LEGAL PROCEDURE. See RESTRAINT by. LEX FORI, how applicable to questions arising on bills, 99. LEX LOCI CONTRACTUS, when applicable to terms of bill, 89. LIGHTNING: loss by, is by act of God, 190. fire by, covered by exception act of God, 223. is not a peril of the sea, 274. LIMITATION: right of carriers to limit their common law liability in England, 100. the rule as laid down in the several states, 105–141. of liability to a specific amount by notice and advertisement, 142, 143. benefit of limitation to specific amount to carriers other than the one effect of limitation to specific amount where shipper is silent as to real effect of limitation to specific amount where several articles are included limitation to specific amount does not relieve from negligence, 149. of carrier's liability by secret instructions to agent, 172. effect of stipulation when claim for loss to be made within limited time, 386, 387, 388, 889, 390. claim to be made in 30 days held reasonable, 393, 394. claim to be made at a particular office, 391. LIVE STOCK: are carriers of animals common carriers? 217. effect of clause "lack of food and water" in bill, 254. effect of exception "owner's risk," 263. LOADING OR UNLOADING: effect of phrase, 255. obligation to furnish suitable means of, 256, 257, 258. stipulation as to loss does not apply to delivery to wrong person, 414. LOSS BY DETERIORATION, meaning of phrase, 279, 281, 282. LOSS BY PIRATES. See PIRATES. LOSS BY RATS. See RATS. LOSS BY ROBBERY. See ROBBERS AND THIEVES. LOSS BY VERMIN. See VERMIN. LOSS ON THE LAKES, does not include loss of goods in a wharf-boat, 274. MARKS: on packages copied in bill cannot contradict terms, 72. obligation of shipper to mark plainly, 259. effect of exception on obliteration of marks, 259. effect of receipt of goods marked to be delivered beyond carrier's own line, effect of marks on goods upon stipulations in bill, 415. need not sign as such if so described in body of bill, 176. contract of, must be within scope of his authority, 177. secret instructions to, do not bind shipper, 178. cannot sign bills for lower rate than ship-owner contracted for, 179. has no authority to sign bills for goods not received, 180, 181. what is barratry, 205. acts held to be barratrous, 206, 207, 208. obligation to protect goods after damage by collision, 214. duty to open packages in order to save damaged goods, 286. duty in regard to sale of injured goods, 287. master should communicate with owners, 288. is entitled to receive freight, 363. has no power to draw bills making freight payable to other than the owner, 363. MISDESCRIPTION: of goods in bill, 19. inducing less degree of care, 20, 21, 22. to secure lower rate of freight, 23. by the carrier, 24. MISTAKE, omission of terms of bill by, 66. MOB, fire caused by, 229. MONEY, receipt of, by master binds owner, 178. MORE OR LESS, effect of phrase, 32. MUNIMENT OF TITLE, bill of lading is muniment of title of goods, 416. NEGLIGENCE: carrier cannot limit his liability for negligence, 100-141. limitation of liability to specific sum does not relieve from, 149. act of God and negligence concurring, 194, 195. proof of happening of collision is not evidence of negligence, 215. exception by fire does not relieve from, 226. exception owner's risk does not cover loss by, 261. causing loss in connection with perils of the sea, 275. exceptions inherent defect, deterioration, decay, perishable goods, do not include loss from negligence, 283, 284, 285. effect of, on exception public enemies, 295, 296. NEGLIGENCE-(continued). the first of a series of carriers may limit liability to his own line except lien for freight lost, if goods injured by, 361. NEGOTIABILITY: bill not negotiable in ordinary sense, 438. nature of the interest for title of which bill is muniment, 439-443. statutes relating to the negotiability of bill, 441. construction of statutes relating to negotiability, 452, 453, 454. rights of holders of different parts of a bill, 455, 456, 457, 458, 459. NOTICE: limitation of liability to specific amount by, 142, 143. want of notice to carrier as to true owner does not validate the holder's OBLITERATION OF MARKS, effect of exception, 259. extent to which the phrase relieves carrier's liability, 105. meaning of the exception, 260. exception does not cover loss by negligence, 261. effect of fraud or misrepresentation, 262. effect of exception on carriage of live stock, 263, 264. construction of exception in English Courts in respect to carriage of live PACKAGE: definition of, 22. effect of limitation to specific amount where several articles are included PAROL PROOF, bill cannot be varied by, when regarded as a contract, 64. PERILS OF THE SEA: such exception does not make a ship-owner liable for loss by fire by neg- injuries to live stock covered by, 222. do not include loss by fire, 223. may include loss by jettison, 247. definition of the exception, 266, 267. effect of exception on inland navigation, 268. what are perils of the sea, 269, 270. custom affecting interpretation of the exception, 271. PERILS OF THE SEA-(continued). what are not perils of the sea, 272, 273, 274. meaning of the phrase, 280. right of carrier by land to sell, 289. duty of master to open packages, 286. duty of master in regard to sale of, 287. PIRATES: loss by pirates included in exception perils of the sea and king's enemies, 290. what are losses by, 291. are public enemies, 292. PLEDGEE: character of title by pledgee of bill, 509, 510. pledgee may maintain replevin, 511. title is paramount to right of pledgee, 512. no title passes to pledgee unless bill is delivered, 213. forwarding bill with draft attached not necessary, 514, 515. delivery to party discounting draft, 514, 515. pledgee's rights paramount to those of consignee, 516, 517. pledgee's rights paramount to those of consignee to whom consignor is indebted for value of goods, 518. agreement between consignor and consignee at shipment, 519. consignee's ignorance of pledge immaterial, 520. pledgee's title conditional, 521. pledgee's title conditional whether transaction is mortgage or pledge, 522. also where draft has been sent to agent for collection, 525, 526. pledgee is liable in damages for refusal to deliver upon consignee's accept- pledgee's right not divested by consignee's obtaining possession without nor by consignee's own delivery of goods where in trust for redemption by transfer of bill to pledgee and advance of money need not be absolutely PRIMAGE AND AVERAGE ACCUSTOMED, construction of the PRIVATEERS are public enemies, 292. PRIVILEGE OF RESHIPPING: effect of the clause, 351. in case of low water, 352. PRIZE COURTS, bill of lading is evidence of insurable interest in cargo in PROXIMATE CAUSE, when act of God is, 193. PUBLIC ENEMY: is not excluded from exception by expressed exceptions, 184. may include loss, by jettison, 247. pirates are, 292. who are public enemies, 292, 293. what are not losses under the exception, 294. exception will not avail in case of negligence, 295. QUANTITY: statement of, only prima facie evidence of amount between original carrier not bound by statement, 26, 27, 28. shipper not bound by statement, 29. consignee not bound by statement, 29. effect of statement on burden of proof, 30. QUANTITY AND QUALITY UNKNOWN, effect of phrase, 60. RAILROADS are common carriers, 7. RAINY DAYS, testimony admissible to show in what sense words were RATS: used in bill, 69. loss by, not covered by exception perils of the sea, 272. meaning of the exception, 298. not included in perils of the sea, 298. RECEIPT: bill is a receipt, 14. as a receipt may be varied by parol between original parties, 14. is receipt for goods delivered to carrier, 17, 18. for goods improperly described, 19. for specific weight or quantity only prima facie evidence as between for quantity guaranteed, 31. effect of phrase "more or less," 32. in bill containing statement of value, 33 et seq. statement of value, 33. |