101 Carriage Of Goods By Sea

• Author: Ralph Hone
• Pages: #3

CHAPTER 101.

CARRIAGE OF GOODS BY SEA.

AN ACT TO MAKE UNIFORM THE LAW WITH RESPECT TO THE CARRIAGE OF GOODS BY SEA.

[22nd March 1926.] Whereas at the International Conference on Maritime Law held at Brussels in October, one thousand nine hundred and twenty-two, the delegates at the Conference, including the delegates representing His Majesty, agreed unanimously to recommend to their respective Governments to adopt as the basis of a convention a draft convention for the unification of certain rules relating to bills of lading:

And whereas at a meeting held at Brussels in October, one thousand nine hundred and twenty-three, the rules contained in the said draft convention were amended by the Committee appointed by the said Conference:

And whereas it is expedient that the said rules as so amended and as set out with modifications in the Schedule to this Act should, subject to the provisions of this Act, be given the force of law with a view to establishing the responsibilities, liabilities, rights and immunities attaching to carriers under bills of lading:

1. This Act may be cited as The Carriage of Goods by Sea Act.

2. In this Act, unless the context otherwise requires'rules' means the rules in the Schedule to this Act.

3. Subject to the provisions of this Act, the rules shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any port in the Colony to any other port whether in or outside the Colony.

   3 of 1926.

   Short title.

   Interpretation.

   Schedule.

   Application of rules in Schedule.

   Absolute warranty of seaworthiness not to be implied in contracts to which rules apply.

   Statement as to application of rules to be included in bills of lading.

   Modification of Article VI. of rules in relation to coasting trade.

   Modification of rules 4 and 5 of Article III in relation to bulk cargoes.

   Saving and operation.

   57 and 58 Vict.

   3. 60.

4. There shall not be implied in any contract for the carriage of goods by sea to which the rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

5. Every bill of lading, or similar document of title, issued in the Colony which contains or is evidence of any contract to which the rules apply shall contain an express statement that it is to have effect subject to the provisions of the said rules as applied by this Act.

6. Article VI. of the rules shall, in relation to the carriage of goods by sea in ships carrying goods from any port in the Colony to any other port in the Colony, have effect as though the said article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the said article were omitted.

7. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of-lading is a weight ascertained or accepted by a third party other than the carrier or the shipper and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper.

8. -(1) Nothing in this Act shall be construed to affect the operation of sections 446 to 450, both inclusive, 502 and 503 of the Act of the Imperial Parliament entitled the Merchant Shipping Act, 1894, as amended by any subsequent enactment, or the operation of any other enactment for the time being in force limiting the liability of the owners of seagoing vessels.

   (2) The rules shall not by virtue of this Act apply to any contract for the carriage of goods by sea made before such day, not being earlier that the twenty-first day of January, one thousand nine hundred and twentysix, as the Governor may by Order in Council direct,

   [C.O 14 ICH.101. 1645 *nor to any bill of lading or similar document of title issued, whether before Or after such day as aforesaid, in pursuance of any...