§ 535. The bill must have been ob- § 536. Right of stoppage is not defeated where the transfer is fraudulent, § 537. Transferree's knowledge of the vendee's insolvency, or that the § 538. The consideration for the trans- fer-what bill-holders may defeat § 539. The same. Antecedent debts. § 540, 541. The same. Contempora- § 542. The same. Transfer as collate- THE UNIFORM BILL OF LADING-ITS GROWTH AND ADOPTION. § 549. The growth of the uniform bill. | § 552. The benefits resulting from a form bill. § 553. Form of the uniform bill. § 1. A BILL of lading is a written acknowledgment by a carrier of the receipt of certain goods and an agreement for a consideration to transport and to deliver the same at a specified place to a person therein named or to his order. It is, during the transportation, the representative of the goods, and by its assignment, or indorsement and delivery, title to the goods may The instrument has been judicially defined. Mr. Justice Clifford says, in "The Delaware," that a bill of lading is In Cope v. Cordova, Mr. Justice Rogers says that a bill of lad- 14 Wallace, 579. 21 Rawle (Pa.), 202. Hewitt,' says: "A bill of lading is the contract of the master of a vessel to deliver the property to the person to whom the consignor or shippers shall order the delivery." The Indian Stamp Act 1, of 1879, § 3, cl. 3, thus defines a bill of lading: "Bill of lading means any instrument signed by the owner of a vessel or his agent, acknowledging the receipt. of goods therein described and undertaking to deliver the same at a place and to a person therein mentioned or indicated." § 2. From the definition it is clear that an account for freight, usually called a freight bill, is not a bill of lading; nor is a way bill since it is altogether ex parte and is not a contract; nor is a dray ticket; nor is a paper, signed only by the consignor, stating the shipment and entrusted to the master of the vessel." 3. Bills of lading were originally of two kinds: those issued for the transportation of goods by water, and those issued for the transportation of goods by land. The former are termed "bills of lading" generally or "foreign bills," while to the latter the term "inland bills" is often applied. Since the development of transportation, however, a bill is now frequently issued to cover both water and rail carriage. A "clean" bill of lading is one issued for the transportation of goods by water, which is silent as to the mode of stowing the goods. A "clean" bill imports that the goods are to be safely and properly stowed under deck." § 4. The instrument ordinarily contains the name of the place and the date of the shipment; a description of the kind, 1 quantity, quality, and condition of the goods; the names of the shipper, transporter, and person to whom the goods are sent; the name of the place of destination and, generally, the terms upon which the transportation is to be made. Accuracy in stating the place and date of shipment, the place of delivery, and the person to whom the goods are to be delivered, and the premium to be paid for transportation, is desirable in a bill of lading to prevent dispute and misunderstanding. For a similar reason a clear statement of the nature, value, quantity and quality of the goods shipped is necessary. So needful is this regarded that some of the States' have taken legislative action compelling the insertion of such a description of the goods. § 5. The original parties to the bill are three in number: the shipper or consignor, who presents the goods for transportation; the consignee or he to whom, or to whose order, the goods are to be delivered and the carrier or he to whom the goods are entrusted for transportation and delivery. The bill must be signed by or on behalf of the party undertaking the carriage, but need not be, and generally is not, signed by the party shipping. The mere acceptance of the bill by the latter is in most States, evidence of an agreement to its terms. § 6. The bill of lading may be issued by an individual or a corporation, for transportation to be made without or with compensation. There is a fundamental difference between gratuitous carriers and carriers for hire as to the degree of their responsibility. The former are compelled only to exercise such care and diligence in regard to the goods transported as are bestowed by an ordinarily careful man in the management of his own business and property. The latter, known as common carriers are, as we shall see, subject to more serious obligations. It is upon bills issued by common carriers that the questions. hereafter to be discussed have generally arisen. 7. Common carriers are individuals or corporations who undertake for hire to transport from place to place the goods of all such persons as choose to employ them. 1 Maine, Massachusetts, and other States. See Maine St. of 1821, C. 14 Rev. Sts. 1850, C. 35: Mass. St. 1818, |