OF THE BILL OF LADING AS A DOCUMENT OF TITLE TO GOODS (BEING THE YORKE PRIZE ESSAY FOR THE YEAR 1913) DR ABH by W. P. BENNETT, B.A., LL.B. Cambridge: at the University Press SOLD 30/12/63. PREFACE HE Bill of Lading has three aspects in law. It is a receipt TH for goods shipped, it is evidence of the contract of carriage and it is a Document of Title to goods shipped. The original parties to the bill are three in number: the shipper or consignor, who presents the goods for transportation; the consignee or he to whom, or to whose order, the goods are to be delivered and the carrier or he to whom the goods are entrusted for transportation and delivery. It is difficult to treat of any aspect of a subject without incidentally from time to time bringing it into more prominent relief against the background of the whole, and the writer while striving to exclude all topics not really germane to the subject of the Essay, has not hesitated to discuss all matters which could be deemed in any way relevant to it. THE PRINCIPAL SOURCES OF INFORMATION on which the writer has drawn are as follows: History and Early Law. The Black Book of the Admiralty. Pardessus-Collection de Loix Commerciales Maritimes antérieure au 18ième Siècle. 6 Tomes. Publications of the Selden Society. Volumes 6, 7, 23. Select Essays in Anglo-American Legal History. English Law. Malynes-Lex Mercatoria (17th century). Jacob-Lex Mercatoria า Molloy-Jure Maritimo (18th century). Beawes-Lex Mercatoria J Scrutton-Charter Parties and Bills of Lading (6th edition). Blackburn-Contract of Sale. Carver Carriage by Sea. Leggett-Bills of Lading. Encyclopædia of the Laws of England-Various articles. All the Law Reports from the end of the 17th century to the present STATUTES OF THE REALM. Scotch Law. Principles of the Law of Scotland (Erskine). Foreign Law. Generally-Commercial Laws of the World-(pubd. Sweet and Maxwell) and Codes Etrangers. French Law. Basset-Du Connaissement. (Thèse pour le Doctorat-Paris, 1889.) Lyon-Caen et Renault-Précis de Droit Commercial. German Law. Sieveking-German Law of Carriage of Goods by Sea. United States of America. W. W. Porter-Law of Bills of Lading (Philadelphia, 1891). Other Foreign Countries. Translations of Commercial Codes of Belgium, Holland, Spain and Belgium-Code de Commerce annoté (Bist-Brussels, 1907). The origin and early history of the Bill of Lading is not treated of by any author-although Basset throws out a few hints and the writer claims originality for his theory as to the development of the Bill of Lading from the mediaeval ship's book or register, and in fact for all the historical portion of the Essay in so far as it consists of inference and deduction from the material collected. The writer makes no claim to have studied original manuscripts and has throughout availed himself of matter already published. Several visits to the Record Office convinced him of the futility of searching for isolated specimens of Bills of Lading which, he had thought, might be buried in such records as those of the Customs' officers. It is, in fact, practically certain that the earliest extant specimens of Bills of Lading are those to be found in publications of the Selden Society and which are discussed in this Essay. The English law of Bills of Lading is to be found for the most part in decided cases, and amongst these the works of others have served as a guide. The majority of the bodies of foreign law have been codified and the writer has found the Commercial Laws of the World invaluable. For French and American law the writer has drawn largely on the works of Basset and Porter. 12 GLENLOCH ROAD, HAMPSTEAD, N.W. April 18, 1914. W. P. B. |