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five years, or by a fine not exceeding five thousand dollars or by both. 1919-773.
2131a. Any officer, agent, or servant of a carrier, who with intent to defraud issues or aids in issuing a bill for goods, knowing that it contains any false statement, shall be guilty of a crime, and upon conviction, shall be punished for each offense by imprisonment not exceeding one year, or by a fine of not exceeding one thousand dollars, or by both. 1919—773.
2131b. Any officer, agent, or servant of a carrier, who with intent to defraud issues or aids in issuing a duplicate or additional negotiable bill for goods in violation of the provisions of section two thousand one hundred twenty-six f of this code, knowing that a former negotiable bill for the same goods or any part of them is outstanding and uncanceled, shall be guilty of a crime, and upon conviction shall be punished for each offe
onment not exceeding five year, or by a fine not exceeding five thousand dollars, or by both. 1919—773.
2131c. Any person who ships goods to which he has not title, or upon which there is a lien or mortgage, and who takes for such goods a negotiable bill which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the lien or mortgage, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. 1919-774.
2131d. Any person who with intent to deceive negotiates or transfers for value a bill knowing that any or all of the goods which by the terms of such bill appear to have been received for transportation by the carrier which issued the bill, are not in the possession or control of such carrier, or of a connecting carrier, without disclosing this fact, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. 1919–774.
2131e. Any person who with intent to defraud secures the issue by a carrier of a bill knowing that at the time of such issue, any or all of the goods described in such bill as receeived for transportation have not been received by such carrier, or an agent of such carrier or a connecting carrier, or are not under the carrier's control, by inducing an officer, agent, or servant of such carrier falsely to believe that such goods have been received by such carrier, or are under its control, shall be guilty of a crime, and up-conviction shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding five thousand dollars, or by both. 1919—774.
2131f. Any person who with intent to defraud issues or aids in issuing a non-negotiable bill without the words “not negotiable" placed plainly upon the face thereof, shall be guilty of a crime, and upon conviction shall be punished for each offense by imprisonment not exceeding five years or by a fine not exceeding five thousand dollars, or by both. 1919–774.
Section 2132. Rule for cases not provided 2132b. Definitions. for in this article.
2132c. Article does not apply to 2132a. Interpretation shall give existing bills.
effect to purpose of uni
formity. 2132. In any case not provided for in this article, the rules of law and equity including the law merchant, and in particular the rules relating to the law of principal and agent, executors, administrators and trustees, and to the effect of fraud, misrepresentation, duress of coercion, accident, mistake, bankruptcy, or other invalidating cause, shall govern. 1919–774.
2132a. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. 1919—774.
2132b. (1) In this article, unless the context or subject matter otherwise requires
“Action” includes counterclaim, set-off, and suit in equity. “Bill” means bill of lading.
“Consignee” means the person named in the bill as the person to whom delivery of the goods is to be made.
“Consignor” means the person named in the bill as the person from whom the goods have been received for shipment.
“Goods” means merchandise or chattels in course of transportation, or which have been or are about to be transported.
“Holder” of a bill means a person who has both actual possession of such bill and a right of property therein.
“Order” means an order by indorsement on the bill. “Owner” does not include mortgagee or pledgee.
“Person” includes a corporation or partnership or two or more persons having a joint or common interest.
To "purchase” includes to take as mortgagee and to take as pledgee. “Purchaser” includes mortgagee and pledgee.
“Value” is any consideration sufficient to support a simple contract.. An antecedent or preexisting obligation, whether for money or not, constitutes value where a bill is taken either in satisfaction thereof or as security therefor.
(2) A thing is done “in good faith,” within the meaning of this article, when it is in fact done honestly, whether it be done negligently or not. 1919-775.
2132c. The provisions of this article do not apply to bills made and delivered prior to the taking effect thereof. 1919–775.
2136. Freightage, when paid. 2141. Same. 2137. Consignor, liable.
2142. According to distance. 2138. Consignee, liable.
2143. Freight, additional compen2139. Natural increase freight.
sation. 2140. Apportionment by contract. 2144. Carrier's lien for freightage,
lor, liahen paid.
2136. A carrier may require his freightage to be paid upon his receiving the freight; but if he does not demand it then, he cannot until he is ready to deliver the freight to the consignee.
