Page:United States Statutes at Large Volume 49 Part 1.djvu/1253

 120 8 Title I. Terms defined. "Carrier." "Contract of car- riage." "Goods." "Ship ." "Carriage of goods ." Risks. Post, p.1211. 74T13 CONGRESS. SESS. II. CH. 229 . APRIL 16, 1936 . TIT LE I SECTION 1. When used in this Act- (a) The term "carrier" includes the owner or the charterer who enter s into a contract of carr iage wit h a ship per. (b) The term "contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, insofar as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as afore- said issued under or pursuant to. a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a ho lder of th e same. (c) The term "goods" includes goods, wares, merchandise, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried. (d) The term "ship" means any vessel used for the carriage of goods by sea. (e) The term "carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship. RISKS SEC. 2 . Subject to the provisions of section 6, under every contract of carriage of goods by sea, the carrier in relation to the loading, handling, stowage, carriage, custody, care, and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth. RESPONSIBILITIES AND LIABILITIES Responsibilities and SEC. 3 . (1) The carrier shall be bound, before and at the beginning liabilities. of the voyage, to exercise due diligence to- (a) Make the ship seaworthy ; b) Prop erly man, equip, a nd supply the ship ; (c) Mak e the hol ds, refri gerating a nd coolin g chamber s, and al l other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation . (2) The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried . Bill of lading ; con- (3) After receiving the goods into his charge the carrier, or the rants . master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things- I denti ficat ion m arks . (a) The leading marks nec essary for identifi cation of the good s as the same are furnished in writing by the shipper before the load- ing of such goods starts, provided such marks are stamped or other- wise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should or dinarily remain le gible unt il the en d of the voyage. N umber or weig ht of (b) Either the number of packages or pieces, or the quantity packages, etc' or weight, as the case may be, as furnished in writing by the shipper. Order and condition (c) The apparent order and condition of the goods Provided, of goods. Proviso . That no carrier, master, or agent of the carrier, shall be bound to Exceptions. state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.