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question of the ownership of the goods, which is in accordance with the text where the words good faith" and " for valueare used. The case in 1 Cal., supra, ably discusses the entire question, referring to Smith's Merc. Law, p. 287; Thompson vs. Downing, 14 Meeson & Welsby, p. 403; 2 Kent's Comm., p. 547; 1 Smith's L. C., p. 649, Am. Note. And though it decides the bill of lading to be non-negotiable, it holds that the assignee of the bill, properly indorsed, vests the property prima facie in the indorsee.-Red. on Car., etc., Sec. 249. “But as a bill of lading is quasi a negotiable instrument, if negotiated, it is binding upon the ship owner."--Howard vs. Tucker, 1 B. & Ad., p. 512; Cox vs. Peterson, 30 Ala., p. 608. Red. on Car., etc., Sec. 269, is confirmatory of the case, supra, 1 Cal., and this on the authority of Shaw, Ch. J., Mass., in the case of Shaw vs. Gardner, 12 Gray, p. 488, where the cases are carefully reviewed and the proposition sustained that the indorse!rent of the bill of lading only transfers the title to the goods and not the right of action in the name of the shipper for injury during voyage.--Story on Cont., Sec. 810, and Note 3. Whatever doubts existed on this subject are settled by the text.


2128. When a bill of lading is made to “bearer,' or in equivalent terms, a simple transfer thereof, by delivery, conveys the same title as an indorsement.

NOTE. - See note preceding. “ The transfer by indorsement and delivery of the bill of lading passes to the indorsee all vested as well as contingent rights of action, even though the goods are not, at the time of the indorsement, still at sea."-Red. on Car., etc., Sec. 256; Short vs. Simpson, Law Rep., 1 P. C., p. 248; S. C., 12 Jur. (N. S.), p. 258. The negotiability of a bill of lading is “quasi.—Pars. Merc. Law, p. 138. Goods at sea may be conveyed to the buyer by the delivery of the bill of lading, or assignment, if so intended.-Story on Cont., Sec. 810, Note 3, and cases there cited.

Effect of 2129. A bill of lading does not alter the rights or bill of lading on obligations of the carrier, as defined in this Chapter, rights, etc., of carrier. unless it is plainly inconsistent therewith.

NOTE.-A general rule, which requires no authority to support it; of which, however, there is an abundance. Upon the question of how far a “common

carrier" (Chap. V of this Title, post) may be relieved
(if at all) from the obligations which the law imposes
on him in the conduct of his business, a somewhat
proximate subject to that of the text, see the notes to
Secs. 2168, 2174, post, and the rather important and thor-
oughly discussed case of Hooper vs. Wells, Fargo &
Co., 27 Cal., p. 11. This section is confined to its
application to this Chapter, and to a bill of lading-not
to special contracts and common carriers.

2130. A carrier must subscribe and deliver to the Bills of consignor, on demand, any reasonable number of bills be given to

consignor, of lading, of the same tenor, expressing truly the original contract for carriage; and if he refuses to do so, the consignor may take the freight from him, and recover from him, besides, all damage thereby occasioned.

Note.-Bills of lading are usually signed in sets of three. One is held by the master, one retained by the consignor, and one sent either with the goods or by a separate conveyance to the consignee.-Book I, Chap. 7, pp. 140, 141, 1 Pars. Mart. Law. The number fixed by the text and the penalty for non-compliance is just, and is of no consequence so far as labor to the

carrier is concerned. 2131. A carrier is exonerated from liability for Carrier

exonerated freight by delivery thereof, in good faith, to any holder huis

delivery of a bill of lading therefor, properly indorsed, or made according in favor of the bearer.


to bill of

NOTE.-This is a necessary result of Sec. 2127.


2132. When a carrier has given a bill of lading, Carrior or other instrument substantially equivalent thereto, demand he may require its surrender, or a reasonable indem- of bill of nity against claims thereon, before delivering the delivery. freight.

NOTE.--Howard vs. Sheppard, 9 C. B., p. 297.




SECTION 2136. When freightage is to be paid.

2137. Consignor, when liable for freightage. 3—Vol. ii.

SECTION 2138. Consignee, when liable.

2139. Natural increase of freight.
2140. Apportionment by contract.
2141. Same.
2142. Apportionment according to distance.
2143. Freight carried further than agreed, etc.
2144. Carrier's lien for freightage.

When freightage is to be paid.

