BILL OF LADING. In Common Law.
The written evidence of a contract for the car riage and delivery of goods sent by sea for a certain freight. Loughborough, J., 1 H. Blackst. 359.
A memorandum or acknowledgment in writing, signed by the captain or master of a ship or other vessel, that he has received in good order on board of his ship or vessel, therein named, at the place therein mentioned, certain goods therein specified, which he pro mises to deliver in like good order (the dan gers of the- seas excepted) at the place therein appointed for the delivery of the same, to the consignee therein named, or to his assigns, he or they paying freight for the same. 1 Term, 745 ; Abbott, Shipp. 216 ; Code de Comm. art. 281.
A similar acknowledgment made by a carrier by land.
2. It should contain the name of the ship per or consignor ; the name of the consignee ; the names of the vessel and her master ; the places of shipment and destination ; the price of the freight, and, in the margin, the marks and numbers of the things shipped. Jacob sen, Sea Laws.
It is usually made in three or more original parts, one of which is sent to the consignee with the goods, one or more others are sent to him by different conveyances, one is re tained by the merchant or shipper, and one should be retained by the master. Abbott, Shipp. 217.
3. It is assignable by indorsement, and the assignee is entitled to the goods, subject to the shipper's right of stoppage in transitu in some cases, and to various liens. See LIEN; STOPPAGE IN TRANSITU. It is considered to pArtake of the character of a written con tract, and also of that of a receipt. In so far as it adinits the character, quality, or condition of the goods at the time they were received by the carrier, it is a mere receipt, and the carrier may explain or contradict it by parol ; but as respects the agreement to carry and deliver, it is a contract, and must be con strued according to its terms. 6 Mass. 422;
7 id. 297 ; 3 N. Y. 322 ; 9 id. 529 ; 25 Barb. N. Y. 16; 5 Du. N. Y. 538; 1 Abb. Adm. 209, 397.
4. Under the Admiralty Law of the United States, contracts of affreightment, entered into with the master in good faith and within the apparent scope of his authority as master, bind the .vessel to the merchandise for the performance of such contracts in respect to the property shipped on board, irrespective of the ownership of the vessel, and whether the master be the agent of the general or special owner ; but bills of lading for pro perty not shipped, and designed to be instru ments of fraud, create no lien on the interest of the general owner, although the special owner was the perpetrator of the fraud. 18 How. 182. And see 19 How. 82 ; 2 West. Law. Monthly, 456. Mr. Justice Clifford held that a vessel was liable in rem for the loss of goods caused by the explosion of the boiler of a lighter employed by the master in conveying goods to the vessel. 23 Bost. Law Rep. 277.
5. Under a bill of lading in the usual form, having no stipulation that the goods shipped are to be carried on deck, there is a contract implied that the goods shall be carried under the deck ; and parol evidence to the contrary will not be received. 14 Wend. N. Y. 26; 3 Gray, Mass. 97. But evidence of a well known and long-established usage is admis sible, and will justify the carriage of goods in that manner. Ware, Dist. Ct. 327.