Maritime Code

SOMALI GOVERNMENT 0 MARITIME CODE SOMALI GOVERNMENT MARITIME COD E TABLE- OF C 0 Preliminary pr ovd.adons . art. 1 - 3 ., :8'0 0 K I. 1\DMINISTR.:'Js':'IVi.:' C;WANIZATION or NAVIGATION-- ....... ... ~. -"' .... CHliPT.:c~R I CHllPT:E'R II CHAPT~~R III , CHAPTER IV CHAPT:E~R V CHAPTER VI CH.A:I?TFR VII CHAPTER VIII ~:1critim.6 de ms sns ••••• •-.' . AdministrativE activity.police, and services in ports . WInri time personnel •••••.•••••••••• Administrative organization of ve ssels . Ma r i time. pol iCE . Health Control Service ..•••••••••• S68 fishins ' . BOO K II. It 11 - 24 It 25 34 " 3:5 - 38 It 39 - 50: II 51 - 60 " 61 - 65 If 66 .... 72 Ownership of the vessel •••••••••• art.CHAPTER I CHAPTER II CHAPTE.'R I I I CHAPTER IV OWNERSHIP .AND FITTING OF VESSELS Ope ratDr ~ .. ~ . MClster l:;nd crew ••••••••••••••••• 0 Employment contracts ••.•.•••••••• BOO KIll " If 73 - 77 78 - 91 92 - ~ 99 - no OBLIGATIONS RELATING TO THE OPERATION OF~VESSELS Hire of the vessel ""re" '.' ~cHAPTER' I "OHAI'!ER II Affreishtment •.•-. ~•.~.-."".'••' •••• \e . art. ±11-115 .11 116-122 II CH.A.~ER III CH.AP~ER IV CHAPTER V CHAPTER VI CHAPTER VII CHAPTER VIII CHAPTER IX CHAPTER X CHAPTER XI Carria~6 of pGrson~ ••••• ~ •••••• Carr iageof goods •.••••••••••••• Bill of Lading ••••.•••••.••••••• Contribution to gen6ra~ averages Responsibility for collisson of vessels ••••.......••••...•••• Assistance and salvage •.•..••••• SalvaGe and finding of sea-wrecks Privileges •..•••••...••••••••••• r1!ortgage ••.•.••••••••••••••••••• BOO K IV PROCEDURAL PROVISIONS II " It " It II " II 123-126 127-136 137-140 141-144 145-149 150-154 155-161 162-169 170-173 In~uiries and lawsuits for mari time accidents ••••••••••••••••.•...AXt. CHAPTER I CHAPTER. II Labour disputes ................ " 174-177 ~78 CHAPTER III Enforcement and other Court~ ordered steps •.••• ~ •••••••••••• BOO K V MARITIME CRD.mS. " 179-186 CHAPTER I Crimes against the ship's end navigation p0-1Lee- . , •••••••••••• art. 11;7'-190 CHAPTER II CHAPTER III CHAPTER IV CHAPTER V Crimes a§3inst ship's authorities or against Consular Authorities •• Crimes against the safety of . navigation .•••••••••.••••••••• ~ ••• Crimes a8r.inst pub1io faith •.•••• Crimes ag.sinst the ownership of the v6ssel or cargo •••••.•••••••• u It It " 191-195 196-199 200-204 205-209 III CHAPTER VI Crimes against persons ........ nrt. 210 - 214 CHAPTER VII - Infringement of the provisions Governing the maritime demesne " 2-15 - 217 CHAPTER VIII - Infr in.:;e me nt of the provisions governing police, port services, and ports of call 11 218 - 219••• CH.APTER IX Infringe me n t of the provisions governing the em.ployment of ·sea-faring people " 220............. CHAPTER X Tnfr Lnje me nt of the provisions governing the ownership of the vEssel " 221 - 222........................ CHAPTER XI Infr inge me nt of the provisions governing navigation police It 223 - 228... CHAPTER XII - Infringement of the provisions governing the safety of naviga tion " 229 - 231............... CHAPTER XIII Infringement of the provisions governinG the Health Control Service " 232 - 233............ .. . . . . . . . . . CHAPTER XIV In.fringement of the provisions governing sea-fishing " 234 - 235. -....... BOO K VI PROVISIONS GOVERNING DISCIPLINE TRANSITORY AND FINAL PROVISIONS ............... ............... It If 236 245 244 252 =0=0=0=0=0=0=0;0=0=0= =o~o=o=o=o=o=o=o=o= (LegislativE Decree of)l February 1959; n~ 1 rep.) THE ADMINISTRilfOR : By virtue of powers conferred upon him with the Presidential Decree of 9 December 1952 n. 2357; HAVING SEEN HAVING SEEN HAVING SEEN HAVING CONSULTED WITH ON THE PROPOSAL the L3'."1 of 7 May 1956 n , 1 "Establishment of the Government of Somoliland lt ; the Law of 27 Dece~ber 1957 n. 19 which delega+68 to the Government o~ Somaliland the power to enact, among oth eJ:'s , the IlIaI'i time Code; ·'~~1.G c~ciinj.. t:Lve text of the Mari tiJD.e Code of SCiQ18l:i..1.9~1.cJ. elaborated by the Committee r e f s r r e d -1;0 sub. Administrative Decree ,,,-' .:..~ M::Hch ],957 no 96; the CO,·'tE LI.. of Ministe rs; of the Tii:i.J:i:1.3tr:::r. of Economic Affai.rs , DECHIDES Ar t i.c Le 1 The text of the Maritime Code attached herewith is approv ed and shall enter into for ce 0':'1. the 1st of April 1959. Articls 2 A copy of th-2 text of the "SIaritime Code signed by the Administrator of So.naLi Land arid co un t er signed by the Prime 'Minister, by the Minister of Just:i.. c e and Pardon, and by the Minister of Economic Affair;} sb311 SErve as original copy and shall be deposited with and kepc at the Ministry of Justice and Pardon. Article 3 The Maritime Code, published in the Official Bulletin of Somaliland, shall be forwarded to the Regions, District Com missariats, and District Delegations as well as to all Municipa lities to be kept there and posted for six consecutivE days, for fiVE hours each day, so that all concerned can take. cognizance thereof. Mogadiscio, February 21, 1959 THE ADMINIST&~TOR Abdullahi Issa Mohamud Abdullahi Issa Mohamud Hagi Farah Ali Omar Signed by Mario Di Stefano Sealed and Registered, R~g. n. 15, sheet n. 199 Mogadiscio, March 31, 1959 SPADARO I ,. MAllITII':1E COD E PRELItiINARY PROVISIONS Article 1 Territorial S~a The sovereignty of the T6rritory 6obrac€8 the zone of the :3 en to the; dif~ t~(nc e of six nauti cal miles along the continental and insular coasts. The above distance is neasured from th€ coastline marked by the low tide. The different provisions which night be established by laws, regulations, or international agreements fordefinita purposes are hereby excluded. A:rticle 2 Enforcement of the law of the Territory and of the national law of the vessel SOJJ.ali vessels sailing at sea, in .J. zone or space not SUbject to the sovereignty of any State are considered as Somali Territory. Within the Li.mi.ts of the territorial sea (see Art. 1), acts a~d facts performed on board any ves sel and relating to pena1 1 police, health, and public security laws are governed by the Law of the Territory. The na t LonaL Law of the vessel, instead, governs: owner ship; joint-ownership; gu~rantee rights and forns of publicity; shipowner's responsibiiity for obligations undertaken; powers, duties; and attributions of the ship's Master; employ8ent, hire, af"freightment 1 c.nd caz-rLage contracts; contribution to general averages; obligations COIll1€cted with collision between vessels out of the territorial waters, unless the jUdicial authority of the Territory is resorted to; obliga~ionG arising out of assistance, sa~vage, and rescue. 2 Article 3 Juri~dictional competence Action3 regarding collision of vessels, ~ssist~ce, sal vage ~ rascue at sea can be brought before the courts of the Territory if the vessel which caused the collision or which has been assisted or salvaged, or the persons or the properties saved or rescued find themselves in the Ter ritory. BOOK I ADMINISTRATIVE ORG~NIZATION OF NAVIGATION CHAPTER I ADMINISTlli~TIVE BODIES OF NAVIGATION Article 4 Competent l~nister The administration of Merchant ~narine is headed by the Minister of Econo~ic Affairs. Article 5 Administration of the littoral To tha effects of the mari tine adnlinistraticn, the littoral Of the Territory constitutes a single Maritime Zone, with Mogadiscio as principal town, the office of which is known as the Port Captain's Office of Moa8.iiiscio. The ~ritime,Zone includes the Maritixe Boards of Chi simaio, with territorial linits from Ras Chiacbona to El Gaschera exc.Luded ; of Merca, with territOI'ial licits froE. El Gasche~a to Danane excluded; of Bosaso,' with territorial limits from.; Eil ·toBender Ziada; and the S:3a-Shore Delega tions of Brave ,'. Ita-la, Obbia"Eil" Bender;3eilo., Hafun, Bargal, Alula, Habo , Bender Merhagno , /and ",Candala • 3 The duties pertaining to the nhritime Board for the tract of littoral from Danane to Eil excluded are performed directly by the Port Captain's Office of Mogadiscio. Article 6 ~ine of~endenc e of adIJ.~ni ~E.J.tive Maritime Boards The Port Capt~in's Office of Mogadiscio operates under the ~linistry of Econonric Affairs. The nfuritioe Boards and the Central Maritime Lighthouse and Signalling Office operate under the Port Captain's Office of Mogadiscio. Sea-Shore Delegations and District Maritime Lighthouse and Signalling Services operate under the Maritime Boards. Article 7 Pers onr.:.~l: ,,9!~!.~~r~:hi~.}n~=~~8?-nJ..§trati on As a rule, personnel of the Port Captain's Office of Mogadiscio and of dependent Boards and Services is taken from the Roll of Maritime Services. Article 8 Attributions of Harbour Masters .~............""""".- -,~- ..,..;,.;.-.-~ ...-- ..':,:.--~-, The Head of the I&lri~ime Zone, the Hea1 of the Thfuritime Bo~rd, and the Sea-Shore Delegate are Harbour Masters in ports in which they have their office. Over and above the att:... ibutions set f'o.r t h in the present Coda ani the Regulation, Harbour If.lasters ex.sr-ca a e , wi thin the limits of their respecti ve jurisdiction:;>, all the adminis trative attributions relatin6 to sailing anti traffic which are not specifical~y conferred on other authorities. 4 .~ • ,'l " ~, -'-, , hni 1 1Harbour Musters pr ova c s -3•.J..30 rOT l:1l8 "Gee a ca emp oy ment of agents of the Police Corps as~igned to the port in connection with th6 safeguard and safety of persons, preservation of works} embar-k.Lng and landing of passengers, go~dfLandJ1J.lJ.a$tJ and, in general., supervision of the maritime service. Harbour Masters Harbour 1fusters can replace foreign Consular Authorities as regards both the v i.c«,.. ::".g of . '() ship IS docuoente and the possible assistance to f or(~'~:"G:l mc r chan t vessels t in case there is no Consular Authority 2nd u~o~ express request of the 3hip 1 s Master. .LlrticJ.e 10 .......--'c - ~,·....".,..,="-'-, ,...-c'C... '.....1I Supervisi f )l1. of 3h.ipping and national traffic abroad is exercised by Corrsu.Laz- Al..lthoritieso Article 11 ~~"-' ...-." ... "". and us e o·e the mari time T~e naritime demesne; 2..tl'.lL'.d.eG ~ bea ciie s , shore, ports, bays, inle-r.s, mouths 0:': ri~J~:r8 flowing into the sea, basins of salt or saltish water v(J ich d'i.r e c t.Ly c onmund.cate with the e ea , also is not regul~:lr~l~,......... .....v· BU11d~.t.1gs and other WO) ,1,;':8 belonging to the AdBinistra tion, 5 eXi~ti'rii within the limi,~so~i;~hemaritimedemesne and of the te'rritorial ~eaJarecd.nSid~:r€d.as.pertin9ncies of the same dams sne. " The maritime, ad.ministi:ationI'~gu+atestheuse of the maritime' demesne and exercises;poliqing'on the same. , . " Article',l2 Zone oftfs mS'ritimedemesne The'shore shallinclu.de that portion of the coast-line ex t6ndingasfarasthehighJ~tV'(<irtermark at high tide:. TheeitensionoftHeshore. shall be determinEd by the tlL9ritimeiofficeson \t~e 'bas~s;9.f'ascertainmentscarried out 10ca1 lyand ?of".th6·testimoi'ly·;OfH~lde~peI'Sons.whovarefamiliar wi.th t h.~ place. The',b6~ch;shall.";friClude'the landrtElxt to 'the shore, which can. be-' des-uinedfor-tpe;,'pubJ.ic/"use,ofithe"sea. Where the axtenaxn of the oeachisnot;·'c1s,.t,e,rmi.nE?d"by thequbsequent articles,it shall, exteriii C3:sfar:as~th6nearestlal'l.d,plJ.b1iclyor,'priva telyowned. ,Ax t:i.61e<13 ,Delim:i.tation b:f~bh.~s6:tthe'maritimedeme sne '" TIle del.imi tation< 8P?~pecit'ic zones of the maritime demesne with respect,tOPllPlic,Pfi:Pcriya;te 'property referr,ed to sub. Article 12,third paragr'ap.h.,': is' effected by the Head of the M~r.tiIJl6 .' Zone:, any time' n€Cess8:ry:' or',de 6 mBd .a <ivisa bl9 . , D~li aiitat:i,0ll, howeve li,,'ic?n'~$ ?xpquest~d,also/bytheneighbour ing proprietprs oonc€fn~~,~Preliril~n~ry,delitnitations,following authorizat~O.byt.p.6,Mil'iif3t~irAo~'~oOnOmiC.'Aftairs,... .ar s effected by:theliead' OZ:th6Maii-ti.gl~,~6i1~.: lltsputes ,arising in' the 9ou:r s e t f ',' o.elimitation.,ar~2'.dp*ideq.,in ..an:s9minis tra "liiV6:way Qy,,:th.e.,?l~nia~·r of'Econ9m1~,'''Aff8ir8:in'agreement,with the TvIiniste I' of: Financi~l·Affa:ix's~iln·~;i~pu,tes -be:for e, j ur isdicti onaJ. A,(l~horitiest,,/p+,ot6ctiorr.6f:6s'~ates,per:taining: to, tile demesne 6 is of the sole c ompe t eno e of the fiIinistel" of Financial .!:f fairs. Decree of delimitation The de La.nritati on of the lllClri tim.e defile s n e is provided for by decree of the Ninister of Economic Affairs. Whoever h8.5 not put;: crwar-d OJ.1.Y claim. before the Ad ministration Within 180 days froD the notice and publication of the ~linister's decree, CQllllOt dG2~nd that delimitation be revoked or ch3.nGed. If so, tl;J~ .;:l':;';c.l:!.nistration can accept his claim and pay an inder~ity cor~Gspon~.ng to the fair price of the property or of hie; ri.'~)..;.-:.::: y tCi;jG es ti.na t ed exclusively on the basis of" their c ond i. tion r~c i.o:.' to tllG delimitation decree. destination ()f mari~i.g.e~l:~q§ ~~-2:l3.z~~6s to o~l~g E-l..P1.~,~. ~1.E~~ The exclusion f r om the .i:i.1aritime 'i-SDGSne of z ones which cannot be L:l.Sed for pUblic sea uses and the tcm~or~ry destina tion of parts of the maritiB6 deE6sns to other public uses a.re provid~d for by decree of the liinister' of Economic Affairs in agreement with the Minister of lilil1.'3..ncial Affairs. Article 16 Prohihit i on of oq,~upa~:t,i~l1: g~:f.~Q!, .il:~n? ·Ta~i~ :J:, ££LJ?£2..Eerties of the rg..arl-~~j..ill~~ .9-,~.r:-l~1?.1-]L£~ 0.1..~tJ:1e territorial sea ~.-'-""""...j.........""' ...,;.;.o.,, ....,., ...""=="' ...~..:....;.oO',~ Unauthorized occupation of and innnvai:ion on properties0: the maritime demeane, their p ert i.nenc r.e a 1 and the terri to r1al sea are prohibited. 7 The HQrbour ~~ster is responsible for ordering to the infrirg;r to restore the:: properties to their former condition within the time establishe.d and, in case of non~compliance, for effecting th8 same at the expense of the person concerned, af t e r authorization of the clinister of Econom.ic Affairs, save for penal action against the. infringer. Article 17 Conce.ssion of demesne properties and extraction and other f:13,terials The ?12titime Adsinistration, consistently with the needs connected with public use 1 can grant the occupation and use, also exclusive of properties of the. maritime demesne or zones of the territorial sea fora definite pernd of time. Concessions the duration of which exceeds two years, those not exceeding two years but involving installations which are dU'ficult to remove, as well as those for which, in consider ation of the object and purpose of the concession, the Adminis tration assumes special obligations before the consessionaire, are granted upon decree of the ~linister of Economic Affairs. Other concessions, incl~ding those relating to the extrac~ tion and gathering of stones and other materials, are granted Upon a license issued by the Eead of the I't1aritime Zones. In case various concessions requests are submitted, preference is given to the person who offers greater guarantees of profitable utilization of the concession and intends to avail himself of it for an use Which, in the judgment of the Administration, is consistent with a more relevant public in terest. When the above reasons of preference do·not exist, preference is given to the preceding concessionaire. Article 18· Concession rent In return for occupation and use of demesnial properties, the concessionaire,must pay the' administration a rent, the c:.unountof . which 'is established in the act ·of concession. 8 During the period of validity of the concession, the rent oan be adequately reduced' only in case of partial revocation of the concession, or when the utilization of the latter is partially limited by natural causes which modify the property c onced ed . The obligation to' pay the rent ceases with the expiration of the concession, or upon renounciation of the concessionaire to the property conceded, or for total failure of utilization owed to natural causes of utilization of the concession, for total revocation and, save for the current year, far cancellation,of the concessionaire. As regards concessions for charity or other purposes of public interest, rents are fixed for the simple recognition of the demesnial nature of the properties conceded. :Arti~le 19 Revocation of the concession ~-,".. -.~. ~.~" .,---.;.,;;;...~ Allor part of any concession can be revoked for specific reasons connected vlith the public use of the s ea or for other reasons of pub.li.c :',nterest, at the discretional judgment of the Maritime Adrrinistration. Revocation '~s decided by the Authority which has granted the concession. Unless othfrNise,provided, in the case of concessions which inVolved f~.xed i~5tallations, the Maritime A{~inistration is obliged to P[~Y an j"-1.demnity equivalent to the :~eimburse­ ment of as many rjuo ta p:::',rts of the cost of the installations as the 1- emaining years up to expiration. In any case this indemnity shall not exceed the value of the installat:Lons at the time of revocation. In case o~ partia: revocation, the concessionaire can renounce to the 'c oric es s i.on by notifying his decisi on to -the granting Authority within the term of 60 days from the order of revocation. :3 . Article 20 Cancellation of the concession The Maritime Administration can declare the c~ncellation of the concessionaire: a) for non performance of the works ordered in the conces sion act, or for failure to begin management within the term granted; b) for failure to use the concession continually during the period fixed to this effect in the concession act, or for bad use; c) for substantial unauthorized change of the purpose for which the concession has been granted; d) for non payment of the rent for the number of installments established to this effect in the concession act; e) for abusive substi~ution to other persons in the use of the concession; f) for non compl~ance of the obligations deriving from the concession or prGscribed by the provisions of laws or regulations. In the cases sub. a) and b) the Administration can grant a delay to the concessionaire. Before declaring cancellation, the Administration fixes a date wit..lin which the person concerned ban present his defence. Cancellation is provided for by the granting Authority. The concessionaire '1.1'1.0 lost ·the concession is not entitled to reimbursement either for works effected or for expenses borne. Article 21 Mort&aga on works built on demesnial properties and sUbrog~ti9nin the concession When the concessionaire intends to constitute a mortgage on works built by him on denosnial properties, and substitute other persons in the use of concession, he must request autho rization to the granting Authority. In case of saIe or eni or cement ,:the pur chas er or the. assignee of the works or installations built by the conces sionaire on demesnial properties Canllot succeed in the conces sion without being authorized by the granting Authority. In C~5e of death of the concession~ire7 heirs succeed in the concession but mmst request its con~irill3.tion within six ilionths und er pain of caric ella tion of t.h e ir 1"ight . Provisions regarding revocation are applicable if the Administration does not consider it advisable to confirm the concession for reaSOnS relating to the technical ability and financial standing of heirs. Article 22 .-- . ,.:, ... - .•u::o .....- -....... Devolution of fixed works .---,. .. ':''-- ..... .- --- -,'.. ...-- - .--- '-'.'- ""'--.""" When the c onc es n.iona.iz-s is declared crrnc eLl.ed and unless otherwis e es tablishe'} in the c onc es s i, on a c t , at the expiry of the conr.o~s10n, fixed works built on.the demesnial zone become owned by the P.ili~inistrationwithout indemnity or reimburs ment; the grantin;s I.nthority, however, can order their demoli tion to restore th '; pr.op ert i e s to their f cr-mer condition, at the concessionaire's expense. Article': ":{ ....... , .-..'., .. ...... ' •...-- .... ... .rr;!. Rul~.~fj,.2;:~~~!. i ng t.h s...~S::- ~ .. "9..~.~~g ~":?.§,~.£t?-lJroperties In places 'Jne.re it is recognized advisable, t~e Haroour Master regul~tes, in agreement with the Custom Authority, the destination and i.s e of areas and pertinencies of the demesne for loading, unl.oadi.ng , and tEmporary stay of goods or rnaterials for a period of ~iDe exceeding that necessary for ordin~ry .port operations, The Cus tiorr.s li.ut~lority i~;, r-es p cns i b.I.e for 8rantint?; the single au.thorization arid fi~{:'31[; stay duties. Installation and 1IL3.nage.Gl.·2n~ for factories and storage ----..- .. -.c-a.: .. ::J"' "- . ~ --....::.1·.···-~.- . · " .~ ..~•..