Merchant Shipping Act, 1947

Rules relating to bills of lading.

13.—(1) Subject to the provisions of this section, the rules relating to bills of lading set out in the Second Schedule to this Act (in this section referred to as “the Rules”) shall have effect in relation to the carriage of goods by sea in ships carrying goods from any port in the State to any other port whether in or outside the State.

(2) 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.

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

(4) Article VI of the Rules shall, in relation to the carriage of goods by sea in ships carrying goods from any port in the State to any other port in the State or to a port in Great Britain or Northern Ireland, have effect as though the Article referred to goods of any class instead of to particular goods and as though the proviso to the second paragraph of the Article were omitted.

(5) Nothing in this section or the Rules shall affect the operation of sections 446, 447, 448, 449, 450, 502 and 503 of the Principal Act, as amended by any subsequent enactment, or the operation of any other enactment for the time being in force limiting the liability of the owners of seagoing vessels.

(6) The Rules shall not by virtue of this section apply to any contract for the carriage of goods by sea made before such day, not being earlier than the first day of January, 1948, as the Minister by order appoints for the purposes of this subsection, nor to any bill of lading or similar document of title issued, whether before or after the day so appointed, in pursuance of any such contract as aforesaid.