it be proved that the transhipment was caused by unevitable causes. 583.　In case of bottomry on goods before the commencement of the voyage, it must be mentioned on the bills of lading and on the manifest, with designation of the person to whom the master must give notice of his safe arrival at the stipulated places of discharge. In default of this, the consignee, who, relying on the bills of lading received, has accepted bills or made advances , is privileged above the holder of such bottomry-bond. In default of the designation above required, the master, as not knowing to whom he has to give notice of his arrival, may also have the goods landed, without making himself in any way responsible to the holder of the bottomry-bond in that case. 584.　He who has dishonestly landed goods charged with bottomry, to the prejudice of the holder of the bottomrybond, thereby becomes personally responsible for the payment of the bottomry-debt; . 585.　When the bottomry-contract does not contain any particular stipulations, the sea-risk of the money-lender begins: With respect to the engaged ship, her rigging, implements of war and provisions, at the moment of her sailing, and it ends at the time she comes to anchor or is moored at the place of destination. With regard to the goods, as soon as they are loaded in the ship, or in the lighters which must bring the goods onboard, and if the bottomry has been contracted on goods already shipped during the voyage, on the day on which the contract was closed. In both these latter cases the risk ends as soon as the goods are landed or ought to have been landed, at the place of destination. 586.　If after the closing of a contract of bottomry, the voyage of the pledged ship and goods is not proceeded on, the money-lender may claim the return of the sum advanced, with the legal interest thereon, by preference, but without the premium, unless the risk had already begun to run for his account, according to the preceding article, in which case he has a right to the premium. 587.　The money-borrower is personally responsible for the advanced sum and the premium, if the voyage is altered by his fault or with his consent, or if the pledged ship or goods, either by inward vitiation, or by fault, villany, purpose or neglect of the borrower, diminish, deteriorate or perish. 588.　If the objects pledged are totally lost, or captured and confiscated, and the loss or capture has been caused by an unforeseen casualty or by superior power, during the time and on the voyage for which the money was advanced, the repayment of the sum advanced cannot be claimed. If a part of the objects pledged are saved, the moneylender has a right of recourse thereon, but no further than it can yield. 589.　Bottomry contracted in need, does not support « any other average, than the damage resulting from the loss or diminution denoted in the 569th article, unless the contrary has been expressly agreed upon. 590.　In the event of any disaster befalling the pledged ship or goods, or of their being captured, the moneyborrower must, on receiving information thereof, immediately bring this to the money-lender 's knowledge. Without prejudice to the master's obligation, detailed in the third chapter of this book, the money-lends must, if -near to the pledge, use all diligence, at the charge of the object, to save it; — in case of neglect in either case, he is liable to indemnification. 591.　He who, in case of the stranding or wreck of a pledged ship, pays debts, which would have preference before the holder of a bottomry-bond, judicially acquires the precedence of the original creditor. CHAPTER 9. Of insurance against the dangers of the sea, and those of slavery. FIRST SECTION. Of the form and tenor of the insurance. 592.　Besides the requisites mentioned in the 256th article the policy must express: 1. The name of the master and that of the ship, with designation of her kind, and, in case of insurance on the ship, whether she is built of fir-wood or the declaration that the insured is not acquainted with that circumstance; 2. The place where the goods have been or must be shipped; 3. The port from which the ship must have departed or must depart; 4. The ports or roads where she is to load or unload; 5. Those where she must enter; 6. The place from which the risk begins to run for account of the insurer; 7. The value of the insured ship. All with reserve of the exceptions which appear in this chapter. 593.　The subjects of maritime insurance are especially: The body and keel of the ship, empty or loaded, armed or not, navigating alone, or in company with others; The tackle and rigging; The implements of war; Provisions, and generally all that has been expended on the ship to bring it to sea; The money advanced on bottomry and the premium; The goods shipped onboard; Expected profit; The freight to be earned; The danger of slavery; In case of insurance on the ship, without further specification, it is understood to be made on the body and keel, the tackle and rigging, and implements of war. 594.　Insurance can be made on the whole or on a part of the objects, combined or separate; In time of peace, or of war, before, or during the voyage of the ship; For the voyage out and home, or either of them; for the whole voyage, or for a limited time; Against all perils of the sea; On good and bad news (lost or not lost). 595.　When the insured does not know in what ship goods expected from abroad will be laden, the mention of the master or ship shall not be required, provided it be declared in the policy that the insured is ignorant thereof, with notification of the date and the person signing the last advice or letter of order. The interest of the insured can only be insured in this manner for a limited time. 596.　When the insured is ignorant of what goods the shipment to be sent or consigned to him will consist of, he may have them insured under the general denomination of goods. Such insurance does not include gold or silver coin, bars of gold or silver, jewels, pearls or valuables, and implements of war. 597.　If insurance has been made on ships or goods, which had already arrived safely at the place of destination, at the time the agreement was closed, or on any interest which at ;that time had already sustained the damage against which it is insured, the stipulations of the 269th, and 270th articles are applicable to such cases, if, namely, it be proved or presumption exists, that the underwriter was aware of the safe arrival, or the insured or his mandatary acquainted with the damage, when the agreement was made. 598.　The presumption alluded to in the 270th article does not exist with regard to the insured, if the insurance has been made on good or bad .news, provided, in that case, the last intelligence received by the insured about the insured object be mentioned in the policy, and that, if the insurance has been made for account of a third party, due evidence be shown, in case of damage, of the date of the order received by the mandatary to effect insurance. Insurance with that condition, can only then be annulled when it is proved that the insured or his mandatary was aware of the damage, at the time the agreement was made. 599.　Insurances are void, if made: 1. On the pay or wages of the crew; 2. On the master's primage or hat-money; 3. On ships or goods, the full value of which has been previously advanced on bottomry; 4. On objects in which the trade is prohibited by the law and regulations; 5. On ships, either Netherland or foreign, which have , been employed for the conveyance of objects alluded to under n°. 4. 600.　On ships or goods, on which the full value has not been advanced on bottomry, the surplus value only may be insured, together with what would have to be paid as contribution to the average, on their safe arrival. 601.　When insurance has been taken or goods partly charged with bottomry, for the remainder of their value also, the proceeds of the goods saved are, in case of abandonment, divided between the money-lender on bottomry, and the underwriter, in proportion to their respective interests. If however, in such case, the bottomry has been taken out of necessity, it has the preference above the insurance. 602.　Insurance on the body and keel of a ship can be taken for the full value of the ship and her appurtenances, including all charges till at sea. 603.　Insurance may be effected on ships and goods, which were already departed or transported from the place from which the risk would begin to run for account of the underwriters, provided the policy expresses either the exact time of the departure or forwarding of the ship or goods, or that the insured is not acquainted therewith. In all cases the policy must express, on pain of nullity, the last intelligence which the insured has received respecting the ship or goods; and, if the insurance is made for account of a third party, the date of the letter of order or advice, or positive mention that the insurance takes place without order from the concerned. 604.　If the insured makes the declaration of ignorance required by the preceding article, in the policy, and it does appear afterwards that the insurance was made after the departure of the ships from the place from which the risk of the underwriter would begin to run, the insured must, in case of damage, at the demand of the underwriter , confirm upon oath his declaration of ignorance. 605.　If no mention is made in the policy of either the departure of the ship, or ignorance thereof, this is held to intimate as acknowledged that the ship was still lying at the port from which it was to proceed, when the last mail that arrived before the making of the policy left there, or, if no regular post exists, at the time when the last suitable opportunity of communication occurred. 606.　If the insurance has been made on ships not yet arrived at the place from whence the risk must begin, or which are not yet ready to enter upon the voyage, or to take in the cargo, — or on goods not yet ready for immediate shipment, the insurance is void, unless mention be made in the policy of this circumstance, or of the insured's ignorance thereof, with notice of the advice or letter of order, or the declaration that none exists; besides, at all events, of the date of the latest accounts he has received concerning the ship or goods. The insured and his mandatary, are bound, in the case of damage, to comfirm by oath this declaration of ignorance, at the demand of the underwriter. 607.　In an insurance on bottomry the amount of the sums borrowed, and that of the premium must be mentioned each separately, in the policy; if this has been omitted the bottomry-premium is held not to be insured. 608.　Insurance on bottomry is not valid, if the policy does not contain: The name of the money-borrower, even if he be the master; The name of the ship by which the voyage is to be performed, and that of the master; The place of destination; Mention whether the money has been furnished at a place of loading, or in a port of shelter, for repairs required or other necessary expenses. 609.　If the master has, on the voyage, been under the necessity of taking up money on bottomry, the money-lender can have such bottomry insured, even if an insurance has been made previously on the hypothecated object. 610.　If a ship or goods already insured are engaged for bottomry without necessity and only in the interest of the borrower, the money-lender acquires the rights which the borrower would have had against the underwriter to the amount of the sum advanced. 611.　If however the money-lender has not had any knowledge of the insurance, and affirms this by oath, the underwriters on the bottomry are not released, but the insured is bound, in case of damage, to cede to them the rights he would have on the insurers of the ship or goods, by virtue of the legal subrogation. In case the money-lender directly sues the underwriters on the ship or cargo, those on the money advanced are released, against restitution of the premium. 612.　Goods may be insured for the full value they have at the time and place of shipment, with all charges till on board, including the premium of insurance, without that a separate valuation of each object can be required. 613.　The actual value of the goods insured may be augmented with the freight, import-duties and other charges, which must necessarily be paid on their safe arrival, provided this be mentioned in the policy. 614.　The augmentation described in the preceding article, is not binding, if the object insured does not arrive at its destination, for as much as the payment of freight, importduties and other charges is then entirely or partly obviated. But if the freight has had to be paid in advance according to the agreement made with the master before his departure, the insurance holds good with respect thereto; in case of disaster or damage, the fact of payment in advance must be proved. 615.　Insurance on expected profit must be separately valued in the policy, with special designation of the goods on which it is made; in default of this the insurance is void. Where the value of the object insured has been expressed indefinitely with the positive stipulation that all what exceeds that value shall be considered as expected profit, the insurance is valid for the value of the objects insured; the remainder however shall be reduced to the provable extent of the profit expected, estimated according to the rule mentioned in the 621st and 622nd articles. 616.　Freight may be insured for its full amount. 617.　In the event of the ship being lost or stranding, the insurance is reduced as regards the amount of pay or wages of the ship's crew and other charges which the master or owner would have had to pay on her safe arrival, and which are not, or only partly, due by him in consequence of the disaster. 618.　Insurance against, slavery is done for a determined sum for which the person enslaved, whose liberty is insured, may be redeemed. The difference between the price of ransom and the sum insured, comes to the benefit of the underwriter; and incase a greater sum than the one stipulated in the agreement is required for the ransom, he is released by payment of the sum expressed in the policy. SECOND SECTION. Of the valuation of objects insured. 619.　The full value being insured on the keel or body of a ship, it can, although previously estimated, be subsequently fixed or reduced by judicial decision, if necessary on the report of competent persons: 1. If the ship has been valued in the policy at cost price, or at the sum expended on the building thereof, whilst, either by age, or the performing of many voyages, her value had already decreased; 2. If the ship, being insured for several voyages, after having performed one or more of them, and thus earned freight, is subsequently lost on one of the voyages insured for. 620.　If the insurance is effected for a homeward voyage from a country, where trade only takes place by barter, the value of the insured goods is estimated at the rate of what the goods given in exchange or barter, have cost, with addition of the transport-charges. 621.　Expected profit is proved by acknowledged pricecurrents, or in the absence of these, by a valuation made by competent persons, showing the profit which the insured goods could rationally have been expected to yield at their safe arrival at the place of destination, after a usual voyage. 622.　If it appears by the price-currents or by the valuation by competent persons, that, in case of safe arrival, the profit would have been less than the sum which the insured had stated in the policy, it suffices that the underwriter should pay that reduced amount. Nothing is due by him, if the objects insured would not have yielded any profit at all. 623.　The amount of freight is proved by the charter-party or by the bills of lading. In default of a charter-party and bills of lading, or if the goods belong to the owners of the ship, the amount of freight is estimated by competent persons. THIRD SECTION. Of the commencement and termination of the risk. 624.　In the case of insurance on a ship , the risk begins to run for the underwriter's account, from the moment the master has commenced taking in merchandise; or, if he has to depart in ballast, as soon as he has begun ballasting. 625.　In the insurance, mentioned in the preceding article, the underwriter's risk terminates twenty one days after the insured ship's arrival at her place of destination, or so much sooner as the last merchandise or goods have been discharged. 626.　If a ship is insured for a voyage out and home, or for more than one voyage, the underwriter runs the risk, without interruption, till the twenty first day inclusive after the completion of the last voyage, or up to as many days less as the goods or merchandise have been discharged sooner. 627.　On goods or merchandise being insured, the risk begins to run for account of the underwriter as soon as the goods have been brought on the quay or shore to be thence laden in, or conveyed to the ships in which they must be laden, and ends fifteen days after the ship's arrival at her place of destination, or as much sooner as the insured goods shall have been discharged there and deposited on the quay or shore. 