-- ~ Concess.:Lons for tb.e inst 3.llation and management of factories and coastal st'orage of flammable products, located also only in part wi thin the limi ts of the mari tire. demane or t~e. ter ritorial sea, are granted in accordance wlth the provls~ons of the present chapter upon decree of the Ministry of Economic Affairs, after hearing the Council of 'Ministers. Concessions for stations reLated by-products as well as mabie products with a capacity (20 cu.m.) are granted by the selling fuel, mineral oil and for coastal storage of flam not 8xceeding 105.94 cu.ft. lfinister of Economic Affairs. Installation and [jZnagement of factories, storage, and stations referred to above are SUbject to the special provis ions of the Regulation. CHAPTI::::t III ADMINISTRATIVE ACTIVITY, POLICE, AND SERVICE IN PORTS Article 25 RulE, s gover':'1in,.g s..h;ip movements an~ maneUVl'ea, and por,t activities The Harbour Thfuster regulates and superintends the entry and leaVing, shifting, anchorage, and mooring of :vessels, use of bUOys in ports, loading, unloading and storing of ~OOd5, embarking 'and landing of pnssengers» operations of the mari time lighthouse and signalling serVice, fire and measures against fire, taking any step in connection with security and police of port and adjacent areas, with the power of ordering the mooring, unmooring and any othGr manauvre of vessels with in the port; the same Authority can carry out itself, in case of need, the maneuvres ordered, at the expense of the vessels concerned •. l2 Article 26 Renoval of s~bmerged materials and vessels In case of E:ub.mersion of goods or other materials in ports, the persons concerned Bust provide for their immediate removal. Should they fc::..il to fulfil "this obligation causing, in the judgement of the Head of the T&iritim8 Zone, danger or hindrance to navigation, the latter authority will order that removal be c~rried out. In caGe of submersion of vessels in ports or any place of the territorial sea in which, in the judgement'of the Head of the Maritime Zone, a dQnger or hind.r8.nce for navigation can arise, the latter autho~ity orders the owner to remove the wreck, fixin~ a date for psrfornmnce, after hearing the Department of Public Works and the Maritime Teclulical Office. Should the owner fail to c ompLy wi t~.l tl':l.is order, the abov s Authority will order that removal be carried out. The Minister of Economic Affairs ··decides on removals, procedures for thsir carrying out and the possible sale on behalf of the Admi.n.i.e hr-a tion of materials and wrecks salvaged" as well as on the amount of reimbursement of expenses due to the Administration by owners Who, in case of submerged ves sels ,not exceeding 300 GRT, are obliged to the payment of removal only within the value of the wrecks salvaged. Article 27 Assistah~~o vessels in danger The Harbour Maste r, if awar-e of a ve s s 81 being in danger or of a shipwreck or other accident must immEdiately provide for assistance, and, if it has unavailc..ble and cannot find the necessary mEans, inform authorities who are in condition to effectivBly intervene. When the ~britime Author i ty canno t .Lnt G~C'vene in time, the first necessary s t eps are made by <:.:tly other government authority on the place. In order to provide assistance, t,~e mar-at i.ms authority or, in default, any othe r governmen t aush or-L ty on the place, :can order that vesselsi.l1 the port or in its :ne~ghbourhood be ~ut at thei~ dispos~l together with their crews. IndGonities ~nd r~~ards for assistance 'giv6~ by these ves sels ar-e 6stablishe~ and. paid according to t hc provisions p-overning ~5sistan0€ ~~d salvage. =:> ..lctivi ties carried out bjT anyone Ln :P01~ts or, generrllly, within the 'liD~.ts of' the m-..:r-i time d emes ne are s ub ] ect to the supervisi on. of the ~ri.tiI..lG ·~1J.thoritj-. In.caseof disordsrs in ports or on vessel staying therein, the W3ritioe authority, when infor8€d; p~ovide5 to re-establish the order r eque s ting,. j.f ne cea saz-y , the c ocpe rati on of ' police. A~~ti.E..~~,.-?,~ :12El:l~ e & t 0 "':'Y.;-<?F1:;;~" ..~~:~ ,"9.~~§,Z~'pg.~.~ . 9X 9=~!-it i1!le installations If damages nre c~u~ed to ~oTks or port or ~~ritim6 installations ~he maritimG ~uthcrity; after ascertaining their ex'terrt through technical boda es , ol~ders' the responsible person to carry out, wi thin a determined. date, the necessary "r epa.ir e , In case of urgency or in case of non-perforDance on the part of responsible persons, the Iilllritim€ Authority carries out itself these repairs ~hich are deciied by the Minister oM EconoriC lctfairs. When the time authority for payment of above dq~ages are c3LDed by a vessel, the oari ,Ij1ust request thG deposit of a SULl as ~uarantee €x~enses borne to c~rry out the repairs. 'A~-\rv Article 30 Fishing, use of explosives, and lig~ting of fires in ports In ports and other places of call or passage of ships, fishing, deflagration of explosive substances, as well as lighting of li&hts or fires which are likely to trouble the si~kalling service, are SUbject to the autllorization of the maritime authority, at its judgement. Article 31 Personnel not qualified for pilotage Sea-faring people and fishers required to furnish assist ance ir guiding a v~ssel to anchorage or in a given difficult passage, can take up the job provided that as· soon as they are on board state their quality and declare that they are not qualified for pilotage; they are liable for damages suffered by the vessel only when it is proved that such damages derive from wrong information and indications given by them to determine the route. Article 32 Port labour Port labourers are people with any position in charge of loading, .unloading, stowing, unstowing, transhipment, treight handling on quays and in warehouses, shifting of goods and .persons in general, as well as compleoentary operations involving person al work or use of floating or land transportation means, mechanic al equipment or impleoents. Article 33 Harbour contracting work The carrying out of port operations on behalf of third parties by business enterprises or indiViduals, is SUbject to concession upon decree of the Minister of Economic Affairs. Conce~sions can be granted to port labourers cooperatives. Tariffs for porto:i.JGr::~t i.ons are established in accordance with the terms provided for in the concession regulations. Article 34 Port l'J.bour councils If oonsidered advis~ble,Port Labour Councils can be set up in port~ upon decree of the Minister of Economic Affairs. These COQnoil assist the r~rbour Master on port labour matters. CHAPTER IV LI:iRITIt.1E PERSONNEL Article 35 Gea-:f::1.ring people and persollllel employed in IJari time activities ~orts 1\'.:.ari time personnel, il1Tel"1tion to thG .vork perform.ed, inclu;"'i es (,J.) S 8a-faring people, and (b) p cz-ao.ane L employed in m~aritiroe activities of ports. The former category includes people with any rank or position WI.10 constitute the crew on sr...ips, dhows, and mechanically propel ) z.e d vc r af t. The latter cate60ry includes port labourers, boatmen, fishers, am people generally working in the maritime Lndus try. Article 36 Enrol~ent and sailing books of see-faring people Sea-faring people are enrollad in specL:l- registers held by ~he Head of the Maritime Zone. People enrolled are furnished with a sailing book, which 1 tS ~ is the only docu~Gnt qualifying for maritime activities and is valid as passport for' the period and requirements connected with the pe:!..'form.811ce of Ma r i, ti:ne a ctivi tie s 0 In order to enroll in the above registers, SEa-faring people a~6 required to : a) be Somali citizens; b) be domiciliated in the Territory; c) be at lE8st 15 years old; d) be vaccinated against smallpox; e) hav s the consent of the per son exe r cising pa ternal a uthori ty or tutelage (for minors)~ f) be declared physically fit for sailing; g) know hew to swi m BEd row, h) not to have b e ec seLt.sr:.-;ed for crimes against properties or pe cp.Ls, Lnvo.Lv i ng at least one year imprisonment; save for 1"2 h:."ji U ~::. ~:!. on .. Minors who are at least lO'years of age can be enrolled in the above registers to be employed on ships or dhown provid ed members of ·::.he.i-( :::'2t:'.2ly ar e 81;::;0 making part of the ship rs crew and on conditi~n that they take responsibility for them~ On landing from these vessels, minors are still enrolled in the above regi.8-~6J.:ts but they cannot be employed on ships or dhows uri t i.L 15 years of age, un.Le s s members of their famly to takE ·:rF~:'Qn~,i.~",oiJ.-i +.:. .iu.!.' Chl';G.J. 8re part of the crew an said vessels .. ~zticle .J7 Sea-faring people can be cancelled from the official registers for the foll.owing ;reatons a+ death of the person enrolled; b) statement of the en~olled person's intention to abandon maritime aC;l;i,,-::" ~j s s ; c) loss of Somali c i.td z ens.hd p ; d ) pe.rmanent loss of phYSi;~l fi tr.ess for sailing; e) sentencE> by irrevocable' judgeITient, for a crime fm:c whicQ the ap]licant cannot be enrolled; f) ce ssat:l. on of iJsil:i.ng for a pe r L ad of ten conse cutiV6 year's fer the 'Persons enz-oLl.e d who are in possession of profc8r:o:i('.ta: :UtJ.es., and i i.ve conSecutive years for ~7 P-srsons c.anc.e.Ll.e d from. the official register in accordance to c) and e) can reques t re-enrollment when the cau.ses which determined cancellation do not longer exist; persons cancel led in accordance to b) and f) can request re-enrollment within a pGriod of time from the day of cancellation, equal to the period of sailing previously carried out. Article 38 Professional titles of maritime personnel For sea-faring people and persons working in the maritime industry, professional titles are the follovring a) Deck service 1. Capitano di lungo corso (mDster mariner), qu.alifying for command of any type of vessel for any destination. 2. Padrone marittimo, qualifying for command of any type of vessel not exceeding 1,000 GRT; for sailing from Lourenco Marques to the Arabian coasts, in the Persian Gulf and the Red Soa, as well as for coastal sailing in the O~an Gulf, along the Indian coasts, up to Calicut. 3. Nacuda, qualifying for command of sailing vessels not exceeding 250 GRT or mechanically-propelled vessels as specified sub. 4 belloW, within the same geographic al lL.n.i ts. 4. Marinaio autorizzato al traffico, qualifying for com mand of sailing or mechanically-propelled vessels not exceeding 150 GRT for coastal sailing from Lourenco Marques up to the Arabian coasts of the Oman GUlf, in cluding'the Persio:.n Gulf but excluding the Red Sea. 5. Capobarca (head boatman), qualifying for command of sailing or mechanically-propelled vessels not ex ceeding 50 GET in the waters of the Territorial sea. b) Engine s e r-vi.c e ,......-. ~ 18 1. Cap i t ano di ",l1.r;c}:d.l1.:J. (chief engineer), qualifying f or~visIoi';:-"-'of~inarine engines of any type, installed on board vessels sailing. on any sea. 2. Wleccnnic.o naval §. (enginaer) 1 qualifying for super vision of any type of marine angine not exceeding 800 S.H.P. or 900 rated S.H.F., installed on board vessels e a iLing f r om Laurene 0 Tfurques to the Arabian coasts, in the Persian Gulf and the Red Sea as well as for coastal sailing from the Oman Gulf, along the Indian coasts, up to Calicut. 3. M2.iCLr:,~~ts-" nc.1.'l:"1.)::~ (en,-:,: ; r oom mechanic), qualifying for aup er-v.i s:'.cr of il:J'·;~2.:':-.',),al c ombus t i on engines not axc eed i.r.g 3:J'J SoE? ir.~'taJ led on board vessels sailing COQstHiss wlt~in the limits referred to above, including ths I)-;-:::c ';':1 Gnlf but excluding the Red Sea. 4. FuocJli::.s~ ~'l,, '-l~'.ct~":}:.T~~i::l..}S~ (authorized fireman), qualifYing for supervision of engines not exceeding 150 rated > S.H.P. installed on board vessels sailing ~8 per a), 4). 5. Mot.9,:r1:.~t~".~ab,t,jt.E1~~:~ quaLi.f yi.ng for supervision of internal c oribus t i on engines not exceeding 100 S.H.P. installed on board vessels sailing in the waters of the territorial sea. 1. Inge1b~r~Jl~y~~e (~~rinG engineer), qualifying for designing or supervising the construction, transforma tion or repair of any v6sseJ. 2. Cos~~u~~Q~~ n~y?±~ (shipbUilder), qualifying for designing and supervising the construction, transforma tion or repair of vessels with wooden hull of any type and tonnage, or with iron hull up to 300 GRT. 3. Ca!'J? e.~c:t<\C.r6 n:;,7a18. C'::.>l::~;>7:.:i.ght), qualifying for con structiun and r epai, t' of wooden vessels not exceeding 150 GRT. 19 CIEPTER V ~DMINISTRATIVE ORGANIZATION OF VESSELS Article 39 Ships, dhows and cr~ft The term "vessel ll includes any croft intended for sea transport, fishing, towage, or any other purpose. Vessels, depending on their technical reQuisites and Gyye of service which they are ca~16d to perform, are registered in : a) Register of ship; b) Registers of dhows; c) Registers of sea craft. The enrollment of sea craft in their appropriate registers is determined on the basis of their permanent employment in the single ports. Provisions governing ships appJ,.y also to dhows and sea craft, unless otherwise provided. Article 40 .. Admission to navigation and identification of ships, dhows and craft Vessels .enr-o I Led in regis tars held by the competent Boards and qualified in the forn envisaged in the present Code, are admitted to navigation. Besides tonnage and the place where the Enrollment Board is located, ships are identified by a name, dhows by a name and enrollment nUmber, sea craft by enrollbentnumber. Vessels bu i l t ;~'.'::lJ'Nhel~e? b810ngin[; to S01;)0.1i and foreign citizens can be enrolled in the registGrs indic3.ted sub. article 39. llle tern ;'citizens" includes corporations, business enter prises and associations of individuals!For each not register ton the owner of the vessel Dust pay: a) the duty estc:.blished by the Law , at the ti.we of enrol lraenti b) the annual tux GstCl. blisll';'c. 'OJ the law 0 The ampunt of this tax r-ena i.ns the s ame for twerlt;y- years starting from the da te of the in5. tia.: 8.c .r J] l.D."; Owners of sh: r,.~ c~""" C ,-,:~ '-.'·~i CP:'-:' uo t d omi.c.iLi.a t ed at the plac 6 of enr-o l.Lne..; I:7'1...':,:; CLppO -.; [). r-c pr-es ento. tive whos e resid ence therein const:i,t':.i.·,~·, 1., .:c-:~3 ';~L,-; .G12.ritim8 authority, their actaal domi8tls. dhvd.=: permi ts 1 sea .--'. '.'0.; '';''-,,,'',', ". : .:;t~ "'"-.... =........;"' ' Ships, dhow5~ and sea craft en~olled in registers are cleared for aa i l i.. ng 2:..~'2.d aI'S c~:.1.E',L fi6d to fly the flag of the Somali Merchant MC:'c:'ine resps::;tiv eLy by the na tionality act, pernut, and liceneeo The na t i ona.Ldty a ct i," ;e.'1'.·" 1"'/ +he Head o,p the 1I1l'~rit';ne.4...- <.-u U '........ -'- I., .~.... ~ ........... I·..J d U l..J. ~ ~ . UlGL .... Zone and contains the nC1J::18 7 -t,YT 8? O,ne3. .c.kljor characteristics, gross and net regist i3 :t' t.onnage , name and d orri.ci.Le of the owner. Dhows p errai t s and sea Cl"8;::'t l~ csnces are issred by the authori ty holding their 1~Gsr<3c~i'.""3 registers and c onta.i.n their nama , enro.l.Lraent number , L"l-,:: .'l dl;''-'',sions, gross and rie t register tonnage, .tJB,r':1P q Vlr'1 rl,~ r-~ ~.; 1 r r,';:' +h S O\VLGT, and the EnJ"ollment Bo::.rd. by a Zone a~5o In case of u::g2..~"l~J~ ths 1:1,::" :WI·..., l-','(':l act cun be substituted temporary c er t i f Lca t a iSCJJ"d by tliG Head of the rr:nri tiDe to new construction vessels, or tl.G Consular Authority, prior to enroll;-lP;ut J to ';'2","":0;8 flJing a fore~ .£:n flag. 2l This certificate is also issued to vessels whose nation ality act has been lost or destroyed. The above authorities establish the validity of the certificate in relation to the tine required to issue the nation alityact. In any case, the duration of the validity cannot exceed one year. Dhows permits and sea craft licences can, in the cases envisaged above, be substituted with a temporary permit or license respectively. The nationality act Qust be renewed when the name, tonnage or type and main characteristics of the vessels are changed. Over and above these reasons, dhows permits must be renewed in case of change of the Enrollment Board and nuober; sea craft licenses must be renewed also in case of change of the owner. Article 43 Authorization to abandon the flag The owner who intends to request cancellation of his ves sel from Somali registers in order to enroll it in registers of another State, or if he intends to sell his vessel to another person who does not ~tate that he intends to keep the vessels enrolled in Somnli registers, must state this to the Board of Enrollment if the vessel is in the Territory or to the Consular Authority if the vessel is abroad. . The Authority receiving the above statement orders the publication of the latter by affixing it in the Enrollment" Board and, if this is the case, also by publication of the Official Bulletin inviting the persons concerned to exercise their rights within 120 days (in ,?use of ships) or within 90 days (in case of dhows or sea craft), and issuing the authorization to abandon the flag. Neverthless, if wit4in the term fixed in the preceding paragraph claims are put forward, or if the existence of real or guarantee rights on the vessel is proved, the authorization can be given to the owner only after claims have been rejected by an irrevocable judgamant or if creditors "have been satisfied or the owner has complied with the provisions issued by the Maritime Authority in connection w~th crew wages and with "the " 22 t -!-I.--, ~,- -,' ,,~-.-'---. ,I- 0 '"''"'' and bv tl~~ J'·udl.' c';o.1 '\ th '-nTamounts due a 'JHG .,~.Lc,:'..~~-:"': cr a ca o: .. , '-""~ v 1';'';:;. ... "",u orl..." under request of the rno s t dilie,ent party, for the guarantee o • t Iof creditors' ln~GreS so The .Aut~lOrity delivsring the document o.u~thorizing to ab8~don the flag, withdraws the ships documents. or saI G tv 8'.11; +.i on 'c .C~",.,··-~ : "'-~~'. ,.:" '.',','. ' .........~c. --'-"" The he i r or Je}J.C ~I sr-s on r'('r<"';'r''';nr:J <:, S:oJil""l; ve s s e.L by.J........ ""' ,-".J....... J..J. c-. ~ '-,l. v ..1 .1.. -.--5 c...y U ....~..L. ,;;;t auction who does not int~r: to ksc~ the vessel enrolled in Somali registers, must fOrVVal'Q a s ta t emerrt of his will to the Enrollment Board of the vessel or, if abroad, to the Consular Authority. The Authori ty rE'.';~.; 'I'Ti.r~g '[,iJ.:i.G set forth in the second ~aragraph c tat emen t takes the steps 01 tho preceding article. As for the grc=nting of the auth'JrizGl.tion, the third and fourth paragraph of -J~hG pr ec ed i ng article shall apply. £\r t!-£'~~~-1:.2 AuthorAtLco:~1.Pet~p:~..,tC2r B.E~X~ t~ills..,..!he authorization .!.9-.2-.£a~9- 0P ~R-~E?~-f !,~~ The authorization to abandon the fJ.ag is of competence of the Minister of :Ccollomic Affairs. ·ir:o:t~ 91~ A? Voluntary denoli tion of a vs s s eL '""" u,. "... ... .,.,"'-- '.~. ~-'-"=. ~"'-...."-...:.. --::;-.~~.~-':'3' . ""=" ""'"....., •.""..~.............. The owner who intends to demolish hi::: ship) or a dhow or sea craft exceeding 50 GRT, mllst state the same and request the author ization t,) o'~he Enrollment Boarel, deliYering the ship' 5 documents. 23 The Authority publishes the stateDent according to the procedure set forth in Article 43. If, within 120 days froQ the date on which the statement was published, creditors put forward claims in this respect, or if the existence of real or guarantee rights on the vessel is proved, the authorization can be granted only after cJai..ms have been rejected by an irrevocable judgement, or after creditors have been all satisfied, or rights cancelled, or, in default, if the owner hJ.s fulfilled the provisions of the Maritim.e Authority for crew wages and for the ~llOunts due to the Ad ministration. The authorization is also granted by the judicial Author ity under request of the most diligent party in order to safeguard the creditors' interests. Nevsrthless, demolition can be fortwith authadzed when the same is necessary for serious urgency reasons. Article 41 Presumed 10s8 After four nonths from the last news, in case of mechanical ly-propelled vesseL;" or after eight months in the other cases, the vessel is pres~med to be lost on the day following that in which the last news was received. After ndequate investigations are conducted, the Enrol ~uent Board, upon expiration of ths above terms, drafts a note of presumed loss. f:,rticle 48 Cancellation of vessels from registers Vessels are cancelled frOB thE enrollment register in c<J.se of : a) Actual loss. b) Presumed loss~ c) Demolition. 24 d) AbandolliTIsnt of the flag. e) Change of enrol18ent bo~rd. Upon c~nc6llation, the Authority withdraws the ship's doc mente if it has not alre3dy done it in accordance with the preceding crticles 1 pUblishing canc8ll~tion as required. Article 49 Seaworthiness conditions and prOCedLITeS for their determination llny vessel cO~1ffiencing sailing must be seaworthy, suitably rigged and equipped, for the employment intended for. The existence of the above requisites is evidenced by suitable certificates issued by the Maritime Technical Office operating diTectly under the Ministsr of Econoo.ic Affairs, which arranges visits c~d inspections necessary to ascertain and control the"conditions of s eawor th'i.ne s e and of fitness, in view of the safeguard of human life at sea and of the security of national m.erchant vessels. CertificCltes and any other document issued by the ~mritim6 Technical Office are valid as long as the contrary is proved. Certificates issued by legally establish ed foreign agencies are just as valid as are those issued by the Maritime Technical Office. The Maritime Authority in the Territory and the Consular Authority abroad provide that the ordinary prescribed inspec tions and visits, at the expiration of the above certificates, as well as special inspections and visits, when they consider it advisable· or when averages have occurred which can lessen the eeaworthiness of the vessel or the operation of its parts, are made at the shipowner's expenses. Article 50 Ship's documents Shipts documents are : a) b) for ships : for dhows •t , nationality act, crew roll, log-book; permit and crew roll; c) for 25 license The above documents must be kept on board. The crew . roll, issue d by the Enrollmen t Board, must contain : 1. Name of ship or dhows; 2. Name of shipowner; 3. Date of fitting-out and laying~up; 4. List of crew members, ind.icating the individual Employment contract as well as the professional title, q~alification, duties on board and wages cgresd upon in the contract~ In the crew r ol.L, tl-:s :fo2.J..O'N~.:;:g data are noted : 1. Visits of the Uaritim.o: ':2chlJ.