                   CARRIAGE OF GOODS BY SEA  [ CAP. 140.   1
CHAPTER 140 
CARRIAGE OF GOODS BY SEA ACT
To make provision in respect of the Carriage of Goods by Sea.
(17th December, 1954) *
Enacted by ACT XI of 1954 as amended by Acts XI of 1973 and XIII of
1983.
Short title.
Interpretation.
lading, set out in the Schedule to this Act.
Application of the 
Rules. 
Cap. 13.
3. Notwithstanding any provisions to the contrary contained
in the Commercial Code, the Rules shall have effect, subject to the
provisions of this Act, in relation to and in connection with the
carriage of goods by sea in any vessel used for that purpose and
carrying goods from Malta to any other port, but not if such vessel
is carrying goods within the limits of Malta, that is from one island
to the other or from one part of an island to another part of the same
island.
No implied war-
ranty of seaworthi-
ness.
4. There shall not be implied in any contract for the carriage
of goods by sea to which the Rules apply any absolute undertaking
by the carrier of the goods to provide a seaworthy vessel.
Statement as to 
applicability of the 
Rules to be 
included in bills of 
lading. 
5. Every bill of lading or similar document of title, issued in
Malta, which contains or is evidence of any contract to which the
Rules apply, shall contain an express statement that it is to have
effect subject to the provisions of the said Rules as applied by this
Act.
Modification of 
rules 4 and 5 of 
Article III of the 
Rules in relation to 
bulk cargoes.
6. Where under the usages of any trade the weight of any bulk
cargo inserted in the bill of lading is a weight ascertained or
accepted by a third party other than the carrier or the shipper and
the fact that the weight is so ascertained or accepted is stated in the
bill of lading, then, notwithstanding anything in the Rules, the bill
of lading shall not be deemed to be  prima   facie  evidence against the
carrier of the receipt of goods of the weight so inserted in the bill of
lading, and the accuracy thereof at the time of shipment shall not be
deemed to have been guaranteed by the shipper.
Saving clause. 
Substituted by: 
XI. 1973.377. 
Cap. 234.
7. Nothing in this Act shall affect the operation of sections
286 to 291, both included, and of Part IX of the Merchant Shipping
Act, or the operation of any other enactment, for the time being in
force, limiting the liability of shipowners.
Operation of the 
Rules.
8. The Rules shall not by virtue of this Act apply to any
contract for the carriage of goods by sea made before the 1st
January, 1955, nor to any bill of lading or similar document of title
issued, whether before or after that day, in pursuance of any such
contract as aforesaid. 
* See  Government Notice No. 571 of 18th December, 1954.
  2        CAP. 140. ]          CARRIAGE OF GOODS BY SEA
Amended by: 
XIII. 1983.5.
SCHEDULE 
Rules Relating To Bills Of Lading
A R T I C L E  I
Definitions 
In these Rules the following expressions have the meanings
hereby assigned to them respectively, that is to say:
"carriage of goods" covers the period from the time when the
goods are loaded on to the time when they are discharged from the
ship; 
"carrier" includes the owner or the charterer who enters into a
contract of carriage with a shipper;
"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 or similar document of title regulates the
relations between a carrier and a holder of the same;
"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;
"ship" means any vessel used for the carriage of goods by sea.
A R T I C L E  II
Risks 
Subject to the provisions of Article VI, under every contract of
carriage of goods by sea the carrier, in relation 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.
A R T I C L E  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;
( b ) properly man, equip, and supply the ship;
( 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.
                   CARRIAGE OF GOODS BY SEA  [ CAP. 140.   3
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 among 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;
( b ) 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 ground 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, or, if the loss or damage be not
apparent, within three days, such removal shall be  prima facie
evidence of the delivery by the carrier of the goods as described in
the bill of lading.
  The notice in writing need not be given if the state of the goods
has at the time of their receipt been the subject of joint survey or
inspection.
  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.
  4        CAP. 140. ]          CARRIAGE OF GOODS BY SEA
 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
shipper so demands, be a "shipped" bill of lading, provided that if
the shipper shall have previously taken up any document of title to
such goods, he shall surrender the same as against the issue of the
"shipped" bill of lading, but at the option of the carrier such
document of title may be noted at the port of shipment by the
carrier, master, or agent with the name or names of the ship or ships
upon which the goods have been shipped and the date or dates of
shipment, and when so noted the same shall for the purposes of this
Article be deemed to constitute a "shipped" bill of lading.
