Commercial Code (Cap. 13)

Inhalt

1. Art. 1 Short title.
2. PART I
3. Art. 2 Persons and acts affected. Substitued by: XXIII.2022.3. S.L. 459.01. Cap. 459. Applicability of law.
4. Title I
5. Art. 4 Definition of “trader”.
6. Art. 5 Acts of trade.
7. Art. 6 Other commercial matters.
8. Art. 7 Presumption as to nature of act done by trader.
9. Art. 8 Persons who may carry on trade.
10. Art. 9 Minors.
11. Art. 10 Powers of minors who are traders.
12. Art. 11 Applicability of ss. 9 and 10 to minors non-traders.
13. Art. 12 Revocation of authority by parent.
14. Sub-title I
15. Art. 13 Obligatory trade books.
16. Art. 14 Waste -book.
17. Art. 15 Journal.
18. Art. 16 Cash-book.
19. Art. 17 Inventory-book.
20. Art. 18 Ledger.
21. Art. 19 Optional trade books.
22. Art. 20 Duty of trader to keep letters, etc., received or forwarded by him.
23. Art. 21 Formalities to be observed in the keeping of trade books.
24. Art. 22 Proof by books. Cap. 12.
25. Art. 23 Power of court to orderproductionof correspondence, etc.
26. Art. 24 General examination of books.
27. Art. 25 Retailers.
28. Art. 26 Period for preserving books, etc.
29. Sub-title IA
30. Art. 26A Definitions for the purposes of this Sub-Title.
31. Art. 26B Scope of this Sub-title.
32. Art. 26C Interest in the case of late payment in transactions between undertakings.
33. Art. 26D Interest in the case of late payment in transactions between undertakings and public authorities.
34. Art. 26E Compensation for recovery costs.
35. Art. 26F Payment schedules.
36. Art. 26G Provision or practice which is unfair to the creditor.
37. Art. 26H Retention of title.
38. Art. 26I Executive title.
39. Art. 26J Publication.
40. Sub-title II
41. Art. 27 Publication of marriage contracts.
42. Art. 28 Index of notes to be kept by registrar.
43. Art. 29 Penalty.
44. Art. 30 Where spouse engages in trade after marriage.
45. Art. 31 Duty of registrar in case of demand for separation of property between spouses.
46. Sub-title III
47. Art. 32 Unlawful use of names, marks or distinctive devices.
48. Art. 32A Permitted comparative advertising.
49. Art. 32B Misleading advertising.
50. Art. 33 False indication of origin of goods.
51. Art. 34 Spreading of news prejudicial to other traders.
52. Art. 35 Subornation of other traders’ employees.
53. Art. 36 Certificates of honesty or competency contrary to facts.
54. Art. 36A Interpretation.
55. Art. 37 Penalties.
56. Title III
57. Art. 38 Registeroftraders.
58. Art. 39 Qualifications for registration.
59. Art. 40 Procedure for registration.
60. Art. 41 Grant or refusal of application for registration.
61. Art. 42 Powers of court.
62. Art. 43 Cancellation from register.
63. Art. 44 Contents of register of traders.
64. Art. 45 Certificate of registration.
65. Art. 46 Register open to inspection.
66. Art. 47 Default of registration not to debar person from engaging in trade.
67. Art. 48 Parts of register for public brokers and commercial agents.
68. Sub-title I
69. Art. 49 Law governing mercantile agency.
70. Art. 50 Effects of acts done by agent within scope of his authority.
71. Art. 51 Rulesregardingthe validity and effects of acts done by agent.
72. Art. 52 Form of agent’s authority.
73. Art. 53 Agent’s powers.
74. Art. 54 Duty of agent towards third parties. Cap .9.
75. Art. 55 How principal withdrawing agency, may free himself from liability towards third parties.
76. Art. 56 Transaction of business by agent with himself.
77. Sub-title II
78. Art. 57 Definition of manager.
79. Art. 58 Who may be manager.
80. Art. 59 Manager’s authority may be express or implied.
81. Art. 60 Liability of principal.
82. Art. 61 Loan made to manager.
83. Art. 62 Duties of manager.
84. Art. 63 Manager may not transact business on his own or other party’s behalf.
85. Art. 64 Manager may sue or be sued.
86. Art. 65 Liability of manager.
87. Art. 66 Determination of manager’s authority.
88. Sub-title III
89. Art. 67 Duties of commercial travellers.
