As against the consignee, the bill of lading is not conclusive as to the quantity of goods received, though of great weight; the ship may show that she delivered all the cargo she received; James v. Oil Co., 191 Fed. 827, 112 C. C. A. 341.
There are statutes in many states making it a criminal offence for any agent of a car rier to issue documents of title when the goods have not been received. Such provi sion is in the Uniform act. An act to make uniform the law of bills of lading has been passed in Illinois, Iowa, Massachusetts, Mary land, New York, Ohio, Pennsylvania, Con necticut, New Jersey, Louisiana and Alaska.
Its chief provisions make bills of lading non-negotiable or straight bills, and negotia ble or order bills. Negotiable bills must not be issued in sets. Duplicate as well as non negotiable bills must be so marked. The insertion of the name of the person to be notified does not affect the negotiability of the bill. Upon receipt of the bill, if consign or makes no objection, he and those after him are bound by its terms. Negotiable bills must be cancelled when goods are delivered, and if not the carrier is liable to a bona Aide purchaser of the bill without notice of the delivery. Such bills must bd so marked when a part is delivered. Any alteration of a bill without consent is void and the bill is enforceable according to its original tenor. In the cases of lost or destroyed bills the court may order delivery upon sufficient proof and the giving of a bond. The carrier has reasonable time to ascertain the validity of claims, but an adverse title is no defence to the consignee of a non-negotiable bill or to the holder of a negotiable bill unless enforced by legal process. The issuance of a bill, where no goods have been received by an agent whose actual or apparent authority in cludes the issuing of bills of lading, makes the carrier liahle to one who has given value in good faith relying upon the description therein of the goods. The carrier may, by
inserting the words "shipper's load and count" or such like words, indicate that the goods were loaded by the shipper and the description made by him; and if such is the case the carrier shall not be liable for dam ages caused by improper loading, non-receipt or mis-description of the goods. If goods are under negotiable bills then one cannot 'at tach or levy; the remedies are to reach the bills. The carrier has a lien for his charges, but this must be stated on the bill. Negotia tion may be by delivery or endorsement and the rights of the holder are substantially the same as the holder of a negotiable note or bill of exchange. The endorser is not a guar antor but is held to give the usual warran ties. One who holds a bill as security, and, receiving payment of the debt, transfers the bill, shall not be deemed a guarantor. The manner in which the bill is drawn may in dicate the rights of the buyer and seller. If the seller sends a bill with a sight draft at tached, the buyer is bound to honor the draft in order to secure any rights under the bill, hut if the buyer transfers it to a bona fide nolder in due course, the latter is protected. Negotiation defeats the vendor's lien in the case of an order bill. Issuing a bill, where goods have not been received, is a criminal offence. It is likewise a criminal offence for a person to ship goods to which he has no title or upon which there exists any lieu, and where one takes an order bill which he negotiates with intent to deceive. Induc ing a carrier to issue bill, when the person knows the carrier has not received the goods, is criminal. Any person who with intent to defraud issues or aids in issuing a non-ne gotiable bill, without the words "not nego tiable" placed plainly upon the face, shall be guilty of a crime. England has a similar act.