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[[column 1]] C1047 E. F. 33783 [[image - Lion holding a ball inside a collar that reads "THE CUNARD STEAM SHIP COMPANY LIMITED". A crown sits atop the collar]] New York - Hamburg Service THE CUNARD STEAM SHIP COMPANY LIMITED CUNARD BLDG., PIER HEAD, LIVERPOOL 51 BISHOPGATE, LONDON, E. C. (2) CUNARD BUILDING, 25 BROADWAY, NEW YORK AGENTS: Cunard See Transport Gesellscaft M. B. H. Cunard Building Neuer Jungfernstieg 5 HAMBURG [[vertically along left side]] ATTENTION OF SHIPPERS IS CALLED TO SECTION 335 OF THE CRIMINAL CODE OF THE UNITED STATES (Act of Congress March 4th, 1909). Every package containing explosives or other dangerous articles, when presented to a common carrier for hipment SHALL HAVE PLAINLY MARKED ON THE OUTSIDE THEREOF THE CONTENTS THEREOF; and it shall be unlawful for any person to deliver or cause to be delivered to any common carrier engaged in interstate or foreign commerce by land or water for interstate or foreign transportation, or to carry upon any vessel or vehicle engaged in interstate or foreign transportation any explosive or other dangerous article under any false or deceptive marking, description, invoice, shipping order or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery for carriage is made. Whoever shall knowingly violate or cause to be violated any provision of this section * * * shall be fined not more than $2,000 or imprisoned not more than eighteen months, or both. [[/vertically along left side]] FORWARDING CLAUSE.—Applying only if the within goods are contracted for delivery beyond Hamburg. The goods specified in this Bill of Lading are to be forwarded to.......... by ........... at the expense of the Steamship Company, but subject to Clauses 35 and 36 and all other clauses of this Bill of Lading and to the conditions of carriage of the carrier by whom the goods are forwarded. Upon delivery of the goods from the ship's tackle at Hamburg, the Steamship Company ceases to act as carrier, but is constituted forwarding agent without responsibility. The through Freight is charged in respect of and includes only the ordinary expenses of transit to.......... (Rates being owner's risk rates when same are quoted by carrier by whom the goods are forwarded.) In event of the usual means of conveyance from Hamburg to the place of destination, and the delivery of the goods thereat being delayed, impeded, interrupted or suspended, the Steamship Company may in its sole discretion and option, forward the goods to the nearest available place, this to be considered a final delivery, or may store and warehouse the goods. The charges and expenses connected therewith, and any other charges incurred by the Steamship Company in addition to such ordinary expenses of carriage and transshipment shall be a charge against the goods, and the Steamship Company may exercise a lien on the goods until such expenses are paid. SHIPPERS MARKS AND NUMBERS [[typed]] "393" CONSIGNEE'S ADDRESS A.S. DREY, MAXIMILIANSPLATZ 7 MUNCHEN, GERMANY [[underlined]] SPECIAL STOWAGE [[/underlined]] FREIGHT PREPAID. [[/typed]] [[stamped]] [[?]] ANY FREIGHT DUE [[?]] ON EXCESS WEIGHT CORRECTED [[MEA?]] BE COLLECTED [[?]] [[/stamped]] Said to weigh.........lbs. gross ........@.......per 2240 lbs. $....... ........@.......per 100 lbs. $....... ^[[34]] Ft ^[[3]] in. @ ^[[75¢]] per 40 cu. ft. $ ^[[25.69]] .....Ft......in. @.......per cu. ft. $........ .........@.......per ....... $........ D/R No........ Total $ ^[[25 69]] [[/column 1]] [[column 2]] Bill of Lading No........ THE CUNARD STEAM SHIP COMPANY LIMITED [[stamped]] VIA PLYMOUTH & CHERBOURG [[/stamped]] Received in apparent good order and condition, by THE CUNARD STEAM SHIP COMPANY LIMITED from [[typed]] UNION FORWARDING CO. [[/typed]] to be transported to HAMBURG by the British Steamship [[typed]] [[ABRASIA?]] [[/typed]] now lying in the Port of NEW YORK, with liberty either before or after proceeding towards the port of discharge to deviate or proceed to, and stay at, any ports or places whatsoever (although in a contrary direction to, or out of, or beyond, the customary or advertised route to said port of discharge) once or oftener, in any order, backwards or forwards, for any purposes whatsoever; or failing shipment on said steamer in and upon a following steamer [[typed]] ONE (1) CASE ANTIQUE MARBLE GROUP. 750LBS. [[/typed]] being marked and numbered as per margin, shipper's weight, (quality, quantity, gauge, contents, weight and value unknown) and to be delivered in like good order and condition at the Port of HAMBURG (or so near thereto as she may safely get) unto ORDER [[typed]] JACOB & VALENTIN, 12 [[?]], HAMBURG, GERMANY [[/typed]] (notify..........but no claim shall, under any circumstances, be attached to the ship or her owners by reason of the absence of notification) he or they paying freight, primage and charges immediately on discharge of the goods, without any allowance or credit or discount, at the rate of AS PER MARGIN. 