Chapter 56

COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 1CHAPTER 56 PARTICULAR EMPLOYMENT Article 1. Master & Servant. Article 2. Agents. Article 3. Factors. Article 4. Shipmasters. Article 5. Mates & Seamen. Article 6. Ships' Managers. ARTICLE 1 MASTER &SERV ANT § 56101. What are Servants. § 56102. Term of Hiring. § 56103. Term When on Time Set. § 56104. Renewal of Hiring. § 56105. Servant to Pay over without Demand. § 56106. Discharge of Servant. § 56101. What are Servants . A servant is one who is employed to render personal service to his empl oyer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter who is called his master . SOURCE: CC § 2009. § 56102. T erm of Hiring. A servant is pre sumed to have be en hired for such length of time as the parties adopt for the estimation of wages. A hiring at a yearly rate is pre - sumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no specified term. SOURCE: CC § 2010. § 56103. Term When on Time Set.

s. A hiring at a yearly rate is pre - sumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no specified term. SOURCE: CC § 2010. § 56103. Term When on Time Set. In the absence of any agreement or custom as to the term of service, the time of payment, or rate or value of wages, a servant is presumed to be COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 2hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed. SOURCE: CC § 2011. § 56104. Renewal of Hiring. Where, after the expira tion of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant, they are pre sumed to have renewed the agre ement for the same wages and term of service. SOURCE: CC § 2012. NOTE: No CC § 2013 existed. § 56105. Servant to Pay over without Demand. A servant must deliver to his master, as soon as with reason able diligence he can find him, ev erything he receiv es for his account, without demand; but he is not bound, without orders from his master , to send everything to him through another person. SOURCE: CC § 2014. § 56106.

find him, ev erything he receiv es for his account, without demand; but he is not bound, without orders from his master , to send everything to him through another person. SOURCE: CC § 2014. § 56106. Discharge of Servant. A mast er may discharge any servant, other than an appren tice, w hether engaged for a fixed term or not: 1.If he is guilty of misconduct in the course of his service, or of gross immorality , though unconnected with the same; or 2.If, being employed about the person of the master , or in a confidential position, the ma ster discov ers that he has been guilty of misconduct, before or after the commencement of his service, of such a nature, that, if the master had known or contemplated it, he would not have so employed him. SOURCE: CC § 2015. NOTE:No 1970 Civil Code '§ 2016-2018 existed. ---------- ARTICLE 2 AGENTSCOL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 3§ 56201. Agents to Conform to Authority . § 56202. Principal to be Kept Informed. § 56203. Collecting Agent. § 56204. Responsibility of Subagent. § 56201. Agents to Conform to Authority .

EMPLOYMENT 3§ 56201. Agents to Conform to Authority . § 56202. Principal to be Kept Informed. § 56203. Collecting Agent. § 56204. Responsibility of Subagent. § 56201. Agents to Conform to Authority . An angent must not e xceed the limits of his actual authority , as defined by Part 2 of this Title on Agency . SOURCE: CC § 3019. § 56202. Principal to be Kept Informed. An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency . SOURCE: CC § 2020. § 56203. Collecting Agent. An agent employed to collect a negotiable instrument must collect it promptly , and take all measures necessary to charge the parties thereto, in case of its dishon or, and, if it is a bill of ex change, mus t present it for accep tance with reasonable diligence. SOURCE: CC § 2021. § 56204. Responsibility of Subagent. A mere agent of an agent is not responsible as such to the principal of the latter . SOURCE: CC § 2022. NOTE: No 1970 Civil Code '§ 2023-2025 existed. ---------- ARTICLE 3 FACTORS § 56301. What is a Factor. § 56302. Obedience Required. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 4§ 56303. Sales on Credit. § 56304.

