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ARTICLE III.

BILL OF LADING. $ 2126. Bill of lading, what. $ 2127. Bill of lading negotiable. $ 2128. Same. $ 2129. Effect of bill of lading on rights, etc., of carrier. $ 2130. Bills of lading to be given to consignor.

2131. Carrier exonerated by delivery acco ing to bill of lading. 2132. Carrier may demand surrender of bill of lading before

delivery. 8 2126. Bill of lading, what. A bill of lading is an instrument in writing, signed by a carrier or his agent, describing the freight so as to identify it, stating the name of the consignor, the terms of the contract for carriage, and agree. ing or directing that the freight be delivered to the order or assigns of a specified person at a specified place. En. March 21, 1872.

Cal.Rep.Cit. 61, 416.
Issuing fictitious bill of lading: Pen. Code, sec. 577.

$ 2127. Bill of lading negotiable. All the title to the freight which the first holder of a bill of lading had when he received it, passes to every subsequent indorsee thereof in good faith and for value, in the ordinary course of business, with like effect and in like manner as in the case of a bill of exchange. En. March 21, 1872.

Cal.Rep.Cit. 61, 416; 110, 358.

$ 2128. Same. 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. En. March 21, 1872.

Cal.Rep.Cit. 61, 416.

$ 2129. Effect of bill of lading on rights, etc., of carrier. A bill of lading does not alter the rights or obligations of the carrier, as defined in this chapter, unless it is plainly inconsistent therewith. En. March 21, 1872.

Cal.Rep.Cit. 61, 416.

$ 2130. Bills of lading to be given to consignor. A carrier must subscribe and deliver to the consignor, on demand, any reasonable number of bills 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. En. March 21, 1872.

Cal.Rep.Cit. 61, 416.

Duplicate receipts must be marked “duplicate": Pen. Code, sec. 580.

8 2131. Carrier exonerated by delivery according to bill of lading. A carrier is exonerated from liability for freight by delivery thereof, in good faith, to any holder of a bill of lading therefor, properly indorsed, or made in favor of the bearer. En. March 21, 1872.

Cal.Rep.Cit. 61, 416; 110, 357.
See ante, sec. 2128.

8 2132. Carrier may demand surrender of bill of lading before delivery. When a carrier has given a bill of lading, or other instrument substantially equivalent thereto, he may require its surrender, or a reasonable indemnity against claims thereon, before delivering the freight. En. March 21, 1872.

Cal.Rep.Cit. 61, 416.

ARTICLE IV.

FREIGHTAGE. $ 2136. When freightage is to be paid. $ 2137. Con gnor, when liable for freightage. § 2138. Consignee, when liable. $ 2139. Natural increase of freight. $ 2140. Apportionment by contract.

2111. Same. § 2142. Apportionment according to distance. $ 2113 Freight carried further than agreed, etc. $ 2144.

Carrier's lien for freightage. 8 2136. When freightage is to be paid. A carrier may require his freightage to be paid upon his receiving the freight; but if he does not demand it then, he cannot until he is ready to deliver the freight to the consignee. En. March 21, 1872.

Freightage defined: Ante, sec. 2110.
Freight defined: Ante, sec. 2110.

$ 2137. Consignor, when liable for freightage. The consi vor 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. En. March 21, 1872.

$ 2138. Consignee, when liable. 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. En. March 21, 1872.

$ 2139. Natural increase of freight. No freightage can be charged upon the natural increase of freight. En. March 21, 1872.

$ 2140. Apportionment by contract. If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers. En. March 21, 1872.

$ 2141. Same. If a part of the freight is accepted by a 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. En. March 21, 1872.

$ 2142. Apportionment according to distance. If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offer 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. En. March 21, 1872.

$ 2143. Freight carried further than agreed, etc. If freight is carried further, or more expeditiously, than was agreed upon by the parties, the 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. En. March 21, 1872.

8 2144. Carrier's lien for freightage. A carrier has a lien for freightage, which is regulated by the title on liens. En. March 21, 1872.

Liens generally: See post, secs. 2872 et seq.
Lien on passenger's luggage: Post, sec. 2191.

ARTICLE V.

GENERAL AVERAGE.

$ 2148. Jettison and general average, what.
$ 2149. Order of jettison.
$ 2150. By whom made.
$ 2151. Loss, how borne.
8 2152. General average loss, how adjusted.
8 2153. Values, how ascertained.
8 2154. Things stowed on deck.
$ 2155. Application of the foregoing rules.

$ 2148. Jettison and general average, what. 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 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. En. March 21, 1872.

$ 2149. Order of jettison. A jettison must begin with the most bulky and least valuable articles, so far as possible. En. March 21, 1872.

$ 2150. By whom made. A jettison can be made only by authority of the master of the ship, except in case of his disability, or of an overruling necessity, when it may be made by any other person. En. March 21, 1872.

$ 2151. Loss, how borne. The loss incurred by a jettison, when lawfully made, must be borne in due proportion by all that part of the ship, appurtenances, freightage, and cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed. En. March 21, 1872.

§ 2152. General average loss, how adjusted. The proportions in which general average loss is to be borne must be ascertained by an adjustment, in which the owner

of each separate interest is to be charged with such proportion of the value of the thing lost as the value of his part of the property affected bears to the value of the whole. But an adjustment made at the end of the voyage, if valid there, is valid everywhere. En. March 21, 1872.

$ 2153. Values, how ascertained. In estimating values for the purpose of a general average, the ship and appurtenances must be valued as at the end of the voyage, the freightage at one half the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount made good by contribution. En. March 21, 1872.

$ 2154. Things stowed on deck. The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only in case it is usual to stow such things on deck upon such a voyage. En. March 21, 1872.

$ 2155. Application of the foregoing rules. The rules herein stated concerning jettison are equally applicable to every other voluntary sacrifice of property on a ship, or expense necessarily incurred, for the preservation of the ship and cargo from extraordinary perils. En. March 21, 1872.

CHAPTER IV.

CARRIAGE OF MESSAGES. $ 2161. Obligations of carrier of messages. § 2162.

Degree of care and diligence required. $ 2161. Obligations of carrier of messages. A carrier of messages for reward, other than by telegraph, must deliver them at the place to which they are addressed, or to the person for whom they are intended. Such carrier, by telegraph, must deliver them at such place and to such person, provided the place of address, or the person for whom they are intended, is within a distance of two miles from the main office of the carrier in the city or town to which the messages are transmitted, and the carrier is not required, in making the delivery, to pay on his route toll or ferriage, but for any distance beyond one mile from such

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