1. (a) IT IS MUTUALLY AGREED that the steamer shall have liberty to sail with or without pilots; to tow and assist vessels in distress; to deviate for the purpose of saving life or property; that the carrier shall have liberty to convey goods in lighters and/or craft to and from the steamer, at the risk of the owners of the goods; and, in case the steamer shall put into a port of refuge, or be prevented from any cause from proceeding in the ordinary course of her voyage, to transship the goods to their destination by any other steamer. Also that the carrier is at liberty at any time and place before or after sailing or after arrival at port of discharge to put the vessel in dry-dock for any purposes whatsoever, with the whole or any part of the cargo shipped hereunder on board, and such docking shall not be deemed a deviation. (b) The carrier shall not be liable as carrier or otherwise for loss or damage occasioned by perils of the sea or other waters, by fire from any cause or wheresoever occurring, by theft or pilferage, by barratry of the master or crew, or by act of God; by enemies, pirates or robbers; by arrest or restraint of princes, rules, or people, riots, strikes, or stoppage of labor; by explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery, or appurtenances, or unseaworthiness of the steamer, whether existing at time of shipment or at the beginning of the voyage, provided the owners have exercised due diligence to make the steamer seaworthy; by heating, frost, decay, putrefaction, rust, sweat, change of character, drainage, leakage, by stowage or contact with or by smell, evaporation, leakage, escape of contents, or taint, of other goods, the vessel being privileged to carry any other articles, although hazardous or contraband, by breakage, vermin, or by explosion of any of the goods, whether shipped with or without disclosure of their nature, or for any loss or damage arising from the nature of the goods or the insufficiency of the packages; nor for land damage; nor for the obliteration, errors, insufficiency, or absence of marks, numbers, address, or description; nor for risk of craft, hulk or transshipment; nor for any loss or damage caused by prolongation of the voyage; nor shall the carrier be concluded as to correctness of statements herein of quality, quantity, gauge, contents, weight and value. (c) General Average shall be adjusted according to York-Antwerp Rules of 1890, and as to matters not therein provided for, according to usages at port of adjustment, and shall be adjusted at the port of New York or last port of discharge, at carrier's option. If the shipowner shall have exercised due diligence to make the vessel in all respects seaworthy and to have her properly manned, equipped and supplied, it is hereby agreed that in case of danger, damage or disaster resulting from default or error in navigation or in the management of the vessel or from any latent or other defect in the vessel, her machinery and appurtenances, or from unseaworthiness, although existing at time of shipment, or at the beginning of the voyage (provided the defect or unseaworthiness was not discoverable by the exercise of due diligence) the shippers, consignees or owners of the cargo shall nevertheless pay salvage and any special charges incurred in respect of the cargo and shall contribute with the shipowners 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. In case of salvage services rendered to aforesaid merchandise or treasure during the voyage by a vessel of the same line, such salvage services shall be paid for as fully as if such salving vessel or vessels belonged to strangers. Passengers' effects, if any, not to contribute in General Average, but claims for passengers' effects sacrificed to be allowed in general average, less their proper contribution in such case. 2. The shipment is subject to all the terms and provisions of the Act of Congress of the United States, approved February 13, 1893, entitled "An Act Relating to the Navigation of Vesssel," etc., and of Sections 4282 to 4287, each inclusive, of the United States Revised Statutes. The carrier shall not be liable for gold or other precious metals, precious stones, bills, notes, or securities, documents, pictures, glass, china, silk, furs, laces or any of the articles enumerated in Section 4281 of the United States Revised Statutes, except in accordance with such Statute, and unless written notice of the character and value thereof at the time of loading has been given and entry thereof made on the Bill of Lading. 3. It is also mutually agreed that unless a higher value be stated herein and declared herein to be the basis of adjustment of freight, and extra freight as may be agreed on paid, the value of any package shipped hereunder does not exceed $10. per cubic foot, or $20. per hundred weight, or in any case $100. per package, and the freight thereon has been adjusted on the basis of such valuation. In computing any liability of the carrier in respect of the goods, no value shall be placed thereon higher than the market price at the port of destination on day of steamer's entry at the Custom House, less all charges saved, or the invoice value of the goods less all charges saved, whichever amount shall be the least, not exceeding however the values aforesaid, viz: $10. per cubic foot, or $20. per hundred weight, or in any case $100. per package, (or such other value as may be stated herein as the basis of freight), or the proportionate part of such price or value in case of any partial loss or damage. The freight payable as above has been calculated and based upon a description of the goods declared by the shipper to the shipowner. The shipper warrants the correctness of such description. If such description shall prove to be untrue or incomplete the shipper and/or consignee shall be liable to pay to the shipowner as and by way of liquidated damages and not as a penalty a sum equal to full freight on such packages shipped or £10 Sterling per ton, whichever shall be the greater. 