New-York tribune., 1922-10-29


Ing the giving Of notice until the
goods were actually taken away by the
consignee, since. under some circum-
stances, there might be very unrea-
sonable delay on the part Of the con-
signee In this particular.
TO meet the point urged by cargo
underwriters, especially in the United
States, it was agreed to add to this
Article III. Section 8, the following
clause:
ON benefit Of insurance" or similar
clause shall be deemed to be clause
relieving the carrier from liability
which Is barred from bills OF lading
under the rules.
General Average Unchanged
ARTICLE w, Section 8, new section
added by the British interests, read
as follows:
1.-The shipper to the same extent as
the carrier shall not be responsible for
loss or damage sustained by the car
rier or the ship arising OF resulting
from any Of the causes particularized
in the above section under the head
ings (b), (c), (d), (e), (f), (g), (h),
Cd, (k), (p) and (q), which includes
loss from fire, war, acts of God, etc,
at was agreed that this section
should be amended to read as follows:
"'The shipper shall not be RESPONSE
BILE for loss or damage sustained by
the carrier or the ship arising or re-
sulting from any cause without the act,
fault or neglect of the shipper, his
agents or servants
During the debate the question was
raised as to whether, in the new form,
a shipper might be relieved from the
obligation to contribute in general av-
-erage. The agreement was made that
the appropriate place TO cover this
point would be in the convention to
be adopted by the diplomatic confer
ence, in which 1t was assumed that
specific provision would be inserted to
the effect that the rights and obliga-
tions Of cargo, in cases Of general av-
erage, were not to be affected by this
section. The London conference was
unanimous that the questions of gen.
eral average were not In any way to
be affected by the rules except where
general average was specifically men~
toned in the rules.
at was the idea of several members
of the drafting committee that the
question of the limit of s1O0 a pack
age should be referred to the diplo-
matte conference. That question was
put to vote and the London confer
ence was overwhelmingly opposed to
having the question reopened at the
diplomatic conference, feeling that
the agreement between ship owners and
cargo had been reached at The Hague
and ought not to be disturbed.
"Article ", Section Z, as originally
drafted, had been amended by agree
made new Article V, which, as sub
mitted to the London conference, read
as follows:
"' A carrier shall be at liberty to sur
render in whole or in part all or any of
his rights and immunities under these
rules, provided such surrender shall he
embodied in the bill of lading issued to
the shipper
"This article was amplifed by add
ing thereto the following clause:
Nothing in these rules shall pre-
vent or control the making of any char
ter party or the issuance of bills of
lading Hereunder, but no provision in
such bills of lading shall violate the
terms of these rules"
Government Immunity
'The conference adopted the following
resolution on government immunity:
II. Sovereign states, in regard to
ships owned or operated by them and
cargo owned by them and cargo and
passengers carried on such ships ought
to accept all liabilities to the same ex-
tent as a private owner.
"2. Except in the case Of the ships
and cargoes mentioned in paragraph g,
such liabilities should be enforcea ble
by the tribunals having jurisdiction
over, and by the procedure applicable
to, privately owned ship or cargo or
the owner thpreof
'S. In the case Of
"(a) ships of war;
"(b) Other vessels owned or onerated
Dy, the sovereign state and enlploveS
only in governmental or other work.
tc) State-owned cargo carried onlv
for the purpose of governmental NON,
commercial work on ships owned mr.
operated Q, by the sovereign state, such
liabilities should be enforceable bv the
IKE tribunals, but only of the state av hv
which the ship is owned or Operated
ana should be enforceable by action
IN person against such state, and. IN
addition, any other form of procedura
permitted by the law of such statap