628.　In insurance on goods or merchandise the risk runs without interruption, although the master may have been compelled to put into a port of shelter there to discharge and repair, until the voyage be legally stopped, or the insured has given orders not to reship the goods, or till the entire completion of the voyage. 629.　If the master, or the person whose goods are insured is prevented by lawful reasons to discharge within the time stipulated in the 627th article, without rendering himself guilty of delay, the underwriter's risk runs on until the goods are discharged. 630.　In an insurance on freight to be earned, the risk of the underwriter begins to run from the moment the ship begins to load, and proportionably to the goods and merchandise paying freight being laden, and ceases fifteen days after the arrival of the ship at the appointed place of discharge, or as much sooner as the goods and merchandise paying freight shall be discharged. The rule laid down in the 629t h article is also applicable here. 631.　In insurance on a bottomry, the underwriter's risk begins and ends at the moment at which the risk of the money-lender begins and terminates according to law, or according to an agreement notified to the underwriter. 632.　If the voyage is stopped after an underwriter has begun to run any risk, the risk continues to run, in insurance on goods fifteen days, and in insurance on the ship twenty one days, after the stoppage of the voyage has taken place, or as much sooner as the last goods or merchandise have been discharged. 633.　The time of the beginning and ending of the risk on expected profit is the same as stipulated for insurance on goods, 634.　In all insurances both parties are at liberty to make other stipulations in the policy as to the exact time of beginning and ending of the risk. FOURTH SECTION. Of the rights and obligations of the underwriter and the insured. 635.　If the voyage is stopped before the underwriter has begun to run any risk, the insurance becomes void. The premium is retained by the insured or returned by the underwriter, in both cases under allowance to the underwriter of one half percent of the sum insured or of of one half of the premium, if this should be less than one percent. 636.　If the voyage is stopped after the commencement of the underwriter's risk, but before the ship has weighed anchor, or loosened her "moorings, at the last place of clearance, the underwriter receives one percent of the sum insured if the premium amounts to one percent or more; but, if less, the whole premium is allowed to the underwriter. The full premium is always earned if the insured claims any indemnity whatever. 637.　For account of the underwriter are all losses or damages, which befall the objects insured by storm, tempest, shipwreck, stranding, running down, fouling or collision, forced alteration of course of the voyage or of the ship, by jettison of goods, by fire, violence, inundation, capture, privateers, pirates, stoppage by order of a superior power, declaration of war, reprisals; all damage caused by negligence, omission, or barratry of the master or crew, and, generally, all casualties whatever, accruing from without, unless the underwriter be exempted from some of these risks by the stipulations of the law, or of the policy. 638.　In insurance on the ship the liability of the underwriter ceases by any wilful alteration of the course or the voyage, and in insurance on freight, by all wilful alteration of the course or the voyage, or change of the ship, in both cases, if made by the master spontaneously, or by order of the owners of the ship; unless the contrary should have been expressly stipulated in the policy, with respect to the master, who has acted of his own accord. The same rule applies to insurance on goods if the wilfu alteration of course, voyage or ship has taken place by order, or with express or tacit consent of the insured. The voyage is deemed to be altered as soon as the master has begun proceeding to another destination than that for which has been insured. 639.　The wilful alteration of course does not consist in a slight deviation, but only exists if the master, without acknowledged necessity or expediency and without sufficient inducement for the benefit of the ship and the cargo, touches at a port out of her course, or follows another track than he was obliged to follow. In case of difference on this point, the judge decides after hearing competent evidence. 640.　In an insurance on ship and freight the underwriter is not liable for loss caused by barratry of the master, unless this be otherwise agreed upon by the policy. Such agreement is unlawful if the master is sole owner of the ship, or as respects his share therein. 641.　In an insurance on goods belonging to the owners of the ship in which they are laden, the underwriters are also not liable either for barratry of the master, or for the losses or damages caused by his wilful alteration of course, voyage, or ship, even when this has taken place without fault or knowledge of the insured, unless this be otherwise agreed upon by the policy. 642.　In insurance on the freight, the underwriter is not responsible for the damage occurred since the moment that the master, being provided with everything necessary for the voyage, and without any lawful motive for the benefit of the ship or the cargo, has neglected, the opportunity of proceeding on the voyage, unless the underwriter has expressly included this in his risk. 643.　In insurance on fluid articles, as: wine, brandy, oil, honey, pitch, tar, sirup, or such like, and on salt or sugar, the underwriter is not liable to indemnify any damage by leakage or melting, unless caused by striking, wreck or stranding of the ship, or by the goods having been discharged and reshipped in a port of shelter. If the causes or one of them exist, which oblige the underwriter to pay damage caused by leakage or melting, as much as such articles commonly lose, according to the opinion of competent persons, must be deducted from such damage. 644.　If, in the cases in which this is allowed by the law, insurance has been effected under the general denomination of goods or merchandise, or on whatever the interest of the insured may consist o f and the risk has been run on articles apt easily to deteriorate or to diminish, the underwriter is not liable for the amount of any loss occasioned thereby, which does not come to the charge of the underwriters according to the custom existing at the place of insurance. In case of difference, it shall be determined by the judge after hearing competent persons. If there should be amongst the goods alluded to, articles which usually are not otherwise insured at the place of insurance, than free from damage, leakage or melting, the underwriter is wholly exempt from such damage. 645.　If goods of the kind .alluded to in the preceding article, have been mentioned by their names in the policy, without any special condition, the underwriter is not accountable for the average under three percent. 646.　If insurance has been effected with the condition free from damage, whether on safe arrival be added or not, — the underwriter is not responsible for any damage, if the objects insured have arrived at their place of destination in a spoiled or damaged state. The same rule applies if the goods have been sold on the voyage or in a port of shelter, on account of their being damaged, or for fear of deterioration, or of their infecting others. General average, and also loss by jettison, capture, robbery or such like, or caused by the perishing of the ship, are nevertheless, that condition being made, borne by the underwriter. 647.　In an insurance under the condition free from molestation, the underwriter is liberated, as soon as the object insured perishes or spoils, by violence, capture, privateering, piracy, detention by order of superior power, declaration of war and reprisals. The insurance ceases as soon as the object insured is detained or brought out of course by molestation. All without prejudice to the underwriter's liability to pay the damage, which has occurred previous to the molestation. 648.　If under the condition free from molestation it has been stipulated by the insured, that, notwithstanding the capture of the ship, the underwriter would continue to run the usual risk, the latter supports, even after this molestation, all usual damages occurring to the object insured, until the ship has been brought up and is come to an anchor, with exception however of such as undoubtedly originate directly in the molestation. If the cause of the loss is doubtful, it is presumed that the object insured has perished by a usual disaster for which the underwriter is liable. 649.　If a ship or property, insured free from molestation, is lying in a port, and, before the departure, is taken by the enemy or if it is seized, this is held equal to its being brought up, and the underwriter's risk ceases. 650.　If insurance has been effected for a limited time, in the manner mentioned in the 595til article, the insured must show proof, that the object insured has been laden within the time fixed, in the ship which has sustained some disaster or has perished. 651.　A claim for compensation of damage on goods bought or shipped by the master, be it on his own or on the ship's account, must be accompanied by proof of the purchase, and a bill of lading thereof, signed by two of the principal members of the crew. 652.　If the insurance takes place separately with respect to goods to be laden in several designated ships, under expression of the amount insured on each of them, and if the whole of the cargo is laden in one ship, or in a number of ships less than was determined in the agreement, the underwriter is not accountable for more than the sum he has insured on the ship or ships which have taken the goods, although all the said ships be lost; — and lie shall, notwithstanding, receive one half percent, or less, according to the distinction made in the 635th article of the sum for which the insurance is found to be void. 653.　The underwriter is released from further risk, and is entitled to the premium, if the insured sends the ship to a place more distant than the one named in the policy. The insurance has full effect when the voyage is shortened. 654.　The insured is bound to impart without delay to the underwiter or to the first subscriber if more than one have signed on one and the same policy, all tidings he receives of any casualty sustained by the ships or goods, and must communicate to such underwriters as require it, copies or extracts of the letters in which the tidings are contained. Neglect thereof renders the insured liable for all costs, damages and interest. 655.　As long as the insured has no right to abandon the object insured to his underwriters and consequently does not actually abandon it, he is bound, in case of shipwreck, stranding, bringing up, or detention, to use all possible diligence and means to save it, or to get it released. He does not need for this any special warrant from the underwriter and even has the right to require from him a sum sufficient to cover the charges which must be expended towards the salving or recovery. 656.　The insured, who having to endeavour to save or reclaim in a foreign country, has charged his usual correspondent or some other responsible house or person therewith, is not answerable for his agent, but is bound to transfer his rights against him to the underwriter. 657.　In an insurance for undetermined account, that is, if the policy does not mention to what nation the owner of the object insured belongs, the insured is likewise bound to reclaim, if the bringing up or detention is illegal, unless he be exempted therefrom by the policy. 658.　A judgment of a foreign court whereby ships or goods positively insured as neutral property, are declared not to be such, and therefore condemned as prize, is not sufficient to liberate the underwriter from paying the loss, if the insured proves that the object insured has really been neutral property, and that he has used all means, and delivered all documents to the court which has pronounced the judgment, to avert such condemnation. 659.　In an insurance on a bottomry-bond, the insurer is not responsable for the bad faith of the money-borrower, unless this be otherwise agreed upon by the policy. 660.　The alteration of the voyage by the money-borrower on bottomry, likewise causes the insurance on bottomry to cease, unless it should be otherwise agreed upon by the policy. One half percent of the sum insured is in that case allowed to the underwriter. 661.　If an augmentation of premium has been agreed upon, in case of a war breaking out, or other events' subsequently occurring, and the amount of such augmentation has not been stipulated in the policy, it is, if necessary, determined by the judge, after hearing competent persons and with consideration of the danger, the circumstances and the conditions made in the policy. 662.　In all cases in which the goods insured have either not been forwarded, or have been shipped in smaller quantity,- or if too much has been insured by mistake, and, generally, in those alluded to in the 281st article, the underwriter receives one half percent of the sum insured or one half of the premium, in the manner determined by the 635th article, except if, in a particular circumstance, more has been allowed him by the law, or by the agreement. He who has effected an insurance for another, without mentioning his name in the policy, cannot claim the return of the premium on account of the party interested not having forwarded the goods, or in less quantity. FIFTH SECTION. Of abandonment. 663.　The insured ships and goods can be abandoned or given over to the underwriter in case: Of shipwreck; Of stranding with breaking up; Of being rendered useless by sea-damage; Of perishing or decay by sea-damage; Of bringing up or detention by a foreign Power; Of stoppage or detention by the government of the Netherlands after the beginning of the voyage. All under reserve of the particular stipulations contained in the following articles. 664.　The abandonment of the ship for reason of being rendered useless cannot be made, if, after having struck or stranded, she can be brought off again, repaired, and put in proper state to pursue her voyage to her place of destination, and the cost of repairs does not exceed three fourths of the value at which she has been estimated on closing the insurance. 665.　If ships or goods have been stranded, brought up or detained, the abandonment can be made immediately, as soon as the underwriter refuses or fails to advance to the insured a sufficient sum to defray the expenses of salvage and reclaiming. In case of difference, that sum is estimated by the judge. It comes to the charge of the underwriters, even when those expenses, added to the loss due, exceed the amount insured. 666.　The abandonment in case of perishing or deterioration cannot be made, unless the loss or damage amounts to, or exceeds three fourths of the value insured. 667.　The insured can also abandon to the insurer and subsequently claim payment, without any proof of the loss of the ship being necessary, if, counting from the day of the sailing .of the ship, or from the day to which the last accounts received reach, no tidings of her, whatever, have been received, namely: After the lapse of six months as respects voyages from this country to the ports and coasts of Europe, or those of Asia or Africa in the Meditterranean and Black Sea, and vice versa; After twelve months as respects voyages from this country to Madeira, the West Indies, the Azores, Canary or other islands and coasts situated west of Africa and eastward of America, and vice versa; After eighteen months as respects voyages from this country to other parts of the world, and vice versa; As regards voyages from and to ports, both situated out of this country, the term is calculated according to the distance between such ports, which best agrees with those above determined. In all these cases it is sufficient that the underwriter declares (under presentation of oath) that no accounts of the ship insured, or the ship in which the insured goods have been laden, have directly or indirectly been received by him, without prejudice to contrary evidence. 668.　Abandonment can be made in case of bringing up or detention, if the ships or goods brought up or detained have not been restored or released, within the terms fixed by the preceding article, counting according to the place where the bringing up or detention has occurred, and from the day on which the insured has received advice thereof. In case of condemnation of the ships or goods brought up or detained, the abandonment can be made immediately. 669.　When deteriorated goods, or condemned ships have been sold on the voyage, the insured can abandon his rights to the underwriters, if, notwithstanding his endeavours, the proceeds have not been accounted for to him within the time fixed by the 667th article; all to be estimated according to the place of sale, and from the day on which advice thereof has been received by the insured. 