Page:United States Statutes at Large Volume 51.djvu/274

 MULTILATERAL-BILLS OF LADING-AUGUST 25, 1924 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 receiptfor the goods given by the person taking delivery thereof." 4. The fourth paragraph of Section 3, subsection (6) of the Act contains a proviso which is not in the Convention to the effect that in all cases suit may be brought within one year. The proviso is underlined ' in the following quotation from the Act: "SEC. 3 . . . "(6)... "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 apparentor concealed, is not given as providedfor 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." 5. The condition "if it shows the particulars mentioned in para- graph 3 of Article 3" appearing near the end of paragraph 7 of Article 3 of the Convention is not in the Act. Section 3, subsection 7, of the Act, the language which is in the Convention but not in the Act being placed in parentheses, is as follows: "SECTION 3 .... "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, but 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 para- graph 3 of Article 3,) the same shall for the purpose of this section be deemed to constitute a 'shipped' bill of lading." 6. Section 4, subsection (2) (j) of the Act contains a proviso which is not in the Convention affirming the responsibility of the carrier for his own acts in strikes, lockouts, et cetera. The proviso is under- lined ' in the following quotation from the Act: "SEc. 4. .. . "(2) Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from- "(j) Strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general Provided, That nothing herein contained shall be construed to relieve a carrier from responsi- bilityfor the carrier's own acts;" 1 Italicized. 271

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