90. Art. 68 Duties of salespersons.
91. Art. 69 Commercial travellers and salespersons may not exercise same trade as principal.
92. Sub-title IV
93. Art. 70 Application of this Part.
94. Art. 70A Definition of commercial agent, etc.
95. Art. 71 Commercial agents.
96. Art. 72 Power of the Minister to prescribe fee for registration.
97. Art. 73 Penalties.
98. Art. 73A No grant or renewal of registration pending settlement of fine.
99. Art. 74 Duties of commercial agent to his principal.
100. Art. 75 Duties of a principal to his commercial agent.
101. Art. 76 Prohibition on derogation from articles 74 and 75 and consequence of breach.
102. Art. 77 Form and amount of remuneration in absence of agreement.
103. Art. 77A Entitlement to commission on transactions concluded during agency contract.
104. Art. 77B Entitlement to commission on transactions concluded after agency contract has terminated.
105. Art. 77C Apportionment of commission between new and previous commercial agents.
106. Art. 77D When commission due and date for payment.
107. Art. 77E Extinction of right to commission.
108. Art. 77F Periodic supply of information as to commission due and right of inspection of principal’s books.
109. Art. 78 Right to signed written statement of terms of agency contract.
110. Art. 78A Conversion of agency contract after expiry of fixed period.
111. Art. 78B Minimum periods of notice for termination of agency contract.
112. Art. 78C Savings with regard to immediate termination.
113. Art. 78D Entitlement of commercial agent to indemnity or compensation on termination of agency contract.
114. Art. 78E Grounds for excluding payment of indemnity or compensation under article 78D.
115. Art. 78F Prohibition on derogation from articles 78D and 78E.
116. Art. 78G Restraint of trade clauses.
117. Art. 78H Disclosure of information.
118. Art. 78I Service of notice, etc.
119. Art. 78J Contracts entered into before coming into force of this subtitle.
120. Sub-title V
121. Art. 79 Requirements for becoming a public broker.
122. Art. 80 Forfeiture of office of broker.
123. Art. 81 Punishment for unlawful exercise of office of broker.
124. Art. 82 Books to be kept by brokers.
125. Art. 83 Duties of brokers.
126. Art. 84 Delivery of copies of entries.
127. Art. 85 Production of books.
128. Art. 86 Custody of books.
129. Art. 87 Exceptions.
130. Art. 88 Broker cannot transact business for his own account, etc.
131. Art. 89 Broker is not agent of parties.
132. Art. 90 Non-disclosure of name of party by broker.
133. Art. 91 Penalty for contraventions committed by public brokers.
134. Art. 92 Payment of broker’s fees.
135. Art. 93 Rights of broker.
136. Art. 94 Apportionment of brokerage fee.
137. Art. 95 Non-applicability of ss.79-94 to brokers authorised under previous law.
138. Sub-title VI
139. Art. 96 Definition of commission merchant.
140. Art. 97 Commission merchant not bound to disclose principal’s name.
141. Art. 98 Action by third party against principal or vice- versa.
142. Art. 99 Powers of commission merchant.
143. Art. 100 Right of commission merchantinbuying or selling stocks, etc.
144. Art. 101 Liability of commission merchant.
145. Art. 102 Prevailing usages.
146. Art. 103 Acceptance of agency.
147. Art. 104 Relinquishment of agency.
148. Art. 105 Lien orprivilege in favour of commission merchant.
149. Art. 106 Lien or privilege on goods bought on behalf of others.
150. Art. 107 Lien or privilege on unaltered goods.
151. Art. 108 Priority of claim of commission merchant.
152. Art. 109 Lien on proceeds of goods.
153. Title V
154. Art. 110 When contract by correspondence is perfected.
155. Art. 111 Revocation of contract.
156. Art. 112 Delayed acceptance, etc.
157. Art. 113 Offer by means of advertisements.
158. Art. 114 Where parties agree to reduce verbal agreement to writing.
159. Art. 115 Co-debtors jointly and severally liable.
160. Art. 116 Payment.
161. Art. 117 Implied resolutive condition.
