CHAPTER XXXVIII. THE UNIFORM BILL OF LADING-ITS GROWTH AND ADOPTION. The growth of the Uniform Bill, § 549. | The benefits resulting from a uniform The originators of the Uniform Bill, §§ 550, 551. bill, § 552. Form of the Uniform Bill, § 553. § 549. THE growth of the bill of lading in importance has been rapid. Its development has been varied. Each railroad, transportation company, or water carrier has from time to time adopted a form of bill of lading of its own. The character of the service performed by the various carriers gave a greater importance to some one or more limitations or conditions of the bill than that performed by others. Thus a large number of forms came into use and many difficulties, involving the carriers not only but the shippers as well, have continually arisen by reason of the variation in the forms. § 550. A number of years ago it became apparent to the large carrying companies that great good would be accomplished by the adoption of a uniform bill of lading for use throughout the United States. The work of preparing such a bill which would meet all the requirements of the various companies was begun. It was a difficult task and within the years 1889 and 1890 the result of the labor first began to be felt. In June, 1890, a circular was issued by the Chairman and Vice-Chairman of the Joint Committee of the Trunk Line and The Central Traffic Association, in which notice was given of the adoption of a uniform bill of lading by the carriers constituting these associations, to be put in force July 1, 1890. This bill was designed for use on either rail or water lines, or on lines including both rail and water service. Such a bill was regarded as necessary inasmuch as rail carriers receive much property for transportation to places accessible only by a river, lake, or ocean movement on some part of the through route. § 551. The carriers represented in the Trunk Line Association, the Central Traffic Association, the Southern Railway and Steamship Association, the Coast Steamship Association and Associated Lake and Rail Lines, united in appointing committees to serve on a permanent committee on uniform bills of lading. This permanent committee now has referred to it all questions respecting bills of lading and auxiliary forms and in the first instance recommends the action to be taken in regard thereto by the carrying companies. § 552. It need hardly be said that good will be accomplished by the universal adoption of one form of bill of lading. The shipper need not scrutinize the various and innumerable conditions at the time of each shipment in order to protect himself against the imposition of any improper condition or limitation of liability. The carrier accepting through shipments will know the terms of the contract of carriage without, in each case, being, compelled to ascertain the form used by the particular company issuing the original bill. The consignee on being informed that he is to receive a bill of lading will know what his rights thereunder are and last, but far from least, the lender of money on the faith of bills of lading will be able to make his advances upon a better security and with a well-founded confidence that the instrument contains only those terms which are ordinary and usual. § 553. It has been deemed wise to insert in the text the following copy of what is now known as THE UNIFORM BILL OF LADING. 189 from Received By the Company, the property described below, in apparent good order, except as noted (contents and condition of contents of packages unknown), marked, consigned, and destined as indicated below, which said company agrees to carry to the said destination, if on its road, or its portion of the through route, otherwise to deliver to another carrier on the route to said destination. It is mutually agreed, in consideration of the rate of freight hereinafter named, as to each carrier of all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of said property, that every service to be performed hereunder shall be subject to all the conditions, whether printed or written, herein contained, and which are hereby agreed to by the shipper and by him accepted for himself and his assigns as just and reasonable. CONDITIONS. 1. No carrier or party in possession of all or any of the property therein described, shall be liable for any loss thereof or damage thereto, by causes beyond its control; or by floods or by fire from any cause or wheresoever occurring; or by riots, strikes, or stoppage of labor; or by leakage, breakage, chafing, loss in weight, changes in weather, heat, frost, wet, or decay; or from any cause if it be necessary or is usual to carry such property upon open cars. 2. No carrier is bound to carry said property by any particular train or vessel, or in time for any particular market, or otherwise than with as reasonable despatch as its general business will permit. Every carrier shall have the right, in case of necessity, to forward said property by any railroad or route between the point of shipment and the point to which the rate is given. 