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

342 COMITE MARITIME INTERNATIONALThe Travaux Préparatoires of the Hague and Hague-Visby Ruleswithout getting back into his possession for cancellation any “received for shipment”bill of lading which he may have already issued. I am told that he will do that for hisown protection. It is most important from the point of view of the bankers, and if thatis agreed, then I think it can be left to the Drafting Committee (Hear, hear), togetherwith a very slight alteration in the definition clause in paragraph (b) “Contract of carriage”.We want to make that applicable not only to a bill of lading but also to so muchof a through bill of lading, or of a port or custody bill of lading, as relates to contractsof carriage by sea. I believe that is agreed? (Agreed).The Chairman: That was agreed yesterday afternoon.Text adopted by the Conference[258]7. AFTER THE GOODS ARE LOADED THE BILL OF LADING TO BE ISSUED BY THE CARRIER,MASTER OR AGENT OF THE CARRIER TO THE SHIPPER SHALL, IF THE SHIPPER SO DEMANDS, BEA “SHIPPED” BILL OF LADING, PROVIDED THAT NO “RECEIVED FOR SHIPMENT” BILL OF LAD-ING OR OTHER DOCUMENT OF TITLE SHALL HAVE BEEN PREVIOUSLY ISSUED IN RESPECT OFTHE GOODS.IN EXCHANGE FOR AND UPON SURRENDER OF A “RECEIVED FOR SHIPMENT” BILL OF LAD-ING THE SHIPPER SHALL BE ENTITLED WHEN THE GOODS HAVE BEEN LOADED TO RECEIVE A“SHIPPED” BILL OF LADING.A “received for shipment” bill of lading which has [259] subsequently been noted bythe carrier, master or agent with the name or names of the ship or ships upon which thegoods have been shipped and the date or dates of shipment, shall for the purpose of thisCode be deemed to constitute a “shipped” bill of lading.CMI 1922 London ConferenceText submitted to the Conference(CMI Bulletin No. 65 - Gothenborg Conference)[365]7. After the goods are loaded the bill of lading to be issued by the carrier, master oragent of the carrier to the shipper shall, if the shipper so demands, be a “shipped” bill oflading, provided that IF THE SHIPPER SHALL HAVE PREVIOUSLY TAKEN UP ANY DOCUMENTOF TITLE TO SUCH GOODS, HE SHALL SURRENDER THE SAME AS AGAINST THE ISSUE OF THE“SHIPPED” BILL OF LADING, BUT AT THE OPTION OF THE CARRIER SUCH DOCUMENT OF TITLEMAY BE NOTED AT THE PORT OF SHIPMENT BY THE CARRIER, MASTER OR AGENT WITH THENAME OR NAMES OF THE SHIP UPON WHICH THE GOODS HAVE BEEN SHIPPED AND THE DATEOR DATES OF SHIPMENT [366] AND WHEN SO NOTED THE SAME shall for the purpose of thisRULE be deemed to constitute a “shipped” bill of lading.Text adopted by the Conference(CMI Bulletin No. 65 - Gothenborg Conference)No change.[378]