RECEIPT-(continued). effect of qualifying clauses in bill of, quantity, quality, contents or value REPLEVIN: pledgee of bill has such property in goods as will enable him to maintain REPRESENTATION, bill cannot represent goods unless issued to true owner, 461. RESHIPPING. See PRIVILEGE OF RESHIPPING. RESTRAINT BY LEGAL PROCEDURE: necessity for such exception, 300. obligation of carrier when legal seizure is made, 301, 302, 303. RESTRAINT OF PEOPLE. RESTRAINT OF PRINCES: definition of, 304. See RESTRAINT OF PRINCES. seizure under custom laws within the exception, 305. embargo, blockade, and neutrality edicts within the exception, 306-308. synonymous with restraint of people, 310. RIOTS, STRIKES, AND Stoppages oF LABOR: meaning of the exception, 311, 312. delay caused by strike, 313. by an armed mob, 314-316. RISK OF BOATS, meaning of the exception, 317. ROADS, meaning of, when used in bills, 216. ROBBERS AND THIEVES, meaning of the exception, 319, 320. "SAID TO CONTAIN," meaning of phrase, 42. SEWING MACHINES, are not properly described as hardware, 23. SHIFTING OF A BUOY, loss by, not covered by exception perils of the SHIP, the law of, when applicable to bills of lading, 97. SHIP BROKER, authority to sign bills of lading, 182. SHIP OWNERS, are common carriers, 9. SHIPPER: effect of limitation to specific amount where shipper is silent as to real acceptance of bill by, assent to its terms, 150. should read bill before accepting it, 151. assent of shipper must be proved in Massachusetts, 152. in Illinois, 153. statutory enactment as to acceptance in Dakota, 154. rule as to assent of shipper in Georgia, Michigan, Maryland, Ohio, 155, 156. secret instructions to master do not bind shipper, 178. D SHIPPER-(continued). consent of, to deviation, 199. effect of consent to have goods carried on deck, 249. obligation to mark goods plainly, 259. not liable for freight charges on goods of another though shipped under same bill, 362. promise to pay reasonable freight implied by law, 374. right to set off damages against claim for freight, 375. where bill is issued for delivery to shipper's order, carrier bound to de- shipper's property is sufficient to enable him to maintain action for failure making goods deliverable to shipper's order prima facie evidence of inten- presumption strengthened when bill is pledged to secure draft, 485. shipment in vendee's vessel does not conclusively rebut presumption of reservation of jus disponendi question of intention, 489, 490. where consignee is consignor's factor, 491, 492. SNOW STORM, loss by, is by act of God, 190. SPECIFIC AMOUNT, limitation of liability. See LIMITATION. STATION AGENT, authority of, to contract for carriage of goods beyond line, 175. STOPPAGES OF LABOR. See RIOTS. STOPPAGE IN TRANSITU: title of pledgee in bill is paramount to right of stoppage, 512. the right not general, 532. defeated by transfer of bill for value, 533–535. not defeated where transfer is fraudulent, 536. transferee's knowledge of vendee's insolvency or that the goods were not consideration for the transfer where bill-holders may defeat the right, 538, 539, 540, 541, 542, 543. right of stoppage not defeated unless bill is transferred, 547. notice of stoppage after vendee's transfer, 548. STORM, loss by, is by act of God, 190. STOWAGE: bill construed with reference to custom as to, 85, 86, 87, 88. goods carried on deck at shipper's risk, 239. heat or fermentation result of defective stowage, 242. liability of carrier for careful and prudent stowage, 243. dangerous goods, 243. insufficientstowage, 243. STOWAGE-(continued). carrier's liability for deck load, 249. presumption is, goods must be stowed under deck, 250. effect of bill containing exception sweat or sweating, 322. SUDDEN SQUALL, loss by, is by act of God, 190. SWEAT: loss by, is peril of the sea, 322. meaning of the exception, 322. SWEATING OF THE HOLD. See SWEAT. bill of lading is symbol or representative of goods, 417. THEFT, loss by, not covered by exception perils of the sea, 272. THROUGH CARRIAGE, bill of lading not functus officio upon arrival of THROUGH CONTRACTS. See CONTRACT. TIDAL WAVE, loss by, is by act of God, 190. bill of lading is a muniment of, 416. a symbol or representative of goods, 417. is evidence of insurable interest in prize courts, 418, 419. holder of bill not bound to give notice of his title, 427. bill gives title to goods received by carrier subsequently to its issuance, 436. rule not affected by statutes prohibiting issuance of bill after receiving nature of title of which bill is muniment, 439, 440, 441, 442. bill is prima facie evidence of consignee's title, 471, 472, 473. consignee may sue without delivery of bill when consignor releases title, 477. or upon re-indorsement of bill, 478. where bill is indorsed in blank no title is vested until blank is filled, 480. making goods deliverable to vendor's agent has same effect, 484. TITLE (continued). presumption strengthened when bill pledged to secure draft, 485, 486. reservation of jus disponendi question of intention where consignee is bill transferable by indorsement and delivery, 493. title may be passed by other modes of assignment, 494. bill is means of transferring title to goods, 421. transfer of the bill passes such title as it was the intention of the parties duplicate receipts or bills must be so stamped, 443. bill is transferable by indorsement and delivery, 493. title may be passed by other modes of assignment, 494. when carrier need require no indorsement, 495. title may be transferred by delivery of bill unindorsed, 496, 497, 498, delivery must be with intent to pass property, 502, 503. transfer of bill by delivery containing no words of negotiability, 505, 506, 507. effect of transfer varies with intention, 508. right of stoppage in transitu defeated by transfer of bill for value, 533. transferree's knowledge of vendee's insolvency or that goods were not paid consideration for transfer, 538, 539, 540, 541, 542, 543. right of stoppage not defeated unless bill is transferred, 547. notice of stoppage to carrier after vendee's transfer of bill, 548. ULLAGE, is included in exceptions, inherent defect, etc., 282. VALUE-(continued). shipper not bound to state value, 35. legislation requiring statement to be made of value, 36. shipper, if asked, must state value truly, 37. shipper must not deceive as to value by manner of shipping, 38, 39, 40, 41. right of, to demand bill of lading, 422. not entitled to all existing copies, 423. may by indorsement of bill confer indefeasible title, 460. VERBAL AGREEMENT: cannot vary contractual terms of bill, 65. not merged where terms are omitted by mistake from bill, 65. VERMIN: loss by, not covered by exception perils of the sea, 272. loss by, not within exception perils of the sea, 299. VICIOUSNESS, meaning of phrase, 217, 218, 219, 220, 221, 222. WAGONS, the owners of may be common carriers, 9. WEIGHT, statement of, only prima facie evidence of amount between WEIGHT, CONTENTS AND VALUE UNKNOWN, effect of phrase, WEIGHT UNKNOWN, effect of phrase, 58. WORMS, loss by, not covered by exception perils of the sea, 272. 516 |