SEC. 2. (a) No carrier is bound to transport said live stock by any particular train or vessel or in time for any particular market, or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said live stock by any carrier or route between the point of shipment and the point of destination. (b) In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the release value of the live stock as determined by the classification or tariffs upon which the rate is based, such lower value, plus freight charges, if paid, shall be the maximum amount to be recovered whether or not such loss or damage occurs from negligence. (c) Claims for loss, damage, or injury to live stock must be made in writing to the originating or delivering carrier or carriers issuing this bill of lading within six months after delivery of the live stock (or, in case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within six months (or nine months in case of export traffic) after a reasonable time for delivery has elapsed; provided, that if such loss, damage or injury was due to delay or damage while being loaded or unloaded, or damaged in transit by carelessness or negligence, then no notice of claim nor filing of claim shall be required as a condition precedent to recovery. Suits for loss, damage, injury or delay shall be instituted only within two years and one day after delivery of the live stock, or in case of failure to make delivery, then within two years and one day after a reasonable time for delivery has elapsed: Provided, That in case the claim on which suit is based was made in writing within six months, or nine months in case of export traffic (whether or not filing of such claim is required as a condition precedent to recovery) suit shall be instituted not later than two years and one day after notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. SEO. 3. The owner or consignee shall pay the freight and average, if any, and all other lawful charges on said property; but, except in those instances where it may lawfully be authorized to do so, no carrier by railroad shall deliver or relinquish possession of the live stock covered by this bill of lading until all tariff rates and charges have been paid. The consignor shall be liable for the freight and all other lawful charges, except that if the consignor stipulates by signature in the space provided for that purpose on the face of this contract that the carrier shall not make delivery without requiring payment of such charges, and the carrier contrary to such stipulation, shall make delivery without requiring such payment, the consignor shall not be liable for such charges. Nothing herein shall limit the right of the carrier to require at the time of shipment the payment or guarantee of charges. SEC. 4. (a) The shipper at his own risk and expense shall load and unload the live stock into and out of cars, except in those instances where this duty is made obligatory upon the carrier by statute or is assumed by a lawful tariff provision. In case any person shall accompany the live stock in charge of same, he shall take care of, feed and water the live stock while being transported, whether delayed in transit or otherwise, and whatever such person shall open or close any door or opening in the car or cars, or the pens or compartments in the vessel, he shall see that the same are so closed and fastened as to prevent the escape therefrom of any of the livestock. (b) When bedding or appliances of a character not generally in use in the transportation of live stock are required they shall be furnished by the shipper at his own expense and he shall separate different kinds of stock when loaded in the same car by adequately strong partitions and such stock shall be at the risk of the shipper as to any damage resulting from the insufficiency or inadequacy of any such bedding, appliance, or partition. (c) Before the live stock is removed from the possession of the carrier or mingled with other live stock the shipper, owner, consignee or agent thereof shall inform in writing the delivering carrier of any visible or manifest injury to the live stock. SEC. 5. (a) If all or any part of said live stock is carried by water over any part of said route, such water carriage shall be performed subject to all the terms and provisions of and all the exemptions from liability contained in, the Act of the Congress of the United States, approved on February 13, 1893, and Page 603 entitled "An act relating to the navigation of vessels, etc.," and of other statutes of the United States according carriers by water the protection of limited liability, and to the conditions contained in this bill of lading not inconsistent therewith or with this section. (b) No such carrier by water shall be liable for any loss or damage resulting from any fire happening to or on board the vessel, or from explosion, bursting of boilers or breakage of shafts, unless caused by the design or neglect of such carrier. (c) If the owner shall have exercised due diligence in making the vessel in all respects seaworthy and properly manned, equipped, and supplied, no such carrier shall be liable for any loss or damage resulting from the perils of the lakes, seas, or other waters, or from latent defects in hull, machinery, or appurtenances, whether existing prior to, at the time of, or after sailing, or from collision, stranding, or other accidents of navigation, or from prolongation of the voyage. And, when for any reason it is necessary, any vessel carrying any or all of the live stock herein described shall be at liberty