509 Award and shall be paid by such of the parties as the Award may direct. Save as aforesaid the statutory provisions as to Arbitration for the time being in force in England shall apply. 9. The Committee of Lloyd's may in their discretion out of the Cash deposit or out of the security or bail (which they may realize or enforce for that purpose) pay to the Contractor on account before the publication of the Award such sum as they may think reasonable on account of any out-of-pocket expenses incurred by him in connection with the services. 10. The Master is not authorized to make or give and the Contractor shall not demand or take any payment Draft or Order for or on account of the remuneration. 11. Any dispute between any of the parties interested in the property salved as to the proportions in which they are to contribute to the Cash deposit or the sum awarded or provide the security or bail or as to any other matter concerning them shall be referred to and determined by the Committee of Iloyd's whose decision shall be final and is to be complied with forthwith. 12. The Master enters into this Agreement as Agent for the Vessel and Cargo and the respective owners thereof and binds each (but not the one for the other or himself personally) to the due performance thereof. 13. Any of the following parties may object to the sum named in Clause 1 as excessive or insufficient having regard to the services which proved to be necessary in performing the Agreement or to the value of the property salved at the completion of the operations and may claim Arbitration, viz. : (1) The owners of the ship. (2) Such other persons together interested as Owners and/or Underwriters or any part not being less than one-fourth of the property salved as the Committee of Lloyd's in their absolute discretion may by reason of the substantial character of their interest or otherwise authorize to object. (3) The Contractor. (4) The Committee of Lloyd'sAny such objection and the Award upon the Arbitration following thereon shall be binding not only upon the objectors but upon all concerned provided always that the Arbitrators or Arbitrator or Umpire may in case of objection by some only of the parties interested, order the costs to be paid by the objectors only provided also that if the Committee of Lloyd's in their public capacity be objectors they shall not themselves act as Arbitrators or Umpires. 14. If the parties to any such Arbitration or either of them desire to be heard or to adduce evidence at the Arbitration they shall give notice to that effect to the Secretary of Lloyd's and shall respectively nominate a person in London to represent them for all the purposes of the Arbitration and failing such notice and nomination being given within 14 days or such longer period as the said Committee of Lloyd's may allow after the notice of objection the Arbitrator or Arbitrators or Umpire may proceed as if the parties failing to give the same had renounced their right to be heard or adduce evidence. 15. Any award, notice, authority, order, or other document signed by the Chairman or Secretary of Lloyd's on behalf of the Committee shall be deemed to have been duly signed by and shall have the same force and effect in all respects as if it had been signed by every member of the Committee. XIX. FORM OF BOTTOMRY BOND. Know All Men by these Presents that I,.. in.. ...put into.. to.. ..of.. ....of............tons burthen, now riding at anchor ...having, in the prosecution of a voyage from...... ..for the purpose of procuring provisions and other supplies necessary for the continuation and performance of the said voyage, am at this time compelled to take up, on the security of the .....and her freight, the sum of................pounds sterling money of Great Britain, in order to set the said ship to sea, and to the furnishing of her with provisions and necessaries for the said voyage, which ...merchants, have at my request lent to me, and ..pounds for the said. sum.. .of. supplied me with, at the rate of........ pounds during the voyage of the said.. to..... Now Know Ye that I,.. I,..... ........from........ ...by these presents do, for me, my executors and administrators, covenant with the said. that the said ship shall, after the date of these presents, with all convenient speed, sail for.. ...........there to finish the voyage aforesaid. AND ..in consideration of the sum of.... pounds paid to me by the said... ..at and before the sealing and delivery of these presents, do hereby bind myself, my heirs, executors, and administrators, my goods and chattels, and particula ly the said ship, the tackle and apparel of the same, and also the freight to become due on the termination of the said voyage, to pay to the said.......... ..their executors, administrators and assigns, the sum of.................. ..pounds of lawful British money within thirty days next after the safe arrival of the said ship at the port of... from the said voyage. AND I,... ...do for me, my executors and administrators, ..their executors and administrators, covenant with the said. that I, at the time of sealing and delivering these presents, have power and authority to charge the said ship and her freight as aforesaid, and that the said ship shall at all times after the said voyage be liable and chargeable for the payment of the said.... ......pounds until the said charge be fully satisfied according to the true intent and meaning of these presents. AND LASTLY it is hereby agreed that in case the said ship shall be lost or miscarry on the said voyage, and before her arrival at.... that then the payment of the said... or be recoverable by the said.. ..pounds shall not be demanded .their executors, adminis trators or assigns, but shall cease and determine, and the loss thereby be wholly borne by the said....... ...their executors and administrators, and this bond be thereupon wholly voided. IN WITNESS WHEREOF the parties have interchangeably set their hands and seals to three bonds of this tenor and date, one of which being paid the others to be null and void. XX. THE "HARTER ACT" (1893). (Approved 13th February, 1893.) BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled- Sec. 1.-That it shall not be lawful for the manager, agent, master, or owner of any vessel transporting merchandize or property from or between ports of the United States and foreign ports to insert in any bill of lading or shipping documents any clause, covenant, or agreement whereby it, he, or they shall be relieved from liability for loss or damage arising from negligence, fault or failure in proper loading, stowage, custody, care, or proper delivery of any and all lawful merchandize or property committed to its or their charge. Any and all words or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect. Sec. 2.-That it shall not be lawful for any vessel transporting merchandize or property from or between ports of the United States of America and foreign ports, her owner, master, agent, or manager, to insert in any bill of lading or shipping document any covenant or agreement whereby the obligations of the owner or owners of said vessel to exercise due diligence, to properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants to properly handle and stow her cargo, and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided. Sec. 3. That if the owner of any vessel transporting merchandize or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped and supplied, neither the vessel, her owner or owners, agent or charterers, shall become or be held responsible for damage or loss resulting from faults or errors in navigation or in the management of the said vessel; nor shall the vessel, her owner or owners, charterers, agent or master be held liable for losses arising from dangers of the sea or other navigable waters, acts of God, or public enemies, or the inherent defect, quality, or vice of the thing carried, or from insufficiency of package, or seizure under legal process, or from loss resulting from any act or omission of the shipper or owner of the goods, his agent or representative, or from saving or attempting to save life or property at sea, or from any deviation in rendering such service. Sec. 4.—That it shall be the duty of the owner or owners, masters, or agent of any vessel transporting merchandize or property from or between ports of the United States and foreign ports, to issue to shippers of any lawful merchandize a bill of lading or shipping document stating among other things, the marks necessary for identification, number of packages, or quantity, stating whether it be carrier's or shipper's weight, and apparent order or condition of such merchandize or property delivered to and received by the owner, master, or agent of the vessel for transportation, and such document shall be prima facie evidence of the receipt of the merchandize herein described. Sec. 5.-That for a violation of any of the provisions of this Act the agent, owner, or master of the vessel guilty of such violation, and who refuses to issue on demand the bill of lading herein provided for, shall be liable to a fine not exceeding two thousand dollars. The amount of the fine and costs for such violation shall be a lien upon the vessel, whose agent, owner, or master is guilty of such violation, and such vessel may be libelled therefore in any district court of the United States, within whose jurisdiction the vessel may be found. One-half of such penalty shall go to the party injured by such violation and the remainder to the Government of the United States. Sec. 6. That this Act shall not be held to modify or repeal sections fortytwo hundred and eighty-one, forty-two hundred and eighty-two, and fortytwo hundred and eighty-three of the Revised Statutes of the United States, or any other statute defining the liability of vessels, their owners, or representatives. Sections one and four of this Act shall not apply to the transportation of live animals. |