8. Any clause, covenant or agreement in a contract of carriage
relieving the carrier or the ship from liability for loss or damage to
or in connection with goods arising from negligence, fault or
failure in the duties and obligations provided in this Article or
lessening such liability otherwise than as provided in these Rules,
shall be null and void and of no effect.
  A benefit of insurance or similar clause shall be deemed to be a
clause relieving the carrier from liability.
A R T I C L E  IV
Rights and Immunities.
1. Neither the carrier nor the ship shall be liable for loss or
damage arising or resulting from unseaworthiness unless caused by
want of due diligence on the part of the carrier to make the ship
seaworthy, and to secure that the ship is properly manned, equipped
and supplied, and to 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 in
accordance with the provisions of paragraph 1 of Article III.
  Whenever loss or damage has resulted from unseaworthiness,
the burden of proving the exercise of due diligence shall be on the
carrier or other person claiming exemption under this section.
2. Neither the carrier nor the ship shall be responsible for loss
or damage arising or resulting from - 
( a ) act, neglect, or default of the master, mariner, pilot or
the servants of the carrier in the navigation or in the
management of the ship;
( b ) fire, unless caused by the actual fault or privity of the
carrier;
( c ) perils, dangers and accidents of the sea or other
navigable waters;
                   CARRIAGE OF GOODS BY SEA  [ CAP. 140.   5
( d ) act of God;
( e ) act of war;
( f ) act of public enemies;
( g ) arrest or restraint of princes, rulers or people, or
seizure under legal process;
( h ) quarantine restrictions;
( i ) act or omission of the shipper or owner of the goods,
his agent or representative;
( j ) strikes or lock-outs or stoppage or restraint of labour
from whatever cause, whether partial or general;
( k ) riots and civil commotions;
( l ) saving or attempting to save life or property at sea;
( m ) wastage in bulk or weight or any other loss or damage
arising from inherent defect, quality, or vice of the
goods;
( n ) insufficiency of packing;
( o ) insufficiency or inadequacy of marks;
( p ) latent defects not discoverable by due diligence;
( q ) any other cause arising without the actual fault or
privity of the carrier, or without the fault or neglect of
the agents or servants of the carrier, but the burden of
proof shall be on the person claiming the benefit of
this exception to show that neither the actual fault or
privity of the carrier nor the fault or neglect of the
agents or servants of the carrier contributed to the loss
or damage.
3. The shipper shall not be responsible for loss or damage
sustained by the carrier or the ship arising or resulting from any
cause without the act, fault or neglect of the shipper, his agents or
his servants.
4. Any deviation in saving or attempting to save life or
property at sea, or any reasonable deviation shall not be deemed to
be an infringement or breach of these Rules or of the contract of
carriage, and the carrier shall not be liable for any loss or damage
resulting therefrom.
5. Neither the carrier nor the ship shall in any event be or
become liable for any loss or damage to or in connection with
goods in an amount exceeding one hundred liri per package or unit,
or the equivalent of that sum in other currency, unless the nature
and value of such goods have been declared by the shipper before
shipment and inserted in the bill of lading.
  This declaration if embodied in the bill of lading shall be  prima
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
  6        CAP. 140. ]          CARRIAGE OF GOODS BY SEA
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.
A R T I C L E  V
Surrender of Rights and Immunities, and Increases of 
Responsibilities and Liabilities
 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 charter-
parties, 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.
A R T I C L E  VI 
Special Conditions
 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
                   CARRIAGE OF GOODS BY SEA  [ CAP. 140.   7
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.
A R T I C L E  VII
Limitations on the Application of the Rules
 Nothing herein contained shall prevent a carrier or a shipper
from entering into any agreement, stipulation, condition,
reservation or exemption as to the responsibility 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.
A R T I C L E  VIII 
Limitation of Liability
 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.
A R T I C L E  IX
 The monetary units mentioned in these Rules are to be taken to
be gold value.