670.　In the cases mentioned in the three preceding articles, notice of the. abandonment must be given to the underwriter within three months, after the expiration of the periods, fixed in those articles. 671.　In all other cases notice must be given within the terms mentioned in the 667th article, to be reckoned according to the place where the disaster has occurred, and from the day on which advice thereof has been received by the insured. 672.　After the expiration of the time fixed by the two preceding articles, the insured has no longer right to abandonment. 673.　In the cases in which abandonment can be made, the insured is bound to communicate the advices received to the underwriter, within five days after their receipt on pain of indemnification of costs, damages, and interest. 674.　If an insurance has been effected for a limited time, the loss of the ship is, in the cases, and after expiration of the terms mentioned in the 667th article, presumed to have happened, within the period of the insurance. If, however, it is proved afterwards that the loss has occurred beyond the period of the insurance, the abandonment becomes void, and the indemnity paid must be returned together with legal interest on the same. 675.　On his making abandonment, the insured is bound to state all the insurances, he has effected or ordered to be effected on the property insured, and the bottomry which, to his knowledge, has been taken on the insured ship or goods; in default thereof, the term of payment, which should begin to run from the day of abandonment, is suspended till the day on which he shall have made that statement, without any prolongation of the time allowed by the law for making abandonment being occasioned thereby. In case of false statements, the insured is deprived of the benefits of the insurance. 676.　On making the abandonment, the insured is bound likewise to acquaint the underwriter with what he has done to promote the saving or release of the object insured, and the persons or correspondents he has employed to that effect. 677.　Abandonment cannot be made partially, nor conditionnally. If the full value of ships or goods has not been insured, and the insured has thus run the risk of a part himself, the abandonment does not extend any further than to the amount insured, in proportion to the part uncovered by insurance. 678.　The abandonment having been made conformably to the prescriptions of the law, the objects insured belong to the underwriter, from the day on which notice of the abandonment was given, without prejudice to the share of the insured, in the case alluded to in the second paragraph of the preceding article. 679.　The underwriter cannot exempt himself from the payment of the sum insured, on the pretence that the ship or goods have been released after the abandonment. 680.　If the time of payment has not been determined by the agreement, the underwriter must pay the sum insured together with the charges of the abandonment, six weeks after notice of the abandonment has been given. After that time he also pays legal interests. The abandoned property is bound for that payment. SIXTH SECTION. Of the duties and rights of insurance brokers. 681.　Insurance brokers are bound: 1. To hand to the insurer, or, if more than one have contracted the same insurance, to the first of them, within 24 hours at most after it has been effected, if the policy has not then been made out and delivered, a signed notice mentioning the object insured, the sum which has been insured, the premium, and the conditions. This note serves between the parties as a commencement of evidence in writing; 2. Clearly to mention in the policy the conditions, declarations and statements, inserting all that the law requires as necessary requisites of a policy; 3. To retain accurate copies of the policies closed through them in a register to be kept to the purpose; 4. To insert and mention succinctly in that register, the annotations, papers and documents which they have handed in to the underwriters on claiming of damages as also the notices and letters which may have been communicated through them to the underwriters, during the course of the contract, or afterwards; 5. To hand over to the underwriter who subscribed first , on recovering the damage, together with the account thereof, a statement, signed by him, of all the papers and vouchers that serve to justify it; 6. To furnish the insured or the underwriters as often as they may require it, at their expense, authenticated copies of the policies, notices, letters, and annotations above alluded to. All on pain of indemnification of costs, damages and interest. 682.　If the premium of a maritime insurance bas not been paid on the signing of the policy, the broker, through whom the insurance has been effected, is liable for the payment thereof as his own debt, without prejudice, however, to the underwriter's recourse on the insured himself, in as much as the latter does not prove, that the premium has been paid by him to the broker; the obligations of the underwriter with regard to the insured holding good in all cases. The broker is not responsible for the premium, if it has been stipulated in the policy, that it shall not be paid immediately. 683.　If the insured has paid the premium to the broker, and this latter has failed within a month after the payment, the underwriter has a right to those funds in preference before all the broker's creditors, with exception of the charges of prosecution and of regulating the estate. 684.　The broker having paid the premium to the underwriter, need not deliver the policy, which may have remained in his hands, to the insured, as long as the latter does not repay him the sums he has advanced. In case of failure of the insured, the broker, who has still retained the policy, is qualified to recover the loss yet due by the underwriter, in order to pay to himself therefrom the amount of the premium, without prejudice to his obligation to account for the remainder with the insolvent estate. 685.　If the policy has been delivered to the insured, but the whole of the damage due by the underwriter has not yet been paid to him by the latter before his failure, the broker, who has advanced the premium, bas right of preference on the amount yet to be recovered on that score; without consideration whether the damage has occurred before or after the failure. CHAPTER 10. Of insurance against the dangers of conveyance by land, and by rivers and inland canals. 686.　Besides the requisites mentioned in the 256th article, the policy must express: 1. The time within which the voyage must be terminated , if it has been fixed by the letter of freight; 2. Whether it must be proceeded on without interruption or not; 3. The name of the shipmaster or bargeman, carrier, or forwarder who has undertaken the conveyance. 687.　The insurances against the dangers of conveyance by land or by rivers and inland canals, are, generally and according to circumstances governed by the prescriptions of the law respecting maritime insurance, with reserve of the stipulations contained in the following articles. 688.　In insurance on goods the underwriter's risk commences, as soon as the goods have been brought or deposited at the carriage, craft, the office, or such other place where goods are usually received for conveyance, and ends when the same have arrived at their destination and been delivered to their address or been placed at the disposal of the insured or his representatives. 689.　If goods have been insured which must be transported by land or by water, or by both alternatively, the underwriter is in so far not liable as the voyage has, without necessity, been performed by other routes or in another manner than is customary. 690.　If the time allowed for the conveyance has been fixed by the letter of freight, and mention thereof has been made in the policy, the underwriter is not liable to indemnify the damage occurred after the time, within which the goods ought to have been transported. 691.　In insurance of goods which must be transported by land, or alternatively by land or water, the risk continues to run for the underwriter's account, even although the goods have been 'placed or transhipped in other vehicles or vessels during the voyage. 692.　The same takes place with respect to goods which are to be transported by the rivers or inland canals, when the goods are transhipped in other crafts, unless the insurance be effected on goods to be laden in a particular vessel. Even in this latter case the risk continues to run for account of the underwriter, if the transhipment in other crafts has been effected to lighten the vessel, on account of low water or for other urgent reasons. 693.　In insurance on goods forwarded by land, the underwriter is also responsible for the damage and losses caused by fault or guilt of the persons employed in taking charge, conveying and delivering of the goods. 694.　The regulations contained in the fifth section of the ninth chapter, equally apply to the insurances mentioned in the present chapter. 695.　Parties are at liberty to deviate by agreement from the stipulations contained in the 688th and following articles. CHAPTER 11. Of averages. FIRST SECTION. Of averages in general. 696.　All extraordinary expenses incurred for the good of the ship and the goods together or separate; all damage coming to the ship or goods, during the time fixed in the third section of the ninth chapter for the beginning and ending of the risk, are considered as average. 697.　If it has not been otherwise agreed upon between the parties, averages are adjusted according to the following rules. 698.　There are two kinds of averages: Gross or general averages, and simple or particular average. The first is assessed on the ship, the freight and the cargo; the last named comes to the charge of the ship or of the goods, which have suffered the damage or occasioned the expenses alone. 699.　General averages are: 1. Whatever has been given to the enemy, or to pirates for the release or ransom of ship and cargo. In case of doubt the ransoming is always held to have taken place for the benefit of ship and cargo both; 2. What has had to be jettisoned for the preservation or the common good of ship and cargo; 3. Cables, masts, sails and other stores, which have been cut or broken for the same purpose; 4. Anchors, cordage and other articles which, for the same purpose, one has been under the necessity to slip, or part with; 5. The damage caused by the jettison, to the 'goods remaining onboard; 6. The damage purposely done to the body of the ship, to facilitate the jettison and lighting, or saving of the goods, or to promote the getting rid of water, and the damage then caused to the cargo by such water; 7. The attendance, cure and maintenance and the indemnification of all persons onboard, who have got wounded or maimed in defending the ship; 8. The indemnification or the ransom of those who, having been sent out to sea, or on shore, for the service of the ship or cargo, have been captured, kept prisoner or enslaved; 9. The wages and maintenance of the crew during the time the ship has been obliged to stop in a port of shelter; 10. The pilotage- and other harbour-dues to be paid on entering and leaving a port of shelter; 11. The rent of the warehouses and stores, in which the goods must be deposited which cannot remain in the ship during the repairs in a port of shelter; 12. The charges of reclaiming, if the ship and cargo are detained or brought up, and both are reclaimed by the master; 13. The wages and maintenance of the crew during such reclaiming, if ship and cargo are released; 14. The charges of unloading and lighterage, together with those of bringing the ship in a port or river, when she is compelled to put in by storm, pursuit by enemies or pirates, or any other cause to save ship and cargo; and also the loss or damage sustained by goods by their being discharged and reloaded, in need, in lighters or boats, and their reloading in the ship; 15. The damage caused to the ship or to the cargo, or to both, if the ship has been purposely run on shore to prevent her capture or perishing, and equally so if this has taken place under any other threatening danger, to save ship and cargo; 16. The charges, and cost of assistance to bring the stranded ship afloat again, in the case above alluded to, and every remuneration of extraordinary services to prevent the loss or capture of the ship; 17. The loss or damage sustained by the goods which, in case of distress, have been put in lighters or boats, including the share in the general average due by the goods to such lighters or boats, and reciprocally the loss or damage come to the goods which have remained in the first ship, and to the ship herself after the lightening, for as much as such damage or loss belong to general average; 18. The wages and maintenance of the crew if, after the beginning of the voyage, the ship is detained by a foreign Power, or by the breaking out of a war, as long as ship and cargo are not released from all reciprocal engagements; 19. The bottomry-premium of sums raised to defray the charges pertaining to general average; 20. The premium of insurance to cover the charges mentioned under the preceding number, or the loss sustained by the sale of part of the cargo in a port of shelter to cover those average-charges; 21. The charges incurred by the adjusting and regulating of the general average; 22. The expenses including the augmented wages and the maintenance of the crew, occasioned by an unusual quarantine, not foreseen at the closing of the affreightment, for as much as the ship and the articles composing the cargo, are subject thereto; and 23. Generally, all damages, purposely caused in distress, and sustained as a direct consequence thereof, and the expenses incurred under like circumstances, after the required deliberation, for the preservation and common good of ship and cargo. 700.　If inward defects of the ship, her unfitness for the performance of the voyage, or fault or neglect of the master or crew have caused the damage or expenses, these latter are not general average, although willingly incurred for the good of ship and cargo after requisite deliberation. 701.　Particular averages are: 1. All damage and loss occurred to the ship or the cargo by storm, capture, shipwreck or casual stranding; 2. Salvage and the disbursements made at the saving; 3. The loss of, and the damage caused to cables, anchors, cordage, sails, bowspreet, topmasts, yards, boats, and ships-stores, by storm, or-other mischief at sea; 4. The charges of reclaiming, and the maintenance and' wages of the crew during the reclaiming, if only the ship ., or the cargo alone, have been seized; 5. The special repairs of the casks and the expenses for bringing in order the damaged merchandise, for as much as they are not the direct consequence of any casualty which constitutes general average; 6. The surplus freight and the charges of loading and unloading, which must be paid if the ship is condemned during the voyage, in the cases in which the goods are forwarded by another vessel, for accoun of the shippers, according to the stipulations of the 478th article of this code; and 7. Generally, all damage, loss and expenses made which are not caused or occasioned purposely and for the preservation and common good of ship and cargo, but which have been sustained or occasioned on behalf of the ship alone, or for the cargo alone, and which consequently, according to the 699th article, do not belong to general average. 702.　When a ship is prevented by existing shoals , shallows or banks from leaving the place of departure, or reaching her place of destination with her full cargo, and a part thereof must thus be conveyed to the ship by, or discharged in lighters, such lighterage is not considered as average. The expenses come to the charge of the ship, if no other agreement has been made by the bills of lading or charterparty. 703.　The rules respecting general and particular average contained in the 698th, 699th, 700th and 7018t articles, likewise apply to the lighters just mentioned and the objects loaded in the same. 704.　If during their navigation, any damage comes to the lighters or to the goods loaded therein which belongs to general average, one third thereof is supported by the lighters, and two thirds by the goods which are onboard of them at the time. These two thirds are afterwards assessed as general average, on the principal ship, the freight and the whole cargo, including that of the lighters. 705.　Reciprocally the goods laden in the lighters continue in common with the principal ship and the remainder of the cargo, and participate in the general averages which may have come to the ship and the cargo, till the moment the first named shall have been landed at their place of destination and delivered to the consignees. 706.　Goods not yet laden either in the principal ship or in the vessels destined to convey them to her, do not in any case participate in the casualties befalling the principal ship, in which they are to be laden. 707.　