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CONDITIONS.

With respect to the service it is stipulated and agreed that: If there is reason to believe that there may be unusual delay to any freight in transit overland, by storms, snow or other causes, under this Bill of Lading, shall have the option to transport such freight to its destination, via Aneon or Panama, or Steamer or Steamers of the Pacific Mail Steamship Company, with the privileges and under the conditions and exceptions herein expressed.

The several Freight an primages to be considered as earned, Steamer or goods lost or not lost, at any stage of the entire transit. The Pacific Mail Steamship Company, occidental and Oriental Steamship Company and /or Toyo Kisen Kaisha, on the happening of any of the above excepted contingencies, tis to have the right to forward the above-mentioned packages to the Port of SAN FRANCISCO, (or to the port of destination in the event of being forwarded via Panama) by other conveyances, either their own or those of strangers, at the option of the Pacific Mail Steamship Company, Occidental and Oriental Steamship Company and /or Toyo Kisen Kaisha, and shall receive extra compensation for such service, whether performed by their own vessels or those of strangers; and in case of salvage services rendered to the aforesaid Goods or Merchandise during the voyage, by a vessel or vessels of the Pacific Mail Steamship Company, Occidental and Oriental Steamship Company and /or Toyo Kisen Kaisha, such salvage services shall be paid for as fully as if such salving vessel or vessels belonged to strangers, GENERAL AVERAGE, if any, when happening to a steamer of the Pacific Mail Steamship Company or Occidental and Oriental Steamship Company to be adjusted according to the laws of the United States; when happening to a steamer of the Toyo Kisen Kaisha according to York-Antwerp rules.

Should the Southern Pacific Company deem it expedient to forward goods shipped under this Bill of Lading and destined for cities east of Chicago by the "Sunset Route," via New Orleans, they shall have the privilege of so doing, the Southern Pacific Company assuming the marine risks between New Orleans and New York.

The above merchandise shall be received by the consignee and removed from the station, during business hours, on the day of its arrival at the place of destination herein named, or the same will be stored at the expense and risk of the owner, shippers or consignee; and in the event of its destruction or damage from any cause while in the deport, it is agreed that neither of said Companies shall be liable to pay any damage therefor.

In no event shall said Companies be liable for damages to any article  unless the claim therefor shall be presented at their respective offices, either in the City of San Francisco, or in the City of New York, within ten days after the delivery of suck articles to the consignee, nor shall said Companies be made liable for the loss of any article, package, or goods, unless claim therefor shall be presented in writing, at either one of their offices, within ninety days from the issuance of this Bill of Lading: and if such claim, whatever the same may be shall not be presented as aforesaid, at the place and within the time above stated, the said claim shall be deemed to be waived, and no action shall be therefore maintained thereon: and in all cases of loss of or damage to the whole or any portion of the said goods, the amount of the claim shall be restricted to the cash value of the goods at the original point of shipment at the time of shipment. In case of loss of or damage to any of the goods name din this Bill of Lading for which said Companies respectively may and shall be liable, it is expressly herby understood and agreed that the Companies may and shall have the benefit of any insurance effected by or upon account of the shipper, consignor, consignee, or owner of said goods, anything in the policies of insurance to the contrary notwithstanding.

Should it be found, on the cargo being discharged, that goods have been landed without marks or with marks differing from those on the Bill of Lading, or with marks and numbers not distinguishable, the same shall be apportioned to the different lots, and consignees shall conform to such allotment.

And it is further stipulated and agreed, that vessels are warranted seaworthy only so far as due care in the appointment or selection of Agents, Superintendents, Pilots, Master, Officers, Engineers and Crew can secure it; and the Companies mentioned in this Bill of Lading will not be liable for loss, detention or damage arising directly or indirectly from latent defects in boilers, machinery, or any part of the vessel, provided all reasonable measures have been taken to secure efficiency.

The said Pacific Mail Steamship Company, Occidental and Oriental Steamship Company and /or Toyo Kisen Kaisha, are hereby expressly granted the right and option of delivering the merchandise represented by this Bill of Lading to consignee from alongside or of landing and storing said merchandise, either in lighters, hulks, on wharf, or in warehouse immediately upon the arrival of said Steamer at the port of storing merchandise, without notice to and at the expense of consignee; and in the event of so landing and storing said merchandise, said Companies are thereupon herby released from all further liability for loss or damage thereafter, whether arising from fire or from any other cause.

ALL LIGHTERAGE, from steamer to steamer and /or between steamer and shore, of goods named in this Bill of lading, will be at risk of owner, shipper or consignee.

In case of quarantine the goods may be discharged into the quarantine depot, hulk or other vessel, as required for the ship's dispatch. Quarantine expenses upon the goods, of whatever nature or kind, shall be borne by the owners and consignees of the goods.

It is expressly understood that neither the Pacific Mail Steamship Company, Occidental and Oriental Steamship Company and /or Toyo Kisen Kaisha, nor either or any of the said Railroad Companies, will be accountable for weight, leakage, breakage, insecure packages, chafings to goods in bales, nor loss or damage from effect of climate or decay or caused by other cargo in contact, or otherwise, when properly stowed; nor for explosions of articles on freight or otherwise; nor from unavoidable accidents, detentions or delay.

Any of the above-mentioned Merchandise taken on deck to be at the risk of the shipper, owner or consignee.

