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and whether the claim is his own or that of ship-chandlers, repairers, lenders, or other contractual creditors.
6. Claims arising on bills of lading.
The mortgages, hypothecations, and other charges on vessels referred to in article i rank immediately after the secured claims referred to in Nos. 1 to 4 of the last preceding article.
National laws may grant a lien in respect of claims other than those referred to in the said last mentioned article, or may modify the ranking of secured claims, so, however, as not to modify the ranking of claims secured by mortgages, hypothecations, and other similar charges, or by the liens taking precedence thereof.
The secured claims referred to in Nos. 5 and 6 of article 2 and paragraph 2 of the present article, rank before mortgages, hypothecations, and other like charges, if they arose at a date previous to the date of the inscription of the mortgage or other charge, and if an entry of the lien to which the claim gives rise has been made in the register referred to in article 1 before the expiration of three months from the date when the claim originated.
The accessories of the vessel and the freight, mentioned in article 2, mean
1. Compensation due to the owner for material damage sustained by the vessel and not repaired, or for loss of freight;
2. General average contributions due to the owner, in respect of material damage sustained by the vessel and not repaired, or in respect of loss of freight;
3. Remuneration due to the owner for assistance and salvage services rendered at any time before the end of the voyage, any sums allotted to the master or other persons in the service of the vessel being deducted.
The provisions as to freight apply also to passage money, and, in the last resort, to the sum represented by the payment provided for by article 4 of the convention on the limitation of shipowners' liability.
Payments made or due to the owner on policies of insurance, well as bounties, subventions, and other national subsidies are not deemed to be accessories of the vessel or of the freight.
Notwithstanding anything in the opening words of article 2, the lien in favor of persons in the service of the vessel extends to the total amount of freight due for all voyages made during the subsistence of the same contract of engagement.
ARTICLE 5. Claims secured by a lien and relating to the same voyage rank in the order in which they are set out in article 2. Claims included under any one heading share concurrently and ratably in the event of the fund available being insufficient to pay the claims in full.
*The protocol will contain a declaration to the effect that “This convention does not affect the provi. sions of any national law giving a lien to public insurance associations in respect of claims arising out of the insurance of the personnel of vessels."
The claims mentioned under Nos. 3 and 5 in that article rank, in each of the two categories, in the inverse order of the dates on which they came into existence.
Claims arising from one and the same occurrence are deemed to have come into existence at the same time.
Claims secured by a lien and attaching to the last voyage have priority over those attaching to previous voyages:
Provided that claims, arising on one and the same contract of engagement extending over several voyages, all rank with claims attaching to the last voyage.
As regards the distribution of the sum resulting from the sale of the property subject to a lien, the creditors whose claims are secured by a lien have the right to put forward their claims in full, without any deduction on account of the rules relating to limitation of liability, provided, however, that the sum apportioned to them may not exceed the sum due having regard to the said rules.
Claims secured by a lien follow the vessel into whatever hands it may pass.
The liens cease to exist, apart from other cases provided for by national laws, at the expiration of one year from the date on which the claim becomes enforceable, and, in the case of liens securing any of the claims mentioned in No. 5 of article 2, shall not continue in force for more than two years from the date when the claim originated.
Nevertheless as respects the cases provided for in the national laws in which a lien is extinguished, à sale shall extinguish a lien only if accompanied by formalities of publicity which shall be laid down by the national laws. These formalities shall include a notice given in such form and within such time as the national laws may prescribe to the authority charged with keeping the registers referred to in article 1 of this convention.
The fact that any of the persons in the service of the vessel specified in No. 2 of article 2 has a right to any payment in advance or on account, does not render his claim enforceable within the meaning of the first paragraph of this article.
In the case of liens securing claims in respect of assistance and salvage, the period for which the lien remains in force runs from the day when the services terminated, and in the case of liens securing claims in respect of collision and the other liabilities mentioned in .No. 4 of article 2, the period runs from the day when the damage was caused.
The grounds upon which the above periods may be suspended interrupted are determined by the law of the court where the case is tried.
The High Contracting Parties reserve to themselves the right to providé, by legislation, in their respective countries that the said periods shall be extended in cases where it has not been possible to arrest the vessel to which a lien attaches in the territorial waters of the State in which the claimant has his domicile or his principal place of business, provided that the extended period shall not exceed three years from the time when the claim originated.
A lien on freight may be enforced so long as the freight is still due or the amount of the freight is still in the hands of the master or the agent of the owner. The same principle applies to a lien on accessories.
Subject to the provisions of this convention, liens established by the preceding provisions are subject to no formality and to no special condition of proof.
This provision does not affect the right of any State to maintain in its legislation provisions requiring the master of a vessel to fulfil special formalities in the case of certain loans raised on the security of the vessel, or in the case of the sale of its cargo.
National laws must prescribe the nature and the form oi documents to be carried on board the vessel on which entry must be made of the mortgages, hypothecations, and other charges referred to in article 1; so, however, that the mortgagee requiring such entry in the said form be not held responsible for any omission, mistake, or delay in inscribing the same on the said documents. If the mortgagee fails to require such entry he will have no right to set up his mortgage, hypothecation, or other charge as against bona fide holders of liens.
The foregoing provisions of this convention apply to vessels under the management of a person who operates them without owning them or to the principal charterer, except in cases where the owner has been dispossessed by an illegal act, or where the claimant is not a bona fide claimant.
The provisions of this convention shall be applied in each contracting State in cases in which the vessel to which the claim relates belongs to a contracting State, as well as in any other cases provided for by the national laws.
Nevertheless the principle formulated in the preceding paragraph does not affect the right of the contracting States not to apply the provisions of this convention in favor of the nationals of a noncontracting State.
5 The French text has “et quand, en outre,” which means “and when further mere.”
This convention does not apply to vessels of war, nor to Government vessels appropriated exclusively to the public service.
Nothing in the foregoing provisions shall be deemed to affect in any way the competence of tribunals, modes of procedure or methods of execution authorized by the national laws.
[Here will follow articles 17 to 22 in terms identical with those of articles 16 to 21 of the convention relating to the limitation of shipowners' liability.]
DRAFT INTERNATIONAL CONVENTION THE UNIFICATION
CERTAIN RULES RELATING TO BILLS OF LADING.
In this convention the following words are employed with the meanings set out below:
(a) “Carrier” includes the owner or the charterer who enters into contract of carriage with a shipper.
(6) Contract of carriage” applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter-party from the moment at which such bill of lading governs the relations between the carrier and the holder of the bill of lading.
(c) "Goods includes goods, wares, merchandises, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried.
(d) “Ship” means any vessel used for the carriage of goods by sea.
(e) “Carriage of goods” covers the period from the time when the goods are loaded on to the time they are discharged from the ship.
ARTICLE II. Risks.
Subject to the provisions of article VI under every contract of carriage of goods by sea the carrier, in regard to the loading, handling, stowage, carriage, custody, care, and discharge of such goods shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth.
ARTICLE III.-- Responsibilities and liabilities. 1. The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to-
(a) Make the ship seaworthy;
(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation.
2. Subject to the provisions of article IV the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.
3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing amongst other things:
(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage;
(6) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper;
(c) The apparent order and condition of the goods:
Provided that no carrier, master, or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable grounds for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking.
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 paragraph 3 (a), (b), and (c).
5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
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 delivery by the carrier of the goods as described in the bill of lading:
If the loss or damage is not apparent, the notice must be given within three days of the delivery of the goods.
The notice in writing will not be admissible if the state of the goods has, at the time of their receipt, been agreed to be otherwise than as stated in the notice.
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered.
In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.
7. After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier to the shipper shall, if the ship