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 COMMON CARRIERS IN FRANCE

COMMON

CARRIERS

475

IN FRANCE

By B. H. Conner I. Carrier of Goods. Art. 8 of the Code de Commerce provides that every trader shall keep a Journal in which shall be entered all his transactions, showing day by day, his assets and liabili ties, acceptances and endorsements, receipts and expenditures. This Journal must be initialed and inspected by the Mayor or one of the Judges of the Tribunal of Com merce once every year and kept for at least ten years. (Code de Commerce, Arts. 10 and 11.) Art. 96 of the Code Civil provides that every agent who undertakes the carriage of goods by land or water shall enter in his Journal a memorandum of the character and amount or quantity of goods received for carriage and, if required, of their value. (See also Art. 1785 of the Code Civil.) By means of these simple regulations a record is provided for all shipments of goods in France. Elaborate provision is also made for the drawing up of way-bills and bills of lading. Copies of these must be kept. Bills of lading must be made out in four originals, each of which must mention the others, and all of which must be signed by both the shipper and the master of the vessel. One of them is kept by the master, a second by the shipper, a third is for the owner of the vessel and the fourth for the person to whom the goods are shipped. As a matter of practice the duplicate way-bill is super seded by a simple receipt, which must, how ever, contain the same particulars as those provided for way-bills. (See, as to way bills, Code de Commerce, Art. 102 et seq. and as to bills of lading, Art. 281 et scq.) After the removal of goods from the ware house or possession of the shipper or vendor, they are carried, in the absence of any

stipulation to the contrary, at the risk of the owner, subject, of course, to the owner's right of action against the carrier or agent. (Code de Commerce, Art. too.) The car rier's liability begins on delivery of goods at dep6t. (Code Civil, Art. 1783.) He is liable for all damage from any cause what ever, including the negligence of a subagent, excepting that due to — 1. Defects in the goods shipped; 2. Unavoidable accident; 3. Act of God or the public enemy (Force majeure). He is held to guarantee, not only the safe delivery of the goods, but their arrival in the time agreed upon. (Code de Commerce, Arts. 97-99, 103-4, 277; Code Civil, Arts. 1147, 1782-6.) Shipment at minimum rate (by slow freight or petite vitesse) is a waiver of any claim on account of late delivery. Accept ance of the goods and payment of transpor tation charges also constitutes a waiver of all claims for indemnity for damage or partial loss unless, within three days after receipt, Sundays and legal holidays not included, notice is given by process-server or registered letter, specifying grounds of claim. This rule may not be modified by contract excepting as to international com merce. (Code de Commerce, Art. 105.) The carrier may limit his liability by con tract only so far as to relieve himself of the presumption of negligence in case of damage or loss and to shift the burden of proof upon the plaintiff. (See Req. 9, Nov. 1898, Dalloz Pe"riodique, 1899-1-243.) Goods shipped to a bankrupt may be stopped in transitu at any time before delivery at his warehouse or to his selling agent. (Code de Commerce, Art. 576.) Actions for loss, damage or delay must be brought within one year. Other claims