isted. ---------- ARTICLE 3 FACTORS § 56301. What is a Factor. § 56302. Obedience Required. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 4§ 56303. Sales on Credit. § 56304. Liability , Guaranty Commission. § 56305. Factor Responsible. § 56301. What is a Factor . A factor is an agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and is vested by the latter with the possession or control of the property , or author ized to receive payment therefor from the purchaser. SOURCE: CC § 2026. § 563 02. Obedience Required. A factor must obey the instructions of his principal to the same extent as any other employee, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may , neverthe less, sell for his reimbursement, after giving to his principal reason able notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee. SOURCE: CC § 2 027. CROSS -REFERENCES: See Title 13 (UCC) of this Code for the law on pledges. § 56303. Sales on Credit.

nd of the time and place of sale, and proceeding in all respects as a pledgee. SOURCE: CC § 2 027. CROSS -REFERENCES: See Title 13 (UCC) of this Code for the law on pledges. § 56303. Sales on Credit. A factor may sell property consigned to him on such credit as is usual; but, having once agreed with the pur chaser upon the term of credit, may not extend it. SOURCE: CC § 2028. § 56304. Liability, Guaranty Commission. A factor who charges his principal with a guaranty commission upon a sale thereby assumes abso lutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the pur chaser; but he does not thereby assume any additional responsibil ity for the safety of his remittance of the proceeds. SOURCE: CC § 2029. § 56305. Factor Responsible. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 5A factor who receives property for sale, under a general agreement or usage to guarantee the sales or the remittance of the proceeds, cannot relieve him self from responsibility therefor without the consent of his principal. SOURCE: CC § 2030. NOTE: No 1970 Civil Code '§ 2031-2033 existed.

e sales or the remittance of the proceeds, cannot relieve him self from responsibility therefor without the consent of his principal. SOURCE: CC § 2030. NOTE: No 1970 Civil Code '§ 2031-2033 existed. ---------- ARTICLE 4 SHIPMASTERS § 56401. Appointment of Master . § 56402. When Master Must be on Board. § 56403. Compulsory Pilotage. § 56403.1. Issuance of Harbor Pilot's Licenses § 56403.2. Licensing Regulations. § 56403.3. Basis for Approving Application for H arbor Pilot's License. § 56403.4. License Fees. § 56403.5. Grandfathering and Automatic License Renewal. § 56403.6. Grounds for Denial, Suspension or Revocation. § 56403.7. Pilot License Advisory Committee. § 56403.8. Appeal Procedure. § 56403.9. Exhi bition of License. § 56403.10. Piloting Without a License. § 56403.11. Rates of Pilotage § 56403.12. Lien for Pilotage Fees § 56403.13. Description of Pilotage W aters. § 56403.14. Mandatory Use of Harbor Pilot. § 56403.15. Exempt V essels. § 56403.16. Exempt During Daylight Hours Only . § 56403.17. Exception for Safe Navigation. § 56404. Power over Seamen. § 56405. Power over Passengers. § 56406. Impressing Private Stores. § 56407. When may Abandon Ship.

During Daylight Hours Only . § 56403.17. Exception for Safe Navigation. § 56404. Power over Seamen. § 56405. Power over Passengers. § 56406. Impressing Private Stores. § 56407. When may Abandon Ship. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 6§ 56408. Duties on Abandonment. § 56409. When Master Cannot Trade on his Account. § 56410. Care & Diligence. § 56411. Authority of Master . § 56401. Appointment of Master . The master of a ship is appointed by the owner, and holds during his pleasure. SOURCE: CC § 2034. § 56402. When Master Must be on Board. The master of a ship is bound to be always on board when entering or leaving a port, harbor , or river. SOURCE: CC § 2035. § 56403. Compulsory Pilotage . On entering or leaving, or operating a vessel within, a port or harbor, the maste r of a vessel, unless otherwise exempt under the provisions of this Chapter or pursuant to Federal Law , must take on a pilot duly licensed b y the Port Authority of Guam to provide pilotage services. While the pilot is on board he shall advise the vessel's master as to its navigation.