162. Art. 118 Litigious rights arising from commercial transactions. Cap. 16.
163. Title VI
164. Art. 119 Chamber of Commerce, Enterprise and Industry.
165. Art. 120 Council of the Chamber of Commerce, Enterprise and Industry.
166. Art. 121 SeatofChamberof Commerce, Enterprise and Industry.
167. Sub-title I
168. Art. 123 Form of bill of exchange.
169. Art. 124 Draweranddrawee may be the same person.
170. Art. 125 Nullity of bill of exchange.
171. Art. 126 Discrepancy betweenwordsand figures.
172. Art. 127 May be drawn to order or drawer or third party.
173. Art. 128 May be drawn on a person and made payable at residence of third party.
174. Art. 129 Bill in a set.
175. Art. 130 Several parts may be required.
176. Art. 131 Supply of funds to meet bill.
177. Art. 132 When drawee is deemed to have been put in funds.
178. Art. 133 Acceptance implies supply of funds.
179. Art. 134 Protested bills.
180. Art. 135 When drawer prohibits transfer of bill.
181. Art. 136 Transfer by endorsement.
182. Art. 137 To whom a bill may be endorsed.
183. Art. 138 Where endorsement is made.
184. Art. 139 Endorsement may be special or in blank.
185. Art. 140 Liability of endorser. Qualified endorsement.
186. Art. 141 Endorser prohibitingtransfer not liable to succeeding endorsees.
187. Art. 142 Effectofrestrictive endorsement.
188. Art. 143 Where endorsement is made after lapse of time for protest for non-payment or non-acceptance.
189. Art. 144 Rights of endorsee whereendorsement is made after protest for non- payment.
190. Art. 145 Rights of endorsee against drawer.
191. Art. 146 Where endorser specifies time for presentment of bill.
192. Art. 147 Rights of holder where bill is not endorsed to him.
193. Art. 148 Form of acceptance.
194. Art. 149 When acceptance is to be dated.
195. Art. 150 Acceptance cannot be conditional, but may be partial.
196. Art. 151 When bill is to be accepted.
197. Art. 152 Obligations of acceptor.
198. Art. 153 Protest for non- acceptance.
199. Art. 154 Dutyofdrawerand endorsers upon notification of protest for non- acceptance.
200. Art. 155 Where acceptor’s condition changes after acceptance of bill.
201. Art. 156 Obligation of surety.
202. Art. 157 Promise to accept bill.
203. Art. 158 Acceptance for honour or by intervention.
204. Art. 159 Order of preference where several persons offer to accept for honour.
205. Art. 160 Option of holder.
206. Art. 161 Preference to be given to party instructed to intervene.
207. Art. 162 Holder of bill may accept for honour.
208. Art. 163 Acceptance for honour how made.
209. Art. 164 Duties of acceptor for honour.
210. Art. 165 Whereacceptorfor honour does not state for whom he intervenes.
211. Art. 166 Rights of holder in case of acceptance for honour.
212. Art. 167 Bill accepted for honour to be presented for paymenttooriginal drawee.
213. Art. 168 Parties to a bill jointly and severally liable.
214. Art. 169 Aval. How is given. aval
215. Art. 171 Liability of party giving aval.
216. Art. 172 Time of payment.
217. Art. 173 At sight.
218. Art. 174 At a certain time or on a certain day.
219. Art. 175 Bill payable in the middle of the month.
220. Art. 176 Bill payable at a certain time after sight, or after date.
221. Art. 177 Half a month.
222. Art. 178 Gregorian calendar.
223. Art. 179 Bill payable at usance.
224. Art. 180 Where no time is expressed, bill is payable at sight.
225. Art. 181 When day of maturity is a Sunday, etc.
226. Art. 182 Where drawee is adjudged bankrupt.
227. Art. 183 In what money bill is payable.
228. Art. 184 Payer not bound to verify genuineness of endorsements.
229. Art. 185 Anticipated payment.
230. Art. 186 Payment at maturity without oppositionoperates as valid discharge.
231. Art. 187 Holder cannot be compelled to receive anticipated payment.
232. Art. 188 Payment of part of a bill drawn in sets.
233. Art. 189 Where accepted part is not taken back by payer.
234. Art. 190 Where several parts are accepted.
235. Art. 191 Protest for non- payment.