3. No carrier shall be liable for loss or damage not occurring on its own road or its portion of the through route, nor after said property is ready for delivery to the next carrier or to consignee. The amount of any loss or damage for which any carrier becomes liable shall be computed at the value of the property at the place and time of shipment under this bill of lading, unless a lower value has been agreed upon or is determined by the classification upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation. Claims for loss or damage must be made in writing to the agent at point of delivery promptly after arrival of the property, and if delayed for more than thirty days after the delivery of the property, or after due time for the delivery thereof, no carrier hereunder shall be liable in any event. 4. All property shall be subject to necessary cooperage or baling at owner's cost. Each carrier over whose route cotton is to be carried hereunder shall have the privilege, at its own cost, of compressing the same for greater convenience in handling and forwarding, and shall not be held responsible for unavoidable delays in procuring such compression. Grain in bulk consigned to a point where there is an elevator may (unless otherwise expressly noted herein, and then if it is not promptly unloaded) be there delivered, and placed with other grain of same kind, without respect to ownership, and if so delivered shall be subject to a lien for elevator charges in addition to all other charges hereunder. No carrier shall be liable for differences in weights or for shrinkage of any grain or seed carried in bulk. 5. Property not removed by the person or party entitled to receive it within twenty-four hours after its arrival at destination, may be kept in the car, depot, or place of delivery of the carrier, at the sole risk of the owner of said property, or may be, at the option of the carrier, removed and otherwise stored at the owner's risk and cost, and there held subject to lien for all freight and other charges. The delivering carrier may make a reasonable charge per day for the detention of any car and for use of track after the car has been held forty-eight hours for unloading, and may add such charge to all other charges hereunder, and hold said property subject to a lien therefor. Property destined to or taken from a station at which there is no regularly appointed agent, shall be entirely at risk of owner when unloaded from cars, or until loaded into cars; and when received from or delivered on private or other sidings, shall be at owner's risk until the cars are attached to, and after they are detached from, trains. 6. No carrier hereunder will carry, or be liable in any way for, any documents, specie, or for any article of extraordinary value not specifically rated in the published classifications, unless a special agreement to do so, and a stipulated value of the articles, are indorsed hereon. 7. Every party, whether principal or agent, shipping inflammable, explosive, or dangerous goods, without previous full written disclosure to the carrier of their nature, shall be liable for all loss or damage caused thereby, and such goods may be warehoused at owner's risk and expense or destroyed without compensation. 8. Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier issuing this bill of lading shall be void. 9. If the word "order" is written hereon immediately before or after the name of the party to whose order the property is consigned, without any condition or limitation other than the name of a party to be notified of the arrival of the property, the surrender of this bill of lading properly indorsed shall be required before the delivery of the property at destination. If any other than the aforesaid form of consignment is used herein, the said property may, at the option of the carrier, be delivered without requiring the production or surrender of this bill of lading. 10. Owner or consignee shall pay freight at the rate below stated, and all other charges accruing on said property, before delivery, and according to weights as ascertained by any carrier hereunder; and if upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped, and at the rates and under the rules provided for by published classifications. 11. If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to the conditions, whether printed or written, contained in this bill of lading, including the condition that no carrier or party shall be liable for any loss or damage resulting from the perils of the lakes, sea, or other waters; or from explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery, or appurtenances; or from collision, stranding, or other accidents of navigation; or from the prolongation of the voyage. And any vessel carrying any or all of the property herein described shall have liberty to call at intermediate ports; to tow and be towed, and to assist vessels in distress, and to deviate for the purpose of saving life or property. And any carrier by water liable on account of loss of or damage to any of said property shall have the full benefit of any insurance that may have been effected upon or on account of said property. Upon all the conditions, whether printed or written, herein contained, it is mutually agreed that the rate of freight from IN CENTS PER 100 LBS. to If times, If first If second If third If fourth If fifth If sixth class. class. class. class. class. is to be And advanced charges at MARKS, CONSIGNEES and DESTINATION. DESCRIPTION OF ARTICLES. 416 Per Agent. |