4. ALSO, that shippers shall be liable for any loss or damage to steamer, cargo, lighter, or wharf caused by inflammable, explosive, or dangerous goods shipped without full disclosure of their nature, whether such shipper be principal, or agent; and such goods may be thrown overboard or destroyed at any time without compensation. Extra charges, if any, for discharging, lighterage, or other expenses on hazardous goods, declared or considered as such by civil or military authorities, must be borne by shipper and/or consignees. 5. ALSO, that Bills of Lading must be made out in accordance with the prescriptions and regulations of Port Customs, or Consular authorities. Consular, Board of Health, or other certificates required to accompany the goods are to be procured by shippers, and any detention, charges, or penalties, occurring to steamer or cargo, owing to the want of such certificates, are to be borne be the shippers and/or consignees. Steamer will not be responsible for delay in the delivery of goods not plainly marked with the port of destination. 6. ALSO, in case the entry of the port of discharge or communication therewith, rendering or being liable to render the vessel liable to quarantine at any subsequent port, or in case of the master considering the entry of any port either from epidemic or otherwise, unsafe or injurious to the further prosecution of the steamer's intended voyage, the goods may be landed or put into lazaretto, hulk, or lighter, at any other available port the master may consider safe, at shipper's risk and expense, and thereupon the liability of the steamer or carrier hereunder shall absolutely cease. In the event of quarantine, the goods may be discharged on arrival into quarantine, depot, hulk, lighter, or other vessel necessary for the ship's dispatch, at the consignee's risk and expense, or the master may carry on the goods to the nearest convenient port and there land them. Advices mailed to consignees, if named, or otherwise to shippers, shall be deemed, under this agreement, a due delivery of said goods, and such goods shall be liable and a lien held thereon for all quarantine expenses incurred in consequence. 7. ALSO, that if on account of weather, strikes, lockout, earthquake, epidemic, interdict, prohibition of importation, riot, war or other disturbance, or any cause beyond the control of the said steamer or steamers, it shall be impossible or unsafe, in the opinion of the master, and/or carriers, to unload said goods, as a whole or part, at the port of discharge or delivery, the same shall be carried to the next convenient port of discharge for transshipment to destination, or retained on board for delivery upon return at the master's and/or carrier's option, but at the risk and expense of the owner of said goods. If landed at the next convenient port, advices mailed to consignees, if named, or otherwise to shippers, shall be deemed under this agreement, a due delivery of said goods; and such goods shall be liable and a lien held thereon for all extra expenses incurred in consequence. 8. ALSO, that the steamer and carrier shall have a lien on the goods and the right to sell the same by public auction or otherwise, for all freights, primages, and charges (including additional freight payable on corrected weight or measurement) and for all fines or damages which the steamer or cargo may incur or suffer by reason of the illegal, incorrect, or insufficient marking, numbering, or addressing of packages or descriptions of their contents and all for all payments made and liabilities incurred in respect of charges, expenditures, damages, costs, and expenses (including the costs and expenses of exercising such lien and of such sale), and for the interest (f any) payable thereon, which under the provisions of this Bill of Lading are to be borne and paid by the shipper, Consignee, and/or owner of the goods. 9. ALSO, that the steamer may commence discharging immediately on arrival and discharge continuously, any custom of the port to the contrary notwithstanding; the Collector of the port being hereby authorized to grant a general order for discharge immediately on arrival, and if the goods be not taken from the steamer by the consignee directly they come to hand in discharging the steamer the master or steamer's agent to be at liberty to enter and land the goods, or put them into craft or store at the owner's risk and expense, when the goods shall be deemed delivered and steamer's responsibility ended, but the steamer and carrier to have a lien on such goods until the payment of all cost and charges so incurred. 10. ALSO, that merchandise on wharf awaiting shipment or delivery be at shipper's risk of loss or damage not happening through the fault or negligence of owner, master, agent or manager of the steamer, any custom of the port to the contrary notwithstanding. 