236. Art. 192 Payment of bill not endorsed to holder.
237. Art. 193 Liability of holder obtaining payment of bill.
238. Art. 194 Payment to be made against delivery of bill.
239. Art. 195 Part-payment.
240. Art. 196 Where bill is not presented for payment.
241. Art. 197 Pleas personal to endorsers.
242. Art. 198 Pleas personal to holder.
243. Art. 199 Opposition to payment of bill.
244. Art. 200 Loss of non- accepted bill.
245. Art. 201 Loss of accepted bill.
246. Art. 202 Where holder is unable to present any part of the bill.
247. Art. 203 Extinguishment of obligation arising from security.
248. Art. 204 When deposit of amount of lost bill may be demanded.
249. Art. 205 Deed of protest in case of a lost bill.
250. Art. 206 Liability of immediate endorser to holder endorsee of lost bill.
251. Art. 207 Owner of lost bill liable for expenses.
252. Art. 208 Liability for damages in case of refusal to give second, third, or other part.
253. Art. 209 Payment for honour.
254. Art. 210 How recorded.
255. Art. 211 Rights and duties of payer for honour.
256. Art. 212 Discharge of endorsers.
257. Art. 213 Wheretwoormore persons offer to pay supra protest.
258. Art. 214 Preference to be given to drawee.
259. Art. 215 Rights of acceptor by intervention where bill is paid by others.
260. Art. 216 When payer for honour forfeits right of recourse.
261. Art. 217 Bill and protest to be delivered up to payer for honour.
262. Art. 218 Holder to present bill for payment or for acceptance.
263. Art. 219 Times within which presentment is to be made.
264. Art. 220 Bill payable outside Malta.
265. Art. 221 Certain bills need not be presented for acceptance.
266. Art. 222 Where drawer or endorsers give different directions.
267. Art. 223 Presentment for payment to be made at maturity.
268. Art. 224 Place at which presentment, protest, etc., are to be made.
269. Art. 225 Acceptance not demandable on Sundays, etc.
270. Art. 226 When protest is to be made.
271. Art. 227 Protest for non- acceptance, etc., does not excuse holder from making protest for non-payment.
272. Art. 228 Holder to demand acceptance from party named in the bill in case of refusal of drawee to accept same.
273. Art. 229 Holder to demand payment from acceptor for honour, etc., in case of refusal of drawee to pay the bill.
274. Art. 230 Refusalofacceptor for honour, etc., to be recorded in or after protest.
275. Art. 231 Holder cannot refuse acceptance or payment for honour.
276. Art. 232 Retour sans protêt.
277. Art. 233 Notice of non- acceptance and of non-payment.
278. Art. 234 Where address of endorser is not stated in endorsement.
279. Art. 235 When holder loses his right of recourse.
280. Art. 236 Other cases in which holder loses his right of recourse.
281. Art. 237 How right of recourse may be exercised.
282. Art. 238 Times within which right of recourse against endorsers and drawers resident in Malta is to be exercised.
283. Art. 239 Running of times.
284. Art. 240 Right of recourse bared by lapse of time.
285. Art. 241 Where one or more of the parties liable on the bill are bankrupt.
286. Art. 242 Where holder accepts voluntary arrangement.
287. Art. 243 When right of recourse revives.
288. Art. 244 Payer entitled to have bill delivered up to him.
289. Art. 245 Acceptance and endorsements operative even if signatureofdrawer is forged.
290. Art. 246 Wherebillcontains forged acceptance or endorsement.
291. Art. 247 Protest to be drawn up by a notary public.
292. Art. 248 Form of protest.
293. Art. 249 Ineffectual inquiries to be noted.
294. Art. 250 A single act of protest to be drawn up even where the demand is to be made to several persons.
295. Art. 251 Want of protest cannot be supplied by other means.
296. Art. 252 How effected.
297. Art. 253 Definition of re- draft or retraite bill.
298. Art. 254 How re-exchange is regulated.
299. Art. 255 Re-draft to be accompanied by account of re-draft.
300. Art. 256 Contents of account.
301. Art. 257 Where there is no courseofexchange between place where re-draft is drawnandplaceon which it is drawn.
302. Art. 258 Interest.
303. Art. 259 Absence of certificate bars claims on re-draft.
304. Sub-title II
305. Art. 260 Provisions relating tobillsofexchange applicable to promissory notes.
306. Art. 261 Contents of promissory note.
307. Art. 262 Drafts or cheques.
308. Art. 263 Consequence of delay in presenting cheque.
309. TITLE VIII
310. Art. 264 Definition of account current.
311. Art. 265 Ownership of remittances.
312. Art. 266 Items of debit and credit.
313. Art. 267 Where secured claim is passed to account current.
314. Art. 268 Remittances of debts due.
315. Art. 269 Garnishee order against a party to an account.
316. Art. 270 Debtor not to impair his position in account current.
317. Art. 271 Account current to be wound up yearly.
318. Art. 272 Effects of death, disability or bankruptcy of party to an account current.
319. Sub-title I
320. Art. 273 Contract of affreightment.
321. Art. 274 Different kinds of affreightment.
322. Art. 275 Whencontractis be made in writing.
323. Art. 276 Rulesastotimefor loading and discharging, in the absence of agreement.
324. Art. 277 Where loading or dischargingistobe effectedatdifferent places.
325. Art. 278 Where person letting vessel makes untrue statement as to tonnage thereof.
326. Art. 279 When freight can be demanded.
327. Art. 280 When freight commences to run in cases where vessel is chartered by the month.
328. Art. 281 Buyer, etc., bound by affreightment previously stipulated by the seller, etc.
329. Sub-title II
330. Art. 282 Where freighter does not ship any portion of cargo.
331. Art. 283 Where freighter ships only a portion of cargo.
332. Art. 284 Contribution to general average where freighter fails to ship cargo, or ships only a portion thereof.
333. Art. 285 Where freighter abandons contract.
334. Art. 286 Person letting vessel may take in other goods in the place of those not shipped by freighter.
335. Art. 287 When freighter ships more than agreed upon.
336. Art. 288 Liability of person letting the vessel for delay.
337. Art. 289 Time for sailing where affreightmentisfor conveyance of goods in a general ship.
338. Art. 290 Right of shippers in contract for conveyance of goods in a general ship.
339. Art. 291 Where vessel is arrested through fault of freighter, etc.
340. Art. 292 Where vessel is detainedordelayed through fault of person letting the vessel.
341. Art. 293 Where freighter loads forbidden goods, etc.
342. Art. 294 Where vessel requires refitting.
343. Art. 295 Where vessel was unseaworthy at the time of sailing.
344. Art. 296 When freighter may withdraw goods inthe course of the voyage.
345. Art. 297 Where cargo becomes incapable of being carried.
346. Art. 298 Freight on goods sold during voyage.
347. Art. 299 Freight in respect of jettisoned goods.
348. Art. 300 No freight due for goods lost by shipwreck, etc.
349. Art. 301 Freight is due where goods are saved,
350. Art. 302 unless saved without co- operation of master.
351. Art. 303 Discharge of cargo.
352. Art. 304 When person letting vessel or master may discharge and deposit goods.
353. Art. 305 Master cannot detain goods on board.
354. Art. 306 When master loses his remedy against the freighter or shipper.
355. Art. 307 Where consignee refuses to receive the goods.
356. Art. 308 Lien or privilege extends to average and other charges. Cap. 16.
357. Art. 309 When goods are to be numbered, etc.
358. Art. 310 Freighter or shipper cannot demand reduction of freight.
359. Art. 311 When shipper may abandon goods for freight.
360. Sub-title III
361. Art. 312 When contract of affreightment is dissolvedipsojure.
362. Art. 313 Breaking out of war.
363. Art. 314 Person letting vessel maintains unimpaired his rightfordemurrage and average.
364. Art. 315 If vessel is freighted for more than one place of destination, and war breaks out before the completion of the voyages.
365. Art. 316 Where war breaks out before, or on arrivalofthevessel at the place of loading.
366. Art. 317 Interdiction of trade.
367. Art. 318 Embargo.
368. Art. 319 Blockade.
369. Art. 320 Conveyance in a general ship.
370. Sub-title IV
371. Art. 321 Bill of lading.
372. Art. 322 How drawn and transferred.
373. Art. 323 Parts of bill of lading.
374. Art. 324 Goods cannot be withdrawn without the bills of lading.
375. Art. 325 Persons between whom bill of lading is binding.
376. Art. 326 When different parts of a bill of lading are at variance.
377. Art. 327 Agents or consignees to give receipt.
378. Sub-title V
379. Art. 329 Passenger cannot transfer his right.
380. Art. 330 If passenger dies before commencement of voyage.
381. Art. 331 Interruption of voyage.
382. Art. 332 Passenger entitled to provisions during delay.
383. Art. 333 Passengers to obey master’s orders.
384. Art. 334 Master not to deviate at request of passenger.
385. Art. 335 Maintenance of passengers.
386. Art. 336 Property of deceased passenger.
387. Art. 337 Right of retention. Cap. 16.
388. Sub-title I
389. Art. 361 Contracts of insurance to be made in writing.
390. Art. 362 One contract may contain several insurances.
391. Art. 363 Transfer by endorsement.
392. Art. 364 Things that may be insured.
393. Art. 365 When and for what period insurance can be made.
394. Art. 366 Duration of risks.
395. Art. 367 Goods insured on vessel unknown to the assured.
396. Art. 368 When nature of goods is not stated in the contract.
397. Art. 369 Goods valued in foreign money.
398. Art. 370 Proof of value of goods.
399. Art. 371 Proof of anticipated profit.
400. Art. 372 Whereprofitisless than the sum declared by assured.
401. Art. 373 Proof of amount of freight.
402. Art. 374 Period of risk.
403. Art. 375 Period of risk in regard to goods,
404. Art. 376 in regard to freight,
405. Art. 377 in regard to insurersofloanson bottomry,
406. Art. 378 in regard to anticipated profits.
407. Art. 379 Anticipated profits to be valued separately.
408. Art. 380 Reinsurance.
409. Art. 381 Increase of premium on outbreak of hostilities.
410. Art. 382 Seaman or passenger having goods insured to deposit bill of lading.
411. Art. 383 Bankruptcy of the insurer or the assured.
412. Art. 384 When contract of insurance is null.
413. Art. 385 Concealment or mis-representation.
414. Sub-title II
415. Art. 386 Where voyage is abandoned before commencement of risk.
416. Art. 387 Risks borne by insurer.
417. Art. 388 Voluntary deviations,etc.,not to be borne by insurer.
418. Art. 389 Inherent vice of subject insured.
419. Art. 390 Barratry.
420. Art. 391 Collisions.
421. Art. 392 Pilotage dues, etc.
422. Art. 393 Clause “free from average”.
423. Art. 394 Clause “free from hostitilities”.
424. Art. 395 Vessel, etc., detained in port by hostile force.
425. Art. 396 Insuranceongoods to be shipped on two or more vessels.
426. Art. 397 Where voyage is prolonged or shortened.
427. Art. 398 Assured to give noticeofdisasterto insurer.
428. Art. 399 Assured to endeavour to preserveorrecover thing insured.
429. Art. 400 Insurer of loan on bottomry not liable for fraud of borrower.
430. Art. 401 If things insured are not dispatched.
431. Art. 402 Where undisclosed principal fails to dispatch goods.
432. Art. 403 Insurance for an amount over or under the real value.
433. Art. 404 Several contracts of insurance of the same subject.
434. Art. 405 If there are goods on board to the full amount of the several insurances made.
435. Art. 406 If master is allowed to touch different ports.
436. Art. 407 Return of premium in case of nullity of contract,
437. Art. 408 except in case of fraud, etc., of assured.
438. Art. 409 Insurance is null where insurer is aware of safe arrival of vessel, etc.
439. Art. 410 Facts which give risetopresumption of knowledge of arrival or loss.
