Effect of bill of lading on rights, &c., of carrier. Bill of lad ing to be given to consignor. Carrier ex- Carrier may demand surrender of bill of lading before delivery. S 1111. A bill of lading does not alter the rights or obligations of the carrier, as defined in this chapter, unless it is plainly inconsistent therewith. S1112. A carrier must subscribe and deliver to the consignor, on demand, any reasonable number of bills of lading, of the same tenor, expressing truly the original contract for carriage; and if he refuses to do so, the consignor may take the freight from him, and recover from him besides, all damage thereby occasioned. S1113. A carrier is exonerated from liability for freight, by delivery thereof, in good faith, to any holder of a bill of lading therefor, properly indorsed, or made in favor of the bearer. This is a necessary result of § 1109. S1114. When a carrier has given a bill of lading, or other instrument substantially equivalent thereto, he may require its surrender, or a reasonable indemnity against claims thereon, before delivering the freight. Howard v. Shepperd, 9 C. B., 297. When freightage is to be paid. Consignor, when liable ARTICLE IV. FREIGHTAGE. SECTION 1115. When freightage is to be paid. 1116. Consignor, when liable for freightage. 1117. Consignee, when liable. 1118. Natural increase of freight. 1119, 1120. Apportionment by contract. 1121. Apportionment according to distance. 1122. Freight carried further than agreed, &c. S1115. 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. See Wyld v. Pickford, 8 M. & W., 443, 458. $1116. The consignor of freight is presumed to be for freight- liable for the freightage, but if the contract between him and the carrier provides that the consignee age. shall pay it, and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor. when liable. S1117. The consignee of freight is liable for the Consignee, freightage, if he accepts the freight with notice of the intention of the consignor that he should pay it. Merrick v. Gordon, 20 N. Y., 93. S1118. No freightage can be charged upon the Natural natural increase of freight. 1 Pars. Marit. Law, 149, 150. increase of freight. ment by S 1119. If freightage is apportioned by a bill of Apportion. lading or other contract made between a consignor contract. and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers. S 1120. If a part of the freight is accepted by a 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. 1 Pars. Marit. Law, 149. § 1121. 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.1 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 necessity, the carrier is not entitled to any freightage.3 Apportioncording to ment ac distance. S1122. If freight is carried further, or more expedi- Freight car tiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, ried further than agreed, &c. Carrier's lien for and cannot refuse to deliver it, on the demand of the consignee, at the place and time of its arrival. S 1123. A carrier has a lien for freightage, which freightage. is regulated by the Title on LIENS. ARTICLE V. Jettison and general average, what. Order of jettison. By whom made. Loss, how borne. GENERAL AVERAGE. SECTION 1124. Jettison and general average, what. 1125. Order of jettison. 1126. By whom made. 1127. Loss, how borne. 1128. General average loss, how adjusted. 1129. Values, how ascertained. 1130. Things stowed on deck. 1131. Application of the foregoing rules. S1124. 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. Lawrence v. Minturn, 17 How. [U. S.], 100. S1125. A jettison must begin with the most bulky and least valuable articles, so far as possible. Code de Commerce, art. 411. S 1126. 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. 3 Kent Com., 233. S 1127. The loss incurred by a jettison, when law. fully 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." average loss, hor adjusted. S 1128. The proportions in which a general average General loss is to be borne, must be ascertained by an adjustment, in which the owner 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.1 But an adjustment made at the end of the voyage, if valid there, is valid everywhere.? 13 Kent Com., 232. Simonds v. White, 2 B. & C., 805.. ascertained. $1129. In estimating values for the purpose of a Values, how general 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. See 3 Kent Com., 242; 5 Duer, 429; 1 Cai., 573; 2 S1130. 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. Lawrence v. Minturn, 17 How. [U. S.], 100; Sayward v. v. Moody, 4 Bosw., 210; Gould v. Oliver, 4 Bing. N. C., S1131. 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. Birkley v. Presgrave, 1 East, 228; Code de Com., 440. Things deck. stowed on Application going rules. of the fore Obligations of carrier of messages. Degree of care and diligence required. CHAPTER IV. CARRIAGE OF MESSAGES. SECTION 1132. Obligations of carrier of messages. 1133. Degree of care and diligence required. S1132. A carrier of messages for reward must deliver them at the place to which they are addressed, or to the persons for whom they are intended. S 1133. A carrier of messages for reward must use great care and diligence in the transmission and delivery of messages. A carrier by telegraph must use the utmost diligence therein. Obviously, messages are sent by telegraph for the ex press purpose of securing great dispatch. This is an implied condition of the contract, which should be strictly enforced. CHAPTER V. COMMON CARRIERS. ARTICLE I. Common carriers in general. ARTICLE I. COMMON CARRIERS IN GENERAL. SECTION 1134. Common carrier, what. 1135. Obligation to accept freight. 1136. Obligation not to give preference. 1137. What preferences he must give. 1138. Starting. 1139. Compensation. 1140. Obligations of carrier altered only by agreement. 1141. Certain agreements void. 1142. Effect of written contract |