-Lcaj Offi.ce , 2. Ilayment of Maritime Ta~;:,:s and Ijo'.:tie s c 3. Visa for arrival and departure of the vessel, to be affix ed in each port by the r,Ta!'i tir.G.s OJ.' Consular Authority~ The log-book is filled in deily by the ship's Master who reports any fact relating to ea i Li.ng , money coLl.e ct ed and paid in conne ot Lon with both the vessel and cre w; fulfillment of . laws and reguiations for the security of navigation; crimes com mitted on boa=d and steps taken; any special event regardi~g the vessel, persons on board] and cargo, which happened during the voyage; Loadi.ng ar.d un..loacl:Lng 0:: goods, indicating the nature, quality and. quantity of goods 1 date and plac6 of loading and destination port, shipper's and consignee's name and the date and place of ~6-delivery. . The master reports also the hours of sailing, the number rtf revolutions per mi.nutz, conaumpt i.on , averages and repairs to the power plan"; on the advice of the Chief Engineer who fills in, daily, a report on the part of ~is cowpetence. They give evidf;nC€ al.so in ah.i powne r r s favour, ly made; in any caSE:· they gj.V€ ev.l oenc e against the but no part of t he ar t':;ontents can be L:.elcted by the ing advantage fran the same~ if· lawfuJ. shipowner party' seek 26 CllilPTER V~. Article 51 Arrival Jo.f vEssel Upon arrival of ~ ship or dhow flying the Somali flag in a port of the territory, ulso in case of voluntary or forced refuge, the Ma.ster of the ship or dhow,besides complying with health reGulations referred to sub. Chapter VII, must a) deliver to the maritiIDB authority going on board'a notice evidencing the basic data to identify the vessel, name of the Master, of the owner and of the representative, nWuber of crew members ,qlJ.<nti ty and quaLi,ty of C1:IEgo on board and of that to be un.l.cad ed , nuabez- of passengers on board and number of passengers who are landing; b) deliver the ship's documents; The log-book is vidimatecl by the m.ariti.l:l.e authority who affixes a visa after the latest report contained in the book; c) declare averages and any special event occurred during the voyage to the ship or dhow, to the cargo and the perso4S who were on board~ For ships, the maritime ,authority mentions this sta~ement and adds it to the visa affixed on the log-book; for dhows, it drafts the relative note. The s~me ~uthority, if considered advisable, starts i~­ mediate inv6Gtigations on the fact denounced drafting a separate note therEon. In foreign ports, operations referred to sub. b) and c) are carried out by the consular author i, ty or by the local authority if authorized by the laws of the country or by international agreements; otherwi9~ they ahe c~rried out in the first port of the Territory or in the first foreign port in which resides the Consular Authority~ In case the statenent of average or that relating to special events haa not already been received by the local authority, the Maater must aubma t it to the cons uta r authority Lmmedi.a t cLy after clearance for pratique. . ..'~ ?f7 .,. "- , ~ Haster rnus t f ur-n.iah the Mari tine or Consular Author i ty t.ttMBI..6i-ITl3.!tion r eque s t ed hdn on the voyage and to send to the' sam~ authority, for invGstigations that the latter nay consider a~visable, crsw 86Dbersand passengers. ~oreignships ani dhows wust ~lso produce health documents and d cc urcerrt s r or l11.dentifying the ship, and are also subject to the provisions set forth sub. a), first paraGraph, present article. !:,l...r t~~l tL 21. Dsnarture of vessels , ,......,.... ,..".......,... ;:;... -"~.-.~.""'~-- ---"'---"""'-"--"' Any ship or dhow flying the Somali flag cannot leave ports in the Territory or abroad without having obt~ined the departure visa to be affixed on the crew roll by the maritims or consular authority respectively. The visa cannot be issued when both the. sh::jpowner and the ~JIastEl.~ . have not fu.lfilled the oblig:3.tions established by the , Ih'~"'·-+~· 'I""",'~~ Pol~ee rules relating to the safety of navigation, or have not 'complied with health or customs obligations, or else have not paid maritime taxes and duties, fines, or the guarantee deposit under article 29, second p3rQgraph. The departlrre visa issued to foreign shipe or dhows is evidenced by a d epar tur-e c Le a.ranc e of the maritime .authority which can issue it only if police and customs rules have been c orap.Li.ed with and LL-:.riti.lJ.e taxes:'1.i1.d du t i es, fines, and the gua r-an t ee deposit as per .sr t i.cLs 29'J second para gr-aph , have been paid. . A!.h£b'§M'?J. Disci~linB on board . •.: , "'- '( ::.r:c::•.•~-o,,~"".~- ..---.-'~.=..~.- ,- .,.. .~l persons in any quality on board a vessel are SUbject to the Master's Authority. Crew meobers cannot land without being authorized to do eo by the Master. They must cooperate in saving the vessel, pas2engers, arid cargo un td L when the Wlaster has ordered to abandon the 28 vessel. In case of wreckage, they must give their work for salvag ing the wreck if so required imnediately after the wreckage either by the shi~~ster or by the m~~ritime or consular author ity. Article 54 COffiRlaints of crew members and nassengers Crew members can bring complaints before the maritime or consular authority against measures taken by the Master in respect of the performance of their duties. The Master cannot prevent the person who intends to make complaints from presenting before the above authorities, unless urgent service requireoentsmake their presence on board neces sary. Crew members, in number not loss than one third, can complaint against both quality and quantity of victuals. The maritime or consular authority, after ascertaining the actual situation, order, if this is the case, the shipmaster to take immediately the most adequate measures and, in case of non-compliance, they provide by office, furnishing the necessary amount by sale or pawn of rigging not indispensable for safe naVigation or, subsequently, of items loaded on the vessel, giv ing preVious notice to the shipowner and, whenever possible, to the persons having rights on the above properties. When goods are SOld, the shipowner is obliGed to indemnify their owners. Similar steps are made by the maritims and consul ar authority in case of cocplaint of-passengers. Article 52 Abusive loading of danpsrous goods When dangerous goods are clandestinely loaded on a ves sel, the Master, as soon as he has discovered this fact, must, depending on the circumstances, order that the same be unload ed or, if sailing, must render theill inoffensive or destroy 29 them if it is not possiblE to suitably held them in custody as far as thE first port. ThE lfuster must take the same measur es when goods ore loaded, the transport of which, although not forbidden by specific rules, is or becomes, during soiling, dangerous or harmful to the vessel, persons or cargo; if it is not possible to take the same in custody until the arrival in the port of destination. Such goods, when kept in custody as for as the first port of call, must be delivered by the Master to the Harbour Master or to the Consular Authority to be stored in customs warehouses and put at the disposal of the persons concerned. Article 5£ Death or disa~£~nce of persons during the voyage In case of death or disappearance of persons during the voyage the shipmaster must ascertain the causes whiQh determin ed the death or disappearance, with the assis~ce of two witnes ses. If the death was caused by a disease which can transmit to others, the Master must take care that any item belong ing to the persons deceased be destroyed if considered danger ms to the health of the other persons. Save for this case, the abovementioned items as well as those belonging to persons disappeared, are krpt by the Master as far as the first port of call and there delivered to the maritime or consular authority. After ascertaining the causes referred to sub. the first paragraph of the present article, the Master, in presence of the witnesses who hAve assisted him, reports the fact to the a~ sathorities which, in turn, draft a notice bearing the person a~ aa~~ on the person deceased or disappeared, as well as the hour, the data, the causes and circumstances of the event reported by the Master. This notice is forwarded to the municipal or district authority of the place of the last domicile of the person deceased or disappeared and, in case of disappearancE, to the judicial authority of the first port of call. 30 Article 57. Repatriation of Somali seamen and citizens In foreign countries wher-e no consular 3.utl1.ori ty exis~ the Master must give shelter on boe..r,l and repatriate Somali seamen who are found abandoned. He must also give shelter on. board and repatriate any other Somali citizen whom the consular authadtydeens t for whatsoever reason, suitable to repatriate. The ~hster, however, caru~ot even if abroad give shelter on board to persons, also if Somali citizens searched for by the c orape t ent authority for having c omrai, tted 2. c omaon crine. ~rti.£~-.?8 Los s 0 f sb:~ p~~a:£2,~}~'.e"~an.d,,~(:t99l-b"1~(oP..j;.:2. In case of loss of papers or other ship's documents, the Master must, in the first port of call, report it to the Harbour Master or to the Consular Authority which deliver him temporary docuoants to continue the voyage. Arti~l~e 59 Request tC?, st9.P~~L=,.for,s":i.Bl\ ..1!arshiE.§. Ships and dhows flying the Somali flag must obey the request to stop made by warships of friendly nations, justifying, if requ.csted, their own na t.i.ona.Li.uy , The above ships and dhows have not the obligation, in peacetime, to u.ndereo any visitor other ao-~ of jurisdic tion by warships of friendly J....:' -+:ions except for what has been interna tiona12y agreed to prevent slav~ trade. 31 Art i.c Lc 60 "'~.."""-- -'-' TeclLnical prov~siol~ Provisions relative to D~ritim2 signalling in general, those to ~void collision as well 28 those relative to the installation and operation of radioelectric apparatuses on board are established by the Regulation. CHX2'I'ER VII ArticJG 61 Maritime Heal~h ~9n~~£l-S6Fvice The Maritime Health Control Service in ports, vessels anchored therein, as well as for arrivals and departures by sea, for the defence against the transmission by such way of infectious diseases, operates ~~der the Department of Public Health through the Maritime Authority and its staff. In parte of the Territory, where the need arises, aport surgeon is nominated. Port surgeons effect all the visits ~~d controls connect ed with their duty established by the present Code and the Regulation, ensuring that all health mG~sures are carried out in both ports and anchored vessels and dhows. They must imr.lediatcly inform the Department of Public Health and the ~aritime authority of any fact relating to public health as well as of any infring?ment of health provisions, proposing the necessary steps to be me.de in this connection. In porte where no surgeons are available, the halth control service is entrusted to the auxiliary health personnel in the manner and with the limitations established by the Department of PUblic Health which nominates also a surgeon in the nearest place to supervise the above-mentioned personnel and intervene in the most serious cases. 32 Article 62 R~guest of admission to prstiaue The master of national or foreign ships and dhows, inclading the captain of naval vessels, on arriving in a port of the Territory is obliged to keep the vessel or dhow completely isolated, hoisting the yellow flag indicating quarantine, established by the int2rnational signal code, and forbidding any cO~uunication before having obtained ad8ission to pratique. To obtain the latter, the Master must request it to the mari time authority which goes on board the infected vessel. To this authority, which must be assisted by the port surgeon or, in absence of the latter, by the auxiliary health personnel concerned, the Master must show besides health documents in his possGssion, the health declaration referred to sub. article 64. Article 63 Quara~tine in ports The Master may not request admission to pratique referred to in the prSQ3ding article and take the sea freely; in any case, however, he must inform the waritine authaity of his intentions upon arrival, submit the document referred to sub. article 51, first paragraph, a) and keep the vessel or dhow in strict isolation, hoisting the yellow fl~g indicating quarantine for the time of stay which, for foreign naval ves eels, cannot as a rule exceed 5 days except for diploWBtic understandings or c~ses of foree majel~6. Article 64 ~Galth ~Gclaration Before re~u8sting pratique, the Master must control the h€a~th conditions of anyone on bo~rd drawing up and signing a health declaration; the latter is signed also by the ship's surgeon t if any. The declaration &hould indicate the date 33 and place o~ departure of the vessel, intermediate ports touched and date, number of passengers and crew, hygienic conditions of the vessel, any disease which occurred during the VOY3gC and inforoationon the hcalth conditions of both passengers and crew receivcd while at sca. The contents of the health declaration cannot be brought to the knOWledge of anyone on board. When the ~~ritime authority has doubts about the correctness of the declaration drawn up by the Master, it can question passengers or crew members. For warships, the captain's declaration will suffice. Article 6~ C1Ea~ance for pratique Vessels arriving from countries which are not SUbject to hEalth treatments, if the voyage was s3fc and the Master has not received suspect infora~tion during the same, are immediately cleared for pratique hy the maritime authori~ after hearing the port surgeon, or, in absence of the latter, the auxili3ry health personnel concerned, as soon as the shipmaster has compli.Gd with the provisions set forth in the preceding article •. In case : 1. the number of persons on board differs from that -shown in the ship's papers; 2. tm cargo is all or partly composed of substances v~ch are suspected to jeopardize publiJ health; 3- the Master bas received SUSpGct inforQ~tion during the voyage; 4.. some case of doubtful disease or death caused by dOUbtful disease has occurred during the voyage, the Ma~ttime authority does not issue the cl~arancGlor pratique until when the provisions of the Department of Public Health in ~hi5 respeot, follOWing ~n urgent report by the port surgeon, or, in absence of the latter, by the a~~iliary health pGrsonnel concerned, have been complied with. Vessels arriving from. intcrm.cdiat:. dep':rture or c.rrival ports subject to health treatme~t, in order to be cleared for pr~tique. must comply with the prpvisions set forth in the Regula tion for each particul~r case. 34 SEA FISHING Article 66 Marior and. minor fishinr) activi ties Sea fishing falls into two classes: major and minor fiehing activities. The former class relates to the activities carried out exclusively by means of fixed plants or large nets for catching largesized fish, including trawling on the high sea carried out with any mechanically-propelled vessel. The latter class involves the remaining fishing activities, including fishing of m.other-of-pearl and other industrially exploitable shells. Fishing activities are governed by the following articles, which apply to both somali and foreign citizens allowed, in ac cordance with definite agreements g to fish in the waters of the. ~ TerrJ.tory. ~"ticle 67. 2..2a£.es~i 9.-n~8.!!<!~1~ <?o.~~1c~ Major fi3hing activities on the territorial sea and permanent breeding of fish and other acquatic animals in'~lrcms: areas, in deos3nial maritime waters or in the territorial ~ are permitted only to person holding a concession for this p~~~ issued upon d~cree of the Minister of Economic Affairs. Minor fishing s.c t i.vf ties are parmi tted only to persons holding a Li.c enc e fer this purpose, issued by the maritim.e authority upon paymellt of the relative duty. The normal vaJ.idi ty of licences is of one year and they can be renpV'JPrl. ::'11" "'.,", 'lLv , Licences are ilot ne~~~ ~~v for fishing with c.onventional means. In c onc ess Lcn acts rela t~,; ~ 1.." major fishing activities as well as in licene:es for minor fishing '""~tivities, express reservation must be L~de for uses referred to in the preceding paragraph. 35 The right to ruajor fishin6 activities does not prejudice that of winor fishing activities; to this end, any means employ ed in major fishing activities can.."1ot be used within a line 500 meters from the coast. Article 68 ConcessioLs for major fishing activities Concessions to carry out major fishing activities can be granted by the Administration for a psriod not exceeding nine years and are r-snewat ..Le upon expiration, for another period gf the same lengtb. Concessions nmy include one or more sea areas; in any case, these concessions do ;lot invclve exclu~ive rights by the conces sionaire upon the sea area covered by the concession, since the Administration has the power to determine for each area the number of concessicns which can be granted in relation particular ly to the exploitation conditions, safeguard of sea fish and the different species of fish, as well as to fix other special rules necessary tel the public i.nterest., When c011ces:ions cover traWling on large areas of the ter ritorial sea, the concessionaire must have on land the nece~£ary sea product and b;J-product preservation and processing pl'C1hts. The same .rale, however, ..laY be applied also in other cases. To this end, con?essionaires can obtain the occupation and use of available rne~d·i;J.me ~mJ?,c:;ne areas neoessary to operate a fishing Lndus t rv, These areas are granted with the same conces sion act as 1O:.bCTe or by a subae querrt.vac t , Conces r:.ious are aub j ect .te' the annual payment of a rent which is de t,ermined , case by .'~3.se, according to the nature, im portance, and duration of the yoncession, 'JIlith special regard to the sea a~~Ga conceded and to its location with respect to the places of cl..'...J.l as well as to the maritime demesne areas conceded pursuant to the preceding paz-agz'aph , Artic;,..e 69 Applica;:lili ty t. For e~ny case not specifica~ly contemplated in the present Code, Chap:Ger VIII, relating tl) concessions referred to sub. the prec6'ling articles, the la.t+.er are governed by the provi sions of cr.~apt6r II of the pr e z.errt Book, insofar as consistent. 36 Article 70 Prohibition to fish The Minister of Economic Affairs can prohibit, without paying any indemnity, fishing activities on sea areas conceded or on specific sea zones, for reasons connected with public needs or with sailing or maritime signal requirements. Article 71 Prohibited fishing means In any case, fishing by means of dynamite or similar materials, as well as the use of electric current as a direct killing or stWll1ing means, or throwing or dissolving substances in water to enervate, stun or kill fish and other acquatic anil~15t is prohibited. Catching and selling animals thus stunned and killed is likewise prohibited. Article 72 Supervision of fishins Supervision of fishing and enforcement of the rules governing it are entrusted to the maritime aU~lority. BOOK II OvVNERSHIP AND FITTING OF VESSELS CHAPTER I OrnrERSHIP OF THE VESSEL Article 73 Provisions applic~ble to vessels Unless othe~vise provided, vessels are gov~rned by the provisions regulating movable property. 37 Boats, riggings, tools, fittings and, in general, any thing durab~Y destined to service or ornament of the vessel are part of the vessel. Article 74 Joint-ownership The shares of par t Lcd.pat Lon in the ownership of a ves sel are expressed in fractions. For anything that concerns common interest of the joint owners, of the vessel, resolutions taken by 'the majority bind also the minority. The majority· is formed·by the vote of joint-owners representing, as a whole, over one half the value of the ves sel; as regards sale and mortgag~ the majilirity is formed by the vote of joint-owners representing, as a Whole, at least two third5 of the value of the vessel. The jUdicial authority, however, upon request of joint owners representing at least half the value of the vessel or, in case of serious and urgent motives; at' least one fourth the value of the vessel; can authorize the sale or mortgage of the vessel after hearing dissentient join-owners. Article 75 Form of acts relating to the ownership of the vessel Acts of acquisition, tranSfer, or cancellation of owner ship or other real rights on vessels or their fractions must be dr~wn up ir. writing wlder pain of nullity. Article 76 Publicity of acts relating to thg ownership of the O"'X vessel Acts referred to 2ub. the prec~ding article have no . value before third parties unless they are rendered public through tran~cription in the registers of the ship, dhow or sea craft. 