SECTION 224. When negotiation not impaired by fraud, accident, mistake, duress or conversion. 225. Subsequent negotiation. 226. Form of the bill as indicating rights of buyer and seller. 227. Demand, presentation or sight draft must be paid, but draft on more than three days' time merely accepted before buyer is entitled to the accompanying bill. 228. Negotiation defeats vendor's lien, 229. When rights and remedies under mortgages and liens are not 230. Issue of bill for goods not received. 234. Negotiation of bill when goods are not in carriers possession. 235. Inducing carrier to issue bill when goods have not been re ceived. 236. Issue of non-negotiable bill not so marked. 237. Rule for cases not provided for in this article. 238. Interpretation shall give effect to purpose of uniformity. 239. Definitions. 240. Article does not apply to existing bills. 241. Inconsistent legislation repealed. § 187. Bills governed by this article. Bills of lading issued by any common carrier shall be governed by this article. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 188. Form of bills. Essential terms. Every bill must embody within its written or printed terms (a) The date of its issue, (b) The name of the person from whom the goods have been received, (c) The place where the goods have been received, (d) The place to which the goods are to be transported, (e) A statement whether the goods received will be delivered to a specified person, or to the order of a specified person, (f) A description of the goods or of the packages containing them, which may, however, be in such general terms as are referred to in section twenty-three, and (g) The signature of the carrier. A negotiable bill shall have the words "order of " printed thereon immediately before the name of the person upon whose order the goods received are deliverable. A carrier shall be liable to any person injured thereby for the damage caused by the omission from negotiable bill of any of the provisions required in this section. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) 189. Form of bills. What terms may be inserted. A carrier may insert in a bill, issued by him, any other terms and conditions, provided that such terms and conditions shall not (a) Be contrary to law or public policy, or (b) In any wise impair his obligation to exercise at least that degree of care in the transportation and safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 190. Definition of non-negotiable or straight bill. A bill in which it is stated that the goods are consigned or destined to a specified person, is a non-negotiable or straight bill. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 191. Definition of negotiable or order bill. A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is a negotiable or order bill. Any provision in such bill that it is non-negotiable shall not affect its negotiability within the meaning of this act. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 192. Negotiable bills must not be issued in sets. Negotiable bills issued in this state for the transportation of goods to any place in the United States on the continent of North America, except Alaska, shall not be issued in parts or sets. If so issued the carrier issuing them shall be liable for failure to deliver the goods described therein to any one who purchases a part for value in good faith, even though the purchase be after the delivery of goods by the carrier to a holder of one of the other parts. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 193. Duplicate negotiable bills must be so marked. When more than one negotiable bill is issued in this state for the same goods to be transported to any place in the United States on the continent of North America, except Alaska, the word "dupli or some other word or words indicating that the document is not an original bill shall be placed plainly upon the face of every such bill, except the one first issued. A carrier shall be liable for the damage caused by his failure so to do to any one who has purchased the bill for value in good faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 194. Non-negotiable bills shall be so marked. A non-negotiable bill shall have placed plainly upon its face by the carrier issuing it "non-negotiable" or "not negotiable." This section shall not apply, however, to memoranda, or acknowledgments of an informal character. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 195. Insertion of name of person to be notified. The insertion in a negotiable bill of the name of a person to be notified of the arrival of the goods shall not limit the negotiability of the bill, or constitute notice to a purchaser thereof of any rights or equities of such person in the goods. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 196. Acceptance of bill indicates assent to its terms. Except as otherwise provided in this article, where a consignor receives a bill and makes no objection to its terms or conditions at the time he receives it, neither the consignor nor any person who accepts delivery of the goods, nor any person who seeks to enforce any provision of the bill, shall be allowed to deny that he is bound by such terms and conditions, so far as they are not contrary to law or public policy. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 197. Obligation of carrier to deliver. A carrier, in the absence of some lawful excuse, is bound to deliver goods upon a demand made either by the consignee named in the bill for the goods, or if the bill is negotiable, by the holder thereof, if such demand is accompanied by *(a) An offer in good faith to satisfy the carrier's lawful lien bill which was issued for the goods, if the bill is negotiable, and upon the goods, *(b) An offer in good faith to surrender, properly indorsed, the So in or original. (c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the carrier. In case the carrier refuses or fails to deliver the goods in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 198. Justification of carrier in delivering. A carrier is justfied, subject to the provisions of the three following sections, in delivering goods to one who is (a) A person lawfully entitled to the possession of the goods, or (b) The consignee named in a non-negotiable bill for the goods, or goods, or (c) A person in possession of a negotiable bill for the goods by the terms of which the goods are deliverable to his order, or which has been indorsed to him or in blank by the consignee or by the mediate or immediate indorsee of the consignee. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 199. Carrier's liability for misdelivery. Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to any one having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section; and, though he delivered the goods as authorized by either of said subdivisions, he shall be so liable if prior to such delivery he (a) Had been requested, by or on behalf of a person having a right of property or possession in the goods, not to make such delivery, or (b) Had information at the time of the delivery that it was to a person not lawfully entitled to the possession of the goods. A request or information to be effective within the meaning of this section must be given to an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a request or information, and must be given in time to enable the officer or agent to whom it is given, acting with reasonable diligence, to stop delivery of the goods. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 200. Negotiable bills must be cancelled when goods delivered. Except as provided in section two hundred and thirteen, and except when compelled by legal process, if a carrier deliver goods. for which a negotiable bill had been issued, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the bill, such carrier shall be liable for failure. to deliver the goods to any one who for value and in good faith purchases such bill, whether such purchaser acquired title to the bill before or after the delivery of the goods by the carrier, and notwithstanding delivery was made to the person entitled thereto. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 201. Negotiable bills must be cancelled or marked when parts of goods delivered. Except as provided in section two hundred and thirteen, and except when compelled by legal process, if a carrier delivers part of the goods for which a negotiable bill had been issued and fails either (a) To take up and cancel the bill, or (b) To place plainly upon it a statement that a portion of the goods has been delivered, with a description, which may be in general terms, either of the goods or packages that have been so delivered or of the goods or packages which still remain in the carrier's possession, he shall be liable for failure to deliver all the goods specified in the bill, to any one who for value and in good faith purchases it, whether such purchaser acquired title to it before or after the delivery of any portion of the goods by the carrier, and notwithstanding such delivery was made to the person entitled thereto. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 202. Altered bills. Any alteration, addition or erasure in a bill after its issue without authority from the carrier issuing the same either in writing or noted on the bill shall be void, whatever be the nature and purpose of the change, and the bill shall be enforceable according to its original tenor. (Added by L. 1911, ch. 248, in effect Sept. 1, 1911.) § 203. Lost or destroyed bills. Where a negotiable bill has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the riving |