the travaux préparatoires hague rules hague-visby rules - Comite ...

188 COMITE MARITIME INTERNATIONALThe Travaux Préparatoires of the Hague and Hague-Visby RulesCMI 1922 London ConferenceText submitted to the Conference(CMI Bulletin No. 65 - Gothenborg Conference)[363]3. After receiving the goods into his charge, the [364] carrier or the master or agentof the carrier shall on demand issue to the shipper a bill of lading showing amongst otherthings-(CMI Bulletin No. 57 - London Conference)Morning sitting of 10 October 1922[354]Sir Leslie Scott: Mr. President, before Sir Norman Hill sits down, I wonder if hewould extend his kindness by answering two questions. One is the question of a charteredship. If the shipper in accordance with Article 3(3), demands a bill of lading presumablyhe is entitled to receive a bill of lading. That bill of lading containing the stipulationsof the Hague Rules may impose a greater burden on the shipowner then thecharter. Will the shipowner be entitled to say to the shipper: “If you want a bill of ladingyou shall have it, but you [355] must pay me a slightly extra freight”. That is onequestion I should like considered; because I think the solution of the chartered ship isone of the points that has to be made clear.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sir Norman Hill: Well, Mr. Solicitor General, the answer to the first question isthis. If under the charter the shipowner is bound to issue a bill of lading then he mustgive one which comes under the Rules. Now what is to be put into that bill of lading?With regard to weight or numbers or quantity or contents the shipowner is only boundto put into the bill of lading such information as is furnished to him by the charterer,and the charterer warrants the accuracy of that information. If under the charter partythe shipowner does not undertake to issue bills of lading the matter is finished. Thecargo would be carried and delivered under the charter party.Judge Hough: Mr. Chairman, with submission may I put a query to Sir NormanHill.The Chairman: Yes. Sir Norman has not yet reached the second of the questionshe has in hand.Sir Norman Hill: I think his question probably clears up this first question.The Chairman: If it is a relevant question to this first matter perhaps you will putit now.[356]Judge Hough: In my experience, and I think all North Atlantic experience, thecommon phrase of a charter party is that the master “shall issue bills of lading not incontravention of the terms of this charter party” or words to that effect.Sir Norman Hill: That is right.Judge Hough: Consequently by long established custom the masters of all charteredships have been by charter obligation bound to issue bills of lading under sucha charter untouched by the Hague Rules per se, and the charter party is just as good asever it was. If a demand is made upon the master of a chartered ship to issue bills oflading as per charter party, do such bills of lading come under and connote and implyall the obligations of these Rules irrespective of the charter party?Sir Norman Hill: That, Judge, is I understand the effect of the Rules, and it is the