TREATIES TITLE I 1. Section 3, subsection (2) of the Act does not contain the words "Subject to the provisions of Article 4" or their equivalent with which paragraph 2 of Article 3 of the Convention begins. The subsection, the words which are in the Convention but not in the act being placed in parentheses, is as follows: "SEC. 3 . ... "(2) ("Subject to the provisions of Article 4) The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried." 2. Section 3, subsection (4) of the Act contains a proviso which is not in the Convention reserving the Act relating to bills of lading in interstate and foreign commerce, approved August 29, 1916 (Pomerene Act). The proviso is underlined' in the following quotation from the Act: "SEC. 3 . ... "(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 paragraphs (3) (a), (b), and (c), of this section; Provided, That nothing in this Act shall be construed as repealing or limiting the applica- tion of any part of the Act, as amended, entitled 'An Act relating to bills of lading in interstate andforeign commerce', approved August 29,1916 (U. S . C., title 49, ses. 81 -124), commonly known as the 'Pomerene Bills of Lading Act.'" [This proviso is primarily for the protection of subsequent holders of bills of lading. Prior to the enactment of the Pomerene Act a number of cases had arisen in the United States in which shippers had induced representatives of common carriers to sign bills of lading receipting for goods on the shipper's assurance that the goods would later be delivered to the carrier. The shippers would then dispose of the bills of lading through the usual discounting procedure. Sub- sequently these shippers for various reasons sometimes failed to deliver the goods to the carrier. The courts in the United States held that the fact that the goods never came into the custody of the carrier was a good defense to relieve it of liability to the holder of the bill of lading. The Pomerene Act changed this law so as to place the liability under such situations on the carrier.] 2 3. Section 3, subsection (6) of the Act contains a new paragraph, appearing as the second paragraph of the subsection, which is not in the Convention, providing that notice of loss or damage may be endorsed on the receipt given for the goods. The new paragraph is underlined' in the following quotation from the Act: "SEC. 3. .. .. "(6) Unless notice of loss or damage and the general nature of such 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 contract of carriage, such removal shall be prima facie evidence of the 1Italicized. 2 Brackets appear on original memorandum.
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