2136. A carrier may require his freightage to be paid upon his receiving the fieight; but if he does not demand it then, he cannot until he is ready to deliver the freight to the consignee.

NOTE.-See Wyld vs. Pickford, 8 M. & W., pp. 413, 458. “The carrier is entitled to demand his pay in advance; but if no such condition is insisted upon at the time of the delivery of the goods, the owner is not obliged to tender the freight, nor in an action is it necessary to allege more than a willingness and readiness to pay a reasonable compensation to the carrier." Bretherton vs. Wood, 3 Brod. & B., S. C., 9 Price, p. 408; Red. on Car., etc., Sec. 133. In general the last carrier may detain the goods till all charges are paid. Id., p. 282.

Consignor, when liable for freightage.

2137. The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor.

NOTE.- Provides simply that a special agreement may relieve from the effects of the ordinary rule, which is properly permissible.-See Sees. 398, 399, Angell on Carriers.

Consignee, when liablo.

2138. The consignee of freight is liable for the freightage, if he accepts the freight with notice of the intention of the consignor that he should pay it.

NOTE.-Merrick vs. Gordon, 20 N. Y., p. 93; Sec. 399, Angell on Car. Courts are guided by the intention of the parties as collected from the words and subject matter of their agreement.-Smith Merc. Law, p. 299, and other cases in note to above section cited. Consignee to pay for (1 Pars. Mart. Law, p. 149; Christy

vs. Row, 1 Taunt., p. 300; Ritchie vs. Atkinson, 10
East, p. 295) what, and under what circumstances.

2139. No freightage can be charged upon the Natural natural increase of freight.

of freight. NOTE.-" Where what is shipped increases on the voyage, it has been held that freight (or, as it is termed in this Code, freightage) is due only on what is shipped.”—1 Pars. Mart. Law, pp. 149, 150. In Gibson vs. Sturge, 10 Exch., p. 622; 29 Eng. L. and Eq., p. 400, the Court held that freight was payable for the quantity shipped, and not that delivered.


2140. If freightage is apportioned by a bill of Aprortion

ment by lading or other contract made between a consignor contract. and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers.

NOTE.-1 Pars. Mart. Law, p. 149. 2141. If a part of the freight is accepted by a Same. consignee, without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract.

NOTE.-1 Pars. Mart. Law, pp. 149, 150. 2142. If a consignee voluntarily receives freight Apportionat a place short of the one appointed for delivery, the according

to distance. carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the full freightage. If he does not thus offer completion, and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage.

NOTE.—“Entitled to freightage in proportion to distance."-Ang. on Car., Sec. 404; Kinsman vs. N. Y. Mutual Ins. Co., 5 Bosw., p. 460. “ Carrier entitled to full freightage if ready, willing, and offers to complete it.”-Violett vs. Stettinius, 5 Cranch C. C., p. 559. “If carrier does not so offer, and consignee receives it from necessity, carrier is entitled to no freightage."-Ang. on Car., Sec. 407.

Freight 2143. If freight is carried further, or more expecarried further

ditiously, than was agreed upon by the parties, the than agreed, etc. carrier is not entitled to additional compensation, and

cannot refuse to deliver it, on the demand of the consignee, at the place and time of its arrival.

NOTE.-A rule so manifestly just as to require no

reference to authorities to support it. Carrier's 2144. A carrier has a lien for freightage, which is lien for freightage. regulated by the Title on Liens.

NOTE.–Foundation of the lien is the obligation of carriers to receive all goods for transportation when offered, and in justice they are authorized to retain the freight till the freightage is paid.-Ang. on Car., Sec. 356; Jones on Car., p. 99; Story on Bailm., Sec. 588; see Div. III, Part IV, Title XIV, post.



SECTION 2148. Jettison and general average, what.

2149. Order of jettison.
2150. By whom made.
2151. Loss, how borne.
2152. General average loss, how adjusted.
2153. Values, how ascertained.
2154. Things stowed on deck.
2155. Application of the foregoing rules.

and general

2148. A carrier by water may, when in case of extreme peril it is necessary for the safety of the ship or cargo, throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the ship. Throwing property overboard for such purpose is called jettison, and the loss incurred thereby is called a general average loss.

NOTE.-Lawrence vs. Minturn, 17 How. U. S., p. 100; Ang. on Car., Secs. 217-219; 1 l'ars. Mart. Law, p. 286. “The law of general average rests upon reasons which are so obvious and so certainly just that it is not surprising to find that it is older than any other law or rule now in force. It was found in the Code of Rhodes,

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