to Federal Law , must take on a pilot duly licensed b y the Port Authority of Guam to provide pilotage services. While the pilot is on board he shall advise the vessel's master as to its navigation. However , the master of the vessel shall at all times remain in full charge and control of the vessel and its navigation. SOURCE: CC § 2036. Amended by P .L. 25 -09:3. CROSS -REFERENCES: See Rules & Regulations of the Guam Port Aut hority for pilotage requirements in Apra Harbor. § 56403.1. Issuance of Harbor Pilot's Licenses . The Manager of the Port Authority of Guam shall have the power and duty to issue pilot licenses pursuant to credentialing criteria established by rules and r egulations of the Authority for persons who seek to engage in the profession of harbor pilot within Guam. Each such license shall be valid for a period of five (5) years, or until the expiration of the applicant's U.S. Coast Guard pilot's license, whicheve r first occurs. SOURCE: Added by P .L. 25 -09:4. §56403.2. Licensing Regulations . COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 7The Board of Directors of the Port Authority of Guam shall adopt rule s and regulations

9:4. §56403.2. Licensing Regulations . COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 7The Board of Directors of the Port Authority of Guam shall adopt rule s and regulations establishing credentialing criteria for and governing the conduct of pilots. In additio n to credentialing criteria and standards of professional conduct, such rules and regulations shall, at a minimum, set forth the procedures for filing and processing license applications and for investigating and resolving complaints against pilots, as wel l as the grounds for denial, suspension or revocation of a pilot's license notinconsistent with the provisions of this Chapter . SOURCE: Added by P .L. 25 -09:5. § 56403.3. Basis for Approving Application for Harbor Pilot's License . The Manager of the Port Authority of Guam shall determine the professional qualifications necessary to obtain a pilot's license in accordance with the Authority =s rules and regula tions. As the basis for approving applications, the Manager may by rule accept the determinations ofone or more trade or professional organizations, accept a license or certification issued by an agency of the United States, or of a state,

ations, the Manager may by rule accept the determinations ofone or more trade or professional organizations, accept a license or certification issued by an agency of the United States, or of a state, territory or possession of the United States, require that an applicant successfully complete an oral or written ex amination, or both, administered by the Port Authority of Guam or appropriate professional organization, or provide other evidence of competence satisfactory to the Manager . In establishing credentialing criteria and in administering examina tions, if requ ired, the Port Authority of Guam may enter into contracts for the purchase, use, scoring or validation of professional examinations. SOURCE: Added by P .L. 25 -09:6. § 56403.4. License Fees. The Board of Directors of the Port Authority of Guam may adopt and from time to time adjust, in accordance with the Administrative Adjudication Law , a schedule of fees and charges for each application, examination, issuance, renewal or replacement of a harbor pilot's license in order to recover the costs thereof. SOURCE: Added by P .L. 25 -09:7. § 56403.5. Grandfathering and Automatic License Renewal .

ination, issuance, renewal or replacement of a harbor pilot's license in order to recover the costs thereof. SOURCE: Added by P .L. 25 -09:7. § 56403.5. Grandfathering and Automatic License Renewal . No pilot who on the effective date of this enactment is employed or operating a business as a pilot in Guam and who, further, is duly licensed by the United States Coast Guar d as a pilot shall be denied a territorial harbor pilot's license or a renewal thereof. Nor shall any application for renewal of COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 8a territorial harbor pilot's license be denied, except as provided by this Chapter, as long as the applicant possesses the mini mum qualifications established by the Port Authority of Guam and remains in active service as a pilot on Guam. However , nothing herein shall prevent the suspension, revocation or denial of a pilot's license for good cause, in accordance with the provisions of this Chapter and the rules and regulations of the Port Authority of Guam. SOURCE: Added by P .L. 25 -09:8. § 56403.6. Grounds for Denial, Suspension or Revocation .

accordance with the provisions of this Chapter and the rules and regulations of the Port Authority of Guam. SOURCE: Added by P .L. 25 -09:8. § 56403.6. Grounds for Denial, Suspension or Revocation . Except as provided in § 56403.5, the Manager may deny the issuance of a license to any ap plicant and may suspend or revoke the license of any pilotfor any cause authorized by law or the Port Authority of Guam =s pilotage rules and regulations, includ ing but not limited to the following: 1. violation of this Chapter or any rule or regulation of the Port Authority of Guam; 2. negligent pilotage; 3. habitual use of any substance rendering a harbor pilot unfit to be entrusted with the safe navigation of a vessel; 4. inability to perform the duties of a harbor pilot; 5. failure to maintain active se rvice as a pilot on Guam; 6. procurement of a license through fraudulent misrepresentation or deceit; 7. violation of any law or regulation prohibiting unfair or deceptive acts or practices; 8. violation of any law or regulation intended to promote marine safety or protect navigable waters or the environment; 9.

