Page:United States Statutes at Large Volume 49 Part 1.djvu/1255

 1210 74TH C ONGRESS. SESS. II. CH. 229 . APRIL 16, 1936 . Rights and immuni- RIGH TS AND IMMUNITIE S ties. Loss from unsea- SEC. 4. (1) Neither the ca rrier nor the ship shall be liable for l oss worthiness. or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped, and supplied, and to make the holds, refrigerating and cool cham- bers, and all other parts of the ship in which goods are carried fit and safe for their reception, carriage, and preservation in accordance Burden of proof. with the provisions of paragraph (1) of section 3. Whenever loss or da mage has resulte d from u nseawort hiness, the burd en of pr oving the exercise of due diligence shall be on the carrier or other persons claiming exemption under this section. Exemption from des(2) Neither the carrier nor the ship shall be responsible for loss bility from designae causes. or damage arising or resulting from- (a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship ; (b) Fire, unless caused by the actual fault or privity of the car- rier ; (c) Perils, dangers, and accidents of the sea or other navigable wa ters ; (d) Act ofGod; (e)Actofwar; (f) Act of public enemies ; (g) Arrest or restraint of princes, rulers, or people, or seizure under legal process ; (h) Quarantine restrictions ; (i) Act or omission of the shipper or owner of the goods, his agent or representative ; (j) Strikes or lockouts or stoppage or restraint of labor from Pro viso. whate ver caus e, wheth er parti al or ge neral : Provided, that nothing Carrier' sown acts, herein contained shall be construed to relieve a carrier from respon- sibility for the carrier's own acts ; (k) Riots and civil commotions ; (1) Saving or attempting to save life or property at sea ; (m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods n) Insufficiency of packing ; Insufficiency or inadequacy of marks ; p) Latent defects not discoverable by due diligence ; and Other causes not the (q Any other cause arising without the actual fault and privity fault of carrier ; burden of proof in claiming of the carrier and without the fault or neglect of the agents or serv- benefits of. ants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage . Shipper not respon- (3 ) The sh ipper sh all not be respo nsible f or loss or damag e sus- sible for damage to ca rri er, et c., without twined by the carrier or the ship arising or resulting from any cause fault . without the act, fault, or neglect of the shipper, his agents, or his servants. Certain deviations (4) Any deviation in saving or attempting to save life or prop- not deemed breach of A nr erty at sea, or any rea sonable deviatio n shall not be d eemed to be an infringement or breach of this Act or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting Proviso. therefrom : Provided, however, That if the deviation is for the pur- tiU nnreasonable devia- pose of loading or unloading cargo or passengers it shall, prima facie, be regarded as unreasonable.