value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation. SEC. 40.-FORM OF THE BILL AS INDICATING RIGHTS OF BUYER AND SELLER. Whenever goods are shipped by the consignor in accordance with a contract or order for their purchase, the form in which the bill is taken by the consignor shall indicate the transfer or retention of the property or right to the possession of the goods as follows: (a) Whenever, by the bill, the goods are deliverable to the buyer or to his agent, or to the order of the buyer or of his agent, the consignor thereby transfers the property in the goods to the buyer. (b) Whenever, by the bill, the goods are deliverable to the seller or to his agent, or to the order of the seller or of his agent, the seller thereby reserves the property in the goods; but if, except for the form of the bill, the property would have passed to the buyer on shipment of the goods, the seller's property in the goods shall be deemed to be only for the purpose of securing performance by the buyer of his obligations under the contract. (c) Whenever, by the bill, the goods are deliverable to the order of the buyer or of his agent, but possession of the bill is retained by the seller or his agent, the seller thereby reserves a right to the possession of the goods, as against the buyer. (d) Whenever the seller draws on the buyer for the price and transmits the draft and bill, together, to the buyer to secure acceptance or payment of the draft, the buyer is bound to return the bill unless he honors the draft, and if he wrongfully retains the bill he acquires no added right thereby; if, however, the bill provides that the goods are deliverable to the buyer, or to the order of the buyer, or is indorsed in blank or to the buyer by the consignee named therein, one who purchases, in good faith, for value, the bill or goods from the buyer, shall obtain the title to the goods, although the draft has not been honored, if such purchaser has received delivery of the bill indorsed by the consignee named therein, or of the goods, without notice of the facts making the transfer wrongful. SEC. 41.-DEMAND, PRESENTATION, OR SIGHT Draft to be PAID, BUT DRAFT ON MORE THAN THREE DAYS TIME TO BE AcCEPTED, BEFORE BUYER IS ENTITLED TO THE ACCOMPANYING BILL. Whenever the seller of goods draws on the buyer for the price of the goods and transmits the draft and a bill of lading for the goods, either directly to the buyer or through a bank or other agency, unless a different intention on the part of the seller appears, the buyer and all other parties interested shall be justified in assuming: (a) if the draft is, by its terms or legal effect, payable on demand or presentation, or at sight, or not more than three days thereafter (whether such three days be termed days of grace or not), that the seller intended to require payment of the draft before the buyer should be entitled to receive or retain the bill; (b) if the draft is, by its terms, payable on time extending beyond three days after demand, presentation, or sight (whether such three days be termed days of grace or not), that the seller intended to require acceptance but not payment of the draft before the buyer should be entitled to receive or retain the bill. The provisions of this section shall be applicable whether, by the terms of the bill, the goods are consigned to the seller, or to his order, or to the buyer, or to his order, or to a third person, or to his order. SEC. 42.-NEGOTIATION DEFEATS VENDOR'S LIEN. Whenever a negotiable bill has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the rights of any purchaser for value, in good faith, to whom such bill has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier who issued such bill of the seller's claim to a lien or right of stoppage in transitu; nor shall the carrier be obliged to deliver, or justified in delivering, the goods to an unpaid seller unless such bill is first surrendered for concellation. SEC. 43.-WHEN RIGHTS AND REMEDIES UNDER MORTGAGES AND LIENS ARE NOT LIMITED. Except as provided in section forty-two, no provision in this act shall limit the rights and remedies of a mortgagee or lien-holder whose mortgage or lien on goods would be valid, apart from the provisions of this act, as against one who, for value and in good faith, immediately prior to the delivery of such goods to the carrier, purchased from the owner, and obtained possession of, the goods subject to the mortgage or lien. PART IV. CRIMINAL OFFENSES. SEC. 44.