« iepriekšējāTurpināt »
SEC. 20. All notices herein provided for may be given by personal delivery, by registered mail, or by telegraph addressed to the distributor at. or to the company, in the city of New York, State of New York, United States of America.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed the day and year first above written. ATTEST
(SEAL) By----* NOTE.—If the distributor is a corporation this agreement should be executed by its president, attested by its secretary, with the corporate seal attached ; otherwise there should be two witnesses, who should sign as such, to the distributor's signature.
D. EXAMPLES OF FOREIGN QUARANTINE RESTRIC
The following examples are believed to be adequately illustrative of the situation prevailing in most countries in regard to sanitary or quarantine restrictions on the importation of fruits, vegetables, livestock, etc.
The most important quarantine restrictions in France are the following:
1. Fresh fruits from the United States and a number of other countries are admitted only if accompanied by special sanitary certificates certifying freedom from San Jose scale (decree of March 18, 1932).
2. All live plants and parts of live plants from the United States and a number of other countries are prohibited because of San Jose scale (decree of March 8, 1932).
3. Potatoes from the United States and Canada are prohibited because of Colorado beetle (decree of July 13, 1922).
4. Grape vines from all countries are prohibited because of phylloxera (law of July 15, 1921).
5. Seeds containing cuscuta (dodder) are prohibited absolutely as parasites (decree of February 21, 1908). Forage grass-seeds are prohibited if mixed or if unfit for sowing according to fixed standards of purity and germinability (law of January 11, 1932).
6. Live cattle, sheep, goats, and hogs, from North and South America, are prohibited, except cattle, sheep, and goats from Canada, probably because of hoof-and-mouth disease, though no immediate reason is given (order of August 7, 1920).
7. Fresh, chilled, and frozen pork meats, except pork livers, from the American Continent are prohibited because of trichina (order of February 19, 1902).
8. Meat products must be accompanied by special sanitary certificates certify. ing health of animals at time of slaughter (decree of January 17, 1928).
9. Bees, honey, and beeswax must be accompanied by sanitary certificates certifying freedom from certain bee diseases (order of July 22, 1930).
Among the quarantine restrictions in the United Kingdom, which to a greater or less extent affect American trade, are the following:
1. Apples.-Importation from the United States between July 7 and November 15 of each year limited to two top grades as certified by U. S. Department of Agriculture.
2. Potatoes.-Importation prohibited from United States and Canada because of Colorado beetle.
3. Plants.—Living plants and parts (except seeds) must be accompanied by a sanitary certificate signed by an officer of the Federal or State Department of Agriculture.
4. Cats and dogs.-Detention in quarantine for a 6-month period required.
The importation into Belgium of fresh peaches, apricots, and nectarines from any source is permitted only after inspection by the Belgian Plant Protection Service, at the expense of the importer, shows the shipment to be free from certain specified larvae. Certain other fruit is also subject to certain requirements when imported from specified countries.
In Italy the importation of live plants and parts of plants, etc., is limited to certain specified customs districts ; special authorization from a plant pathologist at the port of entry, or from the Ministry of Agriculture, Industry, and Commerce, must be obtained, and under specified conditions certification of immunity from disease must be furnished.
Canada prohibits the importation of second-hand bags or bagging, whether empty or containing merchandise. Exception is made for bags imported from the United States, provided shipments are accompanied by a sworn declaration of the shipper to the effect that such bags or bagging originated in the United States and have not been outside the United States before direct shipment to Canada. This regulation even prohibits the importation into Canada of secondhand bags or bagging which may previously have been permitted entry into Canada but had been returned to the United States for refilling or other purposes. This restriction is believed to be in connection with hoof and mouth disease.
Regulations of the Plants Inspection Division of the Customs Bureau, promulgated in the official gazette of October 27, 1933, revise and enforce the quarantine prohibition provided for in an ordinance effective October 15, 1920, by which various fresh fruits and vegetables were prohibited entry into Japan for sanitary reasons. Included among the products prohibited are apples, for the declared purpose of preventing the introduction into Japan of the codling moth. In 1925 the Canadian Government unsuccessfully negotiated with the Japanese Government for the removal of the restriction.