440. Art. 411 Other facts giving rise to such presumption.
441. Art. 412 Clause “good or bad news”.
442. Sub-title III
443. Art. 413 Cases in which abandonment can be made.
444. Art. 414 When sale of goods gives rise to abandonment.
445. Art. 415 Contributions to generalaveragenot considered in establishing value of loss or deterioration.
446. Art. 416 Assured may sue for abandonment or for average.
447. Art. 417 No abandonment before risk attaches.
448. Art. 418 Abandonment cannot be conditional or partial.
449. Art. 419 Time within which abandonment is to be made.
450. Art. 420 Assured to give notice to insurer.
451. Art. 421 Whenlapseoftime gives right to abandonment without necessity of proving loss.
452. Art. 422 When loss is presumed to have happened in the case of “time policies”.
453. Art. 423 Definition of “long voyages”.
454. Art. 424 Assured may abandon at once or reserve his right to do so.
455. Art. 425 Statement to be made by assured in making abandonment.
456. Art. 426 Consequences of fraudulent statement.
457. Art. 427 Duty of insured in case of shipwreck, etc.
458. Art. 428 When sum insured is to be paid.
459. Art. 429 Insurer cannot be sued before proof of shipment and loss is furnished to him.
460. Art. 430 When court is to order provisional payment.
461. Art. 431 Effect of abandonment.
462. Art. 432 Abandonment of ship to include freight of things saved.
463. Art. 433 Arrestandrestraint of princes and peoples.
464. Art. 434 Assured to endeavour to secure release of goods arrested.
465. Art. 435 Abandonment on the ground of unseaworthiness.
466. Art. 436 Notice to be given to insurers of cargo.
467. Art. 437 Master to procure another vessel.
468. Art. 438 Risks in case of reshipment.
469. Art. 439 Charges for which insurer is liable.
470. Art. 440 If master fails to reship goods withintwomonths, the assured may make abandonment.
471. Sub-title I
472. Art. 441 Average.
473. Art. 442 Rules to be observed in the absence of special agreements.
474. Art. 443 General or particular average.
475. Art. 444 General averages.
476. Art. 445 Things which contribute towards general average.
477. Art. 446 How price of goods is fixed.
478. Art. 447 Particular averages.
479. Art. 448 By whom particular averages are borne.
480. Art. 449 Damage to goods occasioned by negligence of master or crew.
481. Art. 450 Expenses for pilotage, towage, etc., are not averages.
482. Art. 451 When action for average loss is not maintainable.
483. Sub-title II
484. Art. 452 Jettison.
485. Art. 453 Things to be thrown first.
486. Art. 454 Deliberation to be reduced into writing.
487. Art. 455 Statement of losses and damage.
488. Art. 456 Howthingsthrown overboard are valued.
489. Art. 457 Adjustment of average loss.
490. Art. 458 Where quality of goods is not truly stated.
491. Art. 459 Ammunition, victuals, etc., do not contribute to general average.
492. Art. 460 Goods for which there is no bill of lading.
493. Art. 461 Deck-cargo.
494. Art. 462 Where jettison does not save vessel. Where the vessel saved by the jettison, but is afterwards lost.
495. Art. 464 Damage sustained after the jettison.
496. Art. 465 Goods contribute to repair of vessel damaged for saving them.
497. Art. 466 No contribution by goods put into boats.
498. Art. 467 Where goods jettisoned are recovered.
499. Art. 468 Owner of goods not to contribute beyond value thereof.
500. Title I
501. Art. 477 State of bankruptcy. Cap. 12. Cap. 632.
502. Art. 478 Declaration in court.
503. Art. 479 Contents of the declaration of bankruptcy.
504. Art. 480 Production of books.
505. Art. 481 Declaration of bankruptcy on demand of creditor. Declaration may not be sought by childagainstparent or vice versa, etc. When declaration may be sought after death of trader. Creditor demanding adjudication of bankruptcy to give security.
