Page:United States Statutes at Large Volume 51.djvu/253

 (c) The apparent order and condition of the goods; Checking goods. Provided that no carrier, master, or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quan- tity, or weight which he has reasonable grounds for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking. Evidence of receipt. 4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3 (a), (b), and (c). tcuracy of mars, 5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, Indemnityforerror. 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. emovaltobeprima 6. Unless notice of loss or damage and the general nature of such fate evidence of de- livery. 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 into the custody of the person entitled to delivery thereof under the con- tract of carriage, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. daNmagoNe oparne If the loss or damage is not apparent, the notice must be given within three days of the delivery. Exception. 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 in- spection. FiuSar to bsri In any event the carrier and the ship shall be discharged from all suit; discharge of lia- bilty. 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. Mutual rights, In 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. "shipped" bill of 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 "shipped" bill of lading. At the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, if it shows the particulars mentioned in paragraph 3 of Article 3, it shall for the purpose of this article be deemed to constitute a "shipped" bill of lading. Covenant reevn 8. Any clause, covenant, or agreement in a contract of carriage from liability for neg- ligence, etc., void. relieving the carrier or the ship from liability for loss or damage to or in connection with goods arising from negligence, fault, or failure in the duties and obligations provided in this article, or lessening such 250 TREATIES

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