GENERAL POWERS OF A CAPTAIN
1. To act as a general agent of the ship
owner
2. To act as a commander and
technical director of the vessel
3. To be a representative of the
country whose flag it navigates
4. To sign bills of lading
5. To carry goods aboard
6. To deal with freight incurred
7. To agree upon rates and decide
whether to take cargo
7. To enter into contracts with respect
to the vessel and the trading of the
vessel
POWERS OF A CAPTAIN UNDER ART 610
of the Code of Commerce
1. To appoint or make contracts with
the crew in the absence of the agent
and propose said crew, should said
agent be present; but the agent shall
not be permitted to employ any
member against the captain's
express refusal.
2. To command the crew and direct
the vessel to the port of its
destination, in accordance with the
instructions he may have received
from the agent.
3. To impose, in accordance with the
agreements and the laws and
regulations of the merchants
marine, on board the vessel,
correctional punishment upon those
who do not comply with his orders
or who conduct themselves against
GENERAL OBLIGATIONS OF A CAPTAIN
1. General fiduciary obligations
2. General management of the ship
3. To exercise due diligence with
regards to the goods
4. To be liable for the safety of the
passengers and the crews
5. To abide by the rules and
regulations of MARINA
6. To not deviate from the proper
course of voyage
OBLIGATIONS OF A CAPTAIN UNDER
ART 612 of the Code of Commerce
1. To have on board before starting on
a voyage a detailed inventory of the
hull, engines, rigging, tackle, stores,
and other equipment of the vessel;
the navigation certificate; the roll of
the persons who make up the crew
of the vessel, and the contracts
entered into with the crew; the list
of passengers; the health certificate;
the certificate of the registry
proving the ownership of the vessel,
and all the obligations which
encumber the same up to that date;
the charters or authenticated copies
thereof; the invoices or manifest of
the cargo, and the instrument of the
expert visit or inspection, should it
have been made at the port of
departure.
2. To have a copy of this Code on
board.
3. To have three folioed and stamped
books, placing at the beginning of
each one a note of the number of
folios it contains, signed by the
maritime official, and in his absence
by the competent authority.
 discipline, holding a preliminary
investigation on the crimes
committed on board the vessel on
the high seas, which shall be turned
over to the authorities, who are to
take cognizance thereof, at the first
port touched.
4. To make the following entries in the
First Book called the “log book”:
 he shall enter every day the
condition of the atmosphere,
the prevailing winds, the
course sailed, the rigging
carried, the horsepower of
the engines, the distance
covered, the maneuvers
executed, and other incidents
of navigation
 He shall also enter the
damage suffered by the
4. To make contracts for the charter of
vessel in her hull, engines,
the vessel in the absence of the
rigging, and tackle, no matter
agent or of her consignee, acting in
what is its cause, as well as
accordance with the instructions
the imperfections and
received and protecting the
averages of the cargo, and
interests of the owner most
the effects and consequence
carefully.
of the jettison, should there
be any; and in cases of grave
resolutions which require
the advice or a meeting of the
officers of the vessel, or even
of the passengers and crew,
he shall record the decision
adopted
 For the information
indicated he shall make use
of the binnacle book, and of
the steam or engine book
kept by the engineer.
5. To make the following entries in the
First Book called the “accounting
book”:
 he shall enter all the amounts
collected and paid for the
account of the vessel,
entering specifically article
by article, the sources of the
5. To adopt all the measures which
collection, and the amounts
may be necessary to keep the vessel
invested in provisions,
well supplied and equipped,
repairs, acquisition of rigging
purchasing for the purpose all that
or goods, fuel, outfits, wages,
may be necessary, provided there is
and all other expenses
no time to request instructions of
 He shall furthermore enter
the agent.
therein a list of all the
members of the crew, stating
their domiciles, their wages
and salaries, and the
amounts they may have
received on account, either
directly or by delivery to
their families
 6. To make the following entries in the
6. To make, in similar urgent cases and
on a voyage, the repairs to the hull
and engines of the vessel and to her
rigging and equipment which are
absolutely necessary in order for
her to be able to continue and
conclude her voyage; but if she
should arrive at a point where there
is a consignee of the vessel, he shall
act in concurrence with the latter.
