CHAPTER 164
CARRIAGE OF GOODS BY SEA ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title.

   2.   Application of rules in Schedule.

   3.   Warranty not implied in contracts to which rules apply.

   4.   Statement to be included in bills of lading.

   5.   Modification of Article VI in relation to coasting trade.

   6.   Modification of rules in relation to bulk cargo.

   7.   Limitation of liability under other laws not to be affected.

SCHEDULE

CHAPTER 164
THE CARRIAGE OF GOODS BY SEA ACT

An Act to re-enact the law with respect to the carriage of goods by sea.

[1st April, 1927]

Ord. No. 6 of 1927

1.   Short title

   This Act may be cited as the Carriage of Goods by Sea Act.

2.   Application of rules in Schedule

   Subject to the provisions of this Act, the rules set out in the Schedule hereto shall have effect in relation to and in connection with, the carriage of goods by sea in ships carrying goods from any port in the United Republic to any other port whether in or outside the United Republic.

3.   Warranty not implied in contracts to which rules apply

   There shall not be implied in any contract for the carriage of goods by sea to which the Rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

4.   Statement to be included in bills of lading

   Every bill of lading or any similar document of title, issued in the United Republic which contains or which is evidence of any contract to which the rules in the Schedule to this Act apply, shall contain an express statement that it is to have effect subject to the provisions of the rules as applied by this Act.

5.   Modification of Article VI in relation to coasting trade

   Article VI of the Rules shall, in relation to the carriage of goods by sea in ships carrying goods from any port in the United Republic, have effect as if the Article referred to to goods of any class, instead of referring to particular goods and as if the proviso to the second paragraph of the said Article were omitted.

6.   Modification of rules in relation to bulk cargo

   Where under the custom of any trade, the weight of any 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 so ascertained or accepted is stated in the bill of lading, then, notwithstanding anything in the rules, 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 of the weight at the time of shipment, shall not be deemed to have been guaranteed by the shipper.

7.   Limitation of liability under other laws not to be affected

   Nothing in this Act shall affect the operation of the Merchant Shipping Act or the operation of any other enactment for the time being in force, limiting the liability of the owners of seagoing vessels.

SCHEDULE
RULES RELATING TO BILLS OF LADING

(Section 4)

ARTICLE I
Definitions

   In these Rules–

   "carriage of goods" covers the period from the time when the goods are loaded on to, up to the time when they are discharged from, the ship;

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