38 For ships and dhows, pUblicity must be completed by noting the above acts on the act of" nationality and permit, respectively. PUblicity is requested to the Enrollment Board. If the vessel does not find itself in the enrollment place, the above note can be made by the maritime or consular author ity of the place in which the vessel finds itself, upon request of the Enroll~ent Board. Article 77 Order of precedence and prevalence of transcription In the case of several acts being published according ~o the preceding articles, precedence is determined by the date of transcription in the registers of the ship, dhow or sea craft. In case of difference between the transcription in the register and the annotations on the act of nationality for ships or on permits for dhows, the notes of the register shall prevail. CHAPTER II OPERATOR Article 78 Declaration as operator O~erator is the person using a vessel for one or more voyages or for the purposes to which it is destined, providing it with the necessary stores and items, indspendently of whether he is or not the owner ot the vessel, assuming himself or entrusting to others the command of tht vessel. The operator who is not the owner of the vessel, before assuming the operation of the latter, must make a declaration as' operator to the Board of EnrolL~ent. If not, the declara tion can also be nam by the owner of the vessel. If the declaration is made at the same time by operator and owner, the Enrollment Board can accept the declaration as operator by process verbal which must be signed by the appear ance; otherwise the Enrollment Board can accept the declaration aa onerator only when it receives the original copy of the title 39 providing for the use of the vessel. The declaration as operator is noted in the register of the vessel. Article 79 Pr6s~ption of ,operator In default of the declaration as operator referred to sub. the preceding article, the shipowner is presumed as operator unless co~trary evidence is given. In case of several owners, they are presumed operators in proportion to their joint-ownership shares, unless contrary evidenc e is given. Article 80 Designation of representatives When the operator is not domiciliated or resident in the enrollment place of the ship or dhow, or when the operator is the Master, the operator must appoint a person residing in that place to ~epresent him before the Enrollme~; Board. Article 81 Operator's liability The operator is liable for the aota of the crew and for the obligations undertaken by the master, as regards both ves. sel and voyage. Neverthless, the operator is not l~~ble for the fulfillment by the master of the obligations connected with assistanoe· or salvage nor for the other obligations imposed by law upon the master as "leader" of the voyage. 40 Article 82 Limitation of the shipowner 1 s debt Save for obligations deriving from his personal fraud or grave fault and those relating to employment contracts of the crew, the shipowner is liable. a) up to the value of the vessel or freight ~ 1. For his share of contribution to general averages; 2. For remunerations of assistance and salvage; 3. Save for his express authorization and ratification in this connection, for obligations resulting from contracts entered into or operations carried out by the r~ster by virtue of his legal powers, outside the fitting place, for the actual preservation of the vessel or to continue the voyage, provided these needs are not due to insufficiency or defect of fitting or of stores at the beginning of the voyage. b) u~ to Sh.So. 160 per GET of the vessel : 1. For indemnities due to th1r~~axties ~ a ree~t of damages caused by the master or crew on land or at sea: 2. For indemnities d~e on account of damages suffered by the cargo; 3- For obligations resulting from bills of lading; 4. For indemnities due on account of a nautical fault committed in performing a contract; 5. For obligations deriving from damages caused to harbo~ works and for the obligation to remove the rest of a sunk vessel and for related operations. Q) up to Sh,So, 160 per GRT of the vessel added to the figure sub, b). for indemnities due to injured persons or to persons who have right to exact the indemnity for them, in case of death or personal injury to anyone on board caused by the Master or the crew. 41 The latter Slliil is fixed for vessels of over 300 GRT only. Article 83 Calculation of tonnage and freight in connection with the limitation of the shipowner's debt............... To the effects of the provisions set forth in the preceding article, tonnage is calculated as follows: 1. For mechanically-propelled vessels on the basis of not register tonnage plus the volume of the enclosed Sp~CGS of power plant which is deducted from gross register tonnage to determine not register tonnage. 2. For other vessel : on the basis of net register tonnage. To the effects of the provisions set forth sub. article 82, a), freight is calculated, in any case, at 10 per cent of the value of the vessel at the be~ianing of the voyage. Article 84 Valuation of the vessel Shipowners who intend to avail themselves of the limi tation of liability up to the value of the vessel or freight are obliged to give evidence of such value. The valuation of vessel is made : 1. On the basis of the vGssel's conditions upon arrival at the first port, in case of collision or other accidents, in favour of all the creditorsconqerned, also by virtue of a contract, and who were such price to the arrival at the first port touched after the accident:as well as in favour of credits arising out of a general average caused by such accident. If, prior to Brrival at the first port, a new accident independent of the former .. 42 causes .:J. further diminution. a:\: the vessel's value, such diminution of value is not calculated in respect of credits referring to the form.er a.ccident. For accidents occurring during the vessel's stay in a port., the valua tion is ill2de on the basis of the vessel's conditions in this port after the accident. 2. On the basis of the vessel's conditions at the destina tion port of the cargo or at the place where the voyage is interrupted, if credits relating to the cargo or else credi t s deriving from e. bill of lading are involved independently of the cases envisaged sub. 1) above. If the cargo is bound for different destinations and the damage derives from the same cause, the valuation is made on the basis of the ves;,el's conditions at the first port of the abovementiorcQ destinations. 3. In any other case con t errp.La't ed sub , article 82, the valuation is made on th:: f\e.S:1.S af the vess e1' 5 conditions at the end of the vu~a~E. The judi cial authori t~r of the place in which the evalua tion is made or the consular authcr ity abroad must appoint an expert, if the shf.pownsr )J::' the Ll~L8ter request his presence, who will check the value stated by the shipowner. At' t~ £:1.~§2. Plqr~~!~~ff~ £~~g~y~~~ Creditors involved i.:. the same accident and creditors not involved in any accide.lt and for whom. the value of the vessel is determined in tIl.::; same port" have all right to the sum within the limits of 'Nhich the shipowner is liable before them, taken into account also pre-enption rights which, accord ing to their respectivE de[J'ee of priority, are due to credits guaranteed by privilegE:" Effectiveness ~r; -ih~L3r~~:rj1~'1.t~e.,.~~iY§lLsz;the shipowner in case o~ attac~ement of the vessel I . :><:.~:::: -=-"'"~ In case of a't tachemerrt, the guarantee given up to the max~um limit of the shipow~er's liability favours all the credi tors to whom this limit f23-y cc applied. In case the vessel becoilles SUbject to a new attachment proceeding, the jUdicial authority can revoke the latter if the shipowner gives evidence that he has given guarantee up to the maximum limit of his liability, that this guarantee is satisfactory and that creditors can by all means avail them selves of it. If the guarantee is given for a lesser amount, or if sever al guarantees are subsequently requested, the disputes invo~v ad are settled by the parties, or, in default to reach an agree ment between the latter, by judicial authority to avoid that the limit of liability is surpassed. ],;;...~ ~,~e ~.l Unallowed attachr.:.s:.:.;+: of enf or-cemerrt -=UO ",.- . - •. ' ~. . .. . ~.~..." ..-,..~,: '''-' ...:..~.2"..~...,......,.,..,.;: - ~~ ......-~ ~ Credi tors involved i.'::".'. ths l:i.m:i. t3. tion of liability cannot request att£~8hment or enforcecsnt; if the lattar have already been started they must be stopped by the judicial authority when the shipowner has deposited the sum corresponding to the value refeJ~red to sub. article 84 5 legal interests calculated as of the day of liCiuidation of creditors. up to the day in which the deposit is made, as well as the sun corresponding to legal and liquidation costs. If the shipowner's liability for acta of facts wh.i ch entitle him to ask limitation is not yet definitely established he can 1 if authorized by the judicial authority, following th~ procedure fixed by the latter, replace the above euma "vith a concrete guarantee. Article 2-8 Wi th~in 5 days f1',):;:) -':;l:! dat e in which the filling is made or f~·).n the date .i.n wh.i.ch the guarantee referred to sub. the prec6l'i.'1.g article is is;:;~1.sd tile shipowner must submit to the competent regional C·)U,":"·t a request to have credits checked or sums du s shared. The shj.pormer's request must show the names ot c-red i, tors known t 0 h i.m , 44 If the shipowner does not submit this requEst within the term. established, it can be submitted by any creditor. Article d.2 to credi ton) ..<t,.,~-=..,."......:",-~-=-,"-~" The Court mU3t urgently forward to creditors listed in the shipowner's request, by Deans of ~ registered letter with retWL~ receipt, an injunction to produce, under pain of cancellation, within 30 days, their instruments of credit and the request of inscription in the :2haring list. The same injunction Dust be notified by the Court to creditors unknown to the shipowner, thro"r)l IJ":.blici ty on the efficial Bulleti~ as well as through ot~ar Dsans which are considered appropriate. For credi tors rss~.c'!j '::S abr oad , the Court must establish, in the sin@). '?~~':'; 8S, ';I.c SpE. oi.aL procedure to notify or publicize the junction 2nd fix an adequate term to carry out the provisions referred to sub. ~ne preceding para graph. .p,.r :ti...£.d&,~, ~Q ~i t-sheck not.l:L.,an; ,-. ,,?2:12,:;:.l'~1·l,.1~.~t The Court's note rel2ting to the check of credits is filled with the Chancery. This fact Dust be publicized also by a notice affixed in the vessel's Enrollment Board. If within 15 days from filing claine are Jut forward in connection with credits, deterIination of the vessel's value, and freight, the Court summona the parties at a definite date. After claims hav e been set~:Lcc.:. or after expiration of the term. referred to sub , the pr-e c edi.ng paragraph ..."i thout any claim. being put forward, the COLH't d.r aws u:::, the list of shar ing of the 5u..Dl3among the creditors ccncerned, taking into ac count pre-amption rights. Such 'list is filed with the Char.<sel';Y; anyone who may be interested in it, has right to real: it and have a copy of the same. 45 Article 91 Approval of the ~haring list Af tar 5 da;ys tr om the date in which the sharing lis t has been filed with the Chancery, the Court summons the credi tors by means of a register~d letter with return receipt to discuss and approve the list~ inviting also the shipowner to attend. If all the creditors present approve the list and no claim is put forward by the shipowner this fact is noted in the list. If one or all the creditors are not present on the day and at the time fixed, this fact will means that they have accepted the list. If any dispute Qrises on the proposed list among creditors present, or between a few of them and the shipowner, the Court will SWllinon the parties at a subsequent hearing and the shar ing of sums will be suspended w~til a jUdgement is rendered on the dispute or the latter is settled. CHAPTER III Article 92 ~~~!ca~ ~~;~ction of the vessel The nautical direction of the vessel is of Bole competence of the shipmaster. Even when obliged to avail himself of the pilot he must personally direct the maneuver of the vessel entering or leaving ports as well as in any other circumstances in which sailing presents particular difficulties. In case of dsa tih , absence or impediment of the Master during sailing the direction of the vessel is taken over by the deck officer next to thG Master in rank. Article 93 Dllties of the Fi§ ~J:.~ L.£.§.f2re and duri.!:¥; sailing Before sailing, the T~ster Dust ascertain that the vessel is fit for the voyage, well equipped and rigged, properlY load ed and stowed. If duriES -~ :..> ··v;j.<:;s :jVi:;c.~.~3 occur putting in danger the vessel, cargo and p~ssGngsrs, the Master must try to ensure th ear safety by all means at his Lmmedi.a te disposal or which he can obtain e i tiler by t3.~dng refuge in a post or r-e que s t Lng as sistance to other vessels. If it is neC6SGa~y to s~criiice or damage parts of the vessel or cargo, he must, as far as possible, proceed commencing with the vessel, passing then to the cargo, giVing precedence to items of minor v31ue and to those items for which sacrifice is more useful tand prsservation less necessary. In case of abandonment of the vessel, the Master must be the last to a ba.ndo n it seeir:g to it that, as far as possible, the ship's papers and 000£0 as visll ~s items of value committed to his custody are s~~sl" f'c" ...:-' 0 ~'''''-'''.:''-''-=-"''''-, ...' KeS1Ji.':'1.,'?; of s11i1: 1 8 docu.ne rrt s "~'.'.". ',:,' ,"'- .. ".-r- " .• ,.-, '~.'..- .. ·....... : ·,··-. .. c ..'"-,~,-'.:.. ; -".. .,-.;:.. ·......,..::,,;,·.=....::lI~ Th.c M2,ster muat sse to it that documents relating to the' vessel, crew passengers 9 and c,:~rgo are. regularly kep t. The shipmasrer is apyointsd by the operator and represents him. He exercis Ef, the power-s conferred on him by law in respect of all persons ir. -:~eres ted in the v ee a el and cargo. Out of the place in which the operator or his representative furnished with n.s c essa.ry ;l0vIers are present, the Master can oar ry out the ne c es sary acts for thG vessel and voyage J he can. like wise appoint and d.Lsrai.s 2 c r ow mcnbe r s , In the circuros tances referred to subo the preceding ~aragra:ph, the Master can, in case of urgency, not~·"::·y a.cts OT st::a";; or continue judicial proceed ings in the nams and. inte:-'G8G of the Operator as regards the vessel and voyage. Out of tr.e abovementioned places, third parties can, likewise, l1ot:; f~r acts to the Master personally, or against the La t t.e . ~ ~ -.-'. A~ r"'i,rH )',118 judicial proceedings, regard ing facts of tb.G cr ew r'elative to the vessel and voyagf; ('!' 47 obligations ~ldertalcGn by the Master during the voyage. The operator can reSU88 the summons served by the Master or on him, and besides he can bring claima against jUdgements issued in proceedings, in contradictory with the Master. Article 96 N8c~sEl~~~J t~ds and other items during the voyage If during the voyage, the need arises of funds for supplies, repairs, or other urgent needs of the vessel or for the continua tion of t1).e voyage, the Master must imnlediately inform the operator. When this is not possible or if the Operator dUly informed has neither furnished means or given suitable instruo tions, the r~ster can ask authorization, in the' Territory, to the judicial authority or to the Consular Authority, if abroad, otherwise to the local authority, to borrow the necessary amounts or to undertake ob.Lf.ga tiona towards those supplying stores, materials, implemsnts or labour 9 or to pawn or sell stores, im plements, or fitting of the vessel not necessary for safe naviga tion. If,during sailing 1 stores and any other item necessary to the continuation of the 'voyage run short, the Master must take care for, their supply. To this end, if necessary, he must re quest the sa~6 to vessels which he may encounter or otherwise call at the nearest place, even if for this purpose a deviation is necessary. In case of extreme necessity, the Master can employ for the needs of the vessel goods carried on board; in this case, however, the operator must reimburse their owners the value which the goods would have had at the time of arrival at the place of destination. ,Article 97 ~l1~~~g~nt of interests of the owners· of the cargo When necessary and consistent with the requirements of the common adventure, the I~ster must protect the interests of the owners of the CDXgO. If, in order to avoid or r sduc e damages, special measures are necessary, the Mastsr must, if possible, inform the owners of the cargo or their local representatives, if any, known to him, and abide by their instructions; in default, he must act, according to his opinion, in the best possible man ner. 48 Article 98 FOToation of the crew The c~e~ is for~Gd by the Master and by all other persons employed for the sGrvice of the ship. In relation to navi gation and services assigned to the ship. as well as to the tonnage, type and power of the engine, the Head of the Mari ti~e Zone, after hearing the operator, established the quali tative and qUdntitative conpo~ition of the crew. The crew of a ship assigned to lines services touching ports of the Terri tory must be composed of Sowali seamen in the proportion esta blished each time by the Minister of Economic Affairs, after hearing the operator, at the time of the initial enrollment in Sooali registerso In relation to the nature of the voyage and tonnage, the composition of the crew of each dhow is esta blished according to local CLlStOD:1S by the maritime authority of the fitting place, keeping the nwuber of crew illeobers within a minimun level considered indispensable and a maximun level which cannot be exceeded in relation to the safety of sailing and the safeguard of human life at sea. Crew of sea craft must be adequate for or'di.na.ry maneuver ee according to the use to which the craft is destined~ ~~~OY1~NT qONTRACTS Article ~2 .~y~£ ~;f~ er;~mentcontracts The employment. contract can be stipulated a) for a single or Bore voyages; b) for a definite period of time; c) for an indefinite period of time. Wage~ due to seamen can be established on the basis of a) a fixed s um for the entire voyage; b) a fixed sum per month or other period of time; c) a share of voyage profits. 49 To tl~ effects of the employment contract, a voyage is in tended as a crossing b~tween the loadinB port and the latest port of d ea t i.natio!\, including int erme dLato ports, -'-besides the p.D5sible crossing in ballast to reach the loading port. By voyage profits it is meant net freight and other profits resulting fro~ the voyage. The contract for a definite period of time and that for several voyages cannot be stipulated for a duration exceeding one year: if stipulated for a longer duration they are consider ed as contracts for an indefinite period of time. If, by virtue of several contracts per voyage or contracts at definite time, or else several contracts of both types, the seaman uninterruptedly 'Narks with the -same shipowner for s time exceeding one year, the employment contract is considered to be at indefinite time. Article 100 Form of the contract The employment contract between r~ster and owner or between laster or owner and the crew must be drawn up in writing, in presence of the maritime aut.hority, if in the Territory, at" in presence of the cons~lar authority, if abroad, who must then record it on the crew roll. The employment contract must be signed.by the Master or by the owner and by the employed person; if the latter cannot or does not known how to sign, ~vo witnesses extraneous to the crew must sign the contract for them. Employment of minors must be made by those wm exercise the paternal authority or tutelage, either by their personal intervention at the moment of employment, or by an authentica~ed statement of consent to be left with the above authorities. Persons .under eighteen years of age cannot be employed for engine services nor can they be assigned to these services. 50 Before the signing of the contract, the latter must be read before and explained to the person concerned; fulfil ~nt of this formal~ty must appear in the contract itself. The employnent contract for dhows and sea crafts can be nade verbally according to the customs. Article. 