BILLS OF LADING

Dominion, Volume 13, Issue 144, 13 March 1920, Page 6

COMMERCIAL MEN'S GRIEVANCE

TERMS OF THE HARTER ACT

The terms of Ihe bills of lading issued by shipping companies doing Inis.ness with 2\evi" Zealand have long been resented by commercial men. . Some of the clauses., in the opinion of importers and exporters, are unfair in operation, since they exempt the shipping companies from liability that properly belongs to them. The quoit, on was raissd again at the recent conference, of the Associated Chambers of Commerce, and delegates urged that the Government ought to protect shippers by enacting legislation similar to .the JTarter Aft now m fores in tho United States. • The important clauses of the barter. Act are.as follow.. Section. 1.-It shall not 1* lawful for .the manager, agent, master or owner of any vessel transporting merchandise or property from or between ports ot the United States and foreign po.'tsto insert in' any bill of lading or shipping uocunient'any clau-e, .covenant, or agreement. whertby it. he, or they shall ho, relieved from-liability for loss or damage arising from negligence, fault, or failure ' in proper loading, stowage, eustc'iy care. •:iv proper dflliveiv'of any and all hyyrful merchandise or property .committed to its or their charge. Any and nil words or clauses of such import •.nserted in bills of lading or shipping receipts snob be t>ii!! mid void mH cf no etlcct. •Section 2.—Tt shall, net. lr lawful, for any vessel transporting merchandise or | propcrtv from or between ports of the. United' States/of America, ami foreign ports, her owner, master, agent or manager to insert in any bill of lading or shipping document l anv covenant or agreement whereby tho obligations of-the ow.ner or owners, of said vessels to esercjse due diligence, -properly, eiiiiip. man, provision, and. outfit, said vessel, aiuLto. make said vessel seaworthy and canape of. performing her intfiided .voyage, or whereby the obligations of the master, officers, agents, or servants to. carefully handle and slow her cargo and to care for .and jproperly deliver same, shall, in...any wise be lessened, .weakened, .or. avoided. .- ■ Section 3—lf the. owner of .any vessel - transporting merchandise or property to or. from any port, ill the Unitejl States of. America shall line. diligence •to make tho said vessel in..all respccls. :sea,worthv and. properlv. manned, equipped, a.ncl supplied, neither, '.he vessel,, or owners, agents, or charterers shall become or be held responsible for ...damage or loss' resulting-.'from.-: faults or errors in navigation or in the management of said vessel, nor shall the vessel,, her owner or owners, charterers, agent, or master, be held liable for.-losses arising t4'om dangers ot- l.lio -sea or .other, navigable waters, acts of God, or public enemies,, or the inherent, defect, quality,, or? vice of the- thing- carried,. or from-, -insufficiency of package, or seizure .under ■ legal process, or for loss resulting from any act or omission of ; the shipper or ■ lowlier of the goods, his agent or i*i>re-. sentutive. or from saving or attempting' to.'save life or property at sea,-or from any deviation in rendering.such service. . • Section 4.—lt shall lie the duty of the owner or owners, mjstor or agent of any vessel transporting merchandise, or property' from- or between ports of the 1 United States and foreign ports to issu;- ' to shippers of .any lawful .iuercliai'«v.sii a-bill of lading, or shipping document, stating, among other Jthings, the marks necessary for identification, ■-number of packages, or quantify, stating whether it lie carrier's ox shipper's weight, and apparent order or Condition of such merchandise or property delivered .to and received bv tho owner, master, or agent of the vessel for transportation, and Midi"document shall be prima facie evidence of the receipt of the merchandise [ therein described.