of any law or regulation prohibiting unfair or deceptive acts or practices; 8. violation of any law or regulation intended to promote marine safety or protect navigable waters or the environment; 9. failure to report marine accidents in accordance with the rules and regulations of the Port Authority of Guam; or 10. failure to maintain a current and valid Federal pilots' license issued in accord ance with Chapter 71 of Title 46 of the United States Code. SOURCE: Added by P .L. 25 -09:9. § 56403.7. Pilot License Advisory Committee . COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 9The Manager shall appoint a Pilot License Advisory Committee, consisting of seven (7) members, including the Harbor Mas ter, who shall serve as its Chairperson; Assistant Harbor Master; three (3) licensed harbor pilots; and two (2) members representing the shipping industry . No two (2) members of the Committee shall be employed by the same company or by affiliated companies . Each member except the Harbor Master and Assistant Harbor Master shall serve for a term of two (2) years and until replaced, which terms shall be staggered so that the terms of no more than four (4) members

mber except the Harbor Master and Assistant Harbor Master shall serve for a term of two (2) years and until replaced, which terms shall be staggered so that the terms of no more than four (4) members will expire in a single year . The sole function of the Pilot License Advisory Commit tee shall be to review and recommend appropriate disposition of complaints and any proposed disciplinary action against a harbor pilot. No pilot =s license shall be suspended or revoked, or any other disciplinary action taken, unless such action has been reviewed by a majority of the membership of the Committee, or thirty (30) days have passed from submittal of the matter to the Committee for such review . The Manager and Board of Directors of the Port Authority of Guam s hall seek the advice and recommendations of the Committee on any other matters relating to pilotage. SOURCE: Added by P .L. 25 -09:10. § 56403.8. Appeal Procedure . Any person may request a review of the Manager's denial, suspension or revocation of a pilot' s license by the Board of Directors of the Port Authority , provided a written notice of appeal is delivered to the Manager within thirty (30) days of his final decision, which

revocation of a pilot' s license by the Board of Directors of the Port Authority , provided a written notice of appeal is delivered to the Manager within thirty (30) days of his final decision, which shall be in writing and delivered by registered mail to the applicant and to the Pilot Licens e Advisory Committee. Thereafter , any denial, suspension or revocation of a license shall be subject to administrative adjudica tion in accordance with Administrative Adjudication Law . In the alternative, the Port Authority of Guam may adopt r ules of disci plinary procedure pursuant to the Administrative Adjudication Law,in which event such rules shall govern the procedure for any suspension or revocation of a harbor pilot =s license. SOURCE: Added by P .L. 25 -09:11. § 56403.9. Exhibition of Lic ense. A pilot, on boarding a vessel, and if required by the master thereof, shall exhibit the pilot's license or a photostatic copy thereof. SOURCE: Added by P .L. 25 -09:12.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 10§ 56403.10. Piloting without a License . It shall be unlawful for any person notlicensed as a pilot under this Chapter to pilot or to offer to pilot a

TRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 10§ 56403.10. Piloting without a License . It shall be unlawful for any person notlicensed as a pilot under this Chapter to pilot or to offer to pilot a vessel notexempt from this Chapter . It shall be unlawful for any person on board a tug or towboat to tow a vessel or barge notexempt from this Chapter , unless the vessel or barge shall have on board a pilot licensed under this Chapter. V iolation of this Section shall be a misdemeanor and in addition, shall be subject to assessment of any fines or penalties authorized by the rules and regulations of the Port Authority of Guam. SOURCE: Added by {.L. 25 -09:13. § 56403.11. Rates of Pilotage . The Port Authority of Guam shall not provide or warrant the availability of pilot services, which shall be provided solely by the private sector . The terms of any contract for pilotage, including rates o r pilot fees, shall be negoti ated and agreed upon by the parties thereto, except as specifically provided herein. SOURCE: Added by P .L. 25 -09:14. § 56403.12. Lien for Pilotage Fees . Every licensed pilot shall have a lien for pilotage fees upon the whole of any vessel liable to the pilot