101 Keeping of the contract Original copies of employment contracts are kept by the maritime or consular authorities; authenticated copies of the above contracts are kept with the ship's documents. If employment is made abroad in a place where no consular authorities exist, the contract must be stipulated in writing, in presence of two witnesses who sign the same. The contract is kept among the ship's docuoents. Article 102 Contents of the contract, The employment contract must indicate: a) b) c) d) e) f) the vessel on which the seaman must work; personal data on the seaman, domicile, roll nuulber, and his professional titles, if any; qualification and duties on board; voyage or voyages to be effected and the·day in which the seaman must aBs~~e service, if employment is per voyage; commencement and duration of the contract, if employment is at definite time; commencement of the contract, if employment is at indefinite time; form and amount of wa~es; place and data of stipulation of the contract. The contract is governed by the rtiles concerning the contract at indefinite time if the same does not evidence stipUlation per voyage or at definite time. 51 Article.lO] Duties of persons employed Crew weobers are not obliged to render a service dif ferent from that for which they have been employed. Never theless, t~.i.e Master in the interest of navigation, has the option of 'temporarily assigning crew Bembers to a ssrvice different from the one for which they have been employed, provided that it is udequate to their professional title and rank on board. In case of need for the security or the voyage, seaman can be assigned to any service whatsoever. Crew members carrying out duties different from those for which they have been employed are entitled to major wages due for these duties. The &~ster and crew members cannot load on the vessel goods for their own accocmt without the authorization of the shipowner or his representatives. The employed person failing to comply with the provisions as per the preceding paragraph is obliged to pay twice the freight current in the place and on the date of the landing for the same voyage and for goods of the's~6 kind of that unduly loaded, without prejudice of the compensation of damage6. Article 104 Treatment of ill or injured seamen !.Excluding the cases in whLch special laws make it com pu.cs oz-y for the shipowner to effect insurances against crew's accidents and diseases, when the person employed falls ill or is injured while in service, he has right to health assistance at the shipowner's expenses for the time neoessary to recover but, in any case, for a period not exceeding four months from the date of landing. Article 105 Death of seamen In case of death of seamen during the voyage: a) if he had been employed on a fixed wage for the entire voyage, half the wage is paid' to his heirs if he dies 52 dur i.ng the autwa r d voyage or in the port of arrival, thE: wage is paid to his he±rs in its entirety if he dies during the inward voyage; b) if hE had been employed on a monthly wage or other period of time, the wage is due until the day of his death; c) if he had been employed on a profit-sharing basis, the entire wage is due if he dies after commencing the voyagG. Article 106 "~~•.. "" The employment contract stipulated for a single or several voyages expires with the cOill¥letion of the voyage ot of the last of the voyage foreseen in the contract. The contract for a definite period of time automatically expires at the expiry of the fixed in the contract. , However, if the date expires during the voyage, the contract is prorogued 8S far as the port of latest destination. The abovementioned contracts and the contracts of employ ment for an indefinite period of time can be terminated at any time for the will of the shipowner or of the seaman, provided due hotice is given within the terms estabfuished in the contract or, in ease of lack of t hc latter, according to the customs. However, the'person employed £02 an indefinite period of time can avail himself of this power only in a port of latest d€stination~ .~rticle 107 Termination of~the contract ' ~""""""" ••.",... 'Y --·';:...;.. :~ •.-.l:'·'";" -"-~ Any employment cJntract is terminated upon : 1. Total loss or abEolute unseaworthiness of the vessel or for I a period exceeding 60 days, caused by shipwreck; 2. Loss of the vEsss.l's nationality; 53 3. Court-ordered sale of the vessel. 4. When the seaman, for illness or injures, must be landed and cannot retake his place at the departure of the vessel from a port of call. 5. Interdiction of trade with the port of destination or stop of the vessel or any other cause not chargeable to the owner, which makes it impossible to commence or continue the voyage. 6. Unfitting of the ship for lack of traffic for a period of not less than 20 days or seasonal unfitting of the dhow or sea craft or else unfitting for repaira not to exceed 30 days. 7. Cancellation from the roll. , 8. Revocation on the part of the personal exercising patern al authority or protection of the consent to the enroll ment in the rolls of the minor under eighteen years of age. 9. Failure of the seaman, in the cases not foreseen in the preceding paragraph, to assume service on board within the time fixed, prior to the departure of the vessel. 10, Order of the ~Jaritime or consular authority, .uponrequest of the sea.ma.n, to disembark immediately from the vessel, if the Master has committed an abuse of power against him or has tolerated that said abuses were committed by other persons, or else he does not furnish him, with out justified motive, victuals or health assistance in the due ne asur e , . Article 108 Wages due to the seaman in caSe of contract expiration or termination In the event of expiration or termina~ion of the contract as contemplated sub. articles 106 and 107 : 54 1. The wage, if fixed on a per-voyage basis, the sea~nan has right to the part of the amount agreed upon, proportioned to the duration of the service effected in relation to the maximum duration of the voyage which was foreseen at the time of the stipulation of the contract~ stipulation. 2. If the wage is fi~ed per 20nth on the basis of any other period it is due to the seaman until the day oin which he has performed his services. 3- If the wage is fixed on a profit-sharing basis, the seaman has right to the part of the quota proportioned to the duration of the service effected, in relation to the maximum duration of the voyage which was foreseen at the time of stipulation of the contract; in the case of "termination as contemplated sub. 10) of article 107 t the seaman has right to the entire quota. Article 109 ReEatriation of the seaman If expiration or termination of the employment contract occur in a pOBt other t.han that of eoployment, the seaman, has right to.the expenses for returning to the port of employ ment, unless the shipowner does provide, within the terms established by customs, thnt the seaman is suitably and ade quately embarked on another vessel bound for the same port. In the cases sub. n. 7 and 9 of article 107 and in any other case of contract termination c2us~d by the seaman as well as in case of termination of tlw contract per voyage or for a definite period of time, by will of the seaman, .the shipowner has rieht to reimbursement, by the seaman, of expens es borne to repatriate him. Article 110 Change of the shipowner Save for the case envisaged sub. 2) of article 107, in the event of change of the shipowner, the new shipowner suc ceeds, t~,€? preceding one in all rights and obligations arising 55 out of employment contracts of crew members; the latter, however, can request contract termination upon the arrival of the vessel in a port of the territory or in a port of latest destination. 56 BOOK III OBLIGATIONS RELATING TO THE OPERATION OF VESSELS CHAPTER I HIRE OF THE VESSEL Article ill. Hire contracts A contract for hire of a vessel is one whereby the owner of a vessel commits himself to leave to the other party the pos session of the vessel for a certain period of time against a given rent. The hire contract must be proved in writing. The written proof, however, is not required for 'vessels not exce eding 50 GRT. Article 112 Hirer's obligations ,The Hirer becomes operator of the vessel. The Hirer is obliged to employ the vessel according to its technical character istics and in conf ormi ty with the employment agreed upon. The Hirer can neither subhire the vessel nor turnover the rights deriving from the contract lli~ess authorized by the Owner. The form of aubhire and transfer contracts is regUlated by the provisions of the preceding article. Article 113 Obligations of the Owner The Lessor is bound to deliver the ~essel in good seaworth iness cOl1ditione, provided with the documents necessary for sail ing as ,well as to effect any repair caused by wear for normal use of the vessel in accordance with the amployment agreed upon. 57 The Lessor is responsible for damages deriving from faults of seaworthiness, unless he proves that the same derive from a latent fault not ascertainable with the normal diligence. Article 114 E;piration of the contract Unless the Owner's espress consent is obtained, the contract is not considered as renewed even if the vessel; on finding itself in voyage, cannot be delivered at the expiry of the contract. In this case, the expiration of the contract is pro rogued until the end of the voyage. Article 115 Prescription Rights deriving from the hire contract are tioe-bar red within one year from the expiry of the contract, or, in the case provided for in the preceding article, from the date of the redelivery of the vessel. In case of presumed loss, the term begins from the date of cancellation of the vessel from the register. 58 CH.L:;'PTER II ,?FREIGHTMENT Article 116 Contract of affreiRhtment The contract of affreightment is one whereby the Owner, in return for the freight agreed upon, undertakes the obliga tion to perform, by means of a specific vessel, one or more pre-established voyages, or such voyages as the Charterer may order within the" period of time agreed upon, on the terms fixed .by the contract or ry customs. The Charterer does not become the operator of the vessel. The contract of affreightment must be proved in writing. The written proof, however, is not required for vessels not exceed ing 50 GRT. Article 117 Shipown~s obligations The shipowner is obliged, prior to sailing, to put the vessel in goodeaworthiness conditions for the completion of the voyage, to equip it and to provide the necessary docu ments. '1'he shipowner is liable for damages deriving from faults of seaworthiness, unless he proved that they derive from a laten~ fault not ascertainable with due diligence. AT tic!.§ 1-JJi Charterer's obliEutions Unless otherwise agreed upon, in the time-char~er, the Charterer, over and above expenses relating to" the cargo, must . 59 also bear expenses re12tiv8 to the ccmnercial employment of the vessel, such as s t owage , agenc y , health and similar duties as well as, if the vessel is of the mechanically-pro pelled type, fuel, water, and lubricants necessary to the operation of the power plant and auxiliary plants on board. Article 119 Execution and dUE tio~f vo:@ges in the time-charter In the "time-charter, the Ov'mer is not obliged to commence a voyage which places the vessel or the persons in a danger which was not possible to foresee at the time of the stipula tion of the contract. Likewise, he is not obliged to commence a voyage the probable duration of wh.i.ch surpasses the expiry of the contract in conr~~v~ion with the duration of the same. If, in consequence of facts due to the Charterer, the duration of the latest voyage exceeds the expiry of the contract, the Owner has no right to liqnid2tion of damages but he is enti tled to a freight in doubJ.e-weasure of that agreed upon in the . contract for the period of tine exceeding the duration of the. contrac t. Article 120 The freight must be paid in advance by monthly instal lments, except for contrary agreemcnt or customs. However, the freight prepaid is not earned in any case unless other wise agreed upon. Article 2.21 Sub-charter and turnOV3r of the contract ~ • ,:<...~.-., . -- •••. .,..•.:.".,,--- .,..,. . Sub-charter or total or partial turnover of the rights delivering from. the contracts of af:.:.;:,eig.."l tment is permi tted. The Charterer, h~lever, remains liajle towards the shipowner tor the obligations by him taken OV6.'C' with the contract of affreightment. 60 Article 122 Prescription 'lhe rights deriving from the charter-party become time-barred within in one year. In case of time charter, the period of one year CO~ilences from the expiry of the contract or from the end of the latest voyage if the latter is prolonged according to the last paragraph of article 119; in case of voyage charter, from the end of the voyage. When the voyage has not been commenced or completed the period commences from the day in which the event took place which rendered impossible the performance of the contract or the continuation of the voyage. In case of presumed loss of the vessel, the limitation of time begins from the date of can cellation of the vessel from the register. CHAPTER 1.11 Article 12j ~~iage contracts By the contract of carriage of persons, the Carrier com:nits himself, in return of a fare, to tr~lsfer persons fvom a port to another. If perforned by means of ships, the carriage contract must be evidenced by a ticket issued by the Carrier indicating the place and date of issue, the place and date of departure, as well as the place of destination and the fare; if dhows are involved, the contract can be made ·1tSI'bally Unless otherwise agreed upon, the fare is paid in advance. The fare is inclusive of the transport of the passenger's luggage within the limits of quality, we~~ht, and volume established by the carrier or according/~ne customs. Embarka tion and landing of the passenger and luggage are charseable to the passenger himself, if not included in the fare. 61 Article 124 Transfer of the right to corriage and contract termination The right to carrioge cannot be transferred (a) without the express consent of the Carrier, (b) if the ticket bears the passenger's name, or (e) if the latter does not ap~ar an the ticket and the passenger has already commenced the voyage. If, prior to sailing, the passenger dies, or else an impediment arises for causes not imputable to him, which prevents him from commencing the voyage, the contract is terminated and one fourth of the fare is due, free of victuals if these were' included in the fare. If the impediment concerns one of the rela tives or persons belonging to the family who were to voyage together, each passenger can request contract termination under the same conditions. In the cases contemplated .Ln the preceding paragraphs the passengpr must inform the Carrier of the impediment ~efore sail ing; in default, the entire net fare is due. The passenger Who does not present himself on board within the time fixed must pay the fare, excluding victuals. The far.e, however. is not due if ~he right to carriage is transferred~ with the Carrier's consent, to others upon the pas senger's request; in this case, however, a commission is due to the Carrier on the fare, not exceeding 10%. If sailing is delayed, the passenger has right to lodging and victuals if the latter are included in the fare, for the duration of delay. If the Carrier oancels the departure of the vessel and the voyage cannot be made with another vessel belonging'to the Carrier; schedule to sail at a later date, the contract is terminated and the Carrier must' retu.:rn the net fare paid by the passenger~ If the voyage is interrupted for causes of force majeure, the fare is due in propartion to the distance already covered. The Carrier, however, has right to the entire fare if, in reason able time, he makes possible at his expenses for the passeng6r , to continue the voyage on a vessel of similar characteristics, furnishing him in the meantime lodging. and victua~s if the lat ter were included in the far6. If the passenger is compelied to interrupt t1E voyage for causes not imputable to him, the fare is due in proportion to the distance already· covared , If the voyage is int6rrupted 62 by the passenger he must also pay the net for the remainder of the voyage. The Carrier is liable for damages to the pas senger caused by delay or unfulfillment of carriage, unless he proves that the event is due to a cause not imputable to him. The prov1s10ns set forth in the present article can be derogated, also by means of a written agreement, in re~ation to the customs, for carriage effected by means of vessels not exceeding 150 GRT. Article 125 CarrieA's liability The Carrier is liable for accidents hurting the passenger deriving from facts which occurred from the beginning of embark ation up to completion of landing, unless he proves that the event is derived from causes not imputable to him. The Carrier is also liable, within the maximum limit of Sh.So.120 per kilogram, for the loss or damage of baggages which were delivered to him closed, unlGSS he proves that the loss or damage are derived from causes imputable to him. The loss or damages must be ascertained at the time of redelivery; in default, all rights to claim are lost. .The Carrier is not liable for the loss or damages to hand baggages and items not -delivered to him, unless the passenger proves that the same have been determined by causes imputable to the Carrier. Article 126 Prescription Rights deriving from. the carriage contract of persons are time-barred within 6 months from the passenger's arrivaL at destination or, in case of non-arrival, from the day in which the passenger shOUld have arrived. 63 CH[\.PTER IV CARRIAGE OF GOODS Artic Ie 127 Contr2.cts for the carriage of hoods By the contract for the carriage of goods, the Carrier commits himself, in return of a given price, to transfer goods from one port to another. Any contract to be perforoed by means of vessels of over 150 GRT'must be evidenced in writing, in accord~ce to the provisions of article 132, last paragraph. Article 128 Loading of goods Prior " the commencement of the voyage the Ca~r1er oust use due diligence in order that th~ vessel be prepared in good seaworthiness conditions, suitably rigged and equipped. He oust also take care that the holds and any other part of the vessal destined to loading are in good condition for the reception, preservation, and carriage of goods. In default of any contrary agreement the Carrier rec~iqes or redelivers the goods alonside under the vessel's tackle. At the time of loading of goods, and"in any case, before the vessel's sailing, the Shipper must deliver to the Carrier the bills of entry. The Shipper is liable to the Carrier for damages caused. to him by non delivery. The Carrier is not obliged to check whether the documents are complete and their indications corre'ct. On the goods delivered to the Carrier, or on their packings, the Shipper must place identification stamps in a manner that' they are visible st~l.4at the end of the voyage. The Shipper is 1,1able ,to the Oarrier for damages caused to him ioperfect af fixture of 3taopa, ' 64 Article 12~ Carrier's liability The Carrier is liable for the loss or damaGes of the goods carried from the moment of delivery to that of redeli very as well as for the damages caused by delay, unless he proves that the CQUSC of loss, damages or delay was not due to his fault, wholly or partly, or to the fault of his staff. The consignee, instead, must prove that the cause of loss, damages or delay was due to the fault of the Carrier or to the fault of his staff, when the damage was caused by: a) latent vice or unseaworthiness of the vessel not deriv ing from unfulfillment of obligations provided for in the preceding article, first paragraph; b) accidents or perils of the sea; c) fire not caused by the Carrier's fault; d) pirao'y; e) facts of war, civil riots and revolutions; f) orders of authorities having right to do so or other Wise, even for health purposes; . g) Court-ordered attachment; h) strike, lockouts, gen?ral or partial impediment to work; i) acts or attempts of assistance or salvage or deviation of the voyage for this purpose; 1) wrong stowage; m+ vice of the goods, wastage in volume or in weight, insufficiency of packings, insufficiency or imperfection of stamps; n) acts or omissions in general of the Shipper or his staff. In the case of non-liability envisaged in the two preced ing paragraph the advanced freight is not returned. Indemnization due by the Carrier cannot exceed, however, the real and intrinsic value of the goods and, in any case, it is limited to a maximum of ~,OOO Sh.So. for each unit of the cargo, unless the Shipper declared, before loading, the nature and value of the goods and this statement has been inclu~ed in the Bill of .radin.\'!. 