11. ALSO, that the master porterage of the delivery of the cargo is to be done by the Consignee of the Ship and the expenses thereof to be paid by the Receivers of the Cargo. 12. ALSO, that this bill of lading, duly endorsed, be given up to the steamer's consignee in exchange for delivery order. 13. ALSO, that in the event of claims for short delivery when the steamer reaches her destination, the price shall be the market price at the port of destination on the day of the steamer's entry at the Custom House, less all charges saved. All claims for short delivery, loss, damage, or of whatever nature, must be made in writing to the steamer's agent at the port of destination of the goods within five days after the steamer or lighter finished discharging, and always before the goods are taken delivery of by the consignee; and in case such claims shall not be presented in writing within the time and the place hereinbefore designated, such loss or damage shall be deemed to be waived and the steamer discharged therefrom. No suit, action or proceedings against the carrier, or in the vessel, or its owners, or the agents of either, for or upon any claim for short delivery, shortage, loss, damage or delay, nor for or upon any other claim or demand whatsoever for or in respect of the property hereby receipted for, or for or in respect of the care, carriage, delivery or disposition thereof shall be maintained unless the same shall be commenced within one year after the arrival of the vessel at the port of discharge, and shall not be maintainable thereafter notwithstanding any provision of law of any state or country to the contrary, and in case any such suit shall not be commenced with the time hereinabove limited, such cause of action shall be deemed to be waived and the carrier, the vessel and its owners and the agents of either shall be discharged therefrom. 14. ALSO, that if on a sale of the goods at destination for freight and charges, the proceeds fail to cover said freight and charges, the carrier shall be entitled to recover the difference from the shipper. 15. ALSO, in case of any loss or damage for which the carrier shall be liable, the carrier shall to the extent of such liability have the full benefit and be subrogated to all the rights of the insured in respect of any insurance that may have been effected upon the goods or against said loss or damage and as well also of any payment or loan to insured by underwriters although repayable only out of recovery against the carrier notwithstanding the underwriters were not obligated to make such payment or loan. 16. ALSO, that unclaimed goods not otherwise accounted for shall, at carrier's option, be apportioned to the different consignees of like goods, according to the shortages, and be accepted as good delivery to the extent thereof, and if any consignee has a shortage in marks or numbers called for herein, unclaimed goods of like kind but of different marks or number shall, at carriers option, be deemed to constitute a part of the goods and be accepted by consignees and/or assigns as good delivery hereunder. 17. ALSO, in no case shall the total liability of the carrier to all claimants in respect of damages arising from any one casualty exceed the value of the owner's interest in the steamer, or her wreck and pending freight. 18. ALSO, that nothing herein contained shall deprive the carriers of the right to claim the benefit of any British, American or other statutory exemption from or limitation of liability. 19. NOTWITHSTANDING anything to the contrary that may be printed herein all freights collectible at destination under this Bill of Lading, including any short-paid freight, or any freight due the steamer on excess weight landed or corrected measurements are to be converted into currency of the country of the port of discharge at the current sight rate of exchange at port of discharge on the date of vessel's entry at the Custom House at the port of discharge. 20. ALSO, when freight is prepaid, any freight due the steamer in excess weight landed or corrected measurements to be collected from the consignee. 21. ALSO, that freight payable on weight is to be paid on gross weight landed from ocean steamship, unless otherwise agreed to or herein provided, or unless the Carrier elects to take the freight on Bill of Lading weight. 22. ALSO, that the steamer has the privilege of reweighing or remeasuring any goods where reasonable doubt exists as the correctness of weights or measures, and any excess must be paid for at the rate of freight. The expenses of reweighing or remeasuring shall be paid by the party in error. Goods wrongly described as to the real nature of their contents are liable for such additional freight as may be due. 23. ALSO, that full freight is payable on damaged or unsound goods, but no freight is due on any increase in bulk or weight caused by the absorption of water during the voyage. 24. ALSO, freight intended to be prepaid is fully and irrevocably earned upon receipt of the goods for shipment, and shall not be refunded in whole or in part if prepaid, and shall be payable without deduction if unpaid, in any circumstances whatsoever and whether or not the goods have been loaded or voyage begun. 