Viewing page 362 of 755

This transcription has been completed. Contact us with corrections.

It is expressly stipulated and agreed that in no event is the said NIPPON YUSEN (KABUSHIKI) KAISHA, or any of its servants or Agents, to be liable or any loss of, or damage by fire to, any goods capable of being covered by insulance; and the said Company is hereby expressly granted the right and option of delivering the merchandise represented by this bill of lading to consignee from alongside streamer or of landing and storing said merchandise either in lighters, hulks, on wharf or in warehouse immediately upon the arrival of the steamer at the port of discharge of said merchandise without notice to and at the expense of consignee, and in the event of its so landing and storing said merchandise, said Company is thereupon hereby released from all further liability for loss or damage thereafter, whether arising from fire or from any other cause.

Positively No Goods delivered on this Bill of Lading until endorsed and surrendered by Consignee.  Two Copies of this Bill of Lading, duly endorsed, must be sent to Consignee, to effect Custom House entry and delivery of the goods. Weight subject to correction.

Yokohama To Detroit, Mich.
OVERLAND

Nippon Yusen (Kabushiki) Kaisha
Per Silk Train.
[[Japanese flag stamp]] N [[/Japanese flag stamp]]
in connection with The Great Northern Railway Company
(all Rail or via Northern Steamship Company), 
AND Connecting Railway Companies.

Valued at $ 2,500.00
Freight (as per classified rates), viz.
Weight & Measurement.
20 ft. or 472 lbs.

[[postal stamp]] 3 SN. [[/postal stamp]]
[[stamp]] BRANCH $ OFFICE YOKOHAMA *N. Y. C.* JAN 14 1913 [[/stamp]]

Ocean Freight. 
a $ 900 per 100 $ 9.44
a $     ,,        ,,
a $     ,,        ,,
Railway Freight.
a $ 400 per "  $ 18.88
a $     ,,        ,,
a $     ,,        ,,

COLLECT. 

Total Freight. $98. 32
Payable at, destination

B/L No. 42
Shipped in apparent good order and condition by SAMURAI SHOKAI on the board the NIPPON YUSEN (KABUSHIKI) KAISHA'S (hereinafter called the said "Steamship Company") STEAMSHIP "Awa Maru" whereof Capt. R. Shimidzu is commander for this present voyage or whoever may be placed in command new lying in or off the port of Yokohama and bound for Seattle, marked Smithsonian Institution, C/O C. L. Freer, C/# 1/3 - three (3) cases of curios,

To be carried upon said steamer to the port of Seattle and there in like apparent good order and condition to be delivered unto the Great Northern Railway Company, and thence with like privileges and exceptions transported by said Great Northern Railway Company, Northern Pacific Railway Company and Connecting Railway and Steamship Companies (including Northern Steamship Company) to Detroit, Mich. and there in like apparent good order and condition to be delivered unto order notify to Smithsonian Institution, C/O C. L. Freer Esq., Detroit, Mich. U. S. A.
or his or their assigns. FERIGHT FOR THE SAID GOODS TO BE PAID IN AMERICAN GOLD COIN or its equivalent at rates per margin. The several Freights and Primages to be considered as earned Steamer or Goods lost or not lost at any stage of the entire transit. The carriage and delivery of the said goods are declared and agreed to be subject to the conditions and exceptions hereinafter mentioned and contained.

The following are the conditions and exceptions hereinbefore referred to:-

RAILWAY TRANSIT SUBJECT TO THE LAWS OF UNITED STATES.

1.- Weight, contents, quantity, quality and value except for freight purposes unknown.

2.- In case the whole or any part of the articles specified herein be prevented by any cause from going in the first steamship, leaving after the arrival of such articles at the said port, the carrier is only bound to forward them by succeeding steamship employed in this line, by other steamships if deemed necessary by the said carrier.

3.- The acts of God; enemies; pirates; privateers, letters of marque or reprisal; robbers or thieves by seas, lands, rivers, lakes or canals; unlawful acts of any gathering or assembly of people; rising or mutiny among the passengers, strikes and stoppage of labour afloat or ashore at home or abroad; restraints of princes, rulers or people; delay, detention or unavoidable deviation arising out of or consequent upon the employment of any vessel in the mall or any special service of the Imperial Government of Japan; vermin; rain; spray; insufficient packing; injury by dust from coaling; inaccuracies, obliteration or absence of marks and numbers, address or description of goods shipped; reasonable wear and tear of the packages; leakage; breakage; rust; decay; climatic effects; injury caused by other cargo in contact or otherwise when properly stowed; restraints and consequences of quarantine; loss or damage from machinery, boilers or steam, however caused; or from collision, stranding or wreck however caused; or from explosion, heat or fire on board, however caused, or on craft, in hulk, or on shore, however caused; or from evaporation or smell from other goods when properly stowed; jettison; barratry; misfeasance; error in judgement, negligence or default of pilot, master, mariners, engineers or other persons in the service of the of the steamship or railway companies whether in navigating or otherwise; risk of craft or hulk or transhipment; and all and every the dangers and accidents of the seas, lands, rivers, lakes, canals and of navigation generally of whatsoever nature or kind.
4.- The said Steamship Company reserves for its streamer upon the voyage specified in this bill of lading liberty to deviate for any purpose, to call, touch and stay at any intermediate port or ports whether in or out of customary route of the voyage, and there to discharge and receive goods and passengers and to take in coal, and other necessary supplies, to sail with or without pilots, to be towed , and to tow and assist vessels in all situations of distress.
5.- In case the steamship shall be prevented, restrained, delayed in any way by quarantine regulations from delivering their cargoes at the port of destination, all charges for storage, cooperage, drayage, insurance, labour and extra compensation for freight in consequence thereof shall be at the expense and risk of the owner or owners of the above named goods; or should the steamship be prevented from landing the above named goods at the port of destination same may be landed at nearest available port, the master or agent communicating as soon as practicable with shippers and consignees. The ship's responsibility shall cease when the goods are so discharged under quarantine or landed at another port.

6.-All fines and expenses, and losses, by detention of ship or cargo caused by incorrect marking or by incomplete or incorrect description of contents or weights or other participants required by the authorities at any stage of the transit shall be borne by the owners of the goods.

7.-The said Steamship Company and Connecting Railway and Steamship Companies Steamship Company will not be held accountable for gold, silver, bullion, specie, documents, jewelry, precious stones or precious metals, pictures, other goods, unless the bills of the lading are signed for such goods with the value declared therein.

8.- If any goods of an explosive, inflammable, damaging or dangerous nature are shipped without being previously declared and arranged for, they are liable upon discovery, to be thrown overboard or otherwise destroyed; and the loss will fall upon the shippers or the owners of such goods who will furthermore be held responsible for all consequential loss, damage or expenses incurred in connection therewith.

9.-In the events of any port or ports being interdicted by blockade or if the entering  or discharging  in such port or porst should be considered unsafe by reason of war or disturbance the master may discharge goods intended for all or any of those ports at the nearest safe and available port in his discretion at the risk and expense of the owner of the goods and the ship's responsibility shall cease when the goods were so discharged into proper and safe keeping, the master having to give immediate notice of the same to the consignees of the goods in so far as they could be ascertained.

10.- The said Steamship Company reserves the right of forwarding the goods to their destination by any other steamer or steamers belonging to them or to any other Company or persons; all risk of transhipment, landing, storing and reshipment to be borne by the shipper or owner of the goods but the expense to be defr ayed by the said Steamship Company.

11.- In the event of any vessel belonging to the Steamship Company rendering services to the vessel carrying the goods enumerated in this bill of lading entitling the assisting vessel to salvage reward or other remuneration for such service, such reward or remuneration shall be treated in the same manner as if the assisting vessel belonged to the other Companies or persons.

12.- The said Steamship Company and Connecting Railway and Steamship Companies shall have a lien upon the goods for payments made or liabilities incurred in respect of any charges or expenditure stipulated herein, or arising out of contract, to be borne by the owners of the goods.

13.- Any claim for loss, short delivery or damage must be preferred in writing at the place of destination at the office of the delivering Company within thirsty-six hours after delivery thereof at said place of destination; in the event of any such claim not being preferred at the place and within the time specified the claim shall be deemed to be waived, and the said Steamship Company and Connecting Railway and Steamship Companies shall be discharged therefrom.

14.- In all cases of loss of any portion or the whole of said goods or merchandise, the amount of claim shall be restricted to the cash value of such goods or merchandise at the original port of the shipment, at the time of shipment, and that all claims for either partial or total loss or damage shall be ascertained and adjusted upon the basis of the value.
 
15.- In the event of loss of or damage tot he goods named in this bill of lading for which the said Steamship Company may be responsible to the shipper or consignee in the first instance, it is agreed that such Company may have the proportionate benefit of any policy of insurance existing on the said goods; and this condition shall be an obligation to assign the said policy accordingly.

16.- All claims of the nature of general average arising on the voyage shall be construed, adjusted and settled in conformity with the York-Antwerp rules for the time being in force/

17.- Goods carried on deck are carried solely at the shipper's risk.

18.- On the occurrence of any of the perils or contingencies herein excepted the said Steamship Company may, at their option, forward the goods to the place of destination by other conveyances either by land or by water belonging either to itself or to other companies or persons; and they shall be entitled to extra compensation for such services by whomsoever performed.

19.- The goods shall be received by the consignee and removed from the station during business hours on the day of their arrival at the place of destination herein named or said goods may immediately be discharged or stored at the expense and risk of the owner, shipper or consignee, such discharge being considered as delivery and absolving the said Steamship Company from all claim or liability of every description; and in the event of their destruction or damage, from any cause while the goods are so stored no liability of any kind thereof shall attach to any of the carrying companies.
20.- Should the Great Northern Railway Company deem it expedient to forward goods shipped under this Bill of Landing by the Northern Steamship Company from West Superior Wisconsin or Duluth Michigan they reserve the privilege of so doing the Great Northern Railway Company assuming the water risk on the Great Lakes.
21.- Neither the Great Northern nor ant connecting Railway or Steamship Company will be responsible for damages arising from the effects of heat or cold, nor for loss of or damage to goods arising from providential causes, or by fire from any causes whatever while in transit or at stations, or for loss of any property caused by bad or insufficient baling, cooperage or packing.
22.- A delivery at the port of Seattle alongside the steamer of the goods enumerated in this bill of lading according to the terms thereof to the Great Northern Railway Company shall absolve the said Steamship Company from all claim or liability of every description, and in like manner a delivery of said goods by any of the connecting Railway or Steamship Company to the next connecting Railway or Steamer shall absolve said delivering Railway or Steamship Company from all claim or liability of every description.

23.- The liability of each Steamship or Railway for any alleged loss of or damage to any goods shall be confined to its own route; and no Steamship or no Railway Company shall be liable jointly to any extent for any loss or damage accruing upon the route of any other connecting carriers.

24.- Fish, fruits, vegetables, and all perishable goods and glass, crockery, or articles contained in glass or crockery, or castings, or any articles whatever of a fragile nature are taken only at the risk of the shipper, owner, or consignee.

25.- And it is further stipulated and agreed, that vessels are warranted seaworthy only in so far as due care in the appointment or selection of agents, superintendents, pilots, masters, officers, engineers, and crew can secure it; and the said Steamship Company or Connecting Steamship Companies 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, although existing at the time of shipment, provided all reasonable measures have been taken to secure efficiently. 

26.- The property covered by this bill of lading is subject to all conditions expressed in the approved forms of bill of lading in use by  the said Steamship Company at the time of shipment and to all local rules and regulations of different railway and steamship companies prevailing at the place of destination or en route non expressly provided for by the clauses herein.

27.- This bill of lading is subject to all terms and provisions of and all the exemptions, from liability contained in the act of Congress of the United States, relating to navigation &c, approved on the 13th day of February 1893.

28.- In accepting this bill of lading the shipper, owner and consignee of the goods and the holder of the bill of lading agree with the said Steamship Company and connecting Railway and Steamship Companies to the bound by all of its stipulations, exceptions, conditions whether written or printed as fully as if they were all signed by such shipper, owner, consignee, or holder.

29.- The said Goods or Merchandise are shipped and received upon the condition of the stipulations and provisions hereinbefore contained the undersigned undertaking on behalf of the several parties hereto to the extent only of the liabilities herein stated to be assumed by each of them respectively.

30.- The conditions and exceptions contained in this Bill of Lading shall also apply during the transportation in craft or in hulk or on shore, or when stored in warehouse or godowns wheresoever directed.

IN WITNESS WHEREOF, The Agent signing on behalf of the said Steamship Company and of the said Great Northern Railway, the N. Y. K. Co. and other connecting Railway and Steamship Companies severally and not jointly hath affirmed to four Bill of Lading, including Captain's copy, all of this tenor and date, one whereof being accomplished the others to stand void.

DATED at Yokohama this 14th day of January 1913.

[[stamp]] Please state on Captain's copy of B/L the party to be notified on arrival of goods at destination. [[/stamp]]

Form No. 359

FOR NIPPON YUSEN (KABUSHIKI) KAISHA, 
Acting for itself and as Agents of Connecting Railway and Steamship Companies Severally but not jointly.

F. Jim

For the Captain.


Transcription Notes:
---------- Reopened for Editing 2023-06-21 17:52:05 ---------- Reopened for Editing 2023-06-21 17:52:24