Page:United States Statutes at Large Volume 49 Part 1.djvu/1254

 74TH C ONGR ESS. SESS. II. C H. 229. APRIL 16, 1936. (4) Such a bill of lading shall be prima facie evidence of the rece ipt by the c arrier of the goods as th erein descri bed in accord ance with paragraphs (3) (a), (b), an d (c), of this section : Provided, That nothing in this Act shall be construed as repealing or limiting the application of any part of the Act, as amended, entitled "An Act relating to bills of lading in interstate and foreign commerce", approved August 29, 1916 (U . S . C ., title 49, sets . 81-124), commonly known as the " Pomerene Bills of Lading Act ." (5) The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him ; and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper. (6) Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods in to the custody of the person entitled to del ivery thereof under th e contract of c arriage, such removal shall b e prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery. Said notice of loss or damage may be endorsed upon the receipt for the goods given by the person taking delivery thereof. The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection. In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered : Provided, That if a notice of loss or damage, either apparent or concealed, is not given as pro- vided for in this section, that fact shall not affect or prejudice the right of the shipper to bring suit within one year after the delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. (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, be a "shipped" bill of lading : Provided, That if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipp ed" bi ll of lading, but a t the option of the carri er suc h document of title may be noted at the port of shipment by the car- rier, master, o r agent with th e name or names of the ship o r ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for the purpose of this section be deem ed to constitut e a "shipped" b ill of lading. (8) Any clause, covenant, or agreement in a contract of carriage relievi ng the carri er or the shi p from liabi lity f or loss or da mage t o or in connection with the goods, arising from negligence, fault, or failure in the duties and obligations provided in this section, or lessening such liability otherwise than as provided in this Act, shall be null and void and of no effect. A benefit of insurance in favor of the carrier, or similar clause, shall be deemed to be a clause reliev- ing the carrier from liability. Proviso. Existing law not ef- fect ed. Vol.39,p.538;U.S. C., p. 2242. Accuracy of marks, etc ., guaranteed by shipper ind emn ity for error. Rem oval to be prima facie evidence of deliv- ery; exception. Notice of loss when damage not appare nt. Exc eption. 1209 Evidence of receipt. Failure to bring suit ; discharge of liability. Proviso. Right of shipper. Mutual rights of in- specting, et c ., goods, in case of loss. "Shipped" bill of lading. Proviso. Substitution of, for document of title previ- ously taken up, etc. Cov ena nt relieving from liability for negli- gence, etc ., void.