7. To make, before receiving the
7. To appoint the experts as provided
for Art. 612 of COC
8. 1.
9. To demand a pilot at the expense of
First Book called the "freight book":
 he shall record the entry and
exit of all the goods, stating
their marks and packages,
names of the shippers and of
the consignees, ports of
loading and unloading, and
the freight earned
 he shall record the names
and places of sailing of the
passengers and the number
of packages of which their
baggage consists, and the
price of the passage
freight, with the officers of the crew,
and the two experts, if required by
the shippers and passengers, an
examination of the vessel, in order
to ascertain whether she is
watertight, and whether the rigging
and engines are in good condition;
and if she has the equipment
required for good navigation,
preserving a certificate of the
memorandum of this inspection,
signed by all the persons who may
have taken part therein, under their
liability.
To remain constantly on
board the vessel with the crew
during the time the freight is taken
on board and carefully watch the
stowage thereof; not to consent to
any merchandise or goods of a
dangerous character to be taken on,
such as inflammable or explosive
substances, without the precautions
which are recommended for their
packing, management and isolation;
not to permit that any freight be
carried on deck which by reason of
its disposition, volume, or weight
makes the work of the sailors
difficult, and which might endanger
the safety of the vessel; and if, on
account of the nature of the
merchandise, the special character
of the shipment, and principally the
favorable season it takes place, he
allows merchandise to be carried on
deck, he must hear the opinion of
the officers of the vessel, and have
the consent of the shippers and of
the agent
the vessel whenever required by
navigation, and principally when a
 port, canal, or river, or a roadstead
or anchoring place is to be entered
with which neither he, the officers
nor the crew are acquainted
10. To be on deck at the time of sighting
land and to take command on
entering and leaving ports, canals,
roadsteads, and rivers, unless there
is a pilot on board discharging his
duties. He shall not spend the night
away from the vessel except for
serious causes or by reason of
official business
11. To present himself, when making a
port in distress, to the maritime
authority if in Spain * and to the
Spanish * consul if in a foreign
country, before twenty-four hours
have elapsed, and make a statement
of the name, registry, and port of
departure of the vessel, of its cargo,
and reason of arrival, which
declaration shall be vised by the
authority or by the consul if after
examining the same it is found to be
acceptable, giving the captain the
proper certificate in order to show
his arrival under stress and the
reasons therefor. In the absence of
marine officials or of the consul, the
declaration must be made before
the local authority
12. To take the steps necessary before
the competent authority in order to
enter in the certificate of the
Commercial Registry of the vessel
the obligations which he may
contract in accordance with Article
583
13. To put in a safe place and keep all
the papers and belongings of any
members of the crew who might die
on the vessel, drawing up a detailed
inventory, in the presence of
passengers as witnesses, and, in
their absence, of members of the
crew
14. To conduct himself according to the
rules and precepts contained in the
instructions of the agent, being
liable for all that he may do in
violation thereof.
15. To give an account to the agent from
the port where the vessel arrives, of
the reason thereof, taking advantage
of the semaphore, telegraph, mail,
etc., according to the cases; notify
him the freight he may have
received, stating the name and
domicile of the shippers, freight
earned, and amounts borrowed on
 bottomry bond, advise him of his
departure, and give him any
information and data which may be
of interest
16. To observe the rules on the
situation of lights and evolutions to
prevent collisions
17. To remain on board in case of
danger to the vessel, until all hope
to save her is lost, and before
abandoning her to hear the officers
of the crew, abiding by the decision
of the majority; and if he should
have to take a boat he shall take
with him, before anything else, the
books and papers, and then the
articles of most value, being obliged
to prove in case of the loss of the
books and papers that he did all he
could to save them
18. In case of wreck he shall make the
proper protest in due form at the
first port reached, before the
competent authority or the Spanish
* consul, within twenty-four hours,
stating therein all the incidents of
the wreck, in accordance with case 8
of this article
19. To comply with the obligations
imposed by the laws and rules of
navigation, customs, health, and
others