Damage come to the merchandise in consequence of the master having neglected to close the hatches, to make the ship properly fast or to provide proper implements for hoisting, and of all other misfortunes, caused by design or carelessness of the master or crew, are particular averages, for which the shipper has his recourse on the master, the ship and the freight. 708.　The pilotage, towage, and other dues to enter or leave harbours or rivers, all tolls and expenses at the departure or passage, all tonnage, anchorage, beaconage or lightdues, and all other duties relative to navigation, are not averages, but usual expenses for account of the ship, unless it be otherwise agreed upon by the bill of lading or the charterparty. These expenses never come to the charge of the underwriters, unless in the particular case of their being the consequence of some unforeseen and extraordinary circumstance occurred during the voyage. 709.　To estimate the particular average to be paid by an underwriter who has insured goods for all risks, the following rules are applicable: Whatever on the voyage has been robbed or lost or sold on account of damage occasioned by perils of the sea or for any other cause against which has been insured, is estimated at the invoice-price, or, in default thereof, at the value for which the goods are insured according to the prescriptions of the law; and the underwriter pays this amount. On safe arrival of the insured goods, if they are partly or wholly damaged, competent persons determine what the goods would have been worth, if they had arrived unhurt, and further what now is their value; and the underwriter pays such part of the sum insured as is in proportion to the difference between the two valuations, together with the charges incurred by the estimation of the damage. All without prejudice to the estimate of expected profit, if this has been insured. 710.　The underwriter can in no case compel the insured, to sell the objects insured for the purpose of ascertaining their value, unless it were otherwise agreed upon by the policy. 711.　If the loss must be adjusted in a foreign country, the laws and customs existing there must be complied with. 712.　If the insured goods arrive here in a damaged or deteriorated state, and the damage is visible ontwardly, the inspection of the goods and appreciation of the damage must take place by competent persons before the goods are come under the control of the insured. If the damage or diminution is not outwardly apparent at the discharge, the inspection may take place after the goods have come under the control of the insured, provided it be done within thrice four and twenty hours after the discharge; without prejudice to what further evidence may be found necessary on the side of either party. 713.　In case of damage to an insured ship, sustained by perils of the sea, the underwriter only sustains two thirds of the costs of the repairs, whether they have actually taken place or not, and this in proportion of the insured to the uninsured part. One third remains for account of the insured as supposed amelioration by new for old. 714.　If the repairs have taken place, the amount of the costs thereof is proved by accounts and any other evidence, and, if need be, by an estimate by competent persons. If the repairs have not been done, the amount thereof is estimated by competent persons. 715.　When it appears, if necessary after the hearing of competent persons, that the value of the ship has increased by more than one third by the repairs, the underwriter pays in the proportion mentioned in the 713th article, the full amount of the expense incurred, after deduction of the increase of value. 716.　If on the contrary the insured proves, if necessary after estimation as aforesaid, that the value of the ship has not been improved or increased in any way by the repairs, especially from her being new, and having suffered the damage on her first voyages, or by the damage having occurred to new sails or new ships-stores, or to anchors, chain-cables or new copper sheating, then the deduction of one third does not take place, and the underwriter is bound to indemnify the whole cost of the repairs, in the proportion mentioned in the 713th article. 717.　If the costs of repairs should amount to more than three fourths of the value of the ship, she must, with respect to the underwriter, be held to be condemned; and the underwriter is then bound, if no abandonment has taken place, to pay the sum he has insured to the insured, under deduction of the value of the damaged ship or wreck. 718.　In the case of a ship having reached a port of necessity and being, by any cause whatever, subsequently lost, the underwriter is not liable for more than the payment of the sum insured by him. The same rule applies if a ship has,'by several repairs, expended more for these than the sum insured. 719.　Without prejudice to the stipulations of the 643rd, 644th and 645th articles, the underwriter is not bound to support any general or particular average, if this, exclusive of the costs of inspection, estimation, and adjustment, does not amount to one percent of the value of the damaged object; saving the faculty of the parties, to agree otherwise on this head. 720.　The underwriters, as well on the ship as on the freight and on the cargo, pay each as much for general average as those objects, for as much as insurance has been made thereon, have to participate in the general average, and that in the proportion of the part insured, to the uninsured part. 721.　The general and particular average being adjusted, the account of loss and the vouchers relative thereto must be delivered to the underwriters. These are bound to pay what is due by them within six weeks after, and are, from that time, liable to legal interest. SECOND SECTION. Of the assessment and apportionment of gross or general average. 722.　The adjusting and assessment of general average is made at the place where the voyage ends, unless the parties have otherwise agreed. 723.　On cessation of a voyage in this country, or by stranding of ships there, the account and assessment are made out at the place in this country from whence the ships have taken or should have taken their departure. 724.　The estimation and assessment of general average, are made at the request of the master and by competent persons. The experts are appointed by the parties, or by the Arrondissement Court of the place where the estimation and assessment must be made in this country. The experts must be sworn previous to beginning their work. The assessment must be sanctioned by the Arrondissement Court. In foreign parts the general average is adjusted by the authority competent there. 725.　In case of a total cessation of the voyage on the way, or of sale of the cargo in a port of shelter, both i happening out of this country, the claim, adjustment and assessment of the loss are made at the place where such cessation or sale occurs. 726.　If the master neglects to make the claim mentioned in the preceding article, the owners of the ship, or also those of the goods, are qualified to make the claim themselves, without prejudice to their claim on the master for indemnification. 727.　General averages are sustained: By the value of the ship in the state in which she is arrived under addition of what is compensated in general average; By the freight under deduction of the wages and maintenance of the crew, and By the value of the goods which at the time when the damage occurred were extant on board or in the lighters or boats, or which, before the disaster, have either been thrown over board in peril, and made good, or have had to be sold to cover average-charges. Specie contributes to the general average for its rate of exchange at the place where the voyage ends. 728.　The goods laden are estimated at their value at the place of discharge, under deduction of freight, import-duties, and charges for unloading, together with the particular average come to their charge during the voyage. This suffers exception in the following cases: If the adjustment and assessment must be made at the place in this country from whence the ships have departed, or should have departed, the price of the goods laden is fixed at the value which the goods had at the time of shipment, together with the charges till onboard, exclusive of the premium of insurance; and, if the goods are damaged, at their actual value. If the voyage is entirely stopped in foreign parts, or the goods are sold, and the average cannot be adjusted there, then the price which the goods are worth on the way, or their net proceeds at the place of sale, is taken as contributing capital. 729.　The goods thrown overboard are valued at the marketprice of the ship's place of discharge, after deduction of freight, import-duties, and ordinary charges; their kind and state are made out by the bills of lading, invoices, and other means of evidence. 730.　If the kind or quality of the merchandise has been inaccurately described in the bill of lading, and they are more valuable, the loss is assessed thereon at the rate of the real value, if the goods have been saved. If, however, they have perished by jettison, the loss is made good according to the quality mentioned in the bill of lading. If the goods mentioned are of a lower quality than is stated in the bill of lading, they contribute to the loss according to the quality mentioned in the bill of lading in case they have been saved. They are made good at the rate of their real value, if they have been thrown overboard. 731.　The provisions, the clothes of the crew, the daily clothes of the passengers, and also the ammunition required for the defence of the ship, do not participate in the losses by jettison. The value of all articles of that kind thrown overboard, is made good by assessment over all the goods. 732.　The goods of which no bill of lading of the master exists, or which are not mentioned in the manifest, are not compensated, if they have been thrown overboard; they participate in the loss if they have been saved. 733.　The goods laden on deck likewise participate in the loss, if they have been saved. If the master has placed the goods on deck, without the knowledge or consent of the shipper, and the same have been thrown overboard or damaged by the jettison, the shipper has the right of claiming assessment, without prejudice to the recourse of all parties concerned on the ship and the master. 734.　In case the ship is lost, notwithstanding the jettison of goods or cutting of ship's rigging, no assessment for compensation takes place. The goods saved or rescued, are not liable to payment or compensation of loss sustained by the things thrown overboard, damaged or cut. 735.　If the ship is saved by the jettison or cutting, and in the prosecution of her voyage is lost afterwards, and goods are then saved, the goods saved only participate in the jettison, for the value they then have, after deduction of the salvage-dues. 736.　If the ship and cargo are saved by cutting or other damage caused to the ship, but the goods perish or are robbed afterwards, the master has no claim on the owners, shippers, or consignees of the goods for participation in the assessment of such catting or damage. 737.　If the goods are lost by the fault or act of the shipper or consignee they nevertheless participate in the general average. 738.　The owner of a cargo needs in no case to support a greater share in a general average, than for the value which the goods have on their arrival; saving such expenses as have been bona fide incurred by the master, even without authorisation, after the loss of the ship, or the bringing up or seizure of the goods, to recover some part of what was lost, or to reclaim the goods brought up, even if it has been done without any good result. 739.　If after the assessment, the goods thrown overboard have been recovered by the owners, these are bound to return to the master and the parties concerned in the cargo, what has been assigned to them for the same by the adjustment, under deduction of damage, charges and salvage. In such case the ship and parties concerned participate in what is thus brought in, in the same proportion in which they have contributed for the loss by the jettison. 740.　If the owner of the goods thrown overboard recovers the same without claiming any indemnity, he, in no case, participates in the general average befallen after the jettison to the goods which have remained safe. CHAPTER 12. Of the becoming void of contracts in maritime commerce. 741.　By the lapse of one year become void all judicial claims: 1. For payment of ship's freight, wages and pay of the master, officers and crew; 2. For payment of provisions furnished to officers and crew by the master's order; 3. For delivery of merchandise; 4. For payment of what is due by passengers. — These voidances begin to run, as follows: Those of No. 1 after the end of the voyage. Those of No. 2 after the delivery. Those of No. 3 and 4 after the arrival of the ship. 742.　By the lapse of three years become void: All judicial claim for the supply of necessaries for the fitting out and victualling of the ship, as also of timber, sails, anchors and what is further required for the building and repairing, and, finally, for wages and work done to the ship. All judicial claim for damage caused by fouling , running down, drifting or collision. The first mentioned voidance begins to run from the day of delivery of the articles, or completing of the work and the latter from the day on which the event occurred. 743.　By the lapse of five years become void: All judicial claim resulting from a bottomry-bond, or a policy of insurance. This voidance begins to run from the day on which the agreement was closed. 744.　All claim, between the parties concerned, to an assessment by way of general average, is void two years after the termination of the voyage. 745.　The privilege on ships, freight and goods for bottomry-debt, expires after the lapse of six months after the ship's arrival at the place where the voyage ends, if the bottomry-bond has been granted within the limits of Europe, after one year if it has been granted at any place on the coasts of Asia or Africa situated on the Mediterranean and Black Sea, and after two years, if in other parts of the world. In case of maritime war the term is doubled. 746.　All claim against the master and the underwriters on account of damage sustained by the goods shipped, is void, if they have been accepted without the inspection and valuation of the damage in the manner prescribed by the law, or, if, the damage not being visible outwardly, the inspection and valuation have not taken place within the term fixed by the law. 747.　The stipulation of the 2010th article of the Civil Code applies to the voidance mentioned in the 741st, 742nd and 743rd articles. CHAPTER 13. Of ships and vessels navigating on the rivers and inland canals. 748.　Ships and vessels which navigate on the rivers and inland canals, and also come from foreign parts or are bound to foreign parts, are considered as sea-going ships, and consequently the stipulations contained.in the preceding chapters of this book, are, generally and according to circumstances, applicable to the same; without prejudice to the regulations and rules legally established with regard to the navigation of such ships and vessels. 749.　With regard to ships or vessels exclusively employed in the navigation from one inland place to another inland place, as well on the streams, rivers, canals and channels, as on the inland seas and lakes, and along the shallows, the following regulations apply. 750.　The rules contained in the first part of this book are applicable to the same, with the following exceptions: 1. That the stipulation of the second paragraph of the 309th, as also of the 312th article, are limited to ships or vessels of the measurement of ten lasts or more; 2. That the privileged debts, which can be recovered on the proceeds of the ships and vessels mentioned in the preceding article, are the following, in the order wherein they are placed: a. The salvage-, assistance-, and pilotage-dues; b. The tonnage-, beacon-, light-, and other harbour-dues; c. The guards-, watch-, and workmen's-pays; d. The rent of warehouses and stores for the keeping of the ship's appurtenances and implements; e. The wages of the mastes and crew; The privilege granted under the letters a, 6, c, d, and e, cannot be claimed after three months from the day the debt was due. f. The necessaries provided, and repairs done to the ship or vessel and her stores, during three years, from the day on which the repairs have been completed; g. The claim for the construction of the ship, together with interest for the last three years; h. The damages and interest due to shippers for non or improper delivery of the merchandise shipped by them and the damage caused to the goods by negligence or fault of the master or crew; 3. That, if the proceeds of the ship or vessel are insufficient for the full payment of the debts designated respectively in each subdivision of the second paragraph of this article, the costs last incurred of each of them, have precedence before those of earlier date. 4. That, after the debts mentioned in the said second paragraph, are also privileged on the ships and vessels alluded to, for as much as they measure ten lasts or more, those designated in the 315th article, under observance of the stipulations it contains; 5. That all the above-mentioned privileges become void, when the ship or vessel , after having been transferred to another, without protest of the privileged creditors, has navigated during half a year, on the name and for account of the new owner, all with observance of the second and third paragraph of the 346th article. 