Transfer or indicated. pledged the negotiable bill representing such goods, continues in possession of the negotiable bill, the subsequent negotiation thereof by that person under any sale, pledge or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation. SEC. 40. Where goods are shipped by the consignor in acretention, how cordance with a contract or order for their purchase, the form in which the bill is taken by the consignor shall indicate the transfer or retention of the property or right to the possession of the goods as follows: Where seller er and trans mits draft (a) Where by the bill the goods are deliverable to the buyer or to his agent, or to the order of the buyer or of his agent, the consignor thereby transfers the property in the goods to the buyer; (b) Where by the bill the goods are deliverable to the seller or to his agent, or to the order of the seller or of his agent, the seller thereby reserves the property in the goods. But if, except for the form of the bill, the property would have passed to the buyer on shipment of the goods, the seller's property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract; (c) Where by the bill the goods are deliverable to the order of the buyer or of his agent, but possession of the bill is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods, as against the buyer; (d) Where the seller draws on the buyer for the price and transmits the draft and bill together to the buyer to secure acceptance or payment of the draft, the buyer is bound to return the bill if he does not honor the draft, and if he wrongfully retains the bill he acquires no added right thereby. If, however, the bill provides that the goods are deliverable to the buyer, or to the order of the buyer, or is indorsed in blank or to the buyer by the consignee named therein, one who purchases in good faith, for value, the bill or goods from the buyer, shall obtain the title to the goods, although the draft has not been honored, if such purchaser has received delivery of the bill indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful. SEC. 41. Where the seller of goods draws on the buyer for draws on buy the price of the goods and transmits the draft and a bill of lading for the goods either directly to the buyer or through a bank or other agency, unless a different intention on the part of the seller appears, the buyer and all other parties interested shall be justified in assuming: and bill of lading. (a) If the draft is by its terms or legal effect payable on demand or presentation or at sight, or not more than three days thereafter (whether such three days be termed days of grace or not), that the seller intended to require payment of the draft before the buyer should be entitled to receive or retain the bill; . (b) If the draft is by its terms payable on time, extending beyond three days after demand, presentation or sight (whether such three days be termed days of grace or not), that the seller intended to require acceptance, but not payment of the draft before the buyer should be entitled to receive or retain the bill. The provisions of this section are applicable whether by the terms of the bill the goods are consigned to the seller, or to his order, or to the buyer, or to his order, or to a third person or to his order. not to de SEC. 42. Where a negotiable bill has been issued for goods, Seller's lien no seller's lien or right of stoppage in transitu shall defeat feat rights the rights of any purchaser for value in good faith to whom of purchaser. such bill has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier who issued such bill of the seller's claim to a lien or right of stoppage in transitu. Nor shall the carrier be obliged to deliver or justified in delivering the goods to an unpaid seller unless such bill is first surrendered for cancellation. mortgagee or SEC. 43. Except as provided in section forty-two nothing Rights, etc., of in this act shall limit the rights and remedies of a mortgagee lienholder. or lienholder whose mortgage or lien on goods would be valid, apart from this act, as against one who for value and in good faith purchased from the owner, immediately prior to the time of their delivery to the carrier, the goods which are subject to the mortgage or lien and obtained possession of them. issue of. SEC. 44. Any officer, agent or servant of a carrier, who Bill, unlawful with intent to defraud issues or aids in issuing a bill knowing that all or any part of the goods for which such bill is issued have not been received by such carrier, or by an agent of such carrier or by a connecting carrier, or are not under the carrier's control at the time of issuing such bill, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. ments. SEC. 45. Any officer, agent or servant of a carrier, who False statewith intent to defraud issues or aids in issuing a bill for goods knowing that it contains any false statement, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. additional SEC. 46. Any officer, agent, or servant of a carrier, who Duplicate or with intent to defraud issues or aids in issuing a duplicate bills. or additional negotiable bill for goods in violation of the provisions of section seven, knowing that a former negotiable bill for the same goods or any part of them is outstanding and uncancelled shall be guilty of a crime, and upon convic Want of title by shipper. Certain nego tiation unlawful. Securing bill by misrepresentation. Non-negotiable bills. Rules of law and equity governing. Act, how construed. Terms defined. tion shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. SEC. 47. Any person who ships goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable bill which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. SEC. 48. Any person who with intent to deceive negotiates or transfers for value a bill knowing that any or all of the goods which by the terms of such bill appear to have been received for transportation by the carrier which issued the bill, are not in the possession or control of such carrier, or of a connecting carrier, without disclosing this fact, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. SEC. 49. Any person who with intent to defraud secures the issue by a carrier of a bill, knowing that at the time of such issue any or all of the goods described in such bill as received for transportation have not been received by such carrier, or an agent of such carrier or a connecting carrier, or are not under the carrier's control, by inducing an officer, agent or servant of such carrier falsely to believe that such goods have been received by such carrier, or are under its control, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. SEC. 50. Any person who with intent to defraud issues or aids in issuing a non-negotiable bill without the words "not negotiable" placed plainly upon the face thereof, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. SEC. 51. In any case not provided for in this act, the rules of law and equity including the law merchant, and in particular the rules relating to the law of principle [principal] and agent, executors, administrators and trustees, and to the effect of fraud, misrepresentation, duress or coercion, accident, mistake, bankruptcy, or other invalidating cause, shall govern. SEC. 52. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. SEC. 53. (1) In this act, unless the context or subject matter otherwise requires: "Action" includes counter-claim, set-off, and suit in equity. "Bill" means bill of lading. "Consignee" means the person named in the bill as the person to whom delivery of the goods is to be made. "Consignor" means the person named in the bill as the person from whom the goods have been received for shipment. "Goods" means merchandise or chattels in course of transportation, or which have been or are about to be transported. "Holder" of a bill means a person who has both actual possession of such bill and a right of property therein. "Order" means an order by indorsement on the bill. "Owner" does not include mortgagee or pledgee. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. To "purchase" includes to take as mortgagee and to take as pledgee. "Purchaser" includes mortgagee and pledgee. "Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a bill is taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith," within the meaning of this act, when it is in fact done honestly, whether it be done negligently or not. SEC. 54. The provisions of this act do not apply to bills made and delivered prior to the taking effect thereof. Nothing herein contained shall be construed to prohibit express companies from using the customary receipts employed by them in the ordinary transaction of their business. SEC. 55. All acts or parts of acts inconsistent with this act are hereby repealed. SEC. 56. This act may be cited as the Uniform Bills of Lading Act. Approved April 25, 1911. [No. 166.] AN ACT to provide that all bituminous coal purchased for and used in all State penal, reformatory, charitable and educational institutions of this State, be the product of the coal mines of this State. The People of the State of Michigan enact: used in State SECTION 1. No bituminous coal, except that produced by Coal to be the coal mines of Michigan, shall hereafter be purchased for, institutions. or used in any State penal, reformatory, charitable or educational institution of this State: Provided, however, That if Proviso, price. it is shown conclusively to said board that the price demanded for such Michigan mined bituminous coal based upon. Sealed bids. Notice, what to specify, etc. the heat units is in excess of that at which bituminous coal mined without this State can be purchased, the adaptability to conditions of the plant in which its use is considered being taken into consideration, such board shall be permitted to contract for such bituminous coal mined without this State, but no such contract shall be for a longer period than one year. SEC. 2. Every board of control, board of trustees or managers, superintendent, overseer, representative or agent of any penal, reformatory, charitable or educational institution of this State charged with the right, power, authority and duty to purchase bituminous coal for such institution, shall before making any such purchase solicit sealed bids for the coal to be purchased by causing a notice to be published each day, for at least ten days in daily newspapers of general circulation published in each of the following cities, viz.: one in Detroit, one in Saginaw, one in Bay City, and one in the county where the institution is located. If there is not a daily newspaper published in such county, then such notice shall be published for one week in a weekly newspaper of that county, if there be one. Such notice shall specify the kinds and quantity of bituminous coal to be purchased and the time and place of delivery and shall require each bidder to name the price of the coal at place of delivery and specify whether the coal he proposes to furnish on his bid is the product of the coal mines of this State. Such notice shall state the time and place that the bids will be opened. The board of control, board of trustees or managers, superintendent, overseer, representative or agent of such institution charged with the right, power, authority and duty to purchase such coal shall also send by mail, at least five days before the date the bids are to be opened, a copy of said published notice to each person, firm, association and corporation operating a coal mine in this State, so far as they and their post office addresses are known, to those charged with the duty of giving said notice. Only the lowest bid or bids for Proviso, cur- Michigan coal shall be accepted: Provided, however, That no bid shall be accepted that is in excess of the then current prices of coal covered by and included in such bid: Provided further, That if no bid is received that is not in excess of the then current prices of the coal covered by and included in such bids, then coal which is the product of the mines of Michigan or of mines elsewhere located may be purchased for such institution on the best terms and for the best prices that can be obtained therefor without readvertising for bids: Provided further, That where some unforeseen emergency or exigency shall arise where coal is needed for the immediate use of such institution and there is not sufficient time to solicit bids as above provided, then coal produced in Michigan or elsewhere, necessary to fill such immediate demands and for use until coal can be procured on bids solicited as hereinbefore specified, may be purchased without soliciting Notice sent by mail. rent prices. Further proviso. Further proviso, emergencies. |