cally provided herein. SOURCE: Added by P .L. 25 -09:14. § 56403.12. Lien for Pilotage Fees . Every licensed pilot shall have a lien for pilotage fees upon the whole of any vessel liable to the pilot therefor . SOURCE: Added by P .L. 25 -09:15. § 56403.13. Description of Pilotage W aters . Pilotage waters as established under this Chapter shall consist of all waters of the Guam within two (2) nautical miles of Apra Harbor and all waters within Apra Harbor, exclusive of Federally restricted waters. SOURCE: Added by P .L. 25 -09:16. § 56403.14. Mandatory use of Harbor Pilot . Every vessel involved in trade or commerce, other than an exempt vessel, entering, departing from or tr aversing the waters of Apra Harbor shall employ a harbor pilot. However , a vessel declared by the Harbor Master or the Captain of the Port to be in immediate danger of destruction or which poses an immediate hazard to public safety by its presence in any harbor may be moved without a pilot when a pilot is not immediately available.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 11SOURCE: Added by P .L. 25 -09:17. § 56403.15. Exempt V essels. A ha rbor pilot is not required for: 1.

immediately available.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 11SOURCE: Added by P .L. 25 -09:17. § 56403.15. Exempt V essels. A ha rbor pilot is not required for: 1. vessels notinvolved in trade or commerce; 2. enrolled and other vessels that are exempt under the laws of the United States of America, provided they are under the direction and control of a Federally licensed pilot; and 3. vessels home -ported on Guam and involved in the tourism trade, such as dinner -cruise boats, diving and fishin g charter boats, submersibles and rental craft. SOURCE: Added by P .L. 25 -09:18. § 56403.16. Exempt During Daylight Hours Only . The following vessels may enter , exit and be operated in Apra Harbor without the assistance of a pilot, but only during daylight hours: 1. vessels under five hundred (500) gross tons; provided , the master of the vessel has previously entered and exited Apra Harbor while operating a vessel with the assistance of a licensed pilot and provided, further , that adequate two -way communica tions be tween the vessel and the Port Authority =s Harbor Master and U.S.

or while operating a vessel with the assistance of a licensed pilot and provided, further , that adequate two -way communica tions be tween the vessel and the Port Authority =s Harbor Master and U.S. Coast Guard =s Captain of the Port are continuously maintained, either directly or through the vessel =s agent, while the vessel is underway in Guam waters; and 2. tugs and tows home -ported on Guam or the Common wealth of the Northern Mariana Islands; provided , the master of the tug and tow has previously entered and exited Apra Harbor while operating a vessel with the assistance of a licensed pilot. SOURCE: Added by P .L. 25 -09:19. § 564 03.17. Exception for Safe Navigation . This Section is notintended to negate or limit the Port Authority of Guam's responsibility for the safe navigation of all vessels within Guam waters. Accordingly , the Port Authority's Harbor Maste r may recommend or require the assistance of a pilot for any vessel exempt by this provision if the Harbor Master determines such is necessary to ensure safety in any port or other waters of Guam.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 12SOURCE: Added by P .L. 25 -09:20. § 56404.

determines such is necessary to ensure safety in any port or other waters of Guam.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 12SOURCE: Added by P .L. 25 -09:20. § 56404. Power over Seamen. The master of a sh ip may enforce the obedience of the mate and seamen to his lawful com mands by confinement and other reasonable corporal punishment, being responsible for the abuse of his power. SOURCE: CC § 2037. § 56405. Power over Passengers. The master of a ship ma y confine any person on board, during a voyage, for willful disobedi ence to his lawful commands. SOURCE: CC § 2038. § 56406. Impressing Private S tores. If, during a voyage, the ship's supplies fail, the master, with the advice of his officers, may comp el persons who have private supplies on board to surrender them for the common want, on pay ment of their value, or giving security therefor . SOURCE: CC § 2039. § 56407. When may Abandon Ship. The master of a ship must not abandon it during the voy age,without the advice of the other officers. SOURCE: CC § 2040. § 56408. Duties on Abandonment. The master of a ship, upon abandoning it, must carry with him, as far as it is in his power, the money