65 &ticle 130 Derogability of the provisions governing liability The provisions set forth in the preceding article can be always derogated in favour of the Shipper. They can be derogated also in favour of the Carrier as regards the period of time prior to loading and that subsequent to the unload ing; and also for the period between the loading and unloading for the transport.of goods loaded on deck or on deckless ves sels and for the transport of live animals. Derogation can also b€ applied to transport along the coasts of the Terri tory as well as regards damages arising out of delays. Before third parties, the efficacy of the derogating clauses, save for transports cdrried out by means of deckless dhows is subordinated to their inclusion in the Bill of Lading. The above provisions can be derogated also out of the li mits enVisaged in the preceding paragraph, when a Bill of Lading is not issue d. Article 131 Loading and unloading time ,Unlees governed by the contraot, loading and Wlloading· time is established in accor-dance with localcu'stolIlS or, in default, by the local maritime au~rity, Which determines ~t, without any formality, in relation tp the meteorological con ditions, the available means, the vessel's structure and the nature of goods. Article 132 Impediment to sail and continue the voyage If the sailing of the vessel is prevent~d due to force .majeure, the contract is terminated; if the te ... lnination occurs after the loading the Shipper must pay unloading expenses. . If the sailing of the vessel or the continuation of the 66 voyage are teD~oT~rily prevented for causes of force majeure, the contract remains in force and the Shipper has no right to request freight reduction. If the iBpediment to sail is excessive or become definitive before the vessel's sailing, the first paragraph of the present article shall apply; if the impedinent becomes definitive dlITing the voyage the Shipper must pay unloading expenses and freight in proportion to the distance already covered, provided the Master has made everything in his power to transfer the . goods to the destination place by means of other vessels. The provisions set forth in the present article are derogable by means of a written agreement in relation to the uses to' be ex pressly indicated if transport by means of dhows is involved. ~rticle 133 2h~~er's ~.it~~~awal and incomplete loading Before ths sailing of the vessel, the Shipper can with draw from the contract paying half the freight agreed upon as well as loading and unloading expenses. Neverthless the Shipper can free himself, wholly or par tially, of such obligation by proving that the Carrier has suf fered no damage or a ninor damage. If the Shipper delivers a lesser quantity than that agreed upon, he must pay the entire freight, unless otherwise agreed upon. During the voyage, the Shipper can withdraw the goods loaded, paying the entire freight and reimbursing the Carrier any possible special expense connected with wlloading opera uons. A~ticle 134 Impedim~nt~~=~~~r~~~~a~~ delay in withdrawing the cargo If the call is prevented or excessively delayed due to force majeure, the ~fuster, if hs has .not received orders or the orders received cannot be carr£ed out, must provide in the best possible way in the interest of the vessel and cargo, calling at another nearby port or retur~ing to the port of departure. 67 . When the Consi@lce uGlays to withdraw the cargo or when a dispute arises as to the carrying out of the delivery, the Master can request authorization to the judicial authority to unload and deposit in a place established by the latter the goods on board, or, in case of failure of the Consignee to pay the freight due, to deposit l'<S much of the goods as it is necessary to cover the freight by sUbsequent sale. !FEc:l;.e 132 1.0s S ....2-L9-.;~tr~~~,~ii.9~~l:b~~~.!3..0 0 ds Loss and averages ~-;·'..:~i3:.'ed. during the carriage by the goods carried must be notified by the Receiver, in ~ontradictory to the Mast er or the Carr.i pr- I c, Repres entative, a t the tim.e of their redelivery, if loss or averages are apparent, or within three days from the redelivery, if the saBe are not apparent. In d ef'au'Lt of the ascertairunent in contre.dictory, the goods are presumed rede1iver~d by 'the Carrier in accordance with the indications contained in the transport docwnent or with what was agreed upon in connection with the transport~ Rights deriving from the carriage contract of the goods are time-barred within one year from. the redelivery o'f ~e goods, or in cas ..:l of total loss, from the day in which the goods should ra ve arri-red a.t destination• .~:i£le ~7 Issut3 a~'£'~~'l~.§.~~~.Sfl~,91--:th:3]3j..ll of Lading 68 been loaded on the vessel, must issue the Shipper a Bill of Lading. The Bill of Lading, dated and signed ~y the Carrier, or by his Representative? or the Master, must indicate: 1. The vessel; 2. The Carrier's name and domicile; , 3. The Shipper's naF2 and domicile; 4. Place and date of loading of the goods; 5. Destination place of the goods, and, when the Bill of Lading is no~inative, the nane or domicile of the Consignee; 6. The nature,. Quantity'and quality of the goods to be car ried as well as of the number of packages and their stamps; 7. The apparent condition of the goods and packages., The Carrier or his Representative, or the Master, issuing the Bill of Lading has the option to include his remarks in the s~~e when he ca~~ot carry out, wholly or partially, a normal verification of the indications furnished by the Shipper on the nature, qur1ity and quantity of the goods as well as on the number of ~ackages and stamps. In default or remarks, the above data are presumed to be in conformity with the indications of the Bi.ll of Lading,unless otherwise proved. Article 138 Originals of the Bill of Lading and transfer of the original Bill of Lading delivered to the Shipper The Bill of Lading is issued in two origin~ls. The origin al kept by the Carrier is signed by the Shipper or by his re presentatives, is not negotiable and contains the indication of non-negotiability. The original issued to the Shipper is signed by the Car rier or his representative or the Mas~r, and confers on the holder, entitled in accordance with article 140, the'right to the delivery of the goods thereby specified, the possess~on to the same and the right to oake use of them by disposal of the titIe. The original of the Bill of Lading can be to the bearer , to the order, or nominative. The transfer of this original is effected by t'he delivery 69 of the title, if to the bearer; by endorsing the title and signing of the endorser, if to the holder; by transfer made by noting> on the title the name of the acquirer to be oade by the person who has issued the Bill of Lading, or by endorsement authenticated by a notary, if nominative. Article 139 Duplicates of the Bill of Lading and delivery orders Duplicates of the original Bill of Lading issued to the Shipper can be issued on request of the person having right to dispose of the title; duplicates, however, do not attribute the rights indicated sub. article 138, third paragraph. Duplicates are not negotiable, must contain express mention of non negotiability and bear each the number of issue. The Carrier or his representative, when this has ,been agreed upon in the carriage contract, are obliged to issue, on demand of the person having right to dispose of the goods by disposal of the title, delivery orders on the Master or on the representative relative to single lots of the goods covered by the Bill of Lading. Ln this case, the Carrier or his representative is obliged, at the time of issue of the delivery orders, to take note of the same on the negotiable -original of the Bill of Lading, with the indication of the nature, quality and quantity of the goods specified in each delivery order, and with his own signaiure ~ld that of the applicant. They are also obliged to withdraw the negotiable original of the Bill of Lading when tre entire cargo covered by the Bill of Lading is divided among various delivery orders. Delivery orders issued in accordance with the preceding paragraphs attribute the rights indicated in the third paragraph of article l38;they can be to the bearer, to the order or nominative. The provisions on the issue and negotiation of the Bill of Lading are ap,licable to the above-mentioned delivery orders. 70 Article 140 Legitimacy of the holder of the reEresentative titles of the goods The holder of the negotiable original of the Bill of Lading or of the delivery order is entitled to the exercise of the rights mentioned in the title, upon presentation of the same or of an uninterrupted succession of endo~sements or in conse quence of tlw heading in his favour if the title is~ respectively, to the bearer, to the order, or nominative. CHAPTER VI CONTRIBUTION TO GENERAL AVERAGES Article 141 General averages Expenses and damages directly caused by measures reasonably taken according to article 93 by the lWaster for the safety of the vessel, persons, and cargo are general averages, whenever the damage voluntarily caused is not the same which would necessarily occur according to the natural course of events. Article 142 Damage sharing Unless otherwise agreed upon, in the transports carried out by means of dhows or ships not exceeding 150 GRT, damages to the goods. are shared 'only among Shippers, accQrding to the customs; any other expense is cillirgeable to the owner. In default of special agreements be~Neen the parties, for transports to be carried out by means of vessels exceeding 150 GRT, both the Shipper and the owner contribute the general aver ages; pursuant to the York-Antwerp Regulations (1950). 71 Article 143 Liquidation Unless otherwise agreed upon, the description, estimate, and sharing of general averages are made on an amicable basis at the unloading place of the vessel by means of one or more "average liquidators" jointly appointed by the Parties, or, in default, by the juiicial authority or, if the un10ading place is abroad, by the Consular Authority, or, in default, by local authorities. The danage sharing proposed by liquidators appointed by the above authorities must be submitted to the latter for con sideration. ¥ticle 144 Prescription Action for cor:.tribution to general averages is time-barred within one year fr(~ the date of the unloading of the goods. Q!i.APTER VII RESPOFSIBILITY F'OR COLLISION OF VESSELS......................... - ..:. !~:ticle 145 Oollisior:.: acciden-:?akfor doubtful causes, or for .££T~..on fault If the collision to).",C place due to an aocidental case or force maj eur-e , or if i-i; is not possible to ascertain the caus e of the sane, damage.s remain at charge of those who suf fered the same. If the cullision occurred for fault of one of the vessels, 72 inde.cmification of damage s is at charge of the vessel in fault. If the fault is corution to several vessels each of them is liable in proportion to the gravity of its own fault and to the extent of the relative consequences. Neverthless, the re fund is due in equal parts in the' event' thatit is not pos sible to determine the proportion due to particular circum stances. The vessels in fault are jointly liable for damages deriv ing from death or injuries of persons. AJ?ti91:.~ Obligation of as~i~~~~ in q~se of collisio~ After a collision between vessels, the Master of each is opliged to assist the other vessel," its crew and pc:ssengers, provided he can do so without serious danger to his vessel or the persons on beard. Likewise, the Master is oblig~d, as far as possible, to give to the other vessels the necessary information for the identification of his own vessel. ~,gle 147 Q~tract rela~ior~ Save for the' obligation of the vessels in fault to ~.ndemnify the damages arising out of death .01' injuries of persons, con templated in SU0. article 145 last paragraph, the provision~ regulating the liability for damages from collision do not a.~ply to the relatiJns of liability between persons bound-by labou~' or carriage contracts or by any other contract. Article 148-- :..... ~ ... ~.----:~ Pres c.Fi.p..t;i.J'A The right to obtrd.n the indemnification of damags s caus ed by collision of vcs.e eL is time-barred wi thin two years from. the day in wh.l ch -I.;he damage occurred. The right to re course for vessels 'vhi~h paid the whole indemnification, pur suant to article l,V5 ]r'.c+ nr:>Y'::>nT'~nh- ;'" +-i",,~'h~. -- .~ 73 A..Eticle 149 Damages deriving from actual collision The precedinG prOV1G10nS are applicable to the damages caused from displacement of water or other similar cause, from one ves sel to another or to the persons or things on board of the latter, even if no actual collision occurred. CHAPTER VIII ....,. , '~ , - ~!::t:;5)g 150 Obligation of ass~stance and salvage Assistance to a vessel in danger of being lost is oompulsory, as ,far as possible, without serious risk to the assisting vessel, its crew and passengers besides the case contemplated s~b. article 146. when persons are in danger on board the vessel. The Master of a vessel, during the voyage or ready to sail, who has knowledge of a vessel being in danger, is bound, under the above circumstanc 6S, when he can reasonably foresee a.useful. result, unl.ess he is aware that the assistance is given by other vessels in.conditions more suitable Qr Bimilar to those in which he could give it. When the vessel in danger is completely unable to maneuver, the Master of the assisting vessel is botmd, under the oLr cumstaac sa and wit~dn the limits above, to attempt the sa.lvage of the vessel or, if not possible, to attempt the rescue of persons on board. It is likewip-: ':'OffiiJllls()ry, within the same limits, to attempt to save persons who find themselves in the sea, in danger of life. 74 ~rtic1e 151 and reward The a s a Lstiarrc e and salvage of a vessel which is not ef fected against the express and reasonable refusal of the Master, give riGht, within the limits of the value of the properties assisted or salvaged, to the indemnification of the' damages s uffer ed and to reimbursement of expenses borne, as well as to reward, if the same have given an also partially favourable resu.1t~ 'The revv::.rd i::: fixed in proportion to the success obtain ed,' the risks run, rffo.rts made and time employed as well aa in proportion .to ·clf. c1.a:-"ger in whd.ch the properties assisted or salvaged wer-e a.'.. r . to the value of the same. No reward is 'In8 hy ?;'srsons saved. In cases of aes.s tance and salvage invo~'dng at. the same time more vessels to be as sisted or more aan..s t Ing vessels, a fair s~aring of damages, expenses and rewe::-as envisaged sub. the above paragraph is d fected, within tba limits referred to in the preceding para graphs. When tbe ressel is not rigged and equipped for the purpose of g-:.'·ing assistance, the reward for assistance of salvage is du( to the Shipowner by one third and to the crew by two" thirds, among whom the au.cunf is shared in proportion to the Nage of each member, taking into account alao the ef forts made by each member. ,P.~~:.tis'l.~ .. ~~5.l ~~rge of ~~R~£§es ~~r =indemnity and reward In case of as ei.s tan c e or salvage of a vessel, expenses for i.nd.::nmi ty and r ewr.rd due to the assisting vessel are shared among the nartie~ concerned in the vessel assisted, in'accordance with the rrovisions of the contribution to general average 5, als 0 when the r.s s i.s tanc e was not reque 8 ted by the 75 rooster of the vessel i..n danger or was given against his~usa~. Article 154 Prescription Any claim for indemnities and reward of assistance or salvage is time-barred within on~ year from the day in which operations were completed. CHAPTER IX SALVAGE AND FINDING OF SEA-WRECKS Article 155 ,SalvaR€ and salvager's obligation " Without prejudice to the right of the Ownar to provide directly, in the concurrence of several persons who int~nd to undertake the salvage of a wrucked vessel or other flot~am. preference is given to the person who, after locating the flotsam, has first denounced it to the Maritime Authority provi~­ ed that, within one year from location, he be~~~ salvage operations without SUbsequently stopping the same for a period exceeding one year. After commencing salvage, operations cannot be stopped or agandoned without justified aotive when a damage can derive to th6 owner of the wreck. W~thin ~an days from the arrival of the vessel which has cffec~eu ~e salvage or within ten days froo the completion of operations in case ,the salvage was made without using nau.tical means, t!'J,e salvaged property musf be delivered to the owner, or, if the latter is unknown to the salvager, to the nearest maritime authority. 76 A£.ticle 156 Indssnity and reward When obligations are carried out in connection with the delivery of the property salvaged, the salvage gives right within tb~ limits of the value of the property salvaged, to Lnd emm.f Lca ta.on of dana.ges and r-e i.raburs eme rrt of expenses. The salvager is also ~ntitled to a reward established in propor tion to the value of the property salvaged, efforts made and risks rlill, to the value of 2eans and materials employed and, if the vessel is rigged nnd equipped for the purpose of effecting salvages, to the general expenses borne by the Enterprise. As for the sharing of the reward, the provisions of Article 152 shall apply, in case the salvage was effected by nautical means; otherwise, the reward-is shared ~nong the persons Who cooperated in the salvage, in relation to the efforts made and risks run by each. Article 151 Salvage effeeted by the shipmaster Raoaining firo the provisions of Article 155 first paragraph, in any case the Master is preferred who i~diately after the wreck declares his will to become chief salvager. In default of agreement with the shipowner, the reward to the Master an~ to the other crew members who~operated in the 6alvage~ is fixed by the maritime or consular authority in pro ~ortio~ to the value of the property sa2vaged, efforts made and risks run. Article 158 Finding of sea-wrecks Anyone Who fortuitoudly finds wreclm on the sea,or by the sea thrown in a place belonging to the maritime demesne, must denounce the sarr~ to the nearest maritime authorit,y wi thin ten days from. the finding or wi-Ghin three clays from the arriVal of the vessel if the discovery occurred during sailing. The discoverer must also, whenever possible, deliver the property found to the owner or if the latter is unknown to 77 him and the value of the wreck exceed 5 Sh.So., to the above mentioned maritime authority. The discoverer who fulfills the obligations of deno~~ciation and delivery is entitled to tre reimbursement of expenses and to a price e~ual to the third part of the value of the property fOL~~d, if the discovery oc curred at sea, or to the tenth p~rt up to 800 3h.so. and to the twentieth part of the aflount in excess, if the finding oc curred in an nrea of them2ritime deQssne. Article 159 ~~.9;2e~s stl'andeq Cetaceans stranded ori the coastline of the Territory belong to the Administration. The discoverer who has denounCE it to the maritime ,authority within three days froD. the discovery has rig~t to a price equal to the twentieth part of the value of the cetaceans. Article 160 The maritime authority Which, pursuant to article 155 and 158, receives from thG salvager or the discoverer any property which Cill~ot be delivered to the owner because he is unknown, publishes a notice inviting the persons concerned to put forward their claims, within one year, in order to ('I"+."i ..... the delivery of the property. The Head of the Maritime Zone, de~ding on cases, can also order that the above notice be published in the Official Bulletin.' After One year has elapsed without the persons concerned having put forward theL clains or elso if claims have been rejected with an irrevocablE jUdgement, 'the property to delivered to the salvager or to the discoverer. Any item of artis tic, historic, archeologico.l, or e t h...i'lo[< phic interest as well as arras , are delivered to the Ad.r:J.inist~..:'~> .tion t save for, in any case, the right of the discoverer to indemnities and rewards prOVided for by the preceding articlc:s, 78 Article 161 Prescrij)tion The right to indemnities, rewards and prizes is tiille barred within two years from the day in which salvage opera tions were cOillpleted or from the day of finding. CHAPTER X PRIVILEGES j\rti~1e 162 Gen~a}~£L£yision~ .Privileges established .iii··--m-e-present Chapter are prefer red to any other genenal or special privilege. In case of deterioration or du~inution of the property on which a privilege exists, this is exercised on that which remains or is saved or salvaged •. The ~reditor having privilege over one or several properties, in the event that he finds himself losing due to the .fact that another creditor, vnl0se privilege of superior rank is extended to other properties of the same debtor, has been wholly or partially satisfied on the price, can subrog~te himself in the privilege belonging to the creditor satisfied, with preference to creditors having privileges of inferior J:'ank. The same r~'lt belongs tocreditors losing in consequence of said sUbrogation. The transfer of the preferred credit produc es also the transfer of the privilege. Article 163 Privileges on vessel and freiB~ The following credits have privile~e on vessel, property referred to sub. article 73, second paragraph, freight of. the voyage durLng which the credit has aris en : 79 1. Legal expenses due to the Administration or made in the common interest of the creditors for attachment or enforcement proceedings on the vessel; maritime duties; expenses for the custody and conversation of the ves sel Qfter arriving in the latest port; 2. Credits deriving iroD the emploY2ent contract of the Master and of other crew members; 3. Credits for the runounts advanced by the maritime ad ministration or by the consular authority to repatriate crew members; credits for compulsory contributions due for the so~ial assistance of sea-faring people; 4. Indemnities and rewards for assistance and salvage, and the amounts due for contribution of the vessel to general averages; 5. Indemnities for collis$IDn or for other accidents occurred during sailing and those for dSL~ges to harbour facilities and installations; indemnities for death or injuries to passengers and crew and those for 10ss6s and daoages to cargo and lUGge~e; 6. Credits deriving froD contra0ts stipulated and from opera tions c~ried out by the