751.　The rules, contained in the second title of this book, are only applicable to the managing owners and owners of the inland ships and vessels designated above in the 749th article, as far as regards the stipulations of the 320th, 321st, 3221"1 and 323rd articles; the first paragraph of the 325th article, and the 326th, 327th, 328th, 329th, 330th 332nd, 333rd, 335th, 336th and 337th articles. 752.　The obligation of the managing owner or manager to render an account, and that of every part-owner to examine and close account and to pay his share of the unfavorable balance, are determined by the agreement and the common law respecting mandate; saving that the approbation of the majority of the owners, does not prevent the minority to enforce their rights. 753.　The prescriptions of the third chapter of this book, are only applicable to the masters of the inland ships or vessels mentioned above in the 749th article, as regards the stipulations of the 341st, 345th, 346th, 348th, 349th, 354th, 355th, 356th, 363rd and 367th articles, the first paragraph of the 368th article and the 382nd, 390th, 391st, 392nd and 393rd articles, without prejudice to what is stipulated by rules and regulations legally existing on the subject. The obligation of the master to render an account, and all that is relative thereto, is determined by the agreement, the common law and the special regulations and rules respecting this matter legally established. 754.　The prescriptions of the fourth chapter are only applicable here as regards the 4518t and 452no articles. The rights and obligations derived from the engagement of mates, boatmen and other crew, are regulated according to the agreement, according to the prescriptions of the Civil Code respecting the hiring of servants and workmen, and by the special rules and regulations legally existing on the subject. 755.　The prescriptions of the fifth chapter of this book are not applicable to inland navigation. The rights and obligations derived from freighting, the time of loading and unloading and whatever is relative thereto , are regulated according to the stipulations of the fifth chapter of the first book of this Code, according to those of the Civil Code respecting hiring and engaging, according to the legally existing special rules and regulations on those matters, and, in default of these, according to local usage. 756.　The prescriptions of the sixth chapter of this book apply to inland navigation, with this exception, that in the cases mentioned in the 538th and 540th articles, each ship or vessel and each cargo, supports its own damage. This is also applicable in case one of the ships or vessels is a sea-going ship, or one assimilated thereto by the 748th article, and the other belongs to inland navigation. 757.　The prescriptions of the seventh chapter of this book, are generally, and according to circumstances, applicable to inland navigation. Differences about salvage-money, or remuneration for assistance are settled by the Arrondissement Court within whose jurisdiction the salvage or assisting has taken place. 758.　The prescriptions of the eight chapter of this book do not apply to inland navigation. 759.　The stipulations of the 708th, 709th, 710th 712th, 713th, 714th, 715th 716th 717th, 713th, 719th and 721st articles are also applicable to inland navigation. 760.　If goods have been jettisoned to save the ship or vessel and cargo, the assessment of loss is made in the same manner and according to the same rules, as prescribed with respect to maritime navigation. 761.　The same rule applies if goods have been transhipped into lighters or boats, to save the ship or vessel and the cargo. The charges on such transhipment, the damage come to the goods and the indemnities due to the lighters or boats , are supported by the principal ship or vessel and the cargo, according to the preceding article. 762.　The other stipulations of the eleventh chapter are not applicable to inland navigation. 763.　The stipulations of the twelfth chapter apply generally, and according to circumstances, also to the inland navigation. BOOK III. OF THE REGULATIONS IN CASE OF DISABILITY OF MERCHANTS OR TRADERS, TO MEET THEIR ENGAGEMENTS. CHAPTER 1. Of bankruptcy. FIRST SECTION. Of the declaration of bankruptcy, and its general consequences. 764.　Every trader, who suspends his payments, is by judicial sentence declared to be in state of bankruptcy either on his own declaration, at the request of one or more creditors, or, finally, at the requisition of the public prosecutor. 765.　He is bound to give notice thereof, within three days after his having suspended payment, at the office of the Arrondissement Court of his domicile or, if mercantile societies are concerned, at that of the Arrondissement under the jurisdiction of which the common office is established. With respect to a partnership under a firm, the notice must contain the name and domicile of each of the partners individually liable for the whole. 766.　The demand of declaration of a bankruptcy by creditors, is made to the Arrondissement Court mentioned in the first paragraph of the preceding article, by a petition accompanied with the proof or indication of the facts and circumstances, which show that suspension of payment has actually taken place. The petition is presented at the office of the Court and the date of presentation duly recorded in a register kept for the purpose. The Arrondissement Court decides as quickly as possible on the petition. It is qualified to hear the debtor previously, or to cite him by a letter from the recorder. 767.　The estate of a trader deceased after having stopped payment, can be declared to be in state of bankruptcy, whether his heirs avail themselves or not of the right of consideration, or accept the inheritance unconditionally or under privilege of inventary, or have refused it, provided the request to that effect be presented at latest within three months after the debtor's decease. The petition must be made out in the same manner as prescribed in the preceding article; the heirs are heard thereon , or properly cited by summons delivered at the residence of the deceased, without its being necessary to designate them by name. The declaration of bankruptcy has the judicial effect of separating the estate of the deceased from that of his heirs, as and in the manner described in the Civil Code. 768.　The public prosecutor is qualified to require that the debtor who has stopped payment, be declared to be in state of bankruptcy, if necessary, after being heard or after proper summons, if he has absconded without having put order to his affairs, or is concealing his property. The Canton-judge can in such cases, primarily, provide for the safety of the estate, by sealing up, or by other suitable means of security. In such case he immediately sends to the public prosecutor a copy of the report of his proceedings. 769.　The bankruptcy dates from the day of the debtor's declaration, from the day of presentment at the office of the petition of the creditors, or, finally, from that of the public prosecutor's requisition. The date in question is mentioned in the sentence declaring the state of bankruptcy. 770.　In consequence of the sentence declaring the state of bankruptcy the debtor judicially loses the management and control of his property. With respect to the estate of the deceased debtor, this stipulation also applies to his heirs in the case mentioned in the 767th article. 771.　This sentence also implies that, without prejudice to the stipulations of the 854th, 855th and 858th articles, all judicial execution against personal or real estate of the debtor, commenced before his bankruptcy, is immediately put a stop to, and that, from that same moment, no sentence of personal constraint can be executed. In the case of a judicial pursuit to reclaim goods sold and delivered having commenced before the declaration of bankruptcy, according to the eighth chapter of the first book of this Code, this is continued against the curators and the sentence executed. This also applies to every suit whereby some determined object is reclaimed as property. 772.　If before the bankruptcy of the debtor the eviction of his personal or real estate was so far advanced, that the day of definitive sale thereof was fixed, and made known by bill-posting, the curators can, with the authority of the judge-commissary, cause the sale to be proceeded with for account of the estate, without prejudice to the prosecutor's right to the proceeds, if he has precedence, pledge or mortgage. 773.　All payments of debts not yet due at the commencement of the bankruptcy made by the debtor within forty days before the day, mentioned in the 769th article, are restored to the estate. 774.　Pledge or mortgage granted by the debtor within forty days before the commencement of the failure, are void in the two following cases: 1. If granted as security for engagements entered into before that time; 2. If they have been granted as security for engagements entered into within that term, and not directly established by the original agreement. The preceding regulations are not applicable to mortgages, which the trustee or curator is bound to give as security for his administration. 775.　All donations of personal or real estate, made by the debtor, are judicially void with respect to the creditors, if they have taken place within the term of sixty days before the commencement of the bankruptcy, even if the parties should have acted in good faith. That term is doubled, in case the endowed is related to Ihe donor by kindred or by marriage in the ascending or descending line indefinitely, or in the collateral line to the fourth degree inclusive. This is applicable also if the donation has been made to the donee by means of intermediate persons. 776.　At whatever time the donation has taken place, it can be annulled for the benefit of the creditors, if it is proved that the donor was aware 'of the unfavorable state of his affairs, even if the donee was in good faith. The suit for this annulment becomes void, as soon as the curators have delivered their accounts, in accordance with the 885*h article. 777.　All deeds by which the debtor has transferred the property of personal or real estate under an onerous title, and, generally, all dealings whatsoever, and at whatever time they have taken place, can be annulled at the requisition of the creditors, if they prove that the same were intended by both parties to wrong fraudulently the rights of the creditors. 778.　By the bankruptcy the debts not yet due, running at the charge of the debtor, become exigible as regards himself. If the debt, however, was to be paid off by yearly instalments, or only to become exigible after the lapse of three years or later, without the debtor being in either case liable to the payment of interest, the capital, for which the creditor is acknowledged in the estate, shall be estimated by the judge, according to the lesser actual value resulting therefrom. 779.　If claims on the bankrupt party appear, the existence, the exigibility, or the amount of which depend on the fulfilment or non-fulfilment of conditions at a future time, and the liquidation of the estate cannot, consistently with the interest of the joint-creditors, be delayed till the final issue, one of the following modes of settlement are adopted according to circumstances. 780.　The interest of the creditors shall be estimated by competent persons, and, if necessary, fixed by the Court, according to the principal amount of the debt, and in proportion to the loss which the estate of the bankrupt-party can suffer by non-fulfilment of the conditions, and to the profit which the creditor can enjoy by the release from the fulfilment of the same. 781.　If such valuation is either deemed impracticable from the nature of the case, or unadvisable in the interest of the parties, the creditor can be acknowledged for the full amount conditionally owing, and dividend be paid to him, against satisfactory security for the restitution with the interest, if, and for as much as it may appear later, that the conditions, to which the debt is subjected, have or have not been fulfilled. 782.　If such security cannot be given, or if the judge deems it more advisable under the existing circumstances for the interest of the parties, the Court can order the amount of the dividend to which the creditor could later be entitled, to be deposited into the consignment-fund, until the fulfilment or non-fulfilment of the conditions shall appear. The amount thus reserved, is afterwards either paid to the creditor with the interest accrued thereon, after deduction of charges, or restored to the estate for the benefit of the jointcreditors or entitled claimants. 783.　If things be found in the estate of the bankrupt which belong to him conditionally, or of which he can only dispose conditionally, the sale thereof shall be ordained to be made in such a manner, that the purchaser be charged with the fulfilment of the conditions, unless the nature of some peculiar case, and the interest of the concerned, should cause the Court to deem it more advisable, even then, to order the settlement, to take place in the manner described in the three preceding articles, or to leave the thing unsold until the final issue. 784.　If the conditional debt is secured by pledge, and the good of the estate induces to leave the holder thereof in possession of the object, he, as concurring creditor, has at the final issue, claim only for what may then be left in the estate. If on the contrary the good of the estate does not require to leave the holder of the pledge in the possession of it, the same rules apply as above mentioned, with this difference, that in the case of the 780th article, the creditor need not give up the pledge, until the sum be paid to him at which his interest is valued, for as much as that sum can be recovered on the object; and that in the cases, stated in the 781st and 782nd articles, such amount as corresponds with the value of the object pawned, be paid to him, or deposited in the consignment-fund, against restitution of the pledge. 785.　If the debt is secured by a mortgage, the rules contained in the 125th and following articles of the Civil Code are alone applicable. At the final issue, the creditor has claim only for what comes short, as concurring creditor, on what may then be left in the estate. 786.　With regard to yearly, monthly and other similar bequests, donations or allowances, the rules laid down in the 1820th article of the Civil Code are applicable. SECOND SECTION. Of the provisionary measures attending on the declaration of bankruptcy and the powers vested in the curators. 787.　Besides mention of the day of commencement of the bankruptcy, the declaration of bankruptcy must contain: 1. The appointment of one of the members of the Court as judge-commissary in the bankruptcy; 2. The appointment of one or more curators by preference to be chosen out of the creditors. The recorder or substitute-recorders cannot be named as such; 3. The charge to provide for the security of the estate by sealing up or other suitable measures, or by both. A copy of the sentence is forwarded immediately, by the recorder of the Arrondissement Court, to the Canton-judge. 788.　The Court can at all times release the curators or any of them, and cause them to be replaced by others, either on the proposal of the judge-commissary or at the request, stating the reasons, of one or more creditors. It can, in like manner, adjoin one or more curators out of the creditors to the one appointed. At the occasion of the last meeting for the verification of the claims, the judge-commissary shall designedly consult with the creditors about such replacing or adjoining and report thereon to the Court, which shall decide upon the matter as it may deem expedient for the good of the estate. 789.　By the sentence declaring the state of bankruptcy or afterwards, but in the latter case on a report of the judgecommissary, the Court can order the bankrupt to be placed in custody, either in a place of confinement, or in his own dwelling in charge of a sergeant, or official guard. The mandate to this placing under custody, is executed by the public prosecutor. The Court is qualified, on the report of the judge-commissary, or at the request of the bankrupt and after hearing the first mentioned, to cause the debtor to be released from custody either without, or under bail for his appearing at all times. In the latter case the amount of the bail is fixed by the Court, and, on non-appearance, comes to the benefit of the estate. 790.　