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

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

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PART II - HAGUE RULES 203Article 3 (3) (a) - Contents of bill of lading: marksfication”. If any o<strong>the</strong>r marks that a manufacturer chooses to put upon his boxes haveto be placed on <strong>the</strong> bills of lading, <strong>the</strong>n <strong>the</strong>re will have to be very stringent regulationsmade that all cargo is to be down alongside at least a week, or ten days, or a fortnight,before <strong>the</strong> ship sails, so that everything can be checked, and you will introduce an impossibleset of conditions. So we suggest that it should be limited to “leading marks”.Then <strong>the</strong> next point is this. These statements which <strong>the</strong> shipowner is to be bound toput on to <strong>the</strong> bill of lading must be [85] all in his hands before <strong>the</strong> loading starts. Yousee under subsequent clauses you are making this document which you are obliging<strong>the</strong> shipowner to issue prima facie evidence against <strong>the</strong> shipowner. It is obviously <strong>the</strong>intention of <strong>the</strong> cargo interests to make <strong>the</strong> bill of lading of greater value by takingevery care that it correctly states what is put on board. That, of necessity, entails on <strong>the</strong>shipowner a good deal more labour. He will have to make all proper provisions forchecking such things. I submit that if that bill of lading is to be made prima facie evidenceagainst him, <strong>the</strong>n <strong>the</strong> statements that he has to put on <strong>the</strong> bill of lading must beplaced in his hands before <strong>the</strong> loading starts, so that he will have every opportunity ofchecking everything that he has to put into <strong>the</strong> bill of lading, by which he is to bebound. The o<strong>the</strong>r point is just a small point. “Provided such marks are stamped or o<strong>the</strong>rwiseshown clearly upon <strong>the</strong> goods if uncovered, or on <strong>the</strong> cases or coverings in whichsuch goods are contained”.The Chairman: That is drafting only.Sir Norman Hill: That is drafting only.The Chairman: I think I might ascertain whe<strong>the</strong>r <strong>the</strong> Committee is satisfied that<strong>the</strong> proper marks to be insisted upon are <strong>the</strong> leading marks. The gentlemen know what<strong>the</strong> course of business is. The question is that Sir Norman Hill’s amendment to introduceafter “The” in 3 (a) <strong>the</strong> word “leading” be adopted. (Agreed).Then as to <strong>the</strong> point of time, in <strong>the</strong> second line of 3 (a) “before <strong>the</strong> loading starts”,that seems to follow as a matter of course. Is that agreed? (Agreed).And <strong>the</strong> words “if uncovered” at <strong>the</strong> end of line 3 and beginning of line 4 are obviouslynecessary words. Is that agreed? (Agreed).The question is that 3 (a) as amended stand part of <strong>the</strong> draft. (Agreed).Text adopted by <strong>the</strong> Conference[256]3. AFTER RECEIVING THE GOODS INTO HIS CHARGE <strong>the</strong> carrier or <strong>the</strong> master or agentof <strong>the</strong> carrier shall on <strong>the</strong> demand of <strong>the</strong> shipper issue a bill of lading showing, amongsto<strong>the</strong>r things:(a) The LEADING marks necessary for identification of <strong>the</strong> goods as <strong>the</strong> same are furnishedin writing by <strong>the</strong> shipper BEFORE THE LOADING STARTS, provided such marks arestamped or o<strong>the</strong>rwise shown clearly upon <strong>the</strong> goods IF UNCOVERED, or on <strong>the</strong> cases or coveringsin which such goods are contained, in such a manner as will remain legible until<strong>the</strong> end of <strong>the</strong> voyage;CMI 1922 London ConferenceText submitted to <strong>the</strong> Conference(CMI Bulletin No. 65 - Go<strong>the</strong>nborg Conference)[363]3. After receiving <strong>the</strong> goods into his charge <strong>the</strong> [364] carrier or <strong>the</strong> master or agent

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