CONTRACT-(continued). contract to carry beyond own line expressed or implied, 327. effect of contract to forward, 333, 334, 335, 336. carrier contracting to forward, liable to end of route, 337, 338. CUSTOM: rules for construing bill with reference to. See CoNtract. effect of, on master's authority to sign bills for goods not received, 180. parol evidence of agreement to carry on deck not admissible, 250. effecting interpretation of exception perils of the sea, 271. cannot be introduced to prove loss by rats to be considered peril of the effect of on delivery of goods, 398, 399. DAMAGE BY MACHINERY, effect of exception, 203. DAMAGES, limitation of liability to specific sum. See LIMITATION. DANGEROUS GOODS, stipulations in bill relating to, 243. DANGERS OF LAKE NAVIGATION, what included in exception, 216. DAYS, meaning of as used in bill, 80. DECK LOAD, carrier's liability for, 249. DECK STOWAGE, what is meant by, 239. DEFICIENCY IN QUANTITY, meaning of phrase, 31. of a bill of lading, 1. what are not bills of lading, 2. "clean" bill, 3. who are common carriers, 7, 10. of the word package, 22. act of God, 188, 189. barratry, 205. fire, 223. from whatever cause, 238., jetttison, 247. perils of the sea, 266, 267. ullage, 282. who are public enemies, 292. restraint of princes, 304. DELAY: and act of God concurring, 196. freezing after delay, 235. by preceding carrier, 236, 237. caused by strike, 313. by an armed mob, 314, 315. DELIVERY: stipulations relating to, 382 et seq. surrender of the bill before delivery of goods, 397. effect of custom on delivery of goods, 398, 399. delivery by vessel at wharf, 400, 401, 402, 403, 404, 405, 406. delivery by carrier on land, 410. place of delivery, 411. time of delivery, 412. acceptance by consignee, 413. person to whom delivery is to be made, 414. effect of marks on goods upon stipulations in bill, 415. delivery of bill is delivery of goods within statute of frauds, 420. when carrier need require no indorsement of bill, 495. indorsement of the bill must accompany delivery to pledgee to defeat right of stoppage, 547. DELIVERY TO CARRIER: bill not conclusive evidence of delivery, 15, 16. is prima facie evidence of such delivery, 17. effect of bill executed before reception of the goods, 18. DEMURRAGE: stipulation as to payment of in bill, 355. effect of, 355. liability for where bill contains no stipulation, 356. provision in charter party as to, 357. DESERTION OF SEAMEN, loss by, not covered by exception perils of the sea, 272. DEVIATION, and act of God concurring, 197, 198. DRAYMEN are common carriers, 9. EARTHQUAKE, loss by, is by act of God, 190. disregarding an embargo is barratrous act, 206. loss by is not covered by exception owner's risk, 261. ENDORSEMENT: shipper's assent to limitations endorsed, not presumed, 157. assent is presumed where shipper familiar with terms, 158. where bill is endorsed in blank, no title is vested until blank is filled, 480. ESCAPES, meaning of phrase, 217, 218, 219, 220, 221, 222. parol evidence admissible to explain ambiguities in bill, 69, 70. EXECUTION of bill of lading. See AGENT, Master. EXPLOSION: loss by is not by act of God, 192. fire caused by is within exception fire, 224. EXPLOSION OF BOILER, loss by not covered by exception perils of the sea, 272. EXPRESS COMP ANIES are common carriers, 8. EXPRESSIO UNIUS, ETC., meaning of phrase, 184, 185, 186, 187. FACTOR. See AGENT. FIRE: loss by, is not by act of God, 192. not included in exception act of God, except lightning, 223. under exceptions unavoidable dangers, perils of the sea, 223. what is loss by, 224. incident to other loss exception does not apply, 225. exception does not relieve from negligence, 226. coextensive with liability, 231. legislation affecting exception, 232, 233. is not included in exception perils of the sea, 272. FORWARD, effect of contract to forward, 333, 334. must follow shipper's instructions, 335. in absence of instructions must forward by usual conveyance, 336. FRAUD: cannot escape liability by calling himself forwarder only, 338. terms of bill may be avoided or modified by showing fraud in execution is the consideration paid for transportation, 12. reduced freight good consideration for diminishing carrier's common law master cannot sign bills for lower rate than ship-owner contracted for, 179. 179. receipt of full freight to point of delivery held evidence of through con- effect of clause privilege of reshipping on second carrier's lien for freight, 354. effect of stipulations in bill as to, 359. effect of clause "Freight charges paid through" on right of last carrier lien for freight lost if goods were injured by carrier's negligence, 361. goods of one shipper not liable for charges on goods of another if shipped lien for freight and charges not invalid because carrier claims more than is person to whom payable, 363. consignee not liable where bill is indorsed to other parties, 365. person by whom payable, 364, 365, 366, 367, 368. effect of clause "He (the consignee) paying freight" and similar clauses, 369. effect of clause "Delivery upon payment of freight," 370. payable upon "net weight delivered," 373. promise to pay reasonable freight implied by law, 374. right to set off damages against claim for freight, 375. for goods underclassed, 377. when due, 378, 379. specific stipulations contained in bill judicially construed, 380, 381. FREIGHT PAYABLE IN LONDON, testimony to show meaning of, in- "FREIGHT SAME AS LOWEST, TO POINTS NAMED," meaning FROM WHATEVER CAUSE: definition of, 238. synonymous with owner's risk, general release, inevitable accident, 238. extent to which phrase relieves carrier, 101. GENERAL RELEASE. See FROM WHATEVER CAUSE. GOOD CONDITION. See GOOD ORDER, etc. to hold final carrier for injury, delivery to first carrier in good condition goods shipped in good condition presumed to remain so until delivery to GOOD ORDER AND CONDITION: effect of phrase, 43. refers to external condition, 44, 45, 46. statement of condition not conclusive, 47, 48. GOOD ORDER AND CONDITION-(continued). statement is prima facie evidence of condition and puts onus on carrier to effect of promise to deliver in good condition, 50. effect of phrase "apparent good condition," 51, 52. GOODS CARRIED ON DECK AT SHIPPER'S RISK, meaning of, 239. HEAT, the result of defective stowage, 242. HEAT, SUFFOCATION, effect of exception, 241. HIGH WIND, loss by, is by act of God, 190. of bill not bound to give notice of his title, 427. bill-holder's title not validated by want of notice to carrier by true rights of holder, of different parts of bill issued in sets, 455, 456, 457, INDIANS, are public enemies, 292. INDORSEE. See PLEDgee. INDORSEMENT, transfer of bill by, 493. INEVITABLE ACCIDENT. See FROM WHATEVER CAUSE. INHERENT NATURE OF GOODS, carrier is not liable for loss the re- sult of, 279. INJURIES TO UNRULY ANIMALS. See LIVE STOCK. INJURIOUS EFFECT OF OTHER GOODS: meaning of stipulation, 243. loss by, not covered by exception perils of the sea, 272. INJURY TO PERISHABLE GOODS, meaning of phrase, 279, 281, 282. 419. INTERMEDIATE CARRIER. See CARRIER. JETTISON: effect of exception, 247. effect of negligence in case of loss hy, 248. effect of exception in respect to goods carried on deck, 250. KING'S ENEMIES. See PUBLIC ENEMY, 292. LACK OF FOOD AND WATER, meaning of exception, 254. LAW OF THE COURT, how applicable to questions arising on bills, 99. meaning of exception, 251. effect of negligence on exception, 252. |