On every occasion on which the debtor's presence is required for the transaction of some defined business relative to the estate, he can, if in jail or in a place of confinement, be transferred from prison or jail by order of the judge-commissary. The judge-commissary takes the necessary measures against the escape of the debtor. 791.　The sentence by which the state of bankruptcy is declared, shall be executed without delay, notwithstanding opposition or higher appeal. He who, being declared in state of bankruptcy, either at the request of creditors or at the requisition of the public prosecutor, and, who, on being summoned, or voluntarily, has appeared and been heard by the Court, has right of higher appeal until the fourteenth day after the announcement in the public newspapers of the sentence, mentioned in the 793rd article, the day of advertisement not included. If he has not appeared, he has the right of opposition during the same period. He can, in this case, come in higher appeal, until the fourteenth day after which the judgment on the opposition has been brought officially to his notice; the day of giving notice being also not included in this case. The right of higher appeal and opposition, is pursued against those at whose request, or on whose requisition, the sentence declaring the state of bankruptcy has been given. Creditors whose petition to have their debtor declared in state of bankruptcy, has been rejected, have right to higher appeal during fourteen days from the day of rejection. With exception of creditors who have required the declaration of bankruptcy, and of the public prosecutor,' all other creditors and all parties interested, have right of opposition, in all declarations of bankruptcy, till the thirtieth day after the publication of the sentence in the newspapers, and, in case of rejection, right of higher appeal, till on the fourteenth day after official notice has been given, counting as aforesaid. All terms mentioned in this article, run regardless of the residence of the creditors or parties concerned. 792.　The curators must, immediately after their appointment, make oath before the judge-commissary, that they shall faithfully execute their charge. 793.　They are bound to have posted up, within three days after their appointment, an extract from the sentence declaring the bankruptcy, mentioning the name, the domicile, and the business of the bankrupt, the names of the judgecommissary and of the curators, and the day of commencement of the bankruptcy: 1. At the town- or community-hall of the place of residence of the bankrupt, or, in case of commercial partnerships, of the place where the office of the partnership is established. 2. At the building where the Court assembles, and likewise at the exchange, if any exist there. The affixing must be related by the sergeant on the engrossed copy of the sentence. The said extract must moreover, within five days after the appointment of the curators, be inserted, by their care, in one of the newspapers of the community where the Court is established, or, in default of such, in a provincial newspaper to be designated by the judge-commissary. 794.　In case of bankruptcy of a partnership, the sealing up, if ordered, takes place as well in the principal office, as in the dwelling of each of the partners liable for the whole. 795.　If the sealing-up has not been effected already by the Canton-judge on receipt of the sentence, mentioned in the last paragraph of the 787th article, the curators must cause it to be done without delay. The Canton-judge must in all cases send in to the Court a copy of the report of the sealing-up. 796.　The curators are qualified to require at or after every sealing-up that the bills or paper at short date, or which must be presented for acceptance, existing in the estate, be given up to them. The Canton-judge must mention that surrender in his report of the sealing-up, with accurate description of the objects. 797.　At the judge-commissary's proposal and after hearing the curators, the Court can order, that, to obviate considerable loss to the estate, the trade of the bankrupt shall not be abruptly stopped, but be continued for some time for the benefit of the creditors, by the curators or by some one under their superintendence. In such case the curators can require from the Cantonjudge, that the objects necessary for the business, be not put under seal. The Court can at all times repeal or alter those measures, at the judge-commissary's proposal and after hearing the curators. 798.　The curators subsequently proceed to the inventory, and cause themselves to be assisted by competent persons for the valuation of the things, unless the insignificancy thereof should induce the judge-commissary to leave the valuation to them personally. The bankrupt is called to assist. He is bound to give all possible elucidation, if necessary, to declare on oath before the judge-commissary, whether he possesses any other goods than those found in the estate, and, if so, to deliver or indicate these to the curators. 799.　If a sealing-up has taken place, the inventory is made by the curators as the unsealing is proceeded with, in the presence of the Canton-judge and signed also by the latter. Previous to, and during the inventory, the curators can require that the books, papers and documents of the bankrupt, be handed over to them by the Canton-judge, who makes mention thereof, and of the state of the books, in the report of the unsealing. 800.　If no sealing-up has been ordered, the inventory is made before a notary public, unless the judge-commissary should, on account of peculiar circumstances of the estate, allow the curators to do so by private act, in which case this act must, without delay be deposited at the recorder's office of the Court. 801.　If the bankrupt has made out his balance previous to the declaration of the bankruptcy, he must hand it over to the curators within 24 hours after their entering upon their functions. 802.　The balance must contain the statement and valuation of all the personal and real estate of the bankrupt, the statement of debts and claims, with mention of the names of the debtors and creditors, and such indications as may enable to judge of the situation of his affairs. 803.　If the balance has not yet been made out, the bankrupt must do so, either personally or by an authorized substitute in the presence of the curators or some one appointed by them. The bankrupt or his attorney has, for that purpose, access to the books and papers under the superintendence of the curators, without his being allowed to displace them without the judge-commissary's permission. 804.　In case the bankrupt neglects or refuses to make out the balance, or has died without having done so, the curators proceed thereto themselves with help of the books and papers of the bankrupt, and all such informations and elucidations as they can procure. 805.　The counting-house clerks or others in the service of the bankrupt may not refuse those informations and elucidations. On their refusal, the judge-commissary is qualified to interrogate them at the desire of the curators, as well with respect to the way in which the balance has been made out, as about the causes and circumstances of the bankruptcy. The wife or widow, the children, and other descendants, or the parents or grandparents of the bankrupt may in no case be interrogated thereon. 806.　The curators receive all funds coming in on their receipts. 807.　The curators open the letters directed to the bankrupt. If on the spot, he may be present at the opening. 808.　Under approbation of the judge-commissary, the curators can give up to the bankrupt and his household, the clothes, linen, and furniture required for their use, a statement whereof is made out by the curators. Where no prosecution for fraudulent bankruptcy has been instituted against the bankrupt, the curators can be authorized by the judge-commissary to provide, according to circumstances, out of the ready money at hand, for the maintenance of the household. The Court then fixes the sum to be expended for that purpose. 809.　All goods or merchandise subject to speedy deterioration, can, on the judge-commissary's authorization, be sold by the curators, in the manner he shall prescribe. For the sale of such goods as are not subject to an easy deterioration, but which, for the good of the estate, ought not to be held on "in natura", an authorization from the Court, asked at the suggestion of the judge-commissary, is requisite, by which it at the same time shall determine the manner of sale. 810.　The proceeds of the sales after deduction of charges, and all other monies, are kept in a "safe" with two different locks, and the judge-commissary determines by which different persons the keys thereof must be kept. If such keeping of monies is attended with difficulties, either on account of their unimportance, or for other reasons, the judge-commissary is qualified to order other measures to be taken with respect thereto. 811.　Every month, or as often as this is required by the judge-commissary, the curators must furnish him with a statement of the cash-account. The judge-commissary can order the whole or part of the ready money, to be deposited with the consignationfund, for the benefit of the estate. Such monies .can at all times be wholly or partly withdrawn from it, in virtue of an order from the judge-commissary. 812.　The curators report to the judge-commissary, whenever this is requisite, on what regards the concerns of the estate. The judge-commissary maintains the necessary superintendence over the curators. On his report the Court decides on such dissidences as result from the bankruptcy, and as to which it is competent. 813.　When motives exist to begin a lawsuit, or to proceed with one, in which the interest of the estate is concerned, it is entered upon or continued by, or against the curators. These are not qualified , without being authorized by the judge-commissary, to commence or continue such kind of lawsuits, or to defend themselves against the same. In case of refusal by the judge-commissary, the persons concerned can demand the authorization of the Court. 814.　The curators are bound to perform all acts requisite for the preservation of the rights of the estate on the debtors of the bankrupt. THIRD SECTION. Of the verification of the debts. 815.　As soon as the balance has been handed into the judge-commissary, he orders all known and unknown creditors, including the preferred and those holding a pledge or mortgage, to be assembled in order to proceed to the verification of the claims. 816.　The judge-commissary fixes the day, hour and place of the meeting according to circumstances, and within a suitable term. 817.　The curators are bound within five days after the judge-commissary's mandate, to call up the creditors to attend the meeting, by an advertisement which must be posted up at the exchange (if any exist at the place) or otherwise at the vestry hall, and inserted in one or more newspapers, to be indicated by the judge-commissary. The known creditors are moreover called up by letter, within the term aforesaid. 818.　On the day appointed, the meeting is held under the presidency of the judge-commissary in the presence of the curators. The bankrupt or his attorney may attend it. 819.　The judge-commissary begins by having read to the meeting the list of the creditors as made out from the balance and other vouchers, and adds to it the creditors who had thus far remained unknown, and have appeared at the meeting. The list must contain the names and domicile of the creditors and the nature and amount of their claims. It is closed and signed by the judge-commissary at the meeting. 820.　The judge-commissary subsequently proceeds to the verification of the claims of those who have personally or by proxy attended the meeting, in the manner prescribed in the articles following. 821.　Each of the creditors present is one by one called up to justify his claim before the curators, and the fellowcreditors mentioned on the list, alluded to in article 819, as far as present. Such creditors as pretend to preference, or hold a pledge or a mortgage , at the same time give a statement thereof. 822.　If the admission of the creditor is not disputed either by the curators or by some of the creditors present, and, as respects conditional debts about which the 779th and following articles contain stipulations, the joint-creditors have, by intervention of the judge-commissary, agreed with the conditional creditors, the claim is noted, and transferred to a list of acknowledged creditors. This list contains the names of the creditors, the nature and amount of the claim, and as to conditional debts, the mode of discharge. 823.　Any of the creditors who have appeared, and also the curators, may require that, previous to its being noted, the reality of the claim be affirmed by oath before the judgecommissary by the creditor or his proxy, specially authorized thereto at the meeting. The widow or heirs of the bankrupt are in such case only obliged to declare upon oath, that they are faithfully convinced of the reality of the claim. 824.　Tf no special authority to affirm upon oath has been given, the acknowledgement is provisionally recorded in the judge-commissary's report, and a proper term allowed to take the oath personally, or by attorney. The authorization to take the oath may be drawn up by private act, but must explicitly and accurately express the oath to be taken. 825.　If the admission of one or more of the creditors is disputed by the curators or by any co-creditor, or a difference arises about the mode of discharge of the conditional claims, alluded to in the 779th and following articles, and the judge-commissary cannot bring the parties to agree, he makes mention thereof in his record, and refers the parties, if the question is not already in litigation, to a session, to be fixed by him, of the Court, without any summons being requisite for that purpose. 826.　If all the creditors, placed on the list, made out from the balance and other vouchers, have personally or by proxy appeared at the meeting, and the claims of all of them without exception are acknowledged and transferred to the list mentioned in the 822nd article, and the affirmation upon oath with respect to one or more creditors who have been represented by attorneys does not require any delay, the latter list shall be definitively closed, and signed by the judge-commissary, who shall state in his report, that all the proceedings relative to the verification of the debts are terminated. In the contrary case, the list of the acknowledged creditors is only closed provisionally, and the further proceedings are put off to a future day. 827.　If no difference exists, which requires a judicial decision, the judge-commissary, before closing the session, fixes a day for the next meeting. The creditors who have appeared personally or by proxy need not, in that case, to be called up subsequently. The curators nevertheless are bound to acquaint by letter and by notice in newspapers, such creditors as have not appeared, with the day appointed for the next meeting, in the manner prescribed by the 817th article. 828.　The creditors who have appeared but do not reside in the community where the Court is established, must, by the report, elect domicile in that community. In default thereof all summonses and notices for them, can be served and delivered, at the recorder's office of the Court. 829.　If the meeting has been postponed on account of some question requiring a judicial decision, the day of the next meeting is fixed by the judge-commissary as soon as the sentence has become executable. In such case the notice to the creditors to attend the meeting is given by the curators in the following manner: Those who have personally or by attorney attended the first meeting, by letter at their dwelling, if they reside in the community in which the Court is established, and the other creditors who have appeared, also by letter delivered at their elected domicile, or, in default thereof, deposited at the recorder's office of the Court. The remaining creditors, by insertion of an advertisement in the newspapers as prescribed in the 817th article. 830.　On the day appointed, the further verification of claims is continued with, as prescribed in the articles 821, 822, 823 and 824. The creditors who have not attended the first meeting, are not qualified to dispute the legality of the acknowledged claims already placed on the list. 831.　If a difference arises with respect to the verification of the claims of the creditors alluded to in the preceding article, the judge-commissary shall make mention thereof in his report, and further act as prescribed in article 825. The litigation of this question, however, shall not impede either the deliberation and decision on an agreement proposed by the bankrupt, nor the adjustment of the estate. 832.　If the business cannot be brought to a close in one day, in the first or subsequent meeting, the judge-commissary shall each time postpone the session to another day, and mention this in his report, without further notice to attend. 833.　