The effect of the bill, when delivered, depends somewhat upon the question, whether the consignor be or be not the consignee. When he is not, and the consignor sends the bill to the consignee, the goods become at once the property of the consignee. (mm) They are at his risk, and he is liable for their freight; but until they actually come into his possession, they are subject to the consignor's right of stoppage in transitu. (n)

If the consignor be himself the consignee, he may send the bill to a third party. He may send it to him indorsed to him, or indorsed in blank. And if the consignee has ordered the * goods, or is to receive them as his own, when he receives this indorsed bill the property in the goods passes to him as if he had been named consignee in the bill. (o) 2 If, however,

(l) Stanton v. Eager, 16 Pick. 467; Alien v. Williams, 12 Pick. 297, 303.

(m) Buffington v. Curtis, 15 Mass. 528.

(mm) The Sally Magee, 3 Wallace, 451.

(n) Walley v. Montgomery, 3 East, 585; Allen v. Williams, 12 Pick. 297;

Stanton v. Eager, 16 Pick. 467. See ante, Book III. Chap. 6.

(o) Haille v. Smith, 1 B. & P. 563; Chandler v. Sprague, 5 Met. 306; Ellershaw v. Magniac, 6 Exch. 570, n.; Wait v. Baker, 2 Exch. 1.

1 Where a master in good faith has delivered goods to a bond fide indorsee of one of three bills of lading, numbered "First," "Second," and "Third," and each reading "one of which bills being accomplished, the1 others to stand void," a previous bona fide indorsee of another of the bills cannot maintain an action for conversion on account of such delivery. Glyn Mills & Co. v. East, etc. Dock Co. 7 App. Cas. 591, a case which comments in severe terms upon the inconvenience of the practice of drawing bills of lading in sets of three.

2 Where a bill of lading, and a bill of exchange to cover the goods included in the bill of lading, are sent in a letter to the purchaser of the goods, it is a well-understood he is only the agent or factor of the consignor, this bill gives him no further property or power; and if the bill be sent without indorsement, it confers no rights of property whatever; and has little more effect than a mere notice that goods are shipped in such a vessel to such a port. (p)

The consignor frequently sends to a consignee a bill not indorsed, and then sends to his own agent in or within reach of the same port, an indorsed bill; it may be indorsed in blank, or to the agent, or to the party ordering the goods, and the consignor sends to his agent with the bill orders to deliver the bill to the party ordering the goods, or to receive the goods and deliver them to him, provided payment be made or secured, or such other terms as the consignor prescribes are complied with. This course secures to the consignor, beyond all question, the right and power of retaining the goods until the price for them is paid or secured to him.

Because the bills of lading are evidence against the master or owner, as to every material fact stated in them in respect to the description of the goods, it is prudent and usual to describe them only as so many boxes, or barrels, or bales, or parcels, numbered and marked as per margin; adding the words, "contents unknown," or equivalent words. Even if the words "containing" such or such goods, are added, the ship is bound only to deliver the boxes as received, and the evidence of the bill of lading may always be rebutted by proof of mistake or fraud. (q) l

Then the two liens heretofore spoken of come in. It is common for the bill of lading to say, that the goods are to be delivthe goods; (r) nor can the shipper demand the goods without a tender of the freight. (s) ered on payment of the freight; but whether expressed * or not, the law-merchant gives this lien. That is to say, the master cannot demand his freight without being ready to deliver rule that the bill of exchange must be accepted, or the bill of lading cannot be retained, Shepherd v. Harrison, L. R 5 H. L. 116; but if sent without special instructions to an agent for collection, a bill of lading may be surrendered to the drawee on his acceptance of the draft, it being no part of the agent's duty to hold the bill after such acceptance, National Bank v. Merchants' Bank, 91 U. S. 92.

(p) Brandt v. Bowlby, 2 B. & Ad. 932; Coxe v. Harden, 4 East, 211.

(g) Clark v. Barnwell, 12 How. 272; Vernard v. Hudson, 3 Sumner, 405; Bissel v. Price, 16 Ill. 408; Ellis v. Willard, 5 Sold. 529. So if the words "weight unknown" are inserted, although the bill of lading specifies a specific weight, the carrier is only bound to deliver the weight received. Shepherd v. Taylor, 5 Grav, 591; Andover, The, 3 Blatchf. C. C. ft. 303; Columbo, The, id. 521; Wentworth v. Realm, 16 La. An. 18.

1 But where a bill of lading inadvertently described a closed case containing "silk" goods as "linen," and the master, before signing it, stamped the case with the words, "weight, value, and contents unknown," held, that the carrier was liable for the nondelivery of two pieces of the silk goods abstracted from the case. Lebeau v. General Steam Navigation Co. L. R. 8 G. P. 88.

If the master delivers the goods without receiving freight, or if the contract of freight be such that the goods are to be delivered at once, and the freight is to be paid at a future day, we should say, that neither the master nor the owner of the ship has any longer any lien on the goods; but must look to the consignor personally for the freight. This must be the rule generally, although there may be exceptional cases, in which circumstances prove, that while the goods were delivered, they yet remain subject to the lien. The lien is lost when it has been agreed that the goods shall be delivered, and freight paid at a subsequent period. (t) The lien would not be lost if the master had been induced to surrender the goods by fraud. (u) And if the shipper or consignee may elect whether to pay freight at a future time, or on delivery, interest being discounted, and does elect to pay on delivery, the cargo is subject to the lien. (uu) The bill of lading sometimes contains special stipulations in regard to the disposal of the goods or their proceeds. (v)