APPENDIX III. FORMS. In the following pages are presented forms of a "bill of sale" and certain "documents of title," the latter including a railroad bill of lading, a "non-negotiable" bill of lading as issued by an express company, and warehouse receipts. The documents of title have been copied from forms used by well known companies, but the student knows, of course, that there is no fixed form for such documents, since the specific terms of the contract of carriage or of storage vary with different companies. A bill of sale (a formal contract) differs, it is to be noted, from a mere "receipt" for money paid for purchased goods, and, also, from an "invoice" (which is an itemized statement of goods sold, together with prices annexed), although the latter is popularly designated as a "bill." Bill of Sale of Personal Property. Know all men by these presents, that in consideration of - dollars paid by the receipt whereof is hereby acknowledged, do hereby grant, sell, transfer and deliver unto the said the following goods and chattels, viz.: [Here insert description.] To have and to hold, all and singular, the said goods and chattels, to the said and executors, administrators and assigns forever. And the said grantor- hereby covenant with the said grantee that the lawful owner- of the said goods and chattels; that they are free from all incumbrances; that ha- good right to sell the same as aforesaid, and that - will warrant and defend the same against the lawful claims and demands of all persons whomsoever. In witness whereof, the said grantor- ha- hereunto set hand-, this day of A. D. 19-. Signed, sealed and delivered in presence of Bill of Lading. No. 190 Received from the following described packages, in apparent good order (contents and value unknown), consigned and marked and numbered in the margin, to be transported upon the conditions expressed herein over the line of this road to station and delivered in like good order to the consignee or owner at said station, if upon the line of this road, or to some connecting carrier, if said station is upon a connecting line and beyond the line of this road, whose line may be considered a part of the route to the place of destination of said freight, it being distinctly understood that the responsibility of each carrier shall not begin until it receives the freight from the consignor or from a connecting carrier, and shall cease when it delivers the same to a connecting carrier or to the consignee. Property to be delivered at a station where there is no regular railroad station agent, or at private or other sidings, shall be considered delivered to and at risk of owner when and as soon as left on platform or on side-track in car. The- Railway Company guarantees, upon the conditions expressed herein, that the rate for transportation from the place of shipment to - shall not exceed the rate noted on this bill of lading and charges advanced by them, provided that the contents of said packages are properly represented in specific and not in general terms upon the receipt (original and duplicate), and further provided that the property below described is not diverted en route from the line or lines of carriers to which it may be consigned by The Railway Company, at the instance or through the agency of the shippers or consignees, either or both of them, without the consent of The Railway Company. This contract is made also for the separate benefit of each connecting carrier and upon and is subject to the following CONDITIONS. The carrier will not receive on any train Gold or Silver Coin, Bullion or Manufactured Articles of Gold and Silver, Jewels and Watches, Paintings or Pictures, Statuettes, Bank Bills, Drafts, Notes, Bonds, Stocks, Deeds, Contracts, Mail Matter, Val uable Papers or other Writings, and no Agent or Conductor is authorized to take charge of the same; and if shipped secretly or with other property, unknown to the Officers and Agents of the carrier, the carrier will not be responsible in case of loss or damage from any cause whatever. When the contents of packages are not properly represented by the shipper, it is agreed that upon the actual contents of the packages the published rate of the several carriers over whose lines the goods must pass to destination is the only rate guaranteed. When the words "Owner's Risk " or the letters "O. R." are noted on this Bill of Lading, the shipper assumes the risk of all loss or damage to the property in the course of transportation, and in any event not to exceed the declared value hereon stated, if any. When this Bill of Lading bears a notation showing that the valuation of the freight is released to any amount, it is agreed that the value of the freight does not exceed such amount and that any carrier which may be liable for loss or damage of the freight shall not be bound to pay more than such amount. When the words "Loaded by Shipper" or "Shipper's Count" are noted on this Bill of Lading, it is an acknowledgment on the part of the shipper that the carrier is not liable directly or indirectly for loss or damage arising from improper stowage or insufficient packages, or for any discrepancy in count or quantity. No carrier shall be responsible for loss or damage of any of the freight shipped unless it is proved to have occurred during the time of its transit over the particular carrier's line, and of this notice must be given within thirty hours after the arrival of the same at destination. No carrier shall be responsible for loss or damage to property unless notice in writing of such loss or damage is given to the delivering carrier within thirty hours after delivery. No carrier shall be responsible for the loss of packages the contents of which are unknown, for the leakage of any kind of Liquids, breakage of any kind of Glass, Carboys of Acid or articles packed in glass, Stoves or Stove Furniture, Castings, Machinery, Carriages, Furniture, Musical Instruments of any kind, Packages of Eggs, or for rust of Iron and Iron Articles, or for the condition of baling of or loss or damage on Hay, Hemp, Cotton, or any other article whose bulk renders it necessary to transport on open cars, or for damage to perishable property of any kind occasioned by delays from any cause or change of weather, nor for any loss of weight of Grain, or Coffee in bags, or Rice in tierces, nor for loss of Nuts in bags, or Lemons or Oranges in boxes not covered by canvass, or for loss or damage to Freight occasioned by providential causes, by fires or negligence, or for loss of Flour or any other property caused by bad or insufficient cooperage, or for loss or damage on the lakes or rivers. It is further agreed that for all loss or damage occurring in transit of Freight, the legal remedy shall be against only the particular carrier in whose custody the said freight may actually be at the time of the happening thereof. In the event of the loss of any property for which any carrier may be responsible under this Bill of Lading, the value or cost of the same at the point and time of shipment is to govern the settlement, unless the valuation is otherwise released or stated on this Bill of Lading. All packages subject to charge for cooperage if necessary. No carrier shall be responsible for loss or damage to Flat Cotton by fire from any cause whatever while in transit or at stations. No carrier shall be responsible for accident or delays from causes which could not be reasonably anticipated or avoided. No carrier shall be responsible for delay, loss or damage caused by or on account of strikes, riots or mobs. All freight shall be subject to transfer en route, as the necessities or convenience of any carrier requires. The owner or consignee shall pay charges as per specified rates upon the goods as they arrive. In consideration of the reduced rates herein given on goods packed in bales, it is agreed that each carrier over whose line the said goods shall pass in course of transportation is released by the shipper of said goods for all claims for damage by chafing in transit. Freight must be removed from the station during business hours on the day of its arrival at destination, or shall be stored at the owner's sole risk and expense. All carload freight shall be subject to a minimum charge for trackage and rental of $1.00 per car for each twenty-four hours' detention or fractional part thereof after the expiration of twenty-four hours from its arrival at destination, and the carrier shall have the same lien and to the same extent upon the property for such charge as for transportation charges. This Bill of Lading must be presented without alteration or erasure. Copies are furnished for the information of those concerned, but are otherwise valueless, except as evidence that a Bill of Lading has been issued. |