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2057. When a mate or seaman is wrongfully discharged, or is driven to leave the ship by the cruelty of the master on the voyage, it is then ended with respect to him, and he may thereupon recover his full wages.
2058. In case of loss or wreck of the ship, a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the ship, cargo, and stores.
2059. A certificate from the master or chief surviving officer of a ship, to the effect that a seaman exerted himself to the utmost to save the ship, cargo, and stores, is presumptive evidence of the fact.
2060. Where a mate or seaman is prevented from rendering service by illness or injury, incurred without his fault in the discharge of his duty on the voyage, or by being wrongfully discharged, or by a capture of the ship, he is entitled to wages notwithstanding; but in case of a capture, a ratable deduction for salvage is to be made.
2061. If a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, must be borne by the ship till the close of the voyage.
2062. If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage.
2063. Desertion of the ship without cause, or a justifiable discharge by the master during the voyage, for misconduct, or a theft of any part of the cargo or appurtenances of the ship, or a willful injury thereto or to the ship, forfeits all wages due for the voyage to a mate or seaman thus in fault.
2064. A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master.
2066. The shipment of officers and seamen, and their rights and duties, are further regulated by acts of Congress.
Ships' Managers. Section
Section 2070. Manager, what.
2072. Compensation. 2071. Duties of manager.
2070. The general agent for the owners, in respect to the care of a ship and freight, is called the manager. If he is a part owner, he is also called the managing owner.
2071. Unless otherwise directed, it is the duty of the manager of a ship to provide for the complete seaworthiness of a ship; to take care of it in port; to see that it is provided with necessary papers, with a proper master, mate, and crew, and supplies of provisions and stores.
2072. A managing owner is presumed to have no right to compensation for his own services.
Service Without Employment. Section
Section 2078. Voluntary interference 2079. Salvage.
2078. One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession for the purpose of rendering a service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.
2079. Any person, other than the master, mate, or a seaman thereof, who rescues a ship, her appurtenances or cargo, from danger, is entitled to a reasonable compensation therefor, to be paid out of the property saved. He has a lien for such claim, which is regulated by the title on liens; but no claim for salvage, as such, can accrue against any vessel, or her freight, or cargo, in favor of the owners, officers, or crew of another vessel belonging to the same owners; but the actual cost at the time of the services rendered by one such vessel to another, when in distress, are [is] payable through a general average contribution on the property saved. 1873—247.
II. Carriage of Persons.
Carriage in General. Section
Section 2085. Contract of carriage. 2089. Obligations gratuitous 2086. Different kinds carriers.
carriers. 2087. Marine and inland carriers. 2090. Obligations same, begun to 2088. Carriers by sea.
carry. 2085. The contract of carriage is a contract for the conveyance of property, persons, or messages, from one place to another.
2086. Carriage is either:
2087. Carriers upon the ocean and upon arms of the sea are marine carriers. All others are inland carriers.
2088. Rights and duties peculiar to carriers by sea are defined by acts of Congress.
employees without reward, except so far as is otherwise provided by this title.
2090. A carrier without reward, who has begun to perform his undertaking, must complete it in like manner as if he had received a reward, unless he restores the person or thing carried to as favorable a position as before he commenced the carriage,
Carriage of Persons. Article I. Gratuitous Carriage of Persons.
II. Carriage for Reward.
2096. A carrier of persons without reward must use ordinary care and diligence for their safe carriage.
Carriage for Reward. Section
Section 2100. General duties of carrier. 2103. Treatment of passengers. 2101. Vehicles.
2104. Rate of speed, delays. 2102. Not to overload.
2100. A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.
2101. A carrier of persons for reward is bound to provide vehicles safe and fit for the purposes to which they are put, and is not excused for default in this respect by any degree of care.
2102. A carrier of persons for reward must not overcrowd or overload his vehicle.
2103. A carrier of persons for reward must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility, and give them a reasonable degree of attention.
2104. A carrier of persons for reward must travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route.
Carriage of Property.
II. Obligations of the Carrier.
General Definitions. Section 2110. Freight consignor, etc.
2110. Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee.
Obligations of the Carrier.
Section 2114. Care and diligence required. 2119. Place of delivery. 2115. To obey directions.
2120. Notice, freight undelivered. 2116. Conflict of orders.
2121. Consignee refusing accept2117. Stowage, deviation, etc.
ance. 2118. Delivery of freight.
2114. A carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties. A carrier without reward must use at least slight care and diligence.
2115. A carrier must comply with the directions of the consignor or consignee to the same extent that an employee is bound to comply with those of his employer.
2116. When the directions of a consignor and consignee are conflicting, the carrier must comply with those of the consignor in respect to all matters except the delivery of the freight, as to which he must comply with the directions of the consignee, unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with his own.
2117. A marine carrier must not stow freight upon deck during the voyage, except where it is usual to do so, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary
act which would avoid an insurance in the usual form upon the freight.
2118. A carrier of property must deliver it to the consignee, at the place to which it is addressed, in the manner usual at that place.
2119. If there is no usage to the contrary at the place of delivery, freight must be delivered as follows:
1. If carried upon a railway owned or managed by the carrier, it may be delivered at the station nearest to the place to which it is addressed;
2. If carried by sea from a foreign country, it may be delivered at the wharf where the ship moors, within a reasonable distance from the place of address; or, if there is no wharf, on board a lighter alongside the ship; or,
3. In other cases, it must be delivered to the consignee or his agent, personally, if either can, with reasonable diligence, be found.
2120. If, for any reason, a carrier does not deliver freight to the cosignee or his agent personally, he must give notice to the consignee of its arrival, and keep the same in safety, upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it. If the place of residence or business of the consignee be unknown to the carrier, he may give the notice by letter dropped in the nearest postoffice. 1873–247.
2121. If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his obligation to deliver, or duly offered to fulfill the same, the carrier may exonerate himself from further liability by placing the freight in a suitable warehouse, on storage, on account of the consignee, and giving notice thereof to him.—1873—248.
UNIFORM BILLS OF LADING Article III of Chapter III of Title VII of Part IV of Division III of the Civil Code is hereby REPEALED; provided, however, that nothing contained herein shall be construed as limiting in any way the powers of the Railroad Commission under the Public Utilities Act, or any re-enactment, revision or amendment thereof.
A new article is hereby added to the Civil Code to be numbered Article III, Chapter III, Title VII, of Part IV, of Division III
Bills of Lading.
Subdivision I. Issue of Bills of Lading.
II. Obligation and Rights of Carriers Upon Their Bills