Gambar halaman
PDF
ePub

ries only for one or more particular individuals, comes not under the carrier laws, nor does an owner who lets the tonnage to particular shippers. If the owners charter a vessel to certain persons for a voyage at a specified freight, they are common carriers, unless the terms of the charterparty relieve them.

Carriers are responsible for the acts of all persons in their employ: the act of the agent or servant is deemed to be the act of the principal and master. Injuries done to the goods by strangers must be made up by the carrier. He is liable for accidental fires, thefts, robberies: the goods must be delivered as directed, in the same good order in which they were intrusted to him.

The common carrier must receive all such goods as are offered for the place to which he carries, from anybody willing to pay the regular or a reasonable freight-charge: proof of readiness and willingness to pay is enough, though it might be advisable to tender the charges if a suit is intended. The carrier may refuse if he is full, or the goods are dangerous to be carried, or until he is ready to receive them, or if they are goods it is not his custom to carry, or for a good reason. When he takes freight, he must deliver it in a reasonable time; his ship should be seaworthy, and properly furnished and manned, and he must proceed. to the port advertised or otherwise agreed on.

A carrier is not liable for loss by a river or canal freezing up, during his voyage, unless he neglected to use due diligence; nor for the leakage of a ship strained in a storm, nor for losses from collision of his ship with another, unless he was negligent; but for losses by theft and robbery, and for all felonies except piracy, he is liable.

The carrier is liable for goods the moment they are delivered to him; any delivery, in which he specially accepts the goods, binds him; acceptance is frequently implied and binding from the usage of business. Where a carrier receives his freight, even at the shipper's warehouse or that of his agent, and takes it in charge, if that be the usage, it binds him.

He is not liable for goods left in the yard of an inn, where several carriers put up, and not actually delivered to him. For goods delivered at a wharf to some unknown person, of which the wharfinger had no knowledge, he is held not liable.

When goods have reached the destined place, they must be delivered to the proper person, or deposited in the proper place, and the consignee, or one entitled to receive them, duly notified. If he accepts the delivery, the carrier is no longer liable. In some instances the local usage, or the custom of particular carrying-trades, in the absence of express directions from the shippers, regulates the delivery; but if there is a special contract, it must be fulfilled.

If the carrier of a line from Boston to New York takes goods to be forwarded to Philadelphia by a particular conveyance, his liability ceases, as carrier, when they are safely deposited at New York, and ready for such next conveyance; but if he takes goods to forward to places beyond the extent of his own line, he is answerable as carrier to the place of final destination.

A carrier is answerable for losses from deposites or storage of goods on the route; but if goods are left in his possession beyond a reasonable time, he is only bound to take ordinary care. If he delivers goods under a mistake of his own, or of fraud on the part of others (other than the owners or shippers), he must make good the value to the owner.

No contract, no public or personal notice, will exempt the carrier of goods from losses caused by his or his agents' neglect or fraud; but any notice of the carrier (if the shipper can be proved to have read it or known of its existence, and not otherwise) that he will not take goods of great value, or that he will not pay more than a specified sum unless specially informed of such value and paid in proportion to the risk, is good. An ambiguous notice will be construed against the carrier. Notices at each end of a route will not bind those who ship goods at intermediate places, unless specially made known to them. A personal notice to the principal is binding on all his agents who may forward by the same line. A carrier can not, by any transfer of the goods to another carrier, exempt himself: if he forward in another mode than that understood, he will be liable, in cases where his notice would have otherwise protected him.

If the owner of goods mislead the carrier as to their value, or make false statements calculated to lessen his vigilance, it is a fraud upon him.

Where there is no notice, or special contract of limitation, it is enough for the owner to show the carrier's undertaking the carriage of his goods, and a non-delivery. The carrier must show why he did not deliver; but when there is a notice, the owner must show a want of ordinary prudence in the carrier. A valid seizure of goods because of an illegal act of the owner, will excuse a non-delivery; but the seizure must be valid, or the carrier will be liable. The carrier has legal power sufficient to put any claimant to the proof as to his title to take the goods; if he neglect to use that power, he is liable. In case of stolen goods, the carrier must deliver them to the owner on demand.

When goods are sent by water, and it becomes necessary to throw a part overboard, thereby to save the rest, the loss is to be general. When one shipper's goods are thus destroyed, and those of others saved, the loser may demand a contribution from all the others, and from the ship-owners, and the party entitled to freight, in such equitable amount as will subject him only to his fair proportion of the loss according to the value of goods he had shipped. Land-carriers, when inevitable perils oblige them to incur unusual charges, may demand payment by an equitable contribution.

The carrier has a right to demand payment when he receives the goods; he may refuse to take them if not so paid; but if he take them, to be paid at the end of the route, he may retain them till paid, on his arrival there. He may waive this lien by agreement, in which case his charges become a simple debt. As a general rule the consignor is bound for the freight; but the consignee, if he engage to pay, is also. Nautical usages have often become, by the decisions of courts, positive law. Different states have passed local laws to regulate their navigation: if a carrier break any of these rules to the loss of a shipper, he is liable.

In the states of New York and Ohio, special notices and special contracts, by common carriers, are held to be against the policy of the law, and therefore utterly void. The courts also hold that the notice that "all baggage is at the risk of the owner," is a nullity; but the carrier may require the shipper to disclose the nature and value of the property, or make a special acceptance.

Warehouse-men, wharfingers, and private carriers, are

only bound to use ordinary care and diligence, and are liable but for gross negligence or bad faith.

Common carriers are bound to carry passengers safely and properly to their place of destination; to use the utmost skill, care, and diligence; and are responsible for the least neglect. If an accident happen, it falls to the carrier to show that it was not his fault. All who seek a passage are to be treated with impartiality, but must pay in advance if required and submit to reasonable rules for the general convenience and comfort. Persons of coarse, rude conduct, or suspicious or notorious bad character, may be refused.

The conveyance must be suitable for the passage, having skillful, prudent, faithful conductors and servants. If by water, the vessel must be seaworthy, with a competent crew. His baggage must be duly delivered to the passenger, or the carrier must keep it for him a reasonable time.

In case of a coachman, if he be rash, careless, races violently, or by want of caution runs foul of anything, and an accident happen, the proprietors are liable. The baggage he may detain for unpaid fare.

Special Laws of the Different States of the Union.

SPECIAL LAWS OF ALABAMA.

Arrest. There is no imprisonment for debt. Assignments.--Preferences are not allowed, all the assets are distributed equally.

Chattel Mortgages are void as against creditors and purchasers without notice unless recorded in the county where the mortgagor resides, and also in the county where the property is, if it is in a different county. If the property is removed into another county, the mortgage must be recorded in that county within six months.

Descent and Distribution of Property.-Real and personal property descends as follows: 1st, to the children of the intestate, or their descendants by race or family in equal parts; if there is no child, or one child, the widow takes one-half the personal property; if more than one and not more than four children, she takes a child's part; if more than four children, she takes a fifth; 2d, if there are no children or their children, the estate descends to the brothers and sisters and their descendants in equal parts; 3d, if there are no children, or brothers or sisters, etc., the estate goes to the father if living; if not, then to the mother.

Divorce. Either absolute or partial, for the following causes: (1) Impotency; (2) adultery; (3) voluntary abaudonment for two years; (4) imprisonment for two years; (5) commission of the crime against Nature before or after marriage; (6) habitual drunkenness of the husband, if unknown to the wife at the time of marriage; (7) pregnancy at the time of the marriage if without the husband's knowledge or agency; (8) actual violence to the wife, by the

« SebelumnyaLanjutkan »