Master by virtue of his legal powers, even if he is the Oper~tor of the vessel, for conservation of the latter or for the continuance of the voyage. The priVilege on freight established in favour of the crew is extended to all the freights due for the voyages carried out in the course of the aame contract of erapLoynerrt , If the vessel is lost or da0-Eged, or the lreight is pnrtially or entirely lost, the following amounts and indenmities are bound to the paynent of the credit5 indi0ated above: a) indemnities for material damages suffered by the vessel and not repaired or for loss of freight; b) amounts due for contribution to the general averages suffered by the vessel, to s~ch an extent that the same constitute material damages.ot repaired or 10S8 or freight; 80 c) indemnities and rewards for assistance given up to the completion of the voyage, after deduction of the amounts attributed to the persons on duty on the vessel. Article 164 Plurality of privileges relative to vessel and freight, and themr order of priority Preferred credits of the latest voyage have privilege on those of the preCeding voyage. Neverthless, credits deriv ing from ~ single contract of employment, including several ~yages, concur in the same rank with the credits of the latest voyage. Credits relative to the same voyage are preferred in the order in which they are listed in the preceding article con cur together, in proportion to their amount, in the event of insufficiency of price, Neverthless, in the case indicated in the preceding paragraph, indemnities for damages to the persons, foreseen sub. n. 5 of said article, have preference on the indemnities for damages to the properties, foreseen in the same number. Credits indicated in N, 4 and 6, in each of the respective categories 1 have preference in the inverse order of the 'dates in which the same have arisen.' Credits depending upon the Sallle event are considered as arisen at the same time. Article 165 Exercise o~ the privilege on vessel and freight Preferred credits are applicable to vessels also when a third party becomes the Owner of the same. The privilege on freight can be exercised 50 .far as the freight is due or the amount is in )ossession of the Master or the representativej Article 166 ¥Xtintion of ~rivilages on the vessel and freight Privileges become extinct not only for the extinction of the credit but also upon the expiry of one year, except 81 those regarding credits indicated sub. 3rt. 163, n. 6 which become extinct at the expiry of the period of 180 days. The period rWLs, for privileges on credits for assistance or salvage, from the day in which oper3tions are conpleted; for privileges or indeanities due following to collision or other accidents as well as on those for personal injuries, from the day in which the damage was caused; for the privilege:~ relative to loss or averages to cargo or baggages, from the day of the redelivery or from that in which the redelivery should have been effected; for privilege of credits arising out of con~racts stipulated or frOB opGrations carried out by the Master for the conservation of the vessel or for the continuance of the voyage, frOB the day in which the credit has arisen; for privileges aris ing out of employment oontracts, from the day in which the crew member was repatriated to the place of employment. In all the other cases the period runs from the day in which the credit falls due. The power to request advances or partial payments has not as effect to have the credits under n. 2 of article 163 considered as collectible. The aforesaid periods are suspended until the vessel burdened with privileges could not be seized or distrained in the territorial waters of Somaliland; such suspension, however, cannot exceed three years froLl the date in which the credit has arisen. Privi18gss on the vessel bGcome also extinct a) upon decree by Which, in the case of Court-ordered sale of the vessel, the latter is transferred to the acquirer; b) with lapse of 60 days, in case of voluntary sale. This period runs f r om the date of regis"tration of the instru ment of sale, if the vessel is lying at the moment of registration in the registration place; and from. the date of its return to said place, if the registration of the sale takes place after.the departure of the vessel. Article 167 Vessel managed by Operator - not Ov~ The provisions of the preceding articles apply also in case the vessel is managed by an Operator-not Owner, Gxcept for the.case that the latter has acquired the availability fol lowing an illicit act and the creditor is aware of the same. 82 Article 168 Privileges on the properties loaded The following credits are privileged on the properties loa dad : 1. Legal expenses due to the Administration or made in the common interest of creditors for attachment or enforcement proceedings on the properties; 2. custom' duties due on the properties in the place of uXlload~ ing; 3. indemnities and rewards for assistance and salvage and the sums ~ue for ~ontribution to general averages; 4. credits arisi.:1g out of ca:'°r::i.age contra ets including unload ing expenses and t.he rent of war'eJ~lOL""S68 in which the proper ties are s tcr e d ; 5. amounts of capital and :Ln:l.;erest taken by the ,·traster on cargo in article 96. dUE for obligations under the oases envisaged sub. The c r e d i.br, indicated in the above numbers are preferred to those guaran-;3 ed by pawn on the propertie s loa ded , If the prl!p6·:,ties loaded are lost or damaged, the amoun t s due for indemniti3s of the loss or averages, including those due by the Insurers, axe bound to the payment of th:~ preferred credi ts indicated above, unless the same e mourrt s are used to repair the loss ar average., Articl~~ .l:§.2 prdEL:;: o-.Le!.~rri.t.'l~~B-g ..ext~g.~c~..;Lg!L.<:>~f~pr==i21i~.€?g~}L ~.t?:"t~e P.E 2J2.§}'..tJ=~~s..=1=C2.§.~E? ~, Preferred credits on the properties loaded ~JV6 preference in the order Lr; which thE, aame a r e listed in the p:"'6ce\.l.ing articlea Credits indicated sub J n. 3 and 5, in each of the respective ca te gor d s s , have pref~;:'enc6 in the inverse order of the dates in v:hich the same have ariseno Credits~ndicated in the other numl.e r s have preference, in each of the respective categories, ill the inverse order of the dates only when the same have arisen in differen~ ports 9 83 Privilegcs on the properties loaded become extinct if the creditor does not intimate opposition to the Master or does not start action within fifteen days from the unloading and before the legal transfer of the properties loaded to third parties. CHA.PTER XI MORTGAGE ~'--'- . !r1i ~le~~AIQ Canc,es §> i 01?:".J~9.l'm~~~(t.J2l~-l;?b.j. cit:t Mortgage on the ~"'3SS62. can be granted only if voluntary. Unless otherwise agreel upon, the Dortgage does not extend to freights. The concession of a mortgage Dust be made, under pain of nullity, by public de ed or private instrument containing the specific indication of the data to identify the vessel. The mort gage has no effect tmvards third parties if not made pUblic in accordance to articles 76 and 770 :!).2:1..i q,1e 173;, SUbroga t=h'~E-.. oJ i;.h~~.~~!).<:lemni..t;;y to the vessel If the vessel is lost or damaged, the fo.llowing indemnities and sums are bound ~jO the payment or mortgage credits, unless the same are em.ployed in ::epairs of averages suffered by the vessel : a) indemni ties ,~ue to the owner for damages suffered by the vessel; b) sums due to Ghe owner for contribution to general averages suIfered by the vessel; c) indemni tieE', due to the owner for assistance or salvage, in the everrc that as s i.s ta.nc e or salvage took place after. the transcl'iption of the m01.ct~8.foSe and the sums have not been collected by the owner before the distraint of the vessel; d) indem..ni ties relati.ng to insurance. 04 Article 172 Rank of ~ortg§ge and extension of t;~~tfec~~ of ~!E~~S.Eiption The mortgages taken rank from the illo@ent of transcrip tion in the register of the vessel~ The @ortg~ges takes ra~~ following the privileges indicat ed sub. article 163 and is preferred to any other general or special privilege. Transcription of mortgage puts on the same rank expenses borne for the Lns trrumentc of constitution of mortgage, those for transcription and renewal, and ordinary expenses to intervene in the enforcement proceedings. For greater legal expenses the parties can extend the mortgage, following a specific agreenent, provided the relative transcription is made. Transcriptions of a mortgage producing interests puts on the same rank the interests due, prOVided their extent is shown by the transcription. The calculation of interests is limited to the preceding year and to the year of the day in which the vessel has been d1strained. The parties, however, can agree that such calculation extend only to the interests relative to one year. Article 1:.11 Prescriuti on ::.::~;;.,;;;.;::..:::.~. The rights deriving fr02 the concession of mortgage are t~~e-barred within two years from the expiration of the obliga tion. b5 PROCEDURAL PROVISIONS .~~.. '.-~. -'-........~'="".,'------=':... CIL\PTER I INQUIRIES MiD LAWSUI~S FOR MiRITltm ACCIDENTS Article 174 Swnrr§£l inq~ir;y The authorities indicated sube "article 27, after completion of assistance operations, mus t make eunmary inquiries on the causes and circumstances and take the necessary measure to keep lli~der control things and elements useful for further investiga tions. If the vessel invelved in the accident flies a foreign flag, the above authorities can proceed as indicated above only if Somali vessels are also involved or if damages to the Administra tion have arisen. The inquiring authority draws up a report re garding the investigation made and measures taken in order to keep evidence of the accident. Art~-21e I} 5, Report to the J\~dicial Authority If the above-mentioned report drawn up by the inquiring authority or the investigation report referred to sub. c), first paragraph, article,...5..1, both to tbe forwarded to the Head of the Tharitime Zone, evidence that the shipwreck or abandmn ment of the vessel, death or injuries to the persons are presum ed to be caused by fraud or fault of anyone, these reports ac com.panied by further details from investigations considered necessary, must be forw~rded by the Head of Maritime Zone to the JUdicial Authority. 86 Article 176 Amicable settlement of lawsuits for maritime accidents For lawsuits.concerning a) damages resulting from ~ollision; b) damages caused by vessels while anchoring and mooring or engaged in any other maneuvre in ports; c) damages caus~d when using loading and unloading facilities, when handling goods for embarkment and dis embarkment operations, including transhipments; d) damages caused by vessels to fishing nets and facilities; e) indemnities and rewards for assistance, rescue, and aalvage; f) reimbursement of expenses and prizes for the finding of wrecks. The parties, before resorting to the judicial authority, must request the intervention of the Harbour tfuster who must try to induce the parties to come to an ~T~cable settlement. If the latter is reached, a proces verbal is drawn up, sign ed by the parties and 'other appearances)' constitutes an enfor-ce. able title. If the settlement is not reached, a proces verbal is draDlup, enclosing also all the papers relative to possible findings of facts, which is signed by the parties and other appearances. Article 177 Probatory effectiveness of the inquiry shown by reports drawn up in case of maritime accidents and averages In lawsuits for maritime accidents, the judicial authority resorted to orders tl~t the reports resulting from summary inqmi ries and those showing failure to reach an amicable settlement be officially recorded. For the examination of the sharing of gene~al average pur~ suant to article 143, the judicial authority orders the official recordina of r'PT1nl"+<:: "I":":I"'-+-';~~ +'-~~ .:, J .:. ~ 1..: . .:,- -------"-.-~..... 87 with the provisions of article 51, first psrBgraph, c). Facts evidenced by the above reports are considered as ascertained but the parties concerned can afford evidence to the contrary. CRAPTER II ~. LABOUR DISPUTES !rticle 178 Amicable settlement of disputee In disputes concerning : a) labour relations of sea-faring people, also if the dispute is brought by persons of the fa~Jly of the seaman or by other persons entitled-to do so; b) performance of port activities and relative wages; c) wages due to the operators of sea craft and facilities employed in loading and unloading operations of goods and embarlanent and disembarkmen~ of persons. The parties before resorting to the judicial authoriilf, oust sub.mi t the dispute to the competent "labour offic 6" which, whenever possible, will be assisted by the Harbour Master in order to possibly reach an amicable settlement. CHAPTER III ENFORCETh~fT ltND OTHER COURT -ORDERED STEPS Article 179 Object of enforcement and other steps Enforcement and other Court-ordered steps can have as object ships, dhows, and sea craft or their fractions of pro perty. If the object of such steps are fractions, the competent JUdge can, after hearing the' j oint-owners not debtors, authorize the distraint or seizure of the entire vessel when the fraction of the joint-owner debtor exceeds half the property; in this vU 'x· )..\'': ,J ·case, the right competent to the joint-owners not debtors on their fractions is converted into a riGht on the correspDnding part of the award )rice and is exempt fro~ any participatioG to the expenses of the enforcement or other Court-ordered procedures. Ships and dhows ready to sailor while sailing CaID10t be object of elu'orcement provided that debts deriving from the voy~ze they are about to commence or which they con tinue are not involved. Ships and dhows are considered to be readY' to sail when they have received. clearance in accordance to ar t i 01 e 52. Article 180 Procedure Enforcement and other Court-oriered steps are authorized and directed by the competent judicial authority, according to the original procedure foreseen for i~ovable property and the provisions set forth in the subsequent articles. Article 181 Injunctions. Injunctions, the term of which is reduced to 24 hours, become null and void after thirty days have elapsed without the distraint has been carried out. Article 182 Contents and n~ification of the a~t,of distraint anq of the attaclLment order The act of distraint and the order authorizing to effect a Court-ordered attachment must con~ain also the data to idantify the vessel and the order to the ~~ster not to let the vessel sail. They must be notified at the behest of the creditor to the owner and the Master of the vessel. ":1.rticle 183 Enforcement against the Owner-not Operator When actions are instituted by the creditors of the Operator not Owner, who have a maritime privilege, the enforce able title, the injunction, and other authorising Court-ordered 89 attachment, must be notified also the Owner not Operator. In the above case, the distraint and, in general, enforcement steps are fulfilled in respect of the Owner not Operator, to whom all the provisions regarding the debtor are appl:ied, except far the prohibition to make offers to purchase the vessel. Article 184 Notifioation to the Enrollment Board and steps to prevent the ,vessel from sailins. The distraint order and the authorization to attach are notified, by the creditor, to the Enrollment Board. The competent judicial authority, and, after nQ~ification, the maritime authority can take the necessary measures to prevent the vessel from sailing. Article 185 Administration of the vessel distrained and attached On the request of the party concerned and who advancea the sums necessary, the competent jUdicial authority, after heering the mortgages and prescribing the guarantees and- other mG~sures considered suitable, can authorize 'the vessel distrain ed or attached to effect one or more voyages. The freight, after deducting the expenses to be reimburs ed to the applicant within the limits of the deposit effected, increases the award price. Article 186 ,icity of the transfer of the awarded vessel The decree Whereby the vessel to the acquire cancel the transcription pursuant to article 76. the Judge, after the sale, transfers and orders the Enrollment Board to of mortgages must be made public ::;Iv BOO Ie V 'MARI TIlYIE CRIT,IES CRIMES AGAINST THE SHiP'S AND NAVIGATION POLICE Article 181 Non-compliance of orders by crew meillbers Any crew member who fails to comply with an order given by a superior concerning a technical service of the vessel, is punished by imprisonment up to 3 months. Should not compliance concern a service relating to the maneuvre of the vessel, the puniehment is imprisonment fro~l to 6 months. Should this fact cause a remarkable trouble to sailing or a danger to the life and safety of persons or to the security of the vessel, the punisl~ent is imprisonment from 4 months to 2 years. Ii the order given relates to the safety of the vessel or to assistance to another vessel or persons in danger, the punishment Ls imprisollinent iroml to 3 years. Ar t i CLl~.-1§.§. Non-compliance of orders by passen~ers Any passenger who fails to comply with an order concern ipg the security of the vessel is punished by imprisonment up to 3 months or bya fine up to Sh.So. 160. Arthcle l~~ Ahandonment of the vess~±-by the ~ste~9r by crew members The ~~ster who, in case of abandonment of the vessel, does not leave it last, is punished by imprisonment up to 2 years. 91 -. Or ew ~iie.":.bers who , r;j.tl:out the consent of theL,Jaster abandon the vessel in danglE' are pund.ehe d by Lmpr i.s onmerrt up to 1. y ea.r e !2:=l;.'.ti2}· e-1:.90 Loadil1&.-9~L...§.r.IT!.§ t amJ:x:,u"l:lLti2E- L:~nd persons for cri.w.~na1 The ~fuster of a vessel, also if foreign,. who loads arms, ammunition, or persons, in order to commit a crime is punished, if the La t t er is not c omru t t edv by imprisonment from 6 months, to 2 years, save for the case that this fact constitutes a crime SUbject to other regulationso CHAPTER II ....-~. ......~.'E"•. ,;:z....,...~,. CRlME.~...J~I!4.~)'mT SJ!f...J?~~ JiU~B.QBIT~ES OR AGAINST C q;N.§JI.LAR ;~UTHQ.RI~JE~ Any cx e« memb er 'N::.O uIfends the honour or prestige of a superior, in presence of him? owing to or in the performance of his duties, is pW1ished by imprisonment from 3 months to 2 years. '2:11e this fact add.r es s ed Se..'T~ iilUlishment is ir:.flicted by telegraph o~ telephone, in to a superior and relating to upon anyone who commits writing or by!ffrawing his dutiesQ Pr.r.Lshmerrts are Lncr aas ed up to one third when this fact is coru~itted with violence o~ m.enace or when the offence is made in presence of one or more persons. 92 fir .~ ~.c)..~~. ~~g I.Iutin...I Crew members e.re considered Llutinied. and are punished by im.prisonment f r ozi 3 .aorrths ·~o 2 years, when, in number not less than ane third of the enti~6 crew, they: 1. do not comply with an order given by the Master, collectively or after agreement; . 2. collectively abandon themselves to tumultuous disturbances. Crew members who upon the first intimation carry out the order or desist from. particip~ting in the disturbance, aI'e sUbject only to punishment for acts which they have alreadY committed, whenever the same constitute u di£ferent crime. The punishment is increased from 6 months to 4 years: 1. if the mutiny is cOmfliitted under such conditions that it is not possible to resort to police; 2. if., non-compliance concerns an order relative ti:: a service connected with the safety of navigation or else if the fact is committed with the purpose of interrupting the voyage, changing its route or threatening the security of both vessel and cargo; 3. if any of the persons is manifestly armed or the fact is committed by threat~ For promoters, or.ganizers, and heads, the punishment is increased up to one third. Artic1;.D93 F~:i:l- ~-t2 .l?!..ev<?nt a crime Any crew member who, on being present to acts of threat or violence against a superior in the performance of his duties, fails to give assistance or help, is punished by imprisonment up to 1 year or by a fine up to 3h.30. 400. The s~ne punishment is inflicted upon any crew m.ember Who, on being present to the lilutiny referred to in the precedinG article does not make sve1::,~thing in his power to break up the meeting or thwart the disturbance. ~c~l.~.f:3.J, Plot again~t tpe M~ster Crew .lIlember:3 who, in nunber of three or nore, agree with the purpose of committing s crime against the life, safety, individual freedom or the performance of the Master's powers, are punished, if the crime is not c omnii, tted, by imprisol"..illent up to 3 years. For promoters and organizers the punishment is increased up to one third. Crew members who, having knowledge of the plot, fail to inform the Master of the sane, are punish ed by imprisonoentup to 1 year. The punisrunent to be applied, however, is in any event less than half of that established for the crime to which the plot refers. ~:r.it2.1e 1;,,22 Non r6patri~i2g of citizens The Master of a vessel bound for a port of the Territory who, without justified reason? fails to comply with the request of the Consular Authority for the tranq:Jortation of citizens in accordance with Art. 57, second paragraph, is punished by imprisonment up to 6 months or by a fine up to 3h.30. 