Those who have not complied either with the first or second notice to attend, are not acknowledged as creditors in the estate as long as they have not had their claim verified , and affirmed upon oath the reality thereof, if required. That verification is effected in the manner prescribed by the 867th article. 834.　The curators are bound to act for the security of the rights of the estate, in the litigation respecting the verification of the claims. After hearing the public prosecutor, the Court shall, as much as possible, decide upon all questions, by one and the same sentence. FOURTH SECTION. Of the composition. 835.　The bankrupt is qualified to offer a composition to his joint-creditors. 836.　If eight days, at least, before the convocation of the first meeting for the verification of the claims, he has deposited at the recorder's office of the Court a scheme of composition, and communicated a copy of it to the judgecommissary, it can in the case alluded to in the first paragraph of article 826, be immediately deliberated and decided upon. 837.　The deliberation and decision are deferred till another meeting to be fixed by the judge-commissary: 1. When, in the case stated in the first paragraph of the 826th article, one or more of the creditors wish further to consider about the composition; 2. When, in the case stated in the last paragraph of the said article, a second meeting must be called, for the purpose of the further verification of the claims; 3. When the scheme of composition has neither been deposited in proper time at the recorder's office of the Court, nor handed in at the first meeting, but is only submitted in the next, and one or more of the creditors wish that it be not immediately discussed or decided on. 838.　To deliberate and decide upon the composition offered are only entitled the creditors whose claims are acknowledged, and who as such, hare been placed on the list mentioned in the 822nd article, and those who have, by ultimate judgment, been admitted as creditors. The privileged creditors, and those who hold a pledge or mortgage, have no vote, unless they renounce their privilege , pledge or mortgage, in favor of the estate. That renunciation is void if the composition is not agreed unto. 839.　If creditors yet appear at the meeting in which the composition is deliberated upon, who have not attended the previous meeting, they shall be admitted, provided no difference arises about the verification of their claim, and that they take the oath immediately , if required. 840.　To the deliberation shall likewise be admitted, those who have previously appeared by attorney and whose oath had been required, after they shall have taken oath either personally or by attorney. 841.　For the acceptance of the composition is required the consent of two thirds of the concurring creditors, representing three fourths of the amount of the claims, which are unprivileged and not covered by pledge or mortgage, or of three fourths of the creditors, making up two thirds of the said amount. 842.　If three fourths of the creditors present, representing more than one half of the amount of the claims, agree to the composition, the deliberation shall, for once, be postponed by the judge-commissary, till a later day as early as possible, without further notice to attend. 843.　The agreement to the composition, shall, after its acceptance, be immediately signed by the creditors who have acceded thereto. 844.　The result of the decision is noted in the judgecommissary's report, and, in case of acceptance of the composition, the agreement must be handed in by him to the Court for sanction, within eight days after expiration of the after-mentioned term of opposition. 845.　The creditors whose claims were acknowledged at the time of deliberation on the composition, and who have not acceded thereto, can oppose the sanction, provided an act of opposition stating the reasons, be delivered by them to the curators and the bankrupt, and a copy thereof deposited at the recorder's office, all within eight days ultimately after the day of acceptance of the composition, that day hot included. The opposition can, amongst other motives, be grounded on the fact that the assets exceed considerably the amount of the composition proposed. 846.　In case of opposition, the judge-commissary shall, by a mandate, fix the day on which it shall be reported on by him to the Court. Notice of this mandate must be given by the curators to the parties, mentioned in the preceding article, as soon as possible, and at least, eight days before the day fixed for the session. The bankrupt is qualified to appear, to defend or elucidate he composition. The creditors who have acceded to the composition, or who have not been present at the deliberation thereon, can attend the session and join in the litigation. 847.　After expiration of the term of opposition, whether any has taken place or not, the Court shall, on the conclusions of the public prosecutor, adjudge the sanction or refuse it. 848.　The sanction makes the composition binding for all creditors without exception, known or unknown, including such as may later come forward; without prejudice to the rights of such as have preference or are holders of pledge or mortgage. Such creditors, however, as only come forward after sanctioning of the composition, can in no case claim from their co-creditors any return on account of dividends which have been distributed out of the estate in compliance with the agreement of composition, without prejudice of their right against the bankrupt for the amount of the composition. 849.　When the sentence by which the sanction has been adjudged has acquired force of law, and notice thereof has been given to the curators, the latter are bound to account to, and to settle with the bankrupt in the presence of the judge-commissary. The differences which may arise on that subject, are referred by the judge-commissary to the Court. If no different stipulations have been made by the agreement of composition, the curators give up to the insolvent, against his proper discharge, all goods, monies, effects, books and papers belonging to the estate. All this is mentioned by the judge-commissary in his report. 850.　On granting the sanction, the Court is competent, on the proposal of the judge-commissary, and after hearing the public prosecutor, to rehabilitate at once the unfortunate bankrupt who has acted in good faith. In all other cases, a rehabilitation cannot take place in any other manner than that ordained in the last section of this chapter. 851.　If no composition has been offered or accepted, or the sanction has been refused, the Court declares the estate insolvent, and commands the same to be adjusted by the curators. FIFTH SECTION. Of the adjustment of the estate. 852.　As soon as the mandate mentioned in the preceding article has been issued, the curators proceed with the adjustment of the estate, under observance of the following rules. 853.　The personal estate present is sold by the curators by public auction, in the presence of a qualified official appointed for the purpose by the judge-commissary, and with observance of the customs of the place; unless the Court should, on the report of the judge-commissary, determine that some objects specially designated, must, for the good of the joint-creditorB, be sold by private contract, or, on the sale of the real estate, be taken over therewith; in either case, at, or above the price at which the same shall be valued by competent persons appointed for the purpose. 854.　The holder of pledge or lender may exercise all rights attributed to him by law, as if no bankruptcy had taken place. All summons required by law, relative thereto, are made to the curators. The curators can nevertheless, (if necessary), on authority of the judge-commissary, sue the holder of a pledge or mortgage, in order that a term may be fixed within which he shall be obliged to exercise his rights, and after the lapse whereof the curators, he being in default, shall be qualified to reclaim, the objects pledged, or borrowed on, and, without prejudice to the rights of such holder, to have the objects pledged or borrowed on, sold themselves, in the manner described in the preceding article. 855.　The holder of pledge or lender, who has availed himself of his right, is bound to account to the curators for the proceeds of the object, paying over to them the surplus by which they exceed the amount due thereon, together with interest and charges. If the proceeds are not sufficient to refund the pledgeholder or lender, he becomes concurring creditor of the estate, for the deficiency. 856.　The curators, authorized by the judge-commissary, can redeem the object pledged or borrowed on, against payment of what is due thereon together with interest and charges. 857.　The immovable property belonging to the estate, is sold publicly by the curators in the presence of a competent official appointed by the judge-commissary, under observance of the local customs. If they are burdened with mortgages, the rules laid down in the 1255th article of the Civil Code, must be observed. 858.　In case of the special condition, mentioned in the second paragraph of the 1223rd article of the Civil Code, the hypothecary creditor can exercise his rights as if no bankruptcy had taken place. To proceed, however, with the sale, he is bound, besides the formalities proscribed by the 1355th article of that Code, to give officially notice of the day of sale to the curators, 30 days at least before the adjudication, unless the sale should have been begun before the bankruptcy. 859.　The hypothecary creditor of whom has been treated in the preceding article, is, after the sale of the pledged property, under the same obligations, as have been stated in the 855th article with respect to the holder of pledge or lender. 860.　The curators can, in the same manner as mentioned in the second paragraph of the 854th article, and if necessary judicially, have a term fixed, within which the hypothecary creditor alluded to in article 858, shall be obliged to proceed to the sale, and after expiration of which term the curators shall, in default, be qualified to have it sold, without prejudice to the creditor's right to the proceeds of the object. 861.　The hypothecary creditor, who is not paid in full for the principal sum, interest and charges, becomes a concurring creditor in the estate for what is deficient, in conformity with the stipulation of the 855th article preceding. 862.　After termination of the sale of the personal as well as real estate, a statement is made out by the curators of the acknowledged creditors who, on the verification of their claims, have alleged privilege, pledge or mortgage. For that purpose they take over the titles of the claims , against receipt. The judge-commissary therewith draws up a statement of the general classification, showing the proceeds of the different objects sold, the rank to which each of the said creditors is entitled and the sum for which he is definitively admitted, and, finally, the sum which, in consequence, may remain for the benefit of the concurring creditors. 863.　The curators are classified as first privileged on the whole proceeds, for the charges incumbent on the bankruptcy, inclusive of their remuneration. That remuneration is fixed at one percent of the proceeds of the personal and real estate sold, of the other receipts, and of the ready money found in the estate, without prejudice to the competence of the Court to allot moreover to the curators a sum for special time employed, if this is deemed equitable on account of the insignificancy of the estate, or of unusual concernment. 864.　By command of the judge-commissary, the classification is, together with the vouchers, deposited by the curators at the recorder's office, to remain there for public inspection during fourteen days. This deposit is announced in such newspaper or newspapers as the judge-commissary shall indicate. The term of fourteen days begins to run on the day following that of insertion in the indicated newspapers. 865.　If no opposition has been made within the term aforesaid, the classification is definitively closed by the judgecommissary, after which no opposition whatever is admitted. 866.　In case of opposition, the closing of the classification is deferred, until the questions arisen have been decided upon by definitive sentence. 867.　The opposition is made at the recorder's office, either by declaration or official notice, in both cases containing the grounds of opposition. No creditor whose claim has not been previously verified, is qualified to oppose, unless he requests at the same time to be as yet admitted to the verification. Such verification takes place in the presence of the judge-commissary and the curators. The bankrupt or his agent may be present. The acknowledged creditors are convoked by letter for the purpose, for a day fixed by the judge-commissary; all at the cost of the negligent creditor. 868.　In case of opposition against the classification, the questions are submitted to the Court by the judge-commissary, and a day of session therefore is fixed. Every acknowledged creditor can address the Court, on behalf of his interest. All the questions which have arisen are, as much as possible, decided upon by one and the same sentence, on the report of the judge-commissary and the conclusions of the public prosecutor. 869.　If the interest of any holder of pledge, lender or hypothecary creditor, makes it desirable not to await the result of the final classification , and a special assignment of rank does not wrong the other creditors, the Court can, at the request of the person concerned, after hearing the curators and on the report of the judge-commissary, order a separate classification to be made as to the proceeds of either personal or real estate, to be specially designated in its sentence. In that case the creditor is paid out of the proceeds of the object, and the mortgage thereon, if any, is erased. 870.　After the final closing of the classification, the Court ordera the mortgages on the goods sold, to be erased. in the manner prescribed by the 1257th article of the Civil Code, with observance of the stipulations of the 1258th and following articles of the same Code. 871.　The funds remaining after the classification, for the benefit of the concurring creditors, are proportionately divided between them. With the assent of the judge-commissary, the curators are qualified, however, to make a provisional distribution or distributions of dividends, out of the funds available for the purpose, before the settlement of the classification. The judge-commissary fixes each time the amount of the distribution, and the manner in which notice shall be given to the creditors of the distribution to be made. 872.　The hypothecary creditors participate in proportion to the full amount of their claims with the concurring creditors, in such distributions as take place before the payment of the price of the mortgaged property. What they shall thus have provisionally received, is deducted from what they shall afterwards appear to have a right to out of the proceeds of the mortgaged object, and the sum provisionally paid them comes back to the general estate. The preceding rules also apply to pledge and privileged debts. 873.　Every creditor, who has not attended the verification, can, as long as the last distribution has not taken place, oppose all or further distribution of available funds, by an act officially delivered to the curators. He is still obliged, in that case, to have his claim verified, and to affirm the validity thereof, if required, before the judge-commissary and in the presence of the curators and the acknowledged creditors, after notice to attend given to the latter by letter, at the cost of the opposing party, for a convenient day to be fixed by the judge-commissary. 874.　If the claim, if necessary after judicial investigation, is acknowledged, the creditor is qualified to exercise his right on what is still undivided, even for what may have been previously distributed to the acknowledged creditors. He can in no case reclaim any return from these latter. 875.　In the case mentioned in the preceding article, the privileged creditor maintains his right on the proceeds of the objects on which the privilege was founded, for as much as funds yet remain available in the estate, from whatever source they may be derived. 876.　A hypothecary creditor, who has not had his claim verified in due time, can attach the funds, which remain undivided, for the security of his right as mortgagee and his claim for what is deficient, provided he still causes his claim to be verified, and affirms its validity upon oath if required. In that case he fully maintains his rights, and if the premises pledged have been sold, he can exercise the same in the manner prescribed in the preceding article with respect to privileged creditors. 877.　If the bankrupt is not personally liable for the payment of a debt established upon real estate which he has possession of as third party, the hypothecary creditor has no claim on his estate for what is deficient. 878.　