age,without the advice of the other officers. SOURCE: CC § 2040. § 56408. Duties on Abandonment. The master of a ship, upon abandoning it, must carry with him, as far as it is in his power, the money and the most valuable of the goods on board, under penal ty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability . SOURCE: CC § 2041. § 56409. When Master Cannot T rade on his Account. The master of a ship, who engages for a common profit on the cargo, must not trade on his own account, and if he does, he must ac count to his employer for all profits thus made by him. SOURCE: CC § 2042. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 13§ 56410. Care & Diligence. The master of a ship must use great care and diligence in the perfor mance of his duties, and is responsible for all damage occasioned by his negligence, however slight. SOURCE: CC § 2043. § 56411. Authority of Master . The authority and liability of the master of a ship, as an agent for the owners of the ship and cargo, are regu lated by Part 2 of this Title (Agency), subject to the laws enacted by the Congress of the

authority and liability of the master of a ship, as an agent for the owners of the ship and cargo, are regu lated by Part 2 of this Title (Agency), subject to the laws enacted by the Congress of the United States. SOURCE: CC § 2044. NOTE: No 1970 Civil Code '§ 2045 -2047 existed. ---------- ARTICLE 5 MATES &SEAMEN § 56501. What are Mates. § 56502 .What are Seamen. § 56503. Mate, Seamen Engaged, Discharged. § 56504. Unseaworthy V essel. § 56505. Seamen not to Lose W ages or Lien by Agreement. § 56506. Special Agreements. § 56507. Wages Depend on Freightage. § 56508. When W ages Begin. § 56509. Wages -Voyage Broken up Before Departure. § 56510. Wrongful Discharge. § 56511. Wages in Case of Wreck. § 56512. Certificate. § 56513. Disabled Seaman. § 56514. Maintenance During Sickness. § 56515. Death on V oyage. § 56516. Theft Forfeits W ages. § 56517. Cannot Ship Goods. § 56518. Law Governing Seamen. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 14§ 56501. What are Mates. The mate of the ship is the officer next in rank to the master, and in case of the master's disability he must take his place. By so doing he does not lose any of his rig hts as mate.

What are Mates. The mate of the ship is the officer next in rank to the master, and in case of the master's disability he must take his place. By so doing he does not lose any of his rig hts as mate. SOURCE: CC § 2048. § 56502. What are Seamen. All persons em ployed in the navigation of a ship, or upon a voyage, other than the master and mate, are to be deemed seamen within the provisions of this Title. SOURCE: CC § 2049. § 56503. Mate , Seamen Engaged, Discharged. The mate and seamen of a ship are engaged by the master , and may be discharged by him at any period of the voyage, for willful and persis tent disobedience or gross disqualification, but cannot otherwise be discharged before the termi nation of a voyage. SOURCE: CC § 2050. § 56504. Unseaworthy V essel. A mate or a seaman is not bound to go to sea in a ship that is not seaworthy , and if there is reasonable doubt of its seaworthiness, he may refuse to proceed until a proper su rvey has been had. SOURCE: CC § 2051. § 56505. Seamen not to Lose W ages or Lien by Agree ment. A seaman cannot, by reason of any agreement, be deprived of the lien upon the ship, or of any remedy for the recovery of his wages to which he would

