Page 4 Advertisements Column 1

Kumara Times, Issue 1089, 27 March 1880, Page 4

The following stipulations in regard to bills of lading has been received from a correspondent by the Committee of Lloyd's : "I venture to call attention to the case of Crooks v. Allan, the judgment in which was repotted in the 'J imes, oE 22nd December. This case directs attention in a pointed manner to the extent to which underwriters and merchants may be affected by the very special and unreasonable terms of the bills of lading issued by seme of the large steamship companies; and it also establishes judicially, for the first time, that by taking such special bills of lading, shippers ran great risk of invalidating their policies of insurance, inasmuch as they are practically depriving the underwriters of the safeguards which they are entitled to expect as regards the carriage of the goods, and of their remedies over against the shipowner in case of loss happening through the default of bis servant?, or from any other cause for which he would have been liable but for the special terms of the bill of lading. The learned Judge a so animadverts in strong terms on the common practice of shipowners as fregards these special conditions, and he points out that it is not fair to the merchants to insert such sweeping clauses in small type m a part of the bill of lading in which they are practically sure to escape attention. H e further intima.ed that in his opinion merchants shipping goods in ignorance of these conditions, and who do not in fact notice the special clauses when the bill of lading is handed to them, would not be bound by them. It results from this judgment that it is of the utmost importance both to underwriters and shippers that tho latter shall examine their bills of lading when received, and in case they contain unexpected or un • usual stipulations, that they shall protest against them j it further results that if they do not do so their policies may be void."