The creditor who holds a personal engagement between the bankrupt and other joint-debtors who have also failed, can claim in all their respective estates, until entire payment of the debt. 879.　The creditor who is secured by bail, comes up in the estate of the bankrupt for his claim, under deduction of what he has received from the surety. The surety has right of claim for all he has paid to liberate the bankrupt. 880.　In case of bankruptcy of the husband, the wife takes back "in natura" all personal and real estate belonging to her, and not included in the community of goods. It must be proved in accordance with the rule contained in the 205th article of the Civil Code, what property or jointure brought in at her marriage, has been excluded from the community of goods. The acquisition of personal estate during the marriage by inheritance, legacy or donation to the wife, not coming in the community of goods must appear by a description made thereof, or other proper documents, to the satisfaction of the judge. The goods proceeding from the investment or re-investment of funds, belonging to the wife, exclusive of the community of goods, are likewise taken back by her, provided the investment or re-investment be proved by proper documents to the satisfaction of the judge. or others, for the distribution of the amount or the proceeds of such claims or goods, between the creditors. 881.　The wife exercises her right as mortgagee like other creditors of that class. She participates with the other concurring creditors, for her personal claims. 882.　The property taken by the wife in virtue of the 880th article continues liable for the mortgages or debts with which it was legally encumbered. 883.　The wife has no claim on the estate on account of advantages settled in the marriage-contract; — reciprocally the creditors cannot be benefitted by the advantages settled by the wife on the husband by marriage-contract. 884.　The curators can be authorized by the judge-commissary to compound with the creditors of the estate, as also to enter into agreements or arrangements with the same. The concluded agreement must, however, be approved by the Court to be valid. 885.　If no well grounded prospect exists, that any more money will come in, the creditors are convoked for a day, fixed by the judge-commissary, to hear the account which shall be rendered by the curators, in the presence of the judge-commissary; the balance remaining is distributed between the creditors, and the curators are discharged. If any annuity is running at the charge of the estate, the necessary arrangements shall be made to comply with the prescription of the 1820th article of the Civil Code. 886.　If it should appear, after the discharge of the curators, that claims or goods belonging to the estate exist, which were unknown at the time of liquidation, the Court shall, at the request of any of the creditors, name a judgecommissary, and, further appoint either the retiring curators or others, for distribution of the amount or the proceeds of such claims or goods, between the creditors. 887.　If after the discharge of the curators, and previous to his rehabilitation the bankrupt should have acquired any property, the Court shall, at the request as aforesaid, hear, or regularly summon the bankrupt. The appointment of a judge-commissary and curators in such case, is not granted, where the amount of the property come to the bankrupt is of so little importance, that, after deduction of probable charges, it cannot really interest the creditors. 888.　The coercive measures taken against the debtor before declaration of bankruptcy, continue in force, in accordance with the stipulations of the Code of Civil Procedure. 889.　After the declaration, mentioned in the 851st article, the creditors can enforce the writ of constraint previously obtained against him. 890.　Notwithstanding the declaration of bankruptcy and the insolvency consequent thereon, the bankrupt can, in order to recover or to preserve his personal liberty, petition the Arrondissement Court that no contraint shall be exercised against him; or, if already in confinement, or ordered to be held in custody, that he may be released therefrom. 891.　The request mentioned in the preceding article, is granted by the Court, in such cases in which the bankrupt might, according to the Code of Civil Procedure, be admitted to the privilege of judicial abandonment of his estate. Before its deciding finally on the petition, the Court orders the creditors who have caused the petitioner's imprisonment , or recommended his being taken in custody, to be heard, or regularly summoned, and that the request shall be made publicly known, by announcement posted up on a board in the hall of audience of the Court and at the exchange, or, in default, at the vestry hall, where the sessions of the Court are. held. Every creditor who has obtained a writ of constraint, can oppose the petition within the term of one month, and the Court then gives judgment, after hearing the public prosecutor. SIXTH SECTION. Of rehabilitation. 892.　The bankrupt, who has not been rehabilitated, in accordance with the 85G"1 article immediately on the sanction of the agreement of composition or his heirs mentioned in the case of the 767th article, are qualified to present a petition for rehabilitation, to the Court which has declared the state of bankruptcy, even if the bankrupt should reside elsewhere. 893.　To the rehabilitation are not admitted those who have been declared guilty of fraudulent sale, or been sentenced for fraudulent bankruptcy, theft, imposture, or abuse of money or goods entrusted to them. 894.　The petition of the bankrupt or his heirs is not admissible , unless accompanied by a certificate showing that all the creditors have, each of them, been paid to their satisfaction. 895.　The petition is posted up in the manner mentioned above in the second paragraph of the 891st article. It is moreover published in such newspaper, or newspapers, as the Court shall order. 896.　Every creditor is qualified to oppose the petition within two months after the announcement aforesaid, by act delivered into the recorder's office of the Court. That opposition can be founded only on the fact that the debtor has not duly complied with the prescription of the 89 4"1 article. 897.　After expiration of the said two months, the Court shall, on the conclusion of the public prosecutor, grant or refuse the request, whether opposition has been made or not. 898.　If the request be granted notwithstanding opposition, or is refused, the opposing party can in the first, and the bankrupt in the latter case, appeal to a higher Court. 899.　As soon as the sentence pronouncing the rehabilitation has acquired force of law, it is, at the request of the rehabilitated party, read off publicly in the audience-hall of the Court, and inserted in its records. If the rehabilitated party should reside elsewhere, he can require that reading and recording should take place besides, in the Court of his present place of residence. CHAPTER 2. Of surcease of payment. 900.　Surcease of payment is exclusively granted to merchants, who, either by circumstances of war, or by other unforeseen calamities, are rendered unable for the time present to satisfy their creditors, but show by a balancesheet of their estate, corroborated by proper vouchers, that, by the delay to be allowed them, they shall be enabled to pay them in full. 901.　Surcease of payment can only be granted by the High Council. 902.　Previously to sending in his petition to the High Council, the debtor must apply to the Arrondissement Court within the jurisdiction of which he resides, or the office of the partnership is established, by a petition signed by him and a legal practitioner that the under-mentioned provisional measures may be taken. 903.　With this petition must be exhibited by the petitioner: 1°. Evidence of the unforeseen calamities which he alleges; 2°. A statement or balance-sheet corroborated by the necessary vouchers, together with a valuation of his property and assets, made out by him; 3°. A statement of the names and domiciles of his creditors, and amount of their claims; 4°. A separate list, containing the names and places of residence of such creditors as dwell or are staying in the Arrondissement in which the Court holds its sessions. All these documents are deposited at the recorder's office of the Court, for public inspection. 904.　The Court immediately orders the creditors mentioned on the list at N°. 4 of the preceding article, together with the debtor, to be summoned by letter against an early day, fixed by the Court, to be heard on the petition. Every creditor, wherever he may reside, is qualified to appear, even without notice to attend. 905.　On the day appointed, the creditors who attend are heard by the Court on the petition, and two or more persons, in preference from the principal creditors, appointed immediately by the Court, to take, together with the debtor, the management of his affairs. The persons named can at all times be released, either at their own request, or that of one or more creditors, and replaced by others. The Court is qualified, after that hearing, to grant to the debtor, by sentence stating the reasons, a provisional surcease of payment, while the cause is under deliberation with the High Council. The decision whereby the provisional surcease has been granted, or refused, is not subject to appeal. 906.　If a surcease of payment has been asked, and one or more creditors require the debtor to be declared in state of bankruptcy in accordance with the 766th article, the first named request is previously decided on, in the manner defined by the following article. 907.　If provisional surcease has been granted, the petition for declaration of bankruptcy is held over, until the High Council shall have decided on the definitive surcease. If the provisional surcease has been refused, the Court can, if grounds for this appear, declare the state of bankruptcy, without prejudice to the ultimate decision of the High Council on the surcease requested. 908.　The managers mentioned in the first paragraph of the 905th article are bound, on their responsibility, immediately after their being appointed, to announce this in the official newspaper and in such other newspapers as have been indicated by the Court in the same order. 909.　If the provisional surcease has been granted to the debtor, he must present his petition for definitive surcease to the High Council, within 14 days after, at most. In default hereof, the provisional surcease becomes void. 910.　The petition to the High Council must be signed by the debtor and also by a legal practitioner serving at that Court. With the petition must be sent in: 1°. A statement or balance-sheet, made out in the manner prescribed under Nos. 2 and 3 in the 903rd article; 2°. Evidence that all the above-mentioned provisional requisites have been complied with. 3°. A copy of the decision of the Court on the request of provisional surcease. 911.　The High Council places the petition in the hands of two commissaries. These then order a meeting of the debtor and his creditors for a fixed day, which must in proper time be announced by the petitioner in the official newspaper, and such other newspaper as the commissaries shall indicate. A copy of the petition and the vouchers, are meanwhile deposited for public inspection both at the recorder's office of the High Council, and at the legal practitioner's alluded to in the 902nd article. 912.　On the day of the meeting the debtor must hand in, or transmit to the commissaries, a declaration of the appointed managers, showing that, after investigation, it has appeared to them, that the statement or balance-sheet sent in with the petition, is true, and agrees with the books and other vouchers. 913.　On the appointed day the creditors and the debtor are heard j by the commissaries, after which these report to the High Council as to the fulfilment of the formalities prescribed by the law, the disposition of the creditors with regard to the petition, as also about what is manifest to them as to the peculiar circumstances and the misfortunes alleged by the debtor, and the probability of his being enabled by his surcease to pay his creditors in full, and finally, whether any traces of bad faith have been discovered in his dealings. 914.　If it appears to the High Council by the report of the commissaries that two thirds of the concurring creditors, whose claims amount to three fourths of the debt, or three fourths of the creditors, whose claims amount to two thirds of the debt, have opposed the petition, it is rejected without further inquiry. In the contrary case, the High Council gives judgment, whether a provisional surcease has been granted or not. By the rejection of the petition, the provisional surcease granted, becomes judicially void. In all cases the High Council sends in a copy of its judgment to the Arrondissement Court, and orders the granting or rejection of the request, to be announced by the managers, by posting up of a notice at the exchange, or, where none exists, at the debtor's place of residence or that where the office of the partnership is established, at the vestry hall. 915.　Surcease of payment, can be granted by the High Council for the time it shall deem necessary, provided it do not exceed twelve months. It begins on the day on which the provisional surcease has been granted, or, when this has not. taken place, — on the day on which the definitive surcease has been adjudged. The surcease cannot be prolonged, except for urgent reasons, and consequent on a new and full investigation as prescribed by this chapter. 916.　As soon as the appointment of the managers alluded to in the 908th article has been announced, the debtor is unqualified to alienate, pawn or encumber his personal or real estate, to receive or pay money, or perform any act of administration without their cooperation, authority or assistance. 917.　The payment of debts existing at the moment the surcease is asked, cannot take place otherwise, during the same, than to all the creditors in proportion to their claims, saving the stipulations of the 920th article. 918.　During the course of the provisional or of the definitive surcease, the debtor cannot be constrained to the payment of his debts; all executions begun, even that of personal constraint not yet proceeded with, are stopped. Attachments previously laid on the person or goods of the petitioner, remain in force, without prejudice to his capability to require, — by authority, or with the assistance of the managers and when this may promote the interest of the creditors, — to be released from either, against satisfactory security for the full payment of what is due in the event that full payment should be made to all the other creditors, after expiration of the surcease. 919.　The surcease does not interrupt actions already begun, nor prevents the engaging in new ones. If nevertheless the actions solely concern the claim for payment of a debt acknowledged by the debtor, and the plaintiff does not stand in need of a judgment, to enforce rights against a third party, the [judge can, after having granted an act to testify the acknowledgement of debt, defer the making up of the judgment, during the course of the surcease. 920.　The surcease does not affect, or apply to: 1°. The collecting of government or communal taxes, or dike- and polder-dues; 2°. Mortgage, pledge, reclamation and other material rights; 3°. Maintenance, or supply of the necessaries of life; 4°. House-or farm-rents; 5°. Wages of domestic servants, workmen and other servants; 6°. Debts for necessaries for the habitual maintenance of the debtor and his household, supplied during sis months before the surcease. 921.　The surcease does not operate in favour of jointdebtors, nor of sureties who have desisted from the privilege of expropriation. 922.　The High Council can revoke the surcease at the request of one or more creditors, and after hearing or regularly summoning the debtor and managers, in case it appears that the debtor renders himself guilty of bad faith in the course thereof, and endeavours to injure his creditors. Similar revocation can also take place at the request of the managers, and after hearing or regularly summoning the debtor, when it appears that, even without the debtor's fault, the estate has gone back so much during the surcease, that the assets have become insufficient for the full payment of the debts. The revocation of a granted surcease, is made known by the High Council to the Arrondissement Court, in the manner defined by the last paragraph of the 914th article, and the like announcement enjoined. Final stipulation. 923.　If within the time of one month either after refusal of the surcease, after its revocation, or after expiration of the term for which it was granted, the state of bankruptcy of the debtor commences in accordance with the 769th article and the first chapter of this book, the terms mentioned in the 773rd, 774th, 775th and 776th articles, are considered to have begun to run from the day on which the petition to the Arrondissement Court, prescribed by the 902nd article, has been presented.