BILLS OF LADING.

Q.-What is a bill of lading?

A.-A document whereby the master acknowledges the receipt of goods shipped on board.

Q.-What does the master engage to do in a bill of laden?

A. He binds himself, under certain exceptions, to deliver the goods in like good order and condition as he received them on board, to the party to whom they were addressed, upon payment of the stipulated freight.

Masters should always see that the bills of lading are worded Freight, Demurrage, and all other conditions as per charter party.

Q.-State the exceptional clauses in a bill of lading?

A.-The act of God, dangers and accidents at sea, fire, Queen's enemies, &c., the same as in a charter party.

Q. What extra clauses would you have in for a steamer? A.-" With liberty to call for coal at any intermediate port or ports; to sail with or without pilots; and to tow and assist vessels in all situations of distress."

Q.-Should bills of lading be stamped?

Q. How many bills of lading are usually signed by the master?

A. In general, for foreign going ships, three bills of lading of the same tenor and contents are made out and signed by the master.

NOTE.-In England three bills of lading are required, each having a sixpenny stamp before being signed, under a penalty of £50.

Q.-How do you know when you have signed a complete set of bills of lading?

A. By the number being specified in the bills of lading. If three formed a set, they would run thus: the master has signed three bills of lading, &c., and so on.

Q.-State what is done with these bills of lading?

A.-One is sent to the consignee by the shipper of the goods; another is retained by the shipper; and the third is retained by the master, and accompanies the goods as his guide in delivering them.

NOTE.-At Cronstadt and some other places the master must have two bills of lading.

Q.-When ought bills of lading to be signed, and what precaution should be taken with respect to the mate's receipt before signing them?

A. Within twenty-four hours of the goods being actually shipped; the mate's receipts being produced and the master having satisfied himself as to the quantity shipped, and the condition in which they have been so shipped.

In loading a general cargo, two cargo books are kept, and after each day it is delivered to the broker, and the captain signs for what the mate bas put in the cargo book the preceding day, while the other cargo book is being filled up.

Q.-Who is the last person to sign the bill of lading, and how does he sign it?

A. The master is the last person to sign the bill of lading, and he signs across the stamp with the date.

Q.-There being so many bills of lading is there not a risk of having two or more presented to you at your port of discharge? A.-No; there is always a clause in the bill to this effect:"In WITNESS whereof, the master or purser of the said ship hath signed.... Bills of Lading, all of this same tenor and date, one of which being accomplished the others to be void.

Q.-How must you satisfy yourself that the person named by your broker is the consignee?

A. He must produce the stamped bill of lading signed by me, and which has also been endorsed by the shipper.

Q.-What difference is there between the bill of lading as it your hand on signing it and when you see it again in the consignee's hand?

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A.-It will now bear the endorsement of the original shipper. Q.-Suppose the bills of lading be specially endorsed, thus:"To be delivered to B on order from A;" or, "To be delivered to B on payment for the goods; or in any other manner.

A.-B in the first case produces A's order before I deliver the goods to him; in the second case he must produce proof that he has paid for the goods; or whatever may be the special endorsement, he must produce proof that it has been complied with before I deliver the cargo to him, otherwise my owner would be liable to the shipper for wrong delivery.

Q.-If, on arriving at your port of destination, two parties each present a bill of lading, what would you do?

A. I would accept the one which was stamped, signed by myself, and endorsed by the shipper.

Q.-But suppose they are both alike, being stamped, signed, and endorsed, how would you act under these circumstances?

A.-To the first that came, provided he would give me a deed of indemnity against any other claim.

If the shipper has endorsed the bills of lading to different persons you will be justified in delivering to the person who first presents the bill of lading in his own name, or with a proper endorsement. Should two or more parties claim right to the goods, they should be delivered to the one who can give you the best security, upon which you can rely, to indemnify you against the consequences of your so delivering them. And should none of these methods be practicable, or should the goods be stopped in transitu by the shipper, or should no holder of a bill of lading appear during the lay days-after having thus waited a reasonable time you ought then to deposit the goods in a public warehouse in your own name as master, in security of the freight and charges.

Q.-Suppose that on your getting to your destination with a cargo you cannot find your merchant, what would you do? A.-Advertise for him, and place notices in all the public places.

Q.-How long would you advertise for him?

A.-During my lay days.

Q.-Your lay days are up and the merchant has not come forward to claim your cargo, what would you do?

A.-After having thus waited a reasonable time discharge it into a public warehouse in my own name as master, in security of the freight and charges, and in this way free myself and owners from all responsibility as to the goods, and from all questions as to the party best entitled to them.