. Seamen not to Lose W ages or Lien by Agree ment. A seaman cannot, by reason of any agreement, be deprived of the lien upon the ship, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any stipulation by which he consents to abandon any right he may have or obtain in the nature of salvage, is void. SOURCE: CC § 2052. § 56506. Special Agreements. No special agreement entered into by a seaman can impair any of his rights, or add to any of his obliga tions, as defined by law , unless he fully COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 15under stands the effect of the agreement, and receives a fair compensation therefor . SOURCE: CC § 2053. § 56507. W ages Depend on Freightage. Except as hereinafter provided, the wages of seamen are due, when, and so far only as, freightage is earned, unless the loss of freightage is owing to the fault of the owner or master . SOURCE: CC § 2054. § 56508. When W ages Begin. The right of a mate or seaman to wages and provisions beg ins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever

t of a mate or seaman to wages and provisions beg ins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens. SOURCE: CC § 2055. § 56509. W ages -Voyage Broken up Before Departure. Where a voyage is broken up before departure of the ship, the seaman must be paid for the time he has served, and may retain for his indemnity such advances as he has received. SOURCE: CC § 2056. § 56510. Wrongful Discharge. When a mate or seaman is wrongfully discharge d, or is driven to leave the ship by the cruelty of the master on the voyage, it is then ended with respect to him, and he may thereupon recover his full wages. SOURCE: CC § 2057. § 56511. W ages in Case of Wreck. In case of loss or wreck of the ship a s eaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the ship, cargo, and stores. SOURCE: CC § 2058. § 56512. Certificate. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 16A certificate from the master or chief surviving officer of a ship, to the effect that a

CE: CC § 2058. § 56512. Certificate. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 16A certificate from the master or chief surviving officer of a ship, to the effect that a seaman exerted himself to the utmost to save the ship, cargo, and stores, is presumptive evidence of the fact. SOURCE: CC § 2059. § 56513. Disabled Seaman. Where a mate or seaman is prevented f rom tendering services by illness or injury , incurred without his fault in the discharge of his duty on the voyage, or by being wrongfully discharged, or by capture of the ship, he is entitled to wages notwithstand ing; but in case of a capture, a ratable deduc tion for salvage is to be made. SOURCE: CC § 2060. § 56514. Maintenance During Sickness. If a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, atten dance, and other provision for his wants, must be borne by the ship until the close of the voyage. SOURCE: CC § 2061. § 56515. Death on V oyage. If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the tim e of his death, if he would have been

yage. SOURCE: CC § 2061. § 56515. Death on V oyage. If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the tim e of his death, if he would have been entitled to them had he lived to the end of the voyage. SOURCE: CC § 2062. § 56516. Theft Forfeits W ages. Desertion of the ship without cause, or a justifiable discharge by the master during the voyage, for miscon duct, or a theft of any part of the cargo or appurtenances of the ship, or a willful injury thereto or to the ship, forfeits all wages due for the voyage to a mate or seaman thus in fault. SOURCE: CC § 2063. § 56517. Cannot Ship Goods. A mate or sea man may not, under any pretext, ship goods on his own account without permis sion from the master . SOURCE: CC § 2064. NOTE: No CC § 2065 existed. COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 17§ 56518. Law Governing Seamen. The shipment of officers and seamen, and their rights and duties, are further r egulated by Acts of Con gress of the United States. SOURCE: CC § 2066. NOTE: No 1970 Civil Code '§ 2067 -2069 existed. ---------- ARTICLE 6 SHIPS'MANAGERS § 56601. What is a Manager . § 56602.

ther r egulated by Acts of Con gress of the United States. SOURCE: CC § 2066. NOTE: No 1970 Civil Code '§ 2067 -2069 existed. ---------- ARTICLE 6 SHIPS'MANAGERS § 56601. What is a Manager . § 56602. Duties of manager . § 56603. Compensation. § 56601. Wha t is a Manager . The general agent for the owners, in respect to the care of the ship and freight, is called the manager . If he is a part owner, he is also called the manag ing owner . SOURCE: CC § 2070. § 56602. Duties of Manager . Unless otherwise direct ed, it is the duty of the manager of a ship to provide for the complete seaworthiness of a ship, to take care of it in port, to see that it is provided with necessary papers, with proper master , mate and crew , and supplies of provi sions and stores. SOURC E: CC § 2071. § 56603. Compensation. A ma naging owner is pre sumed to have no right to compensation for his own services. SOURCE: CC § 2072. NOTE: No 1970 Civil Code '§ 2073 -2077 existed.COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT 18----------COL12010618GCA BUSINESS STRUCTURE &FUNCTION CH. 56PARTICULAR EMPLOYMENT