Cap. 13 Art. 315If vessel is freighted for more than one place of destination, and war breaks out before the completion of the voyages.

If a vessel, freighted for more than one place of destination, after the completion of one voyage, happens to be in the port wherefrom she is to undertake another voyage, and a war breaks out before the commencement of such other voyage, the following rules shall be observed:

(a) if neither the vessel nor the cargo is free -the vessel shall stay in port until the conclusion of peace, or until she can sail with convoy, or in any other safe manner, or until further instructions are transmitted to the master by the owners of the vessel and of the cargo, where the vessel is laden, the master may deposit the goods in a warehouse or in any other place of safe custody, until the voyage can be continued or until other measures are adopted, the wages of the seamen and the expenses for the maintenance of the crew, warehouse rent and any other expense occasioned by the delay shall be borne, by way of general average, by the freighter and the person letting the vessel, where the vessel is not laden, two-thirds of the expenses shall be borne by the freighter;

(b) if the vessel only is not free -the contract for the intended voyage shall be dissolved upon the demand of the person letting the vessel, where the vessel is laden, the person letting her or the master shall pay the expenses for loading and unloading, and they can only claim freight in proportion to the voyages already performed, demurrage, and general average;

(c) if the cargo only is not free, and the freighter does not otherwise effect the shipment, the master may sail without the cargo, and complete the voyage undertaken. In any such case, the person letting the vessel or the master is entitled, on completion of the voyage, to claim the whole freight, and the provisions of articles 284 and 286 shall also apply: Provided that if the freighter is absent they shall use all due diligence to obtain a cargo from other persons.