Q.-Suppose you sign a bill of lading to order, to whom would you deliver the cargo on your arrival?

A. To the holder of the bill of lading, after seeing that it is properly endorsed by the shipper.

He should also undertake for payment of freight, according to bills of lading, particularly if you have any doubt of your charterer's solvency.

Q. When ought a bill of lading to be endorsed?

A.-When it is transferred.

Q.-If the goods in a bill of lading were consigned to order, what would you enter in the consignee's column of the manifest ? A. To order.

Q.-When the quantity, quality, or conditions of the goods, &c., are unknown, would you qualify your obligations in the bills of lading; if so, how would you do it?

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A.-By writing above my signature "quantity and quality unknown," or contents unknown," or "not liable for deterioration," "not liable for leakage."

In London it is customary for the brokers to stamp the bills of lading, "weight and contents unknown," "not accountable for leakage," "breakage,' "rust or destruction by vermin," and the master when signing the bills of lading puts his initials to the stamp made by the broker.

The words "not liable for leakage" prevent any claim on the ship for any deficiency of cargo, but in order to secure the full amount of freight the words "payable for quantity shipped" must be introduced.

Q.-How would you sign a bill of lading for 1000 tons of coal? A.-Weight unknown.

Q.-How would you sign a bill of lading for 500 cases of tea? A.-Weight unknown.

Q.-You are going to receive 400 tons of molasses in casks, what clause would you insert in the bill of lading?

A.-"Contents unknown; not accountable for leakage, and freight to be paid according to quantity shipped, as per gauge of cask.

Q.-How would you sign for crates of earthenware or glass?
A.-Contents unknown; not accountable for breakage.
Q.-If live stock is shipped?

A.-Not accountable for accidents or mortality.

Q.-What extra precautions would you observe if the goods were to be delivered in an open bay?

A.-Besides the above remarks, write: "To be taken from ship's tackles at the risk and expense of the consignee;" unless I was paid extra freight for taking the risk on myself.

Q.-Suppose you take goods at a reduced freight, but with the understanding that they are to be used as dunnage, what would you write opposite ?

A.-Shipped as dunnage.

Q.-Coming home to England with foreign bills of lading, what would you do?

A.-Get them stamped.

Q.-Within what time can they be stamped?

A. Within seven days (with a sixpenny stamp) after arrival. Q.-In all cases of dispute, detention, or diffculty, what would you do?

A.-Write home to my owners, giving a full account of the same, with copies of documents.

Q.-Suppose you had a full cargo of grain, and had lain all your lay days, and some of your demurrage days, the merchant wants you to sign clean bills of lading, would you do so?

A.-No; not unless the merchant pays the demurrage, or gives a guarantee for its payment.

Q.-The merchant will not make any agreement in reference to the demurrage, what will you do?

A.-Protest against him; then present bills of lading of my own, stating the number of lay and demurrage days spent in loading.

Q.-Suppose the consignee refuses to pay the freight, how would you act?

A.-Apply for judicial authority to enable me to sell as much of the cargo as will pay the freight and all the charges.

Q.—What is a sealed bill of lading?

A.-One that is sealed with the same seal as the articles to which it alludes. It is generally used when bullion in boxes is placed on board.

Q.—The mate's receipts show less cargo than the bills of lading

do?

A.-Insert a clause "So much cargo in dispute, if on board to be delivered."

Q.-The merchant will not allow you to insert this clause? A. Sign under protest.

Q.-The merchant will not allow you to sign under protest? A.-Fill up bills of lading of my own, sign them before the Consul, and get him to write the merchant an official letter enclosing the bills of lading, and get an attested copy of the letter to send to my owner, then proceed to sea.

Q.-If your merchant wish you to sign bills of lading before your cargo is on board, what would you do?

A.-Refuse to do so; for he might fail, or the goods might take fire or be lost, so that they might never be shipped. Sign for the portion of cargo actually on board.

Q.-Bills of lading in a foreign language, which you do not understand, are presented to you for signature, what would you do?

A.-Get them translated, or write "All conditions as per charter; everything contrary thereto to be null and void."

Q.-Your merchant from some cause wishes his goods to be unshipped at the port of loading after they have been shipped, what must he do?

A.-Pay the full freight the ship would have earned had she proceeded to her discharging port with the goods; he must also return the bills of lading to the master; or, failing to do so, he must give the master a deed of indemnity against all claims for the goods from the holders of the bill of lading.