7. Section 4, Subsection 2 (q) of the Act differs from Article 4, paragraph 2 (q) of the Convention in that the word "and" is used at two places near the beginning of the paragraph in the Act where "or" is used in the Convention. Section 4, subsection (2) (q) of the Act is as follows: "SEC. 4 . . "(2) Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from- "(q) Any other cause arising without the actual fault (or) and privity of the carrier (or) and without the fault or neglect of the agehts 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." 8. Section 4, subsection (4) of the Act contains a proviso which is not in the Convention to the effect that deviation for the purpose of loading or unloading cargo or passengers is prima facie unreasonable. The proviso is underlined' in the following quotation from the Act: "SEC. 4. .. . "(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 in- fringement or breach of this Act or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom: Provided, however, That if the deviation is for the purpose of loading or unloading cargo or passengers it shall, prima facie, be regarded as unreasonable." 9. Section 4, subsection (5) of the Act contains phraseology in the first paragraph by which the reservation which the Senate made in giving its advice and consent to the ratification of the Convention sub- stituting lawful money of the United States in place of "gold value" is adopted. In this subsection $500 is substituted for 100 pounds sterling pursuant to the privilege reserved by the Contracting States in the second paragraph of Article 9 of the Convention. The words "the transportation of" are used before "goods" near the beginning of the subsection, and the words "binding or" which appear in the Con- vention are omitted from the next sentence of this subsection. The language appearing in Section 4, subsection (5) of the Act, but not in Article 4, paragraph 5 of the Convention, is underlined I and the words "binding or" are placed in parentheses in the following quotation from the Act: "SEC. 4 . . . "(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 the transportation of goods in an amount exceeding $500 per package lawful money of the United States, or in case of goods not shipped in packages, per cus- tomaryfreight 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 declara- tion, if embodied in the bill of lading, shall be prima facie evidence, but shall not be (binding or) conclusive on the carrier." ' Italicized. 272 TREATIES
�
