Page:United States Statutes at Large Volume 49 Part 1.djvu/1257

 1 212 74TH C ONGRESS. SESS. II. CH. 229. APRIL 16, 1936. Legal effect. Any agreement so entered into shall have full legal effect : P r o- Pr oviso. s excluded. vided, That this section shall not apply to ordinary commercial shipments made in the ordinary course of trade but only to other shipments where the character or condition of the property to be carried or the circumstances, terms, and conditions under which the carriage is to be performed are such as reasonably to justify a sp ecial agre ement. L iabil ity for go ods SEC. 7. Nothing contained in this Act shall prevent a carrier or a pr ior to loading and after di scha rge from sh ipper from ente ring into any a greem ent, stipu latio n, co nditi on, ship. reservation, or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connection with the custody and care and handling of goods prior to the loading on and su bsequent to the d ischarge from the ship on which the goods are carried by sea. Rights and oblige- SEC. 8. The provisions of this Act shall not affect the rights and tions of carrier under de si gnated Acts. obligations of the carrier under the provisions of the Shipping Act, U. s ..C .,p'2os4. 7 1916, or under the provisions of sections 4281 to 4289, inclusive, of p R .S., ., sees. 4281-4289, the Revised Statutes of the United States, or of any amendments U.S.C.,p.1998. thereto ; or under the provisions of any other enactment for the time being in fo rce relati ng to the limitation of the li ability of the owner s of seagoing vessels. Title II. TITLE II Discrimin ation he- tween competing ship- SECT ION 9. Nothing contained in this Act shall be construed as pers not permitted. permitting a common carrier by water to discriminate between com- peti ng sh ipper s sim ilarl y pla ced i n tim e and circ umsta nces, eith er (a) with respect to their right to demand and receive bills of lading subject to the provisions of this Act ; or (b) when issuing such bills of lading, either in the surrender of any of the carrier's rights and immunities or in the increase of any of the carrier's responsibilities Ante, p. 1211 . and liabilities pursuant to section 5, title I, of this Act other way prohibited by the Shipping Act, 1916, as amended. Thr ough bills of lading issued SEC. 1 0 . Sec tion 25 o f the In terstate Commerce Act is h ereby road carriers. amended by adding the following proviso at the end of paragraph 4 Vol. 41, p. 4 98; V.S.C.,p.2234 . thereof : "Provided, however, That insofar as any bill of lading to Sha s carri age subj ect authorized hereunder relates to the carriage of goods by sea, such t A . bill of lading shall be subject to the provisions of the Carriage of Goods by Sea Act ." wher e car go we ight_ SEC. 11 . Where under the customs of any trade the weight of any c is ascertained ep ed by third party bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper, and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in this Act, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper. Exi stin g prov isio ns SEC. 12. Nothing in this Act shall be construed as superseding an not affected. g 3r U. S2 C.,p. 1999. bills of lading, and to ecertain obligations, duties, and rights n scon- nection n with the carriage of property", approved February 13, 1893, or of any other law which would be applicable in the absence of this Act, insofar as they relate to the duties, responsibilities, and liabili- ties of the ship or carrier prior to the time when the goods are loaded on or after the time they are discharged from the ship . Scope of Act. SEC. 13 . This Act shall apply to all contracts for carriage of goods United States" de finedd by sea to or from ports of hUnited States in foreign trade As used in this A ct the ter m "United States" in cludes its districts, terri-
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