506. Art. 482 Summoning of creditors.
507. Art. 483 Suing out of acts and proceedings. Reimburse-ment expenses incurred by the creditor.
508. Art. 484 Stay of claims.
509. Art. 485 Acts in fraud of creditors are void or voidable.
510. Art. 486 The bankrupt is relieved of ownership of property.
511. Art. 487 Debts owing by bankrupt not yet due, become payable on declaration of bankruptcy.
512. Title II
513. Art. 488 Appointment of bankruptcy trustee.
514. Art. 489 Authorisation of bankruptcy trustee. Cap. 632.
515. Art. 490 Publication of abstract of judgment in Gazette.
516. Art. 491 Removal of bankruptcy trustees.
517. Art. 492 Property which may be retained by the bankrupt.
518. Art. 493 Seizure of property.
519. Art. 494 Books open to inspection by the interested parties.
520. Art. 495 Bankruptcy estate.
521. Art. 496 Sale of perishables.
522. Art. 497 Sale of non- perishable assets.
523. Art. 498 Bankruptcy trustee may continue business. Cap. 16.
524. Art. 499 Sum of money which bankruptcy trustee may hold on trust. Cap. 632.
525. Art. 500 Action against bankruptcy trustee.
526. Art. 501 Preservation of rights.
527. Art. 502 Making up of inventory.
528. Art. 503 Contents of inventory.
529. Art. 504 Power of the court.
530. Title III
531. Art. 505 Recovery of bills of exchange, etc.
532. Art. 506 Recovery of goods.
533. Art. 507 Recovery of goods sold to bankrupt.
534. Art. 508 Goods not yet delivered to bankrupt.
535. Art. 509 Bankruptcy trustee’s power to withdraw goods.
536. Title IV
537. Art. 510 List of creditors. Meeting of creditors. Organisation of debts. Contents of debt register.
538. Art. 511 Application of creditor.
539. Art. 512 Person interested can assist in the examination of claims.
540. Art. 513 False claim.
541. Art. 514 Examination of submissions.
542. Art. 515 Appeal.
543. Art. 516 List of creditors failing to appear.
544. Title V
545. Art. 517 Call of meeting.
546. Art. 518 Proceedingsduring meeting.
547. Art. 519 Terms of debt agreement and debtor’s income payment plan.
548. Art. 520 Taking of votes.
549. Art. 521 Proposed terms shall be agreed upon by majority of creditors.
550. Art. 522 Proposal of fresh terms.
551. Art. 523 Proposed terms shall be confirmed by court.
552. Art. 524 Effects of confirmation. Cap. 16.
553. Art. 525 Where debt agreement provides for the abatement of personal debts.
554. Art. 526 Right of action of creditors against co-debtors.
555. Art. 527 The bankruptcy trustee shall render accounts.
556. Title VI
557. Art. 528 If debt agreement is not approved.
558. Art. 529 Minimum requirementsofthe bankruptcy order.
559. Art. 530 Presentation of evidence regarding fraud.
560. Art. 531 Right to be heard.
561. Art. 532 Confirmation and variation.
562. Art. 533 Redemption of pledges.
563. Art. 534 Liabilityforunpaid debts and rehabilitation. Where the bankrupt is a legal person. Where the bankrupt is a natural person. Cap. 16.
564. Art. 535 Where bankruptcy order provides for the abatement of part of debt.
565. Art. 536 Right of action of creditors against co-debtors.
566. Art. 537 The bankruptcy trustee shall render accounts.
567. Title VII
568. Art. 538 General provisions. Appointment of curator to give his consent in lieu of a creditor. Cap. 452. Cap. 386. Cap. 16.
569. Art. 539 Fraudulent bankruptcy.
570. Art. 540 Cases where trader may be adjudged a fraudulent bankrupt.
571. Title I
572. Art. 541 Times to be peremptory.
573. Art. 542 Actions barred by the lapse of five years.
574. Art. 543 Actions arising from bottomry contracts, etc.
575. Art. 544 Actionsfor freight, etc.
576. Art. 545 Actions that are inadmissible.
577. Art. 546 Prescription to run against minors, etc.
578. Title II
579. Art. 547 Commercial jurisdiction.
580. Art. 548 Controversies of a commercial nature.
581. Art. 549 Other matters cognizablebyCivil Court, First Hall.
582. Title III
583. Art. 550 Commercial fees.
584. Art. 551 Power of Minister responsible for justice to establish fees.
585. Art. 552 Contrary customs to be inoperative. con- in s.1 of of 1898,
586. PART I
587. Art. 3 2 goods; market in person; whose other