All American cotton is required to be fumigated at the port of Bombay, since October 1, 1925, because of fear of introduction of the boll weevil. From time to time there have been suggestions made that fumigation is unnecessary, as the boll weevils are said to die during the long ocean vovage to India, if any of them are actually contained in the cotton bales.
A proclamation issued in 1919 restricts (in effect practically prohibits) the importation of potatoes on sanitary grounds.
Similar restrictions are in effect on imports of citrus fruits, while imports of peanuts are definitely prohibited on sanitary grounds. In times of Australian crop shortage, as in 1933, however, imports of peanuts were permitted in specified quantities and for specified periods, apparently without any certificate or other sanitary requirement.
ARGENTINA Cottonseed, broomcorn, and certain other specified plants and seeds are prohibited importation into Argentina from all sources.
There are also sanitary restrictions on apples and pears, sugarcane, potatoes, and seeds of plants subject to attack by the European corn borer. The restrictions on apples and pears are probably the most important to American trade.
Apples and pears.--Each consignment of barreled apples must be accompanied by a sanitary certificate issued by a competent authority of the State of origin, and by another sanitary certificate issued by technical experts of the Department of Agriculture. These sanitary certificates must state that the shipments covered are free of canker, blotch, brown rot, soft rot, Mediterranean fruit fly, apple curculio, apple fruit miner, apple maggot, apple weevil, plum curculio, orange tortorix, orange holcolcera, orange platynata, or Arizona orange worm. These certificates must be presented to the Argentine consul nearest the place of loading, for authentication of the signatures. These fruits may be imported only under the above conditions, and only through the ports of Buenos Aires, Rosario, and La Plata. All shipments of apples and pears are inspected at the port of entrance, and if there is any suspicion of the fruit being infected with any of the harmful parasites, it will be subject to quarantine for such time as may be necessary. If the investigation reveals the absence of parasites, the fruit will be released. If found to contain any of the parasites mentioned above, the fruit will be incinerated without indemnification, and at the expense of the importer. The above requirement, with intervening modifications, has been effective since July 1, 1931,
In addition to specific restrictions on certain individual products, seeds, fruits, and vegetables in general imported into Argentina have required since July 1, 1933, a sanitary inspection certificate of the country of origin, and, according to recent reports, have also been made subject to a sanitary import permit, with certain exceptions. It is to be noted that products in this category of most importance to American trade are excepted from the sanitary certificate require ment but are subject to the latter requirement for inspection and sanitary import permit.
Meat and livestock.-Livestock imported into Argentina is subject to sanitary certificate issued by competent authorities in the country of origin, and all meat products must be covered by a certificate of inspection issued by a suitable authority in the country of origin (the Bureau of Animal Industry in the United States). All imported meat and meat products require sanitary inspection at the port of entry and possible analysis.
E. INTERNATIONAL CONVENTION FOR THE UNIFICA
TION OF CERTAIN RULES RELATING TO BILLS OF
There is reproduced below the text of the international convention agreed to in 1924 at Brussels, Belgium, for the unification of certain rules relating to bills of lading:
ARTICLE 1.-In this convention the following words are employed with the meaning set out below:
(a) “Carrier" includes the owner of the vessel or the charterer who enters into a 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, insofar as such document relates to the carriage of goods by sea; it also applies to any bill of lading or any similar document as aforesaid issued under, or pursuant to, a charter party from the moment at which such instrument regulates the relations between a carrier and a holder of the same.
(c) “Goods” includes goods, wares, merchandise, and articles of every kind whatsoever except live animals and cargo which by the contract of carriage is being carried on deck and is so carried.
(d) “Ship” means any ressel 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.
ART. 2.-Subject to the provisions of article 6, 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.
ART. 3.-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 4, the carrier shall properly an fully 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.
(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).