of freight. SEC. 2118. A carrier of property must deliver it to the Delivery consignee, at the place to which it is addressed, in the manner usual at that place. N. Y. C. C., Sec. 1103. SEC. 2119. If there is no usage to the contrary at the place of delivery, freight must be delivered as follows: 1. If carried upon a railway owned or managed by the carrier, it may be delivered at the station nearest to the place to which it is addressed. 2. If carried by sea from a foreign country, it may be delivered at the wharf where the ship moors, within a reasonable distance from the place of address; or, if there is no wharf, on board a lighter alongside the ship; or, 3. In other cases, it must be delivered to the consignee or his agent, personally, if either can, with reasonable diligence, be found. N. Y. C. C., Sec. 1104. SEC. 2120. If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give notice to the consignee of its arrival, and keep the same in safety, upon his responsibility as a carrier, until the consignee has had a reasonable time to remove it. N. Y. C. C., Sec. 1105. SEC. 2121. If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his obligation to deliver, or duly offered to fulfil the same, the carrier may exonerate himself from further liability by placing the freight in a suitable warehouse, on storage, and giving notice thereof to the consignee. N. Y. C. C., Sec. 1106. SEC. 2122. If a consignee of freight cannot, with reasonable diligence, be found, the carrier may place it in a suitable warehouse for his account, but must give notice thereof to the consignor. N. Y. C. C., Sec. 1107. ARTICLE III. Bill of lading, what, Bill of lading nego. tiable. Same. Effect of bill of lading on BILL OF LADING. SECTION 2126. Bill of lading, what. 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 according to bill of lading. 2132. Carrier may demand surrender of bill of lading before de livery. SEC. 2126. A bill of lading is an instrument in writ ing, 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 agreeing or directing that the freight be delivered to the order or assigns of a specified person at a specified place. N. Y. C. C., Sec. 1108. SEC. 2127. 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. This provision is conformable to the general intention of merchants, and it is not certain that it is not the law of this State (sce Dows vs. Greene, 24 N. Y., 638; Dows vs. Rush, 28 Barb., 185; but compare Dows vs. Perrin, 16 N. Y., 332). A provision, somewhat similar, has been enacted in England (18 & 19 Vict., Chap. 1i1); and in this State (Laws 1859, Chap. 353). N. Y. C. C., Sec. 1109. SEC. 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. N. Y. C. C., Sec. 1110. SEC. 2129. A bill of lading does not alter the rights rights, etc., or obligations of the carrier, as defined in this chapter, unless it is plainly inconsistent therewith. of carrier. Bills of lading to be given to consignor. N. Y. C. C., Sec. 1111. SEC. 2130. 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 con signor may take the freight from him, and recover from him, besides, all damage thereby occasioned. N. Y. C. C., Sec. 1112. SEC. 2131. 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. N. Y. C. C., Sec. 1113. NOTE. This is a necessary result of Sec. 2127. SEC. 2132. 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. N. Y. C. C., Sec. 1114. ARTICLE IV. FREIGHTAGE. SECTION 2136. When freightage is to be paid. 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. freightage is to be paid. SEC. 2136. A carrier may require his freightage to be when 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. N. Y. C. C., Sec. 1115. SEC. 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. N. Y. C. C., Sec. 1116. Consignor, for freight when liable age. Consignee, when liable. Natural in. crease of freight. Apportionment by contract. Same. Apportion ment according to dis. tance. Freight carried further etc. SEC. 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. N. Y. C. C., Sec. 1117. SEC. 2139. No freightage can be charged upon the natural increase of freight. N. Y. C. C., Sec. 1118. SEC. 2140. 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. N. Y. C. C., Sec. 1119. SEC. 2141. 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. N. Y. C. C., Sec. 1120. SEC. 2142. 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, 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. N. Y. C. C., Sec. 1121. SEC. 2143. If freight is carried further, or more expethan agreed, ditiously, 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. Carrier's lien for freightage. N. Y. C. C., Sec. 1122. SEC. 2144. A carrier has a lien for freightage, which is regulated by the Title on Liens. N. Y. C. C., Sec. 1123. ARTICLE V. GENERAL AVERAGE. 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. general average, what. SEC. 2148. A carrier by water may, when in case Jettison and 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. N. Y. C. C., Sec. 1124. jettison. SEC. 2149. A jettison must begin with the most bulky Order of and least valuable articles, so far as possible. N. Y. C. C., Sec. 1125. made. SEC. 2150. A jettison can be made only by authority By whom of the master of a ship, except in case of his disability, or of an overruling necessity, when it may be made by any other person. N. Y. C. C., Sec. 1126. borne. SEC. 2151. The loss incurred by a jettison, when law- Loss, how fully 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. N. Y. C. C., Sec. 1127. SEC. 2152. The proportions in which a 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 General av erage loss, how ad justed. |