« FöregåendeFortsätt »
counterfeited, falsely printed or photographed bill of lading, knowing it to be falsely altered, forged, counterfeited, falsely printed or photographed, or aids in making, altering, forging counterfeiting, printing or photographing, or uttering or publishing the same, or issues or aids in issuing or procuring the issue of, or negotiates or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any
other matter, or who, with intent to defraud, violates, or fails to comply with, or aids in any violation of, or failure to comply with any provision of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding $5,000, or both.
SEC. 42. That in any case not provided for in this Act the rules of law and equity, including the law merchant, shall govern.
Sec. 43. First. That in this Act, unless the context or subject matter otherwise requires
“ Action” includes counterclaim, set-off, and suit in equity. “Bill ” means bill of lading governed by this Act.
Consignee ” means the person named in the bill as the person to whom delivery of the goods is to be made.
Consignor” means the person named in the bill as the person from whom the goods have been received for shipment. “ Goods
means merchandise or chattels in course of transportation or which have been or are about to be transported.
“Holder ” of a bill means a person who has both actual possession of such bill and a right of property therein.
“ Order” means an order by indorsement on the bill. “ Owner” does not include mortgagee or pledgee.
“ Person ” includes a corporation or partnership, or two or more persons having a joint or common interest.
To "purchase” includes to take as mortgagee and to take as pledgee.
“Purchaser” includes mortgagee and pledgee.
“State” includes any territory, district, insular possession or isthmian possession.
Second. A thing is done“ in good faith ” within the meaning of this Act when it is in fact done honestly, whether it be done negligently or not.
SEC. 44. That the provisions of this Act do not apply to bills made and delivered prior to the taking effect thereof.
SEC. 45. That the provisions and each part thereof and the sections and each part thereof of this Act are independent and severable, and the declaring of any provision or part thereof, or provisions or part thereof, or section or part thereof, or sections or part thereof, unconstitutional shall not impair or render unconstitutional any other provision or part thereof, or section or part thereof.
Sec. 46. That this Act shall take effect and be in force on and after the first day of January next after its passage.
COMMITTEE ON UNIFORMITY OF LAWS RELAT-
I. SUBJECTS. The sub-committee has not taken into consideration the subject of transportation, which should, in its opinion, be kept separate and distinct and be dealt with independently.
The subjects which should, in the opinion of the sub-committee, be dealt with in the report of the committee to the Conference are:
1. The establishment of a gold standard of value. 2. Bills of exchange, commercial paper, and bills of lading.
(Note the results of the two European conferences on these subjects.)
3. Uniform (a) classification of merchandise, (b) customs regulations, (c) consular certificates and invoices, (d) port charges.
(See the report adopted by the Fourth International American Conference, at Buenos Aires, 1910.)
4. Uniform regulations for commercial travelers.
Consider in this relation the question of a certificate to be issued by the proper department of the government of the country from which the traveler comes that the bearer is a bona fide commercial traveler, this certificate to be properly viséed.
5. To what extent further legislation may be necessary concerning trade-marks, patents and copyrights. (See the treaties adopted by the Fourth International American Conference.)
6. The establishment of a uniform low rate of postage and of charges for money orders and parcels post between the American countries.
7. The extension of the process of arbitration for the adjustment of commercial disputes.
1. That for the purpose of carrying into effect the resolutions of the Conference, and particularly for bringing about uniformity of laws on the subjects embraced in those resolutions, there be established an international high commission, to be composed of not more than nine members, resident in each country, to be appointed by the minister of finance of such country. The aggregate members thus appointed shall constitute the commission.
2. That for the purpose of aiding the International High Commission and co-ordinating its work there be created in the Pan American Union a bureau, whose chief shall receive a salary of not less than $5000 (gold) per annum; and it is recommended that, in view of his initiative in bringing about the conference, the governing board of the Pan American Union invite the Hon. William G. McAdoo, Secretary of the Treasury of the United States, to suggest the name of the first chief of this bureau. Expenses of the bureau, including the salaries of the chief and his assistants, to be paid by the Pan American Union, in whose budget a corresponding increase shall be included.
3. The American governments are requested to instruct their diplomatic and consular officers and their commercial attachés to co-operate with the International High Commission and with the bureau.
The bureau shall be authorized to obtain in each country such expert assistance as may be necessary to the prosecution of its
work, the expenses thus incurred to be treated as a part of the expenses of the bureau.
4. The bureau shall make to the governing board of the Pan American Union, for distribution among the governments concerned, and to the International High Commission, an annual report.
The bureau shall make to the next International American Conference a full report of its proceedings up to that time, with recommendations as to future work.
Hon. WILLIAM C. REDFIELD, Chairman.
PEDRO RAFAEL RINCONES.
CHARLES S. HAMLIN.
COMMITTEE ON INTERNATIONAL LAW.
To the American Bar Association:
Your Standing Committee on International Law respectfully submits its annual report. Its report of last year went no further than August 5, the discussion of the great European and Asian War being deemed inexpedient in view of the President's proclamation of absolute neutrality. It is the purpose of your committee to adhere to the attitude of absolute neutrality invoked by the President.
In accordance with its practice of many years, it has tabulated and briefly enumerates the treaties negotiated, confirmed, or proclaimed by the United States and the main incidents affecting the international relations of our country since the preceding report:
1914. August 6. Nicaragua-United States. A new Nicaraguan Canal Treaty was signed.
Rev. of Revs. (N. Y.), 50, 294.
American Journal Int. Law, Vol. 8, p. 894. August 7. European War. The United States announced its neutrality in the war between Austria and Russia.
Americal Journal Int. Law, Vol. 8, p. 894. August 9. European War. Great Britain issued a list of articles she would treat as contraband of war.
American Journal Int. Law, Vol. 8, p. 894. August 10. European War. Germany issued a list of articles she would treat as contraband of war.
R. Gesetzb., No. 50, 1914.