25. ALSO, that single packages exceeding one tone in weight shall be liable to pay extra charges, if any, for loading, handling, transshipping, or discharging; and in case of any damage or loss resulting to the steamer, cargo, lighters, cranes or hoisting tackle, owing to incorrect weight or no weight having been declared, the shippers and/or consignees of such cargo shall be responsible for such loss or damage. 26. ALSO, that parcels for different Consignees collected or made up in single packages addressed to one Consignee, pay full freight on each parcel. 27. ALSO, freight to be paid on barrels whether full, part full or empty. 28. ALSO, if any bagged or baled goods are landed slack or torn, the consignee shall accept a proportionate part of the sweepings, and the same shall be deemed a full settlement of any claim for loss in weight. 29. ALSO, that for metal in slabs, bars, ingots, rods, hoops, plates, etc., or any other article not property packed but shipped loose or in bundles steamer and carrier is not responsible for loss through breakage nor for their respective marks and/or weight and/or measurement, nor for loss of broken piece or rust, splits, etc. 30. ALSO, carrier not liable for splits, shakes, stains or breakage to Lumber or Logs. 31. GRAIN:-ALSO, that were grain is stowed together with other grain without separation, either from the same or another grain, each bill of lading shall bear its proportion of loss and/or damage if any. 32. COTTON:-It is mutually understood and agreed that the description of the condition of the cotton does not relate to insufficiency of or the torn condition of covering, nor to any damage resulting therefrom and that no carrier shall be responsible for any damage of such nature not for any damage not caused by its negligence. 33. The Carrier has liberty to discharge all, or part of the cargo at any part of the river Elbe, and to forward such cargo in lighters or other craft to the Port of Hamburg at shipper's risk, but vessel's expense. 34. In case the vessel is prevented by ice from reaching Hamburg, the Carrier has the privilege of discharging and storing the goods at Cuxhaven or Gluckstadt, there remaining at the risk and expense of the goods until forwarded by lighter or other craft to Hamburg or at Carrier's option, by rail. Such forwarding to be at the Carrier's expense, but at the risk of the goods. 35. Goods destined for points beyond Hamburg are sub ect to all conditions, stipulations and exceptions expressed in the customary form of Bill of Lading, in use at the time of shipment by Carrier or Carriers completing the transit. Also that the goods be forwarded at Carrier's expense, but at the risk of the goods, from Hamburg direct or indirect by steamer, lighter and/or rail at Carrier's option. 36. In case the final port of destination is closed by ice, or the last regular steamer of the season from port of transshipment is fully engaged, or already fully loaded, or in case the final port of destination is affected by disease, quarantine, war, hostilities, blockage, regulation of any government, civil commotion, stoppage or disturbance of labor, congestion of wharves, lack of discharging facilities or other condition beyond the Carrier's control, the Carrier is at liberty to forward the goods to any other port apparently nearest accessible, to which a regular service is maintained, or to warehouse the goods at intermediate port or ports at the risk and expense of the goods, and to forward the said goods to destination as soon as practicable. Full freight is due on goods thus forwarded and the terms of the through bill of lading are to be considered fulfilled in every respect. If owners of the goods desire transportation by rail it will be for their account. Should the owners of the goods desire to give special orders for the forwarding from port of transshipment, they must do so at latest on arrival of the goods there and Carriers will comply with such orders as far as possible, but always at the risk and expense of the goods. WAR CLAUSE.-The ship in addition to any liberties expressed or implied in this Bill of Lading, shall have liberty to comply with any order or directions as to departure, arrival, routes, ports of call, stoppages or otherwise howsoever given by His Majesty's Government or any Department thereof, or any person acting or purporting to act with the authority of His Majesty's Government, or of any Department thereof, or by the Committee or person having, under the terms of the War Risk Insurance on the ship, the right to give such orders or directions, and nothing done or not done by reason of any such orders or directions shall be deemed a deviation. AND FINALLY, in accepting this Bill of Lading the Shipper, Owner and Consignee of the goods and the Holder of the Bill of Lading agree to be bound by all of its stipulations, exceptions and conditions, whether written or printed, as fully as if they were all signed by each Shipper, Owner, Consignee or Holder. IN WITNESS WHEREOF the Master or Agent of the said Steamer hath affirmed to ^[[MARCH 31]] Bills of Lading, all of this tenor and date, one of which being accomplished, the other to stand void. Dated in New York, this ^[[12th]] day of ^[[MARCH]] 192 ^[[6]] For THE CUNARD STEAM SHIP COMPANY LIMITED ........... [[/column 2]]
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