2137. The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor.
2138. The consignee of freight is liable for the freightage, if he accepts the freight with notice of the intention of the consignor that he should pay it.
2139. No freightage can be charged upon the natural increase of freight. 2140. If freightage is apportioned by a bill of lading or other
made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers.
2141. If a part of the freight is accepted by a consignee, without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract.
2142. If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the full freightage. If he does not thus offer completion, and the consignee receives the freight only from ncessity, the carrier is not entitled to any freightage.
2143. If freight is carried further, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and cannot refuse to deliver it, on the demand of the consignee, at the place and time of its arrival.
2144. A carrier has a lien for freightage and for services rendered at request of shipper or consignee in and about the transportation, care and preservation of the property, and he also has a lien for money advanced at request of shipper or consignee to discharge a prior lien. His rights to such lien are regulated by the title on liens. 1909–1000.
General Average. Section
Section 2148. Jettison, general average. 2152. Loss, how justified. 2149. Order of jettison.
2153. Values, how ascertained. 2150. By whom made.
2154. Things stowed on deck. 2151. Loss, how borne.
2155. Rules and regulations.
2148. A carrier by water may, when in case of extreme peril it is necessary for the safety of the ship or cargo, throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the ship. Throwing property overboard for such purpose is called jettison, and the loss incurred thereby is called a general average loss.
2149. A jettison must begin with the most bulky and least valuable articles, so far as possible.
2150. A jettison can be made only by authority of the master of a ship, except in case of his disability, or of an overruling necessity, when it may be made by any other person.
2151. The loss incurred by a jettison, when lawfully made, must be borne in due proportion by all that part of the ship, appurtenances, freightage, and cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed.
2152. The proportions in which a general average loss is to be borne must be ascertained by an adjust
r of each separate interest is to be charged with such proportion of the value of the thing lost as the value of his part of the property affected bears to the value of the whole. But an adjustment made at the end of the voyage, if valid there, is valid everywhere.
2153. In estimating values for the purpose of a genral average, the ship and appurtenances must be valued as at the end of the voyage, the freightage at one half the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount made good by contribution.
2154. The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only in case it is usual to stow such things on deck upon such a voyage.
2155. The rules herein stated concerning jettison are equally applicable to every other voluntary sacrifice of property on a ship, or expense necessarily incurred, for the preservation of the ship and cargo from extraordinary perils.
Carriage of Messages. Section
Section 2161. Obligation of carriers. 2162. Degree of care required.
2161. A carrier of messages for reward, other than by telegraph or telephone, must deliver them at the place to which they are addressed, or to the person for whom they are intended. Such carrier, by telegraph or telephone, must deliver them at such place and to such person, provided the place of address, or the person for whom they are intended, is within a distance of two miles from the main office of the carrier in the city or town to which the messages are transmitted, and the carrier is not required, in making the delivery, to pay on his route toll or ferriage; but for any distance beyond one mile from such office, compensation may be charged for a messenger employed by the carrier. 1905—627.
2162. A carrier of messages for reward, must use great care and diligence in the transmission and delivery of messages. 1873—249.
Common Carriers in General.
II. Common Carriers of Persons.
Section 2168. Common carriers.
2173. Compensation. 2169. Obligations to accept freight. 2174. Obligation altered, agree2170. No Preferences.
ment. 2171. Preferences United States 2175. Certain agreements void. and this state.
2176. Written contract. 2172. Starting.
2177. Loss, valuable letters.
2168. Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry. 1873–249.
2169. A common carrier must, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry.
2170. A common carrier must not give preference in time, price, or otherwise, to one person over another. Every common carrier of passengers by railroad, or by vessel plying upon waters, lying wholly within this state, shalí establish a schedule time for the starting of trains or vessel from their respective stations or wharves, of which public notice shall be given, and shall, weather permitting, except in case of accident or dentention caused by connecting lines, start their said trains or vessel at or within ten minutes after the schedule time so established and notice given, under a penalty of two hundred and fifty dollars for each neglect so to do, to be recovered by action before any court of competent jurisdiction, upon complaint filed by the district attorney of the county in the name of the people, and paid into the common-school fund of the said county. 1880—2.
2171. A common carrier must always give a preference in time, and may give a preference in price, to the United States and to this state.