800. CHAPTER III CRIMES AGAINST THE SAFETY OF NAVIGATION ~. ..........-. -..."","..-.~= [:];:1i c l~:; 196 Performance, arbitrary resoval~~nd omission of si.«naLs ~. Anyone who arbitrarily orders or mill:es some of the signals used for sea naVigation or r~lloves these signals is punished by imprisonment up to 1 year or by a fine up to Sh.So .. 800. The same punishment is inflicted upon anyone who, on being obliged to do so, fails to pl8,ce the above-mentioned signals or fails to take the, measures required for this purpose~ 94 If this fact causes danger of fire, &hipwreck or submersion of a vessel, the punishnlent is imprisonment froQ 1 to 5 years. The provisions of the present article do not apply if the fa.ct· is contemplated as a graver crime by other provisions of the Law. If any of the facts enVisaged in the present article is com mitted by fault, the punishment is reduced by one half. Article 197 Failure to give assi6tance The Operator or the ~aaster of a vessel who, on being so requae:~&d by the competent authorities pursuant to article 27, third paragraph, fails to cooperate in assisting a vessel in danger or damaged, is punished by imprisonment from 1 to 3 years. Article 198 Abandonment of command and of place The Master who without necessity abandons the nautical direction of the vessel in such conditions tnat the same must be taken by a person not qualified to replace him, is p~~i8hed by umprisonment up to 1 year O~ by a fine from Sh.30. 200 to 800. The punislUllent is increased up to one third if this fact is committed in those cases in which the I~5ter has the obliga tion of personally directing the maneuvre. Crew members Who, during the perforlnance of a service pertaining to the safety of navigation; abandon their place, are punished by imprisor~ent from 3 months to 1 year. Artj.cle 199 Conditions for greater pw~isl~ent In the cases foreseen in article 196 and.198, the punish ment is imprisonment from 2 to 8 years, if the fact causes fire, shipwreck or submersion of the vessel. 95 CHAPTER IV CRIMES AgAINST PUBLIC FAITH Article 200 False statements The Master of a vessel, who, with the purpose of obtaining for himself or others an advantage or of causing to others a damage, makes false statements in reports to authorities as. well as in the log-book ~saying that a fact was by him performed or done in his presence, or reports statements which he never received, or els~ deletes or alters thestatem.ents received, or falsely confirms facts contained in the aforesaid reports or in the log-book which are destined to serve as evidence, is punished, when the fact does not constitute a graver crime, by imprisonment ·fron 6 months to 4 years. Article 201 Abusive use of the flag, Anyone hoisting o~ using the flag of the Somali Merchant Marine on a foreign vessel is punished by imprisonment up to 1 year or by a fine from Sh.So. 200 to 1,000. Article 202 Use of false identification marks Anyone who, with the purpose of obtaining for himself or for others an advantage or of causing to others a damage, af fixes on the vessel a false identification mark is pund.ehed by imprisonment . up to 1 year. The punf.shmerrt is imprisonment up to 2 years and fine up to Sh.So. 400 if the culprit employe the documents of the vessel the mark of which he has abusively used •. Article 203 Abusive concession of name for the construction of a vessel Anyone Who, on being qualified to the construction of ves eels, consents the use of his name for such construction to a 96 person not authorized,. is punished by a fine from. Sh.So. ~:'80 to 800. The same punishment is inflicted upon anyone who uses the name of othGrs. If the construction has already been start ed, the punishment is increased up to one third. Article 204 Abusive use of sailin& books Anyone who, with the purpose of obtaining for himself or for others and advantage or of causing to others a damage, uses a sailing book belonging to another person, is punished by imprisolunent up to 1 year unlese the fact constitutes a dif ferent crime against pUblic health. CHAPTER V CRIMES AGAINST THE OWNERSHIP OF THE VESSEL OR CARGO , J Article 205 Piracy The Master or officer of Somali or foreign vessels who commit acts of depredatton to the d~mage of a Somali or foreign vessel or its cargo, or for this purpose commit violence against persons on board Somali or foreign vessels, are punished by impriso~nt from 10 to 20 years. Article 206 Taking possession of the vessel Crew members of a vessel who take possession of the same are punished : 1. by imprisonment from 10 to 20 years if the fact is commit ted with violence or threuth against the Master or the other officers; 2. by imprisolli~ent from 3 to 10 years if the fact is commit ted clandestinely or by fraudolent.m.cans. 97 For promoters and heads the pWlisllment is increased up to one third. If the fact is comnitted by a p cr e on extraneous to t~le crew the punishment is rec:.uced by oue third. Art~E~le . 207 False route The Master of a vessel who, in order to obtain for himself or for others an unfair benefit or to cause to others a damage, take a a false route, is pun.l shed by imprisonment from 1 to 6 years and a fine up to Sh.So. 800. If the fact causes a danger of fire, shipwreck, or submersion of the vessel, the punishment is increased by one third. If the fact causes fire, shipwreck' or sUbmersion, the punislunent is iopriso~nt from 2 to 10 years. Article 208 .. ~ Embezzlement of wrecks Anyone who embezzles the wreck indicated sUb•. art~cle 158 U~ the cases in which he has the obligation of denounciation, is punished by imprisonment up to 2 years or by a fine up to 5h.30. 1,000/-. Article 209 TakinB possession o~ ~~~~2iP.wr.§~~edvessel Anyone who takes possession of a shipwrecked, submerged or abandoned vessel is punished by imprisonment from 1 to 4 years and by a fine from ShoSo. 160 to 800. 98 CHAPTER VI CRItmS AGAINST PERSONS ~~~ ...... Ar~121~?lq Abuse of autho..:ity -....----......,. "..... I The Master who subjects to rigorous measures not permit- . ted by the Law a crew member or passenger or a person imprison ·ed.Jt and entrusted to him in custody or for transport, is punished by imprisonment up to 30 months, provided the fact does not constitute a graver crime. The same punishment is in flicted upon those to who~ said person has been entrusted. The punishment cannot. be less than 6 months when the fact is committed for personal reasons or against an ill person or a minor or a major of seventy or a§ainst women o Article 211 Disembarkment and arb~trary abandonment of persons The Master of a ship who arbitrarily disembarks a crew member or a passenger' out o.f the territory, or abandons them avoid ing their return on board or anticipating the ship's departure, is punished by imprisonment from 6 months to 3 years' and a fine from Sh.So.80 to 240/-~ The punishment cannot be less than ~ year if the person disembarked lacks the necessary means of subsistance or to repatriate. The punishment is imprisonment from 1 to 6 years if the fact causes personal inj~ries; from 3 to 8 years if it causes the death. The above punishment are reducAd to two thirds in case of disembarkment or abandonment within . their national territo ry. ::J'J Article 212-- -.......~ Failure to..1l~ve assistance The Master who, on finding abandonment a Somali Seaman in a foreign country inmic~ there is no Consular Authority, fails without justified reason to give him assistance on board and repatriate him, is punished by imprisonment up to 6 months or a fine up to Sh.So. 240/-. If failure of assistance involves several persons, the pum.ahn» n.t is doubled. The punishment ms imprisonment from 1 to 6 years if the fact causes personal injuries; from 3 to 8 years if it causes the death. Article 213. Failure to assist vessels or persons in danger The Maste!' of a national or for eign ship,' dhow or craft who fails to 'give assistance to vessels or persons in danger or else fails to attempt salvage in cases in which he is obliged to do so under the present Code, is punishe d by imprisonment up to 2 years. The punis~ment is imprisonment from 1 to 6 years if the fact causes personal injuries; from 3 to 8 years if it causes the death. If the fact is committed by fault, the punishment is imprisonment up to 6 months; in the cases indicated in the pre ceding paragraph the punishment therein foreseen are reduced to the half. Articlf§.. 21.1 Lack ofneces~!~victuals The Ma~ter of a ship who causes the lack of victuals necessary to the persons embarked, is punished by imprisonment from 1 to 6 years. If the fact is committed by fault, the punishment is imprisonment from 1 month to 1 year or a fine up to Sh.So. 500/-. i -. :""~ ! .... "J I CHAPTER VII INFRINGEl~NT OF THE PROVISIONS GOVERNING THEMARITIMF DEMESNE Article 215 Abusive occupation of demesnial areas Imprisonment up to 6 months or a fine up to Sh.So. 400, if the fact does not constitute a graver crime, are inflicted upon anyone who arbitrarily occupies an area of the maritime demesne, prevents public use, or makes unauthorized innovations on the same , Article 216 Abusive extraction of stone and other materials Anyone who extracts materials referred to sub. Article 17 wi thout .L.a Li.csnce to do so, is punished by imprisonment up to 2 months or a fine up to Sh.So. 80/-. Article 217 Abasive storage of goods and failure to remove th~ same 1. Anyone who stores goods and other materials in the places indicated sub. Article 23 without being authorized by the Customs Authority. 2. Anyone who does not comply with the order of removal of the material stored :. a fine up to Sh.So. 400 is imposed upon. 101 CHAPTER VIII INFRINGEMENT OF THE PROVISIONS GOVERNING POLICE, PORT SFRVICFEJ ~ND PORT OF CALL Article 218 Fishing, use of explo~ves, and lighting of fire~in areas in which they are prohibited Anyone who, in the areas indicated sub. article 30; car ries out fishing activities without being authorized by the maritime authority is punished by a fine up to Sh.So. 40~ Any one who, in the same areas, without being authorized by the maritime authority uses explosives or lights fire and lights which can interfere with the maritime signalling service; is punished-by imprisonment up to 3 months or by a fine from She So. 16 to 300/-. Article 219 Abusive ha~bour contracting Anyone who performs harbour contracting work without having the concession indicated sub. article 33, is pw1ished by imprisonment up to 1 year ,or a fine up to Sh.So.800. CHAPTER IX INFRINGEMENT OF THE PROVISIONS GOVERNING THE EMPLOTI'~NT OF SEAFARING p~Qrl& Employment and undue assignment of minors The operator or the master of the ship, dhow or sea craft referred to sub. article 35, second paragraph, who em ploys a person under fifteen years of age, out of the cases lO'::: envisaged sub. article 36, fourth paragraph, or else who assigns a person under eighte6n to engine services is punished by a fine from She So. 40 to 4001-. CHAPTER X ~NFRINGEMENT OF THE PROVISIONS GOVERNING THE OVfflERSHIP. OF THE VESSEL Article 221 Non compliance with the provisions relating to the abandonment of the ship's flag Failure to comply with the provisions sub. article 43 and 44 is punished by imprison~6nt up to 6 months or by a fine up to She So. 8001-. Article 222 Non compliance with the provisions governing the demolition of the vessel Anyone who carries out demolition as per article 46 without being authorized to do so, is punished by a fine from Sh~So~ 40 to 400/-. CHAPTER XI INFRINGEMENTS OF THE PROVISIONS GOVERNING NAVIGATION POLICE Article 223 Non compliance with the provisions governing the us~ of flag, identification mark, and ship's docurmnts A fine up to Sh.So. 160 is imposed upon: 103 1. The ship's Master who does not hoist the flag when required; 2. The Shipowner or Master who does not comply with the provis ions on the use of the name and identification mark of the vessel; 3. The Master who sails without having the required ship's docu ments on Board. Article 224 Failure to renew ship's docMments The Owner of a vessel who does nat timely renew the ship's documents is punished by a fine up to 311..30. 4001-. Artiole 225 Nan compliance with formalities at the departure or arrival in porie The Master of a Somali or foreign ship or dhow who at departure or arrival does not comply - lwith the required formal ities is punished; when the fact does not constitute a graver. crime, by a fine up to Sh.So. 400/-. Article 226 Refusal to cooperate in the salvage Crew members, in case of shipwreck of the ship, on being requested by the Master or by the competent authority, who refuse to cooperate in the salvage of the wreck, are punished, if the fact·does not constitute a graver crime, by a fine up to She So. 160/-. Article 227 Presentation of claims The Master Who, without justified motive); prevents a crew member or a passenger from landing to present claims to the authority concerned, is punished, if the ·fact does not constitute l04 a graver crime r by a fine from Sh.So. 8 to 400 • . Artic Ie 228 Prohibition of shelter The Master who, abroad, gives shelter o.i board to persons, also if Somali citizens, searched for by the competent authority for haVing committed a common crime, is punished by a fine up to sn.se, 800!-. CRAPTER XII INFRINGID[ENTS OF THE PROVISIONS GOVERNING THE SAFETY OF NAVIGATION Article 229 Unauthorized sailing The Operator who uses a ship, dhow or sea craft not qualif ied for sailing or prior to the issue of the documents evidenc ing the seaworthiness requisites, is punished by a fine up to Sh.So. 800. The same provision applies to the Master but the punishment isr educed by not less' than one third~ Article 230 Failure to comply with maritime signallipg rules The Master of Somali or foreign ships, dhows or sea· craft who does not comply with maritime signalling rules; is punishsd by imprisonment up to 6 months or by a fine from Sh.So~ 40 to 800l-. Article 231 Non compliance with the rules on the composition qf the crew and undue assignment of duties 'flhp ()nr-r-f-1T.n1'" o r Master who doe s not comply with the rules l05 set forth in article 98 on the composition of the crew is punished by a fine from Sh.So. 24 to 240. The Operator or Th~ster who, with out justified motive, assigns certain duties to persons who are not q.ualified to carry out the same, is punished, if the fact does not constitute a graver crime, by a fine from Sh.So. 40 to 400/-. CHAPTER XIII INFRINGEMENTS OF THE PROVI SIONS GOVERNING THE MARITIME HEALTH CONTROL SERVICE Article 232 Failure to take prophylactic measures The Master who does not take adequate prophylactic measures to safeguard the health of passengers and crew in infected ports is punished by imprisonment up to 1 year or by a fine from She So. 40 to 400/-. . Article 233 ,A.busive em.b!lrkll1ent of ill passengers The Carrier or Master who, without being authorized by the competent authority or with disregard to the precautionary measur es established by the latter takes on board a passenger manifestly affected by a serious disease or by a dds eaae . dangerous to the safety of navigation or to the passenger's health, or else a person who was forbidden, by the competent authority, for health reasons, to embark, is punished by imprisonment up to 6 months or by a fine from Sh.So. 40 to 400/-. CHAPTER XIV INFRINGEMENT OF THE PROVISIONS GOVERNING SEA-FISHING• Article 234 Abusive fishinG Anyone who, without the concession or licence referred to sub. article 67 : 1. Carries out major fishing activities, is punished by a fine from Sh.So. 80 to 800/-; 2. Keeps breeding installations for fish and other acquatic animals, is punished by a fine from Sh.So. 30 to 80/-; 3 t· Carries out minor fishing a ctiviti es, is punished by a fine from sh •.s6. 30 to 300/-~ Articl e 232 Fishing with prohibited means Anyone who fishes in the manner specified sub. article 71, first paragraph, is punished by imprisonment up to 3 months or by a fine up to Sh •.So t 160. Anyone who collects and sells fish and acquatic animals caught in the above manner is punished by a fine from Sh.So. 30 to 80/-. BOOK VI PROVISIONS GOVERNING DISCIPLINE ~~gJ§' Disciplin~y~~ The disciplinary power is exercised by : 1. The Master over crew members and passengers, also if foreign; 2. Barbour Masters on sea-faring people, people in charge of maritime services in ports and persons indicated in article 28, first paragraph; 3. Consular Authorities abroad on crew members. Ar~icl-e 2~1 Disciplinary ~~fringements The following facts represent disciplinary infringements for sea-faring people, persons in charge of maritime services in ports 101 and persons indic~ted sub. article 28, first paragraph, when the infringement does not constitute a crime under the. present Code; 1. Refusal or delay to comply with an order 6iven by the Master or other superior; 2. Non compliance with the provi~ions governing the performance of the port activities; 3. Ne ,ligence in the performance of one's own duties; 4. Lack of respect towards superiors; 5. Absence from board without authorization; 6. Lack of respect towards maritime or consular authorities; 7. Disorders on board and, in general, behaviour causing disorder and indiscipline on board or inconsistent with the requirements of order and discipline. Article 238 Disciplinary punishment for crew members Disciplinary punishment for crew ~€mbers are 1. Confinement on board from 1 to 5 days. 2. Non-payment of the wage from 1 to 10 days or of a share of profit from 2 to 24 Sh.So. The punishment sub. 1 is enforced by th6r~ster or by the Harbour Master as well as by Consular Authorities abroad~ The punishment sub. 2 is enforced by the Harbour Master • .Article 2.19 Disciplinary punishment for EeoEle-1n charE€ of port services The disciplinary punishment s for people in charge of port services is non payment of a quota of their y,iage from 2 to 24 Sh.Bo.; the above provisions is enforced by the Harbour Master. .. v ,' ' Artie +-13 .?..4Q Disciplinary punishme~t~t?~~~~~~~rcisingsn activity in uor'ts .. •'-~'~L-<.o ' The persons indic8·~cC:. <;llbo article 28, first paragraph, for disoiplinary infringeme~t8, can be prevented from accruing put their activity up to 10 d~ys by the Harbour Master. ~ r t J:£.l~1..4.! Disoip1ina~y inf~i~~ements of passenger~ If the fact does not constitute a crime, disciplinary infringements of passengers are the following : 1. Lack of respec~ towards the Master of other persons in charge of ship services; 2. Trouble 'to other passengers and crew; J. Trouble in whatevel' manne r to the order of the shd.p , A:r;~.~g.l.§..-?.~g Discip1inar~~~~~2E~~t fOE-l§~.~~s Disciplinary punish~6n+'~ for passengers are : 1. Simple warning; 2. Public warning. Passengers can also be prevented from remaining on deck for over 5 hours a day, for not over than 3 days. Ar ti9.J·~.. 2~1~. Disciplina!XJl=ower,,}.n.c§f?e. 9f 1? s.~ 91 the vessel In case of loss of the vessel, persons who constituted the crew remain subject to the disciplinary rules so long as they are under the Master t s auchor i, ty for sa l.vag e operations. 109 Article 244 Prohibition of a cumulation of disciplinary punishments Disciplinary punishments cannot be enforced cumulatively. In case of plurality, the gravest is applied. TRANSITORY AND FINAL PROVISIONS Article 242 Demesnial concessions Maritime demesnial concessions and fishing conc6ssions already implemented at the time of the entry into force of the present Code are in full force until expiration established in the relat ive instrument. Article 246 Port tariffs Port tariffs in force at the time of the entry into force of the present Code are considered as fully valid pursUGnt to previous legislative provisions • .Article 241 Tax exemption for the enrollment of sea-faring ~eople and employment contracts Application for the enrollment of sea-faring people and employment oontracts of sea-faring people, including all the related acts and documents, are tax free. Article 248 Tem~orary gualification of unlicensed shipwritihts Until when there will not be maritime shipwrights in suffi cient number, the construction of wooden vessels not exceeding , 100 GRT -can be supervised by the present unl.Lcen.sed sh:ipa.!ights. llO Arti cle 24.2 Temporar~ assignment o~g expert to the duties foreseen for the Maritime Technical Office Until when the Maritime ~echnical Office will be" regularly estab~ished as per article 49, the relative duties envisaged by the present Code with respect to vessels will be carried out by an. expert appointed by the Minister of Economic Affairs. Article 250 Validity of employment contracts Employment contracts entered into until the date of the entry into force of the present Code are recognized fully valid until the expiration foreseen in the relative instruments. Article 251 Privileges The prov~s~ons of the Code relating to the rights of pre ferred credits; to the order of privileges and their effectiveness in respect of mortgage and other real rights, are applied also for privileges which have arisen prior to the entry into force of the present Code. Articl ~ 25,g .AbrogateUr oVJsions By the entry into force of the present Code, any other provision regulating the subjects governed by the present Coda, or contrary, or conflicting provisions, is hereby abrogated.