It is expressly stipulated and agreed that the Pacific Mail Steamship Company, Occidental and Oriental Steamship Company and /or Toyo Kisen Kaisha shall not be liable for destruction of or damage to goods by fire while upon their vessels, or  before or after loading the same thereon, unless such fire is caused by the design or neglect of said Companies respectively.

It is expressly agreed that the goods named in this Bill of Lading are hereby valued at not exceeding $100 per case or package, and unless a different or other value is expressly written and declared herein, the liability of the Companies thereof, in case of the total loss of all or any of said goods, from any cause, shall not exceed $100 per case or package, and in case of the partial loss of or damage to any of said goods, the liability of the carriers shall not exceed such proportion thereof per case or package, as the loss or damage on each case or package shall bear to the sum of $100.

It is further agreed that neither the Southern Pacific or either of said Connecting Railroad Companies, will be responsible for damages arising from the effects of heart or cold, nor for loss or damages to said goods occasioned by providential causes, or by fire from any cause whatever, while in transit or at Station, or for loss fi\or any property caused by bad or insufficient cooperage.

And it is further stipulated that a delivery at the Port of San Francisco, or at Oakland Wharf, Harbor of San Francisco, of the Goods and Merchandise mentioned in this Bill of Lading according to the terms thereof to the Southern Pacific Company, shall absolve the Pacific Mail Steamship Company, Occidental and Oriental Steamship Company and /or Toyo Kisen Kaisha from all claim or liability of every description, and in like manner that a delivery of the said Goods or Merchandise by either of the Railroads embraced in the rout to the next connecting roads, shall absolve said delivering Railway Company from all claim or liability of every description.

And it is further stipulated and agreed, that each of the parties herein before named shall be liable only for loss or damage accruing upon its own route; that said parties shall not be jointly liable for any loss or damage to such Goods or Merchandise, and that neither of said parties shall be liable, in any event, for any loss or damage, accruing upon the route of the other.

Glass, crockery, or articles contained in glass or crockery, or castings or any article whatever of a fragile nature taken only of shipper, owner or consignee.

The said Goods or Merchandise are shipped and received subject tot he conditions, stipulations and provision hereinbefore expressed, the said companies undertaking for themselves and on behalf of the several parties hereto, to hold themselves liable to the extent only of the liabilities herein stated to be assumed by each of them respectively.

That merchandise on wharf or in warehouse awaiting shipment, transshipment or delivery be at owner's risk of loss or damage of fire, flood and /or the giving away or falling or destruction in whole or part of the warehouse or the wharf of any structure thereon, not happening through the fault or negligence of carrier or representative.

Also that if the ship is prevented by Quarantine from reaching her destination, or making due delivery of the goods, or is detained at quarantine, the goods may be forthwith previous notice to shipper, owner or consignee, discharged into depots, lazarettes, hulks, crafts or lighters, at the risk and expense of shipper, owner and consignee, all and any of them, and such discharge shall be deemed full and final delivery of the goods, all risk, responsibility and expenses of the carrier therefor, as carrier, bailee or otherwise, ending as soon as the goods are delivered from the ship's tackle, and all expenses thereby or thereafter incurred, and all increased cost of such delivery shall be paid by shipper, owner and consignee, all and any of them, the carrier retaining a lien on the goods therefor; but should the vessel or goods not be admitted, or such discharge be impracticable, or so in the master's opinion, the carrier may forthwith without previous notice proceed to the nearest safe port, or at ship's option to the nearest safe port to which the ship s bound, at the risk and expense of shipper, owner and consignee, all and any of them, he and they paying freight from the original port of discharge, and the carrier retaining a lien on the goods therefore and for al costs, charges and expense incurred, and for all increased cost of delivery.

If the owner shall have exercised due diligence to make the steamer 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 faults or errors in navigation, or in the management of the steamer, or from any latent defect in the steamer, her machinery or appurtenances, or from unseaworthiness, whether existing at the time of shipment or at the beginning of the voyage (provided the latent defect or the unseaworthiness was not discovered by the exercise of due diligence), the consignee or owners of the cargo shall, nevertheless pay salvage, and any special charges incurred in respect other cargo, shall contribute with the shipowner in General Average to the payment of any sacificies, 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, all with the same force and effect and to the same extent, as if such danger, damage or disaster had not resulted from or been occasioned by faults or errors in navigation or in the management of the vessel, or any latent defect or unseaworthiness.

The forgoing Bill of Lading is issued subject tot he terms and conditions of the Act of Congress of the United States of America, approved February 13th, 1893, entitles: "An Act Relating to Navigation of Vessels, Bills of Lading, and to Certain Obligations, Duties and Rights in Connection with the Carriage of Property" (Acts of 52d Congress, 2d session, page 445, Chap. 105), the provisions of which are hereby made a part hereof and are deemed to control and express the contract of the parties hereto in all cases where there may be (if there by any such cases) a difference between the expressed provisions of the Bill of Lading and the terms of said Act of Congress.

And, finally, in accepting this Bill of Lading, the shipper, owner and consignee of the goods, and the holder of the Bill or Lading, agree to be bound by all its stipulation, exceptions and conditions, whether written or printed, as fully as if they were all signed by such shipper, owner, consignee or holder.


SAMURAI SHOKAI.

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