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Code Henry

The first comprehensive legal code of the Kingdom of Haiti, promulgated by King Henry Christophe on February 20, 1812 — a sovereign act of juridical self-determination just eight years after the world's only successful slave revolution produced an independent nation. This digital edition presents the complete Code in 3,004 articles spanning 8 laws and 67 titres — from the Loi Civile's 1,535 articles on personhood, marriage, property, and succession, to the Loi sur la Procédure Criminelle's 421 articles on investigation, confrontation, and royal clemency. Every article has been hand-extracted from 19th-century OCR, corrected, translated into English, and annotated with plain-language life lessons and scholarly notes. Browse in French, English, or Kreyòl Ayisyen. 3,004 articles · 8 laws · 3 languages · 213 years restored

3,004 articles in the Code Henry

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123
Article 123 Commercial Law · Des Affrétemens, Nolissemens, Chartes-parties
Commercial Law
Force majeure annuls all agreements; however, if the effects of such causes last only fifteen days, the agreements shall stand; but if they persist for...
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Force majeure annuls all agreements; however, if the effects of such causes last only fifteen days, the agreements shall stand; but if they persist for a longer period, they shall be annulled by operation of law, without either party being able to demand any indemnity; they survive if the force majeure occurs during the voyage; in that case, there shall be no increase in freight.

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124
Article 124 Commercial Law · Des Affrétemens, Nolissemens, Chartes-parties
Commercial Law
The ship, as it stands and is, and the freight, are subject to payment of the parties' agreements.
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The ship, as it stands and is, and the freight, are subject to payment of the parties' agreements.

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125
Article 125 Commercial Law · Des Connaissemens
Commercial Law
The bill of lading, which must be made in duplicate, triplicate, etc. and signed by the shipper and the captain, shall contain: the type, quantity,...
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The bill of lading, which must be made in duplicate, triplicate, etc. and signed by the shipper and the captain, shall contain: the type, quantity, and quality of the various goods loaded; the name of the vessel and the city to which it belongs; the condition of the vessel when chartered; the captain's name, the port where it is moored; the port for which it is dispatched; the shipper's name and domicile; the freight price; the marks and numbers of goods loaded for freight, noted in the margin; and finally the name of the person to whom they are consigned; whether the freight has been paid or not; and in the latter case, who must pay; but force majeure is always excepted, as a matter of law.

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126
Article 126 Commercial Law · Des Connaissemens
Commercial Law
As for coastal trade within the kingdom's ports, the dispatch sheets, which shall be detailed as prescribed by article 100, shall serve as bills of...
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As for coastal trade within the kingdom's ports, the dispatch sheets, which shall be detailed as prescribed by article 100, shall serve as bills of lading and have their full force.

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127
Article 127 Commercial Law · Des Connaissemens
Commercial Law
If the bills of lading do not agree, the one in the captain's hands shall prevail; which is why it must be countersigned by the...
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If the bills of lading do not agree, the one in the captain's hands shall prevail; which is why it must be countersigned by the shipper, subject to other evidence the shippers may provide.

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128
Article 128 Commercial Law · Des Connaissemens
Commercial Law
The consignees who have received the merchandise listed in the bills of lading shall be required to give the captain a good and valid discharge....
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The consignees who have received the merchandise listed in the bills of lading shall be required to give the captain a good and valid discharge. If there is a deficit or damage in the merchandise, they shall have it verified before the admiralty judge, and the amount shall be withheld from the freight, if applicable; if the freight is insufficient, they shall proceed against the vessel owner on which they experienced said deficit or damage.

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129
Article 129 Commercial Law · Du Fret
Commercial Law
Freight is established by the written agreements of the parties.
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Freight is established by the written agreements of the parties.

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130
Article 130 Commercial Law · Du Fret
Commercial Law
If the vessel is chartered in part, the charterer may only load in the agreed proportion; if chartered in whole, the ship operator may load...
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If the vessel is chartered in part, the charterer may only load in the agreed proportion; if chartered in whole, the ship operator may load nothing on board without the charterer's consent, who becomes, so to speak, the owner for the voyage, and alone has the right to profits from any excess freight.

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131
Article 131 Commercial Law · Du Fret
Commercial Law
If the tonnage stated in the charter party does not exist, the ship operator owes the charterer an indemnity, which shall be established by a...
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If the tonnage stated in the charter party does not exist, the ship operator owes the charterer an indemnity, which shall be established by a rule of proportion.

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132
Article 132 Commercial Law · Du Fret
Commercial Law
But if the charterer has chartered in whole (whether the cargo is complete or not), he nonetheless owes the full amount of freight stated in...
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But if the charterer has chartered in whole (whether the cargo is complete or not), he nonetheless owes the full amount of freight stated in the charter party.

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133
Article 133 Commercial Law · Du Fret
Commercial Law
The captain has the right to put ashore, at the expense and risk of the shippers, merchandise found on board that is not stated in...
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The captain has the right to put ashore, at the expense and risk of the shippers, merchandise found on board that is not stated in the charter party, where he shall have an appraisal made and may demand the highest freight price available on the market.

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134
Article 134 Commercial Law · Du Fret
Commercial Law
The captain is paid freight for merchandise thrown overboard for the common safety; but the apportionment of the value of the merchandise shall be made,...
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The captain is paid freight for merchandise thrown overboard for the common safety; but the apportionment of the value of the merchandise shall be made, and their loss borne by the total cargo mass, by a rule of proportion.

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135
Article 135 Commercial Law · Du Fret
Commercial Law
If proof is obtained of a false appraisal of merchandise loaded on board, the captain may have a new appraisal made and demand his freight...
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If proof is obtained of a false appraisal of merchandise loaded on board, the captain may have a new appraisal made and demand his freight on the new estimate.

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136
Article 136 Commercial Law · Du Fret
Commercial Law
In the case of complete fraud, that is, where declared merchandise is not found in the crates, packaging, etc., the captain has the right to...
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In the case of complete fraud, that is, where declared merchandise is not found in the crates, packaging, etc., the captain has the right to pursue the shippers before the admiralty court, or criminally, at the request of the king's prosecutor.

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137
Article 137 Commercial Law · Du Fret
Commercial Law
The salaries of officers and wages of sailors may not be included in what we call the common mass; and they have no part in...
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The salaries of officers and wages of sailors may not be included in what we call the common mass; and they have no part in this distribution.

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138
Article 138 Commercial Law · Du Fret
Commercial Law
Merchandise loaded on board a vessel is the guarantee for the freight. However, the captain may not keep them on board; but he is authorized...
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Merchandise loaded on board a vessel is the guarantee for the freight. However, the captain may not keep them on board; but he is authorized to require security and guarantee for the amount of his freight.

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139
Article 139 Commercial Law · Du Fret
Commercial Law
In the case where the charterer is unable to provide adequate security, the captain may, for the safety of his freight payment, retain a sufficient...
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In the case where the charterer is unable to provide adequate security, the captain may, for the safety of his freight payment, retain a sufficient quantity of merchandise until payment is made, and return the excess to the charterer, to enable him to pay from the sale proceeds of the returned merchandise.

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140
Article 140 Commercial Law · Du Fret
Commercial Law
If there are cargoes on board from several charterers, the largest shipper shall become the surety for the others, and to him alone shall be...
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If there are cargoes on board from several charterers, the largest shipper shall become the surety for the others, and to him alone shall be indiscriminately delivered the merchandise for which freight is pursued, to sell it and settle their freight.

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141
Article 141 Commercial Law · Du Fret
Commercial Law
In the case of proven bad faith on the part of the charterer, the captain may even request through the courts the public sale of...
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In the case of proven bad faith on the part of the charterer, the captain may even request through the courts the public sale of the merchandise on board.

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142
Article 142 Commercial Law · Du Contrat d'Assurance
Commercial Law
The insurance contract is one by which seafarers commit in writing to deliver merchandise to an indicated place, for an agreed premium, or else pay...
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The insurance contract is one by which seafarers commit in writing to deliver merchandise to an indicated place, for an agreed premium, or else pay the value of the merchandise stated therein. The insurance contract shall therefore be drawn up in writing; it shall be dated with the day it is agreed and the hour it is signed. It may be made by private signature, provided that two domiciled merchants sign as witnesses, declaring they have read its contents.