-ISSUE OF BILL FOR GOODS NOT RECEIVED. Any officer, agent, or servant of a carrier, who, with intent to defraud, issues or aids in issuing a bill, knowing that all or any part of the goods for which such bill is issued have not been received by such carrier, or by an agent of such carrier, or by a connecting carrier, or are not under the carrier's control at the time of issuing such bill, shall, for each offense, be imprisoned not more than five years, or fined not more than five thousand dollars, or both. SEC. 45.-ISSUE OF BILL CONTAINING FALSE STATEMENT. 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, for each offense, be imprisoned not more than one year, or fined not more than one thousand dollars, or both. SEC. 46.-ISSUE OF DUPLICATE BILLS NOT SO MARKED. 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 seven, knowing that a former negotiable bill for the same goods or any part thereof is outstanding and uncanceled, shall, for each offense, be imprisoned not more than five years, or fined not more than five thousand dollars, or both. SEC. 47.-NEGOTIATION OF BILL FOR MORTGAGED GOODS. Any person who ships goods to which he has no 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, for each offense, be imprisoned not more than one year, or fined not more than one thousand dollars, or both. SEC. 48. NEGOTIATION OF BILL WHEN GOODS ARE NOT IN CARRIER'S POSSESSION. 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 such fact, shall, for each offense, be imprisoned not more than five years, or fined not more than five thousand dollars, or both. SEC. 49.-INDUCING CARRIER TO ISSUE BILL WHEN GOODS HAVE NOT BEEN RECEIVED. Any person who, with intent to defraud, secures the issue, by a carrier, of a bill knowing that any or all of the goods described in such bill as received for transportation have not, at the time of such issue, 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, for each offense, be imprisoned not more than five years, or fined not more than five thousand dollars, or both. SEC. 50.-ISSUE OF NON-NEGOTIABLE BILL NOT SO MARKED. Any person who, with intent to defraud, issues or aids in issuing a non-negotiable bill without the word "non-negotiable" or the words "not negotiable" appearing plainly upon the face thereof shall, for each offense, be imprisoned not more than five years, or fined not more than five thousand dollars, or both. PART V. INTERPRETATION. SEC. 51.-RULES FOR CASES NOT PROVIDED FOR IN THIS ACT. In any case not provided for in this act, 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 or coercion, accident, mistake, bankruptcy, or other invalidating cause, shall govern. SEC. 52.-INTERPRETATION SHALL GIVE EFFECT TO PURPOSE OF UNIFORMITY. The provisions of this act shall be so construed as to effectuate its purpose to make uniform the law of those states which enact it. SEC. 53. DEFINITION. (1) In this act, unless the context or subject-matter otherwise requires: "action" includes counter-claim, 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 a partnership, or two or more persons having a joint or common interest; "purchase" includes taking as mortgagee and as pledgee; "purchaser" includes mortgagee and pledgee; "value" is any consideration sufficient to support a simple contract, and an antecedent or pre-existing 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 act, when it is in fact done honestly, whether it be done negligently or not. SEC. 54.-ACT NOT TO APPLY TO EXISTING BILLS. The provisions of this act shall not apply to bills made and delivered prior to the taking effect hereof. SEC. 55.-INCONSISTENT LEGISLATION REPEALED. So much of any act or parts of acts as is inconsistent with this act is hereby repealed. SEC. 56.-NAME OF ACT. This act may be cited as the "Uniform Bills of Lading Act." Approved, August 16, 1911. [Senate Bill No. 348.] CHAPTER 183. An Act concerning County Aid to Hospitals. Be it enacted by the Senate and House of Representatives in by senators counties for and aid SECTION 1. The representatives of the towns and senators Appropriations resident in any county may appropriate, in the manner pro-representatives in vided by law for making appropriations for other county of public hospi expenses, specific sums in aid of any public hospital located tals. and maintained in such county, and the amount so appropriated shall be expended in the same manner as provided by law for other county expenses. SEC. 2. In case sufficient funds are not on hand or other- Laying of county tax for hospitals. wise available for said purpose in addition to other county expenses, said county representatives and senators may lay a county tax therefor in the manner provided by section 2799 of the general statutes. SEC. 3. This act shall take effect from its passage. |