Title 18 — Business Structure and Function

A servant is one who is employed to render personal service to his employer, 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.

A servant is presumed to have been 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.

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 COL120106 hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed. SOURCE: CC § 2011.

Where, after the expiration of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service. SOURCE: CC § 2012. NOTE: No CC § 2013 existed…

A servant must deliver to his master, as soon as with reasonable diligence he can find him, everything he receives 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.

A master may discharge any servant, other than an apprentice, whether 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,…

An angent must not exceed the limits of his actual authority, as defined by Part 2 of this Title on Agency. SOURCE: CC § 3019.

An agent must use ordinary diligence to keep his principal informed of his acts in the course of the agency. SOURCE: CC § 2020.

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 dishonor, and, if it is a bill of exchange, must present it for acceptance with reasonable diligence. SOURCE: CC § 2021.

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

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 authorized to receive payment therefor from the purchaser. SOURCE: CC § 2026.

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…

A factor may sell property consigned to him on such credit as is usual; but, having once agreed with the purchaser upon the term of credit, may not extend it. SOURCE: CC § 2028.

A factor who charges his principal with a guaranty commission upon a sale thereby assumes absolutely 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 purchaser; but he does not thereby assume any additional responsibility fo…

COL120106 A factor who receives property for sale, under a general agreement or usage to guarantee the sales or the remittance of the proceeds, cannot relieve himself from responsibility therefor without the consent of his principal. SOURCE: CC § 2030. NOTE: No 1970 Civil Code '§…

The master of a ship is appointed by the owner, and holds during his pleasure. SOURCE: CC § 2034.

The master of a ship is bound to be always on board when entering or leaving a port, harbor, or river. SOURCE: CC § 2035.

On entering or leaving, or operating a vessel within, a port or harbor, the master of a vessel, unless otherwise exempt under the provisions of this Chapter or pursuant to Federal Law, must take on a pilot duly licensed by the Port Authority of Guam to provide pilotage services. …

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 regulations of the Authority for persons who seek to engage in the profession of harbor pilot within Guam. Each such license…

It shall be unlawful for any person not licensed as a pilot under this Chapter to pilot or to offer to pilot a vessel not exempt from this Chapter. It shall be unlawful for any person on board a tug or towboat to tow a vessel or barge not exempt from this Chapter, unless the vess…

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 or pilot fees, shall be negotiated and agreed upon by the parties thereto, exc…

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.

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.

Every vessel involved in trade or commerce, other than an exempt vessel, entering, departing from or traversing 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 destructi…

A harbor pilot is not required for: 1. vessels not involved 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-por…

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…

This Section is not intended 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 Master may recommend or require the assistance of a pilot for any vessel exempt by this …

COL120106 The Board of Directors of the Port Authority of Guam shall adopt rules and regulations establishing credentialing criteria for and governing the conduct of pilots. In addition to credentialing criteria and standards of professional conduct, such rules and regulations sh…

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 regulations. As the basis for approving applications, the Manager may by rule accept the determinations of …

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 o…

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 Guard as a pilot shall be denied a territorial harbor pilot's license or a renewal thereof. Nor shall any appl…

Except as provided in § 56403.5, the Manager may deny the issuance of a license to any applicant 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, including but not limited to the foll…

COL120106 The Manager shall appoint a Pilot License Advisory Committee, consisting of seven (7) members, including the Harbor Master, who shall serve as its Chairperson; Assistant Harbor Master; three (3) licensed harbor pilots; and two (2) members representing the shipping indus…

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 shall be in…

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. COL120106

The master of a ship may enforce the obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment, being responsible for the abuse of his power. SOURCE: CC § 2037.

The master of a ship may confine any person on board, during a voyage, for willful disobedience to his lawful commands. SOURCE: CC § 2038.

If, during a voyage, the ship's supplies fail, the master, with the advice of his officers, may compel persons who have private supplies on board to surrender them for the common want, on payment of their value, or giving security therefor. SOURCE: CC § 2039.

The master of a ship must not abandon it during the voyage, without the advice of the other officers. SOURCE: CC § 2040.

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 penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated …

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 account to his employer for all profits thus made by him. SOURCE: CC § 2042. COL120106

The master of a ship must use great care and diligence in the performance of his duties, and is responsible for all damage occasioned by his negligence, however slight. SOURCE: CC § 2043.

The authority and liability of the master of a ship, as an agent for the owners of the ship and cargo, are regulated 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 existe…

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 rights as mate. SOURCE: CC § 2048.

All persons employed 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.

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 persistent disobedience or gross disqualification, but cannot otherwise be discharged before the termination of a voyage. SOURCE: CC § 2050.

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 survey has been had. SOURCE: CC § 2051.

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 salv…

No special agreement entered into by a seaman can impair any of his rights, or add to any of his obligations, as defined by law, unless he fully COL120106 understands the effect of the agreement, and receives a fair compensation therefor. SOURCE: CC § 2053.

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.