to call at any port or ports, in or out of the customary route, to tow and be towed, to transfer, transship, or lighter, to load and discharge goods at any time, and assist vessels in distress, to deviate for the purpose of saving life or property, and for docking and repairs. Except in case of negligence, such carrier shall not be responsible for any loss or damage to live stock if it be necessary or is usual to carry the same upon deck. (d) General average shall be payable according to York-Antwerp Rules, 1890, and, as to any matter not therein provided for, according to the law and usage of the port of New York. If the owners shall have exercised due diligence to make the vessel in all respects seaworthy and properly manned, equipped and supplied, it is hereby agreed that in case of danger, damage or disaster resulting from faults or errors in navigation, or in the management of the vessel, or from any latent or other defects in the vessel, her machinery or appurtenances, or from unseaworthiness, whether existing at the time of shipment or at the beginning of the voyage (provided the latent or other defects or the unseaworthiness was not discoverable by the exercise of due diligence), the shippers, consignees and/or owners of the cargo shall nevertheless pay salvage and any special charges incurred in respect of the cargo, and shall contribute with the shipowner in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred for the common benefit or to relieve the adventure from any common peril. (e) If the live stock is being carried under a tariff which provides that any carrier or carriers party thereto shall be liable for loss from perils of the sea, then as to such carrier or carriers the provisions of this section shall be modified in accordance with the tariff provisions, which shall be regarded as incorporated into the conditions of this bill of lading. (f) The term "water carriage" in this section shall not be construed as including lighterage in or across rivers, harbors, or lakes, when performed by or on behalf of rail carriers. SEC. 6. Any alteration, addition, or erasure in this contract which shall be made without an indorsement thereof hereon, signed by the agent of the carrier issuing this agreement, shall be without effect, and this agreement shall be enforceable according to its original tenor. SEPARATE CONTRACT WITH MAN OR MEN IN CHARGE OF LIVE STOCK In consideration of the carriage of the undersigned upon a freight train or vessel in charge of the live stock mentioned in the within contract, whether with or without charge for such carriage, each one of the undersigned severally hereby voluntarily assumes all risk of accident or damage to his person or property, and hereby releases and discharges each and every carrier from every claim, liability, or demand of any kind for or on account of any personal in Page 604 jury or damage of any kind sustained by him, unless caused by the negligence of such carrier or any of its employees; and agrees that whenever he shall leave the caboose and pass over or along the cars or track he will do so at his own risk of personal injury, except where the negligence of the carrier proximately contributes thereto, and that no carrier shall be required to stop or start its train or caboose cars at or from the depot or platforms, or to furnish light for his accommodation or safety. Witness. (Signature of man or men in charge) ** [Appendix F, as modified Oct. 21, 1921, 64 I.C.C. 357; Jan. 9, 1922, 66 I.C.C. 63] 31.11 Order of the Commission: Requirement for certain forms for export bill of lading. It appearing that by order dated August 7, 1920, the Commission reopened this proceeding for further hearings, and that due notice of the said hearings has been given to all common carriers engaged in the transportation of property by rail or by water, or by rail and water, subject to the Interstate Commerce Act, and the case having been fully heard and submitted by the parties, and full investigation of the matters and things involved having been had, and the Commission having, on the date hereof, made and filed a report containing its findings of fact and conclusions thereon, which is hereby referred to and made a part hereof; and that the Commission in said report made certain rules and regulations prescribing the form of uniform through export bill of lading set forth in Appendix D, § 31.13, which is hereby referred to and made a part hereof; and that the Commission found that the general provisions, and the rules and regulations relating to the service until delivery at the port of export, referred to in said report, contained in the through export bills of lading used by the carriers respondent hereto, in connection with ocean carriers whose vessels are registered under the laws of the United States, for the transportation of property from points within the United States designated by the Commission under the provisions of section 25 of the Interstate Commerce Act to points in nonadjacent foreign countries, will be unreasonable for the future in so far as they differ from the rules and regulations made by the Commission prescribing the form of uniform through export bill of lading set forth in Appendix D, § 31.13, which it found will be reasonable for the future: It is ordered that (a) All said common carriers engaged in the transportation of property subject to the Interstate Commerce Act, parties hereto, be, and they are hereby, notified and required to cease and desist, and thereafter abstain, from using their present through export bills of lading to the extent that the general provisions, and the rules and regulations relating to the service until delivery at the port of export, contained therein, are inconsistent with or different from the rules and regulations made by the Commission prescribing the form **For statutory and source citations, see note to § 31.1. Page 605 of uniform through export bill of lading set forth in said Appendix D, § 31.13, and to establish, put in force, maintain, and apply to such transportation the rules and regulations made by the Commission prescribing the form of uniform through export bill of lading set forth in said Appendix D, § 31.13. (b) This order shall become effective on or before February 15, 1922,29 and respondents shall comply therewith upon not less than 5 days' notice to this Commission and to the general public by filing and posting tariffs in the manner prescribed in section 6 of the Interstate Commerce Act; and this order shall remain in force until the further order of the Commission in the premises. (3) A copy of this order be served upon each of said carriers subject to the Interstate Commerce Act.** *§§ 31.11 to 31.13, inclusive, issued under the authority contained in sec. 441, 41 Stat. 497, sec. 10, 49 Stat. 1212; 49 U.S.C. 25 (4) and Sup. †The source of §§ 31.11 to 31.13, inclusive, is In the matter of bills of lading, Interstate Commerce Commission, Oct. 21, 1921, 64 I. C. C. 347, as modified by Orders of Mar. 7, 1922, 66 I. C. C. 687, June 6, 1923, 80 I. C. C. 305, June 21, 1929, 156 I. C. C. 188. 31.12 Permission to print form on both sides of paper. Prior orders modified so as to permit the printing of the form of the through export bill of lading on both sides of the paper, consecutively, in part on one side of the paper and the remainder on the other side, without change in the order of arrangement.** [As modified June 6, 1923] 31.13 Appendix D; form of through export bill of lading prescribed by the Interstate Commerce Commission. Bill of Lading Signature Certificate No. Through Bill of Lading issued in conformity with understanding1 with the Liverpool Cotton Bills of Lading Conference (1907) Committee and the American Bankers Association. Received, subject to the classifications and tariffs in effect on the date of the issue of this bill of lading, at From the following property, in apparent good order (contents and condition of contents of packages unknown), marked, numbered, consigned, and destined as indicated below: Consignee Destination Party to whom arrival notice is to be addressed___ 1The word "agreement" may be substituted for the word "understanding.” 20 Postponed until March 15, 1922, by Order of January 30, 1922. Page 606 **For statutory and source citations, see note to § 31.11. Marks and numbers Articles *Weight *Measurement (subject to correction) Car numbers *U. S. Law requires Agent issuing Bill of Lading to write either "Shipper's" or "Carrier's" before "Weight." Received $--- to apply in prepayment of the charges on the property described herein. By (Agent) and thence by (The signature here only acknowledges the amount prepaid.) To be carried to the port (A) of to the port (B) (or so near thereto as vessel may safely get), and to be there delivered in like good order and condition as above consigned, or to consignee's assigns, or to another carrier on the route to destination if consigned beyond said port (B), upon payment immediately on discharge of the property of the freight thereon, at the rate (inland and/or coastwise) from to charges, if any to charges of cents per one hundred pounds gross weight, port cents, and (ocean and on-carrying) from of cents, per and advanced ($‒‒‒‒‒‒), with all other charges and average, without any allowance of credit or discount, settlement to be made on the basis of United States gold currency, amount to be paid by receivers at current rate of New York exchange as quoted on the day the vessel is entered at the Custom House at her port of discharge. In consideration of the rate of freight herein named it is hereby stipulated that the service to be performed hereunder shall be subject to the contract terms and conditions, whether printed or written, herein contained, and said terms and conditions are hereby agreed to by the shipper and by him accepted for himself and his assign. CONTRACT TERMS AND CONDITIONS Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier issuing this bill of lading shall be without effect and this bill of lading shall be enforceable according to its original tenor. If shipment consists of cotton or cotton linters it is mutually understood and agreed that the description of the condition does not relate to insufficiency of or the torn condition of the covering, or to any damage resulting therefrom, and that no carrier shall be responsible for any damage of such nature. The vessel shall be at liberty to call at any port or ports in or out of the customary route, to tow and be towed, to transfer, transship, or lighter, to load and discharge goods at any time, to assist vessels in distress, to deviate for the purpose of saving life or property, and for docking and repairs. This bill of lading is not to be used on traffic from a point in the United States destined to an adjacent foreign country. PART I. With respect to the service until delivery at the port (A) first above mentioned it is agreed that 1. (a) The carrier or party in possession of any of the property herein described shall be liable as at common law for any loss thereof or damage thereto except as hereinafter provided. Page 607 |