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This declaration, if embodied in the bill of lading, shall be primâ facie evidence, but shall not be binding or conclusive on the carrier.

By agreement between the carrier, master or agent of the carrier and the shipper, another maximum amount than that mentioned in this paragraph may be fixed, provided that such maximum shall not be less than the figure above named.

Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading.

(6.) Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier, has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment.

If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.

Surrender of Rights and Immunities, and Increase of Responsibilities and Liabilities.

5. A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and liabilities under the Rules contained in any of these Articles. provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.

The provisions of these Rules shall not be applicable to charterparties, but if bills of lading are issued in the case of a ship under a charter-party they shall comply with the terms of these Rules. Nothing in these Rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.

Special Conditions.

6. Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier, and a shipper shall, in regard to any particular goods, be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.

Any agreement so entered into shall have full legal effect :

Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed, are such as reasonably to justify a special agreement.

Limitations on the Application of the Rules.

7. Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibiliity and liability of the carrier or the

ship for the loss or damage to or in connection with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea.

Limitation of Liability.

8. The provisions of these Rules shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels. 9. The monetary units mentioned in these Rules are to be taken to be gold value.

ACT of the British Parliament to give effect to a Protocol on Arbitration Clauses signed on behalf of His Majesty at a Meeting of the Assembly of the League of Nations held on the 24th day of September, 1923.

[14 & 15 Geo. V, c. 39.]

[August 7, 1924.]

WHEREAS at a meeting of the Assembly of the League of Nations held on the 24th day of September, 1923, the Protocol on arbitration clauses set forth in the schedule to this Act was signed on behalf of His Majesty;

And whereas for the purpose of giving effect to the said protocol it is expedient that the provisions hereinafter contained shall have effect:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1.-(1.) Notwithstanding anything in "The Arbitration Act, 1889," if any party to a submission made in pursuance of an agreement to which the said protocol applies, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking other steps in the proceedings, apply to that court to stay the proceedings,. and that court or a judge thereof, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, shall make an order staying the proceedings.

(2.) This section in its application to Scotland and Northern Ireland shall have effect as if the reference to "The Arbitration Act, 1889," were omitted therefrom, and in the application of this section to Scotland references to

staying proceedings shall be construed as references to sisting proceedings.

2. This Act may be cited as "The Arbitration Clauses (Protocol) Act, 1924."

SCHEDULE.

Protocol on Arbitration Clauses.(1)

The undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions :

1. Each of the Contracting States recognises the validity of an agreement whether relating to existing or future differences between parties, subject respectively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration all or any differences that may arise in connection with such contract relating to commercial matters or to any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.

Each contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any Contracting State which avails itself of this right will notify the Secretary-General of the League of Nations, in order that the other Contracting States may be so informed.

2. The arbitral procedure, including the constitution of the arbitral tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place.

The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to existing differences.

3. Each Contracting State undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of arbitral awards made in its own territory under the preceding Articles.

4. The tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made between persons to whom Article 1 applies and including an arbitration agreement whether referring to present or future differences which is valid in virtue of the said article and capable of being carried into effect, shall refer the parties on the application of either of them to the decision of the arbitrators.

Such reference shall not prejudice the competence of the judicial tribunals in case the agreement or the arbitration cannot proceed or become inoperative.

5. The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations, who shall notify such deposit to all the signatory States.

6. The present Protocol shall come into force as soon as two ratifications have been deposited. Thereafter it will take effect, in the case of each Contracting State, one month after the notification by the Secretary-General of the deposit of its ratification.

7. The present Protocol may be denounced by any Contracting State on giving one year's notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who will

(1) Vol. 117, page 446.

immediately transmit copies of such notification to all the other signatory States and inform them of the date on which it was received. The denunciation shall take effect one year after the date on which it was notified to the Secretary-General, and shall operate only in respect of the notifying State.

8. The Contracting States may declare that their acceptance of the present Protocol does not include any or all of the undermentioned territories; that is to say, their colonies, overseas possessions or territories, protectorates or the territories over which they exercise a mandate.

The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the League of Nations shall be informed as soon as possible of such adhesions. He shall notify such adhesions to all signatory States. They will take effect one month after the notification by the Secretary-General to all signatory States.

The Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article to such denunciation.

applies

BRITISH ORDER IN COUNCIL fixing the Date of the Termination of War between His Majesty and Turkey.— London, August 12, 1924.(1)

At the Court at Buckingham Palace, the 12th day of
August, 1924.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by The Termination of the Present War (Definition) Act, 1918,''(2) it is provided that His Majesty in Council may declare what date is to be treated as the date of the termination of the present war, and that the date so declared shall be as nearly as may be the date of the exchange or deposit of ratifications of the Treaty or Treaties of Peace, and that His Majesty may also similarly declare what date is to be treated as the date of the termination of war between His Majesty and any particular State;

And whereas at Lausanne on the 24th day of July, 1923, a Treaty of Peace between certain Powers and Turkey was signed on behalf of His Majesty:

And whereas by the said Treaty of Peace it was provided that a procès-verbal of the deposit of ratification should be drawn up as soon as the Treaty had been ratified by Turkey, on the one hand, and the British Empire, France, Italy and Japan, or any three of them, on the other hand, and that from the date of the said procès-verbal the Treaty would come

(1) "London Gazette,” August 12, 1924. (2) Vol. CXI, page 211.

into force between the High Contracting Parties who had ratified it;

And whereas the said Treaty having been ratified by Turkey, on the one hand, and His Majesty, Italy and Japan, on the other hand, such a procès-verbal as aforesaid has been drawn up and dated the 6th day of August, 1924;

And whereas His Majesty, by Order in Council dated the 10th day of August, 1921, (3) was pleased to order that the 31st day of August, 1921, should be treated as the date of the termination of the present war, but it was provided that nothing in the said Order should affect the relations between His Majesty and the Ottoman Empire until ratifications of the Treaty of Peace with that Empire should have been exchanged or deposited;

And whereas it is desirable to declare the date which is to be treated as the date of the termination of the war with Turkey:

Now, therefore, His Majesty, by and with the advice of his Privy Council, is pleased to order, and it is hereby ordered, that the said 6th day of August, 1924, shall be treated as the date of the termination of war between His Majesty and Turkey.

(3) Vol. CXIV, page 100.

COLIN SMITH.

BRITISH ORDER IN COUNCIL relating to the Jurisdiction formerly held by His Majesty the King in the Territories which formerly constituted the Dominions of the Sublime Ottoman Porte.-London, August 12, 1924. (1)

At the Court at Buckingham Palace, the 12th day of
August, 1924.

PRESENT: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by treaty, capitulation, grant, usage, sufferance, and other lawful means, His Majesty the King had jurisdiction within the territories which formerly constituted the dominions of the Sublime Ottoman Porte;

And whereas by the Treaty of Peace with Turkey, signed on behalf of His Majesty at Lausanne on the 24th day of July, 1923, provision was made for the termination of the said jurisdiction in Turkey;

And whereas His Majesty has consented to the suspension of the said jurisdiction in certain territories which formed part of the said dominions, but do not now form part of Turkey;

(1) "London Gazette," August 12, 1924.

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