RARE Billhead 1864 Brig Mary Cobb NY to Port Royal SC Shipping Horses Civil War for Sale

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RARE Billhead 1864 Brig Mary Cobb NY to Port Royal SC Shipping Horses Civil War For Sale

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RARE Billhead 1864 Brig Mary Cobb NY to Port Royal SC Shipping Horses Civil War:
$95.00

RARE Original Billhead / Bill of Lading

Shipping 8 Horses
from New York to Port Royal
Bixby & CompanyBrig Mary CobbCivil War
1864

For offer, a very nice old piece of ephemera! Fresh from an old prominent estate. Never offered on the market until now. Vintage, Old, Original - NOTa Reproduction - Guaranteed !!

Shipping horses from NY to Port Royal, South Carolina during the Civil War for S N ? Gragg. Oct 6 1864. Signed E.D. Cafferty at bottom. Agent at Port Royal - William Cantwell. Ink handwriting / signatures on printed document, printed by Cameron & Co, NY. In good tovery good condition. Fold marks, a few light wrinkles, age toning. Please see photos and scans for all details and condition. If you collect19thcentury Americana advertisement ad history, United States of America printing, American history, sailboat, ship, manuscript, Americana, transportation, military related, etc.this is a nice one for your paper or ephemera collection. Genealogy research importance as well. Combine shipping on multiple offer wins! 1823

A bill of lading (sometimes abbreviated as B/L or BoL) is a document issued by a carrier (or his agent) to acknowledge receipt of cargo for shipment. In British English, the term relates to ship transport only, and in American English, to any type of transportation of goods.[citation needed]

A bill of lading must be transferable,[1][2] and serves three main functions:

it is a conclusive receipt,[3] i.e. an acknowledgement that the goods have been loaded;[4] and

it contains or evidences[5] the terms of the contract of carriage; and

it serves as a document of title to the goods,[6] subject to the nemo dat rule.

Bills of lading are one of three crucial documents used in international trade to ensure that exporters receive payment and importers receive the merchandise.[7] The other two documents are a policy of insurance and an invoice.[8] Whereas a bill of lading is negotiable, both a policy and an invoice are assignable.

Description[edit]

A bill of lading is a standard-form document that is transferable by endorsement (or by lawful transfer of possession).[9] Most shipments by sea are covered by the Hague Rules, the Hague-Visby Rules or the Hamburg Rules, which require that the carrier must issue to the shipper a bill of lading identifying the nature, quantity, quality and leading marks[10] of the goods.

In the case of Coventry v Gladstone, Lord Justice Blackburn defined a bill of lading as \"A writing signed on behalf of the owner of ship in which goods are embarked, acknowledging the receipt of the Goods, and undertaking to deliver them at the end of the voyage, subject to such conditions as may be mentioned in the bill of lading.\" Therefore, it can be stated that the bill of lading was introduced to provide a receipt to the shipper in the absence of the owners.

History[edit]

While there is evidence of the existence of receipts for goods loaded aboard merchant vessels stretching back as far as Roman times,[11] and the practice of recording cargo aboard ship in the ship\'s log is almost as long-lived as shipping itself, the modern bill of lading only came into use with the growth of international trade in the medieval world.

The growth of mercantilism (which produced other financial innovations such as the charterparty (once carta partita), the bill of exchange and the insurance policy[12]) produced a requirement for a title document that could be traded in much the same way as the goods themselves. It was this new avenue of trade that produced the bill of lading in much the same form as we know today.

Although the term \"bill of lading\" is well known and well understood, it may become obsolete. Articles 1:15 & 1:16 of the Rotterdam Rules create the new term \"transport document\"; but (assuming the Rotterdam Rules come into force) it remains to be seen whether shippers, carriers and \"maritime performing parties\" (another new Rotterdam Rules coinage) will abandon the familiar term \"bill of lading\".

Roles and purposes of bill of lading[edit]

As cargo receipt[edit]

The principal use of the bill of lading is as a receipt issued by the carrier once the goods have been loaded onto the vessel. This receipt can be used as proof of shipment for customs and insurance purposes, and also as commercial proof of completing a contractual obligation,[13] especially under Incoterms such as CFR (cost and freight) and FOB (free on board).

There are two types where bill of lading can be used as carrier\'s receipt for goods.[14] The first is on board bill of lading, also known as clean bill of lading. Clean bill of lading is used when there is no discrepancy between description filled by shipper and the actual goods shipped on board. Clean bill of lading indicates that the goods have been properly loaded on board the carrier\'s ship according to the prima facie evidence. If the carrier finds out that the bill of lading is different from the goods on board, one can provide contradictory evidence on clean bill of lading. It is valid as long as in the hand of the carrier, but once it is transferred and negotiated to the third party, it cannot be rebutted and the carrier can no longer mark discrepancy. The second is claused bill of lading. Claused bill of lading is used when there is some discrepancy between description in the bill of lading and the actual goods. For claused bill of lading, one can mark only when the goods are loaded.

As evidence of the contract of carriage[edit]

The bill of lading from carrier to shipper can be used as an evidence of the contract of carriage by the fact that carrier has received the goods and upon the receipt the carrier would deliver the goods. In this case, the bill of lading would be used as a contract of carriage. In this case, the bill of lading can be used if shipper does not properly ship the goods then the shipper cannot receive the bill of lading from the carrier. Eventually, the shipper would have to deliver the bill of lading to the seller. In this case, the bill of lading is used as a contract of carriage between seller and carrier. However, when the bill of lading is negotiated to a bona fide third party then the bill of lading becomes a conclusive evidence where no contradictory evidence can be introduced. It is because the third party cannot examine the actual shipment and can only pay attention to the document itself, not survey or examination of the shipment itself.[14] However, the bill of lading will rarely be the contract itself, since the cargo space will have been booked previously, perhaps by telephone, email or letter. The preliminary contract will be acknowledged by both the shipper and carrier to incorporate the carrier\'s standard terms of business. If the Hague-Visby Rules apply, then all of the Rules will be automatically annexed to the bill of lading, thus forming a statutory contract.

As title[edit]

When the bill of lading is used as a document of title, it is particularly related to the case of buyer. When the buyer is entitled to received goods from the carrier, bill of lading in this case performs as document of title for the goods. There are two types of bill of lading that can perform as document of title. They are straight bill of lading and order bill of lading. Straight bill of lading is a bill of lading issued to a named consignee that is not negotiable. In this case, the bill of lading should be directed only to one specific consignee indicated on the bill of lading. Order bill of lading is the opposite from a straight bill of lading and there is no specific or named consignee. Therefore, an order bill of lading can be negotiated to a third party.

Simply, the bill of lading confers prima facie title over the goods to the named consignee or lawful holder. Under the \"nemo dat quod non habet\" rule (\"no one gives what he doesn\'t have\"), a seller cannot pass better title than he himself has; so if the goods are subject to an encumbrance (such as a mortgage, charge or hypothec), or even stolen, the bill of lading will not grant full title to the holder.

Types of bills of lading[edit]

Bills of lading may take various forms, such as on-board and received-for-shipment.[15]

An on-board bill of lading denotes that merchandise has been physically loaded onto a shipping vessel, such as a freighter or cargo plane.

A received-for-shipment bill of lading denotes that merchandise has been received, but is not guaranteed to have already been loaded onto a shipping vessel.(Typically, it will be issued by a freight-forwarder at a port or depot). Such bills can be converted upon being loaded.[16]

Charter-party bill of lading

Charter-party bill of lading, for a sulfuric acid bulk cargo

A straight bill of lading is used when payment has been made in advance of shipment and requires a carrier to deliver the merchandise to the appropriate party.

An order bill of lading is used when shipping merchandise prior to payment, requiring a carrier to deliver the merchandise to the importer, and at the endorsement of the exporter the carrier may transfer title to the importer. Endorsed order bills of lading can be traded as a security or serve as collateral against debt obligations.[17]

\"Claused\" bills of lading[edit]

A bill of lading that denotes that merchandise is in good condition upon being received by the shipping carrier is referred to as a \"clean\" bill of lading, while a bill of lading that denotes that merchandise has incurred damage prior to being received by the shipping carrier would be known as a \"foul\" or \"claused\" bill of lading. A claused bill of lading will have a statement (clause) written onto the bill of lading noting down any damage or other issues. Letters of credit usually will not allow for foul bills of lading,[17] and the buyer is not obliged to accept any bill of lading that is not clean.[18]

Bills of lading and charterparties compared[edit]

A charterparty governs the relationship between the shipowner and the charterer. The bill of lading governs the relationship between the shipper and the carrier (who will be either a shipowner or a demise charterer). If the exporter (the shipper) is shipping a small amount of cargo, he will arrange for a carrier to carry the goods for him, using a bill of lading. If the exporter needs the whole (or a very substantial part) of the ship\'s cargo capacity, the exporter may need to charter the vessel, and he will enter into a charterparty agreement with the shipowner.

If the charter party is a time or voyage charterparty, the shipowner will still have control of the ship and its crew. If there is a demise (or \"bareboat\") charterparty, the charterer will effectively have a long lease and will have full control of the vessel. If the master (the captain) issues a B/L to a shipper, he will be acting as an agent for the carrier, who will be either the shipowner (time or voyage) or the charterer (demise).

In a time-charterparty or voyage-charterparty, if the charterer is shipping his own cargo (rather than the cargo of a third party) he will receive a bill of lading from the master, acting as agent of the shipowner; but that B/L will serve solely as a receipt and document of title, and its terms will (subject to contrary intent) be secondary to the terms of the charterparty, which remains the dominant contract.[19]

Sea waybills and electronic data interchange (EDI)[edit]

Under Art. III of the Hague-Visby Rules, a carrier must, on demand, provide the shipper with a bill of lading; but if the shipper agrees, a lesser document such as a \"sea waybill\" may be issued instead. In recent years, the use of bills of lading has declined, and they have tended to be replaced with the sea waybill. (If a so-called bill of lading is declared to be \"non-negotiable\", then it is not a true B/L,[20] and instead will be treated as a sea waybill.)

The main difference between these two documents is that the waybill gives the bearer the right to possession of the cargo, but does not confer title in the goods. As a result there is no need for the physical document to be presented for the goods to be released. The carrier will automatically release the goods to the consignee once the import formalities have been completed. This results in a much smoother flow of trade, and has allowed shipping lines to move towards electronic data interchange which may greatly ease the flow of global trade.

For some time, it has been the case that the cargo may arrive at the destination before the bill of lading, and a practice has arisen for the shipper, having sent the bill of lading to the banks for checking, will send to the consignee a letter of indemnity (LOI) which can be presented to the carrier in exchange for the cargo. The LOI indemnifies the carrier against any cargo claim, but the document is not transferable and has no established legal status. For letter of credit and documentary collection transactions, it is important to retain title to the goods until the transaction is complete. This means that the bill of lading still remains a vital document within international trade.

Electronic bills of lading[edit]

For many years, the industry has sought a solution to the difficulties, costs and inefficiencies associated with paper bills of lading. One answer is to make the bill an electronic document.[21] An electronic bill of lading (or eB/L) is the legal and functional equivalent of a paper bill of lading.[22] An electronic bill of lading must replicate the core functions of a paper bill of lading, namely its functions as a receipt, as evidence of or containing the contract of carriage and as a document of title.[23]

The UK Carriage of Goods Act 1992 s.1(5) enables the trade minister to make regulations for electronic transactions. As yet, no such regulations have been made, as electronic interchange is already lawful. Electronic \"clubs\" such as BOLERO[24] have been quite successful, but the maritime trade community is traditional and loath to move away from paper transactions, so progress has been very slow. However, in recent times, it has been proposed that Blockchain technology may be the answer to cover the myriad steps in an export trade transaction, thereby enabling electronic transactions and information transfer that is both speedy and reliable.

Name[edit]

The word \"lading\" means \"loading\", both words being derived from the Old English word hladan.[25] \"Lading\" specifically refers to the loading of cargo aboard a ship.[26] Despite the etymology, \"bills of loading\" is not a synonym for \"bills of lading\".[citation needed] The Dutch word \"lading\" has exactly the same meaning (freight, cargo, an amount of transportable goods) as it has in the English \"Bill of lading\", but is not restricted to shipping.

Typical export transaction use INCOTERMS terms such as CIF, FOB or FAS, requiring the exporter/shipper to deliver the goods to the ship, whether onboard or alongside. Nevertheless, the loading itself will usually be done by the carrier himself or by a third party stevedore; (see Scruttons Ltd v Midland Silicones Ltd and NZ Shipping Co Ltd v A M Satterthwaite & Co Ltd - The Eurymedon).

See also[edit]

Law of Carriage of Goods by Sea

Trade finance

Waybill

A brig is a sailing vessel with two square-rigged masts. During the Age of Sail, brigs were seen as fast and maneuverable and were used as both naval warships and merchant vessels. They were especially popular in the 18th and early 19th centuries. Brigs fell out of use with the arrival of the steam ship because they required a relatively large crew for their small size and were difficult to sail into the wind. Their rigging differs from that of a brigantine which has a gaff-rigged mainsail, while a brig has a square mainsail with an additional gaff-rigged spanker behind the mainsail.Port Royal is a town on Port Royal Island in Beaufort County, South Carolina, United States. Largely because of annexation of surrounding areas (including Parris Island), the population of Port Royal rose from 3,950 in 2000 to 10,678 in 2010, a 170% increase.[3] As defined by the U.S. Census Bureau, Port Royal is included within the Hilton Head Island-Bluffton-Beaufort, SC Metropolitan Statistical Area. Port Royal is home to Marine Corps Recruit Depot Parris Island, and Naval Hospital Beaufort.HistoryPort Royal takes its name from the adjacent