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8. The ship, the owner, charterer, master or agent shall not be liable for loss or damage to or in connection with goods for a greater amount than one hundred dollars per package, unless a higher value is stated in the bill of lading or other shipping document, nor for any loss or damage whatever if the nature or value of such goods has been falsely stated by the shipper, unless such false statement has been made by inadvertence or error. The declaration by the shipper as to the nature and value of the goods shall not be considered as binding or conclusive on the ship, her owner, charterer, master or agent.

9. Every owner, charterer, master or agent of any ship carrying goods, shall on demand issue to the shipper of such goods a bill of lading showing, among other things, the marks necessary for identification as furnished in writing by the shipper, the number of packages or pieces, or the quantity or the weight, as the case may be, and the apparent order and condition of the goods as delivered to or received by such owner, charterer, master or agent; and such bill of lading shall be prima facie evidence of the receipt of the goods as therein described.

10. In case of wood goods, notwithstanding anything in the charter-party, bill of lading, or other shipping document, the owner, charterer, master or agent of the ship, or the ship itself, shall only be bound to deliver to the consignee, the pieces received from the shipper, and shall not be held responsible for deficiency in measurement; and any words inserted in any charter-party, bill of lading or other shipping document for the purpose of

making the owner, charterer, master or agent of the ship, or the ship itself, liable for deficiency in measurement in such case shall be illegal, null and void and of no effect. [Repealed by Act of 1911. See below.]

II. When a ship arrives at a port where goods carried by the ship are to be delivered, the owner, charterer, master or agent of the ship shall forthwith give such notice as is customary at the port, to the consignees of goods to be delivered there, that the ship has arrived.

12. Everyone who, being the owner, charterer, master or agent of a ship—

(a) inserts in any bill of lading or similar document of title to goods any clause, covenant or agreement declared by the Act to be illegal; or makes, signs, or executes any bill of lading or similar document of title to goods containing any clause, covenant or agreement declared by this Act to be illegal;

without incorporating verbatim, in conspicuous type, in the same bill of lading or similar document of title to goods, section 4 of this Act; or,

(b) refuses to issue to a shipper of goods a bill of lading as provided by this Act; or,

(c) refuses or neglects to give the notice of arrival of the ship required by this Act;

is liable to a fine not exceeding one thousand dollars, with cost of prosecution; and the ship may be libelled therefor in any Admiralty District in Canada within which the ship is found.

Such proportion of any penalty imposed under this section as the Court deems proper, together with full costs, shall be paid to the person injured, and the balance shall belong to His Majesty for the public uses of Canada.

13. Everyone who knowingly ships goods of an inflammable or explosive nature, or of a dangerous nature, without before shipping the goods making full disclosure in writing of their nature to, and obtaining the permission in writing of, the agent, master or person in charge of the ship, is liable to a fine of one thousand dollars.

14. Goods of an inflammable or explosive nature, or of a dangerous nature, shipped without such permission from the agent, master or person in charge of the ship, may, at any time before delivery, be destroyed or rendered innocuous by the master or person in charge of the ship, without compensation to the owner, shipper or consignee of the goods; and the person so shipping the goods shall be liable for all damages directly or indirectly arising out of such shipment.

15. This Act shall not apply to any bill of lading or similar document of title to goods made pursuant to a contract entered into before this Act comes into force.

16. This Act shall come into force on the first day of September, One thousand nine hundred and ten.

1-2 George V., Chap. 27.

AN ACT TO AMEND THE WATER-CARRIAGE OF GOODS ACT.

(Assented to 19th May, 1911.)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Paragraph (a) of section 2 of the Water-Carriage of Goods Act, chapter 61 of the statutes of 1910, is repealed, and the following is substituted therefor:

"(a) 'goods' includes goods, wares, merchandise and articles of any kind whatsoever, except live animals and lumber, deals and other articles usually described as 'wood-goods.""

2. Section 10 of the said Act is repealed.

INDEX

AUSTRALIAN legislation, 13, 43, 52

Bankers, 2, 27, 34, 70, 75
Bill of lading:

claim, notice of, 65
conclusive evidence, 29, 64
definition, 4, 40, 41, 75
excepted perils, 26, 76, 79
marks, 25, 48, 50, 61
negligence clauses, 6, 11, 31,
55
negotiability, 4, 27, 42, 89
"received for shipment," 21,
25, 45, 50, 69

shipment, evidence of, 49, 61
through, 7, 44
Bulk cargo, see Cargo

Canadian legislation, 13, 15, 19,
43, 54, 59, 63, 65, 80, 83, 106

Cargo:

bulk, 25, 34, 49, 64, 73

deck, 39, 43

[blocks in formation]
[blocks in formation]

bulk cargo, see Cargo

carriage of, definition, 40, 43
claim, notice of, 50, 65
condition, 49, 61, 63
damage to, 65

dangerous, 78, 86

definition, 39, 43, 106, 112

loading, 57, 92

loss of, 50, 65

marks, 25, 48, 50, 61
removal of, 25, 50, 65
responsibility for, 48, 55
shipment, 49, 61
stowage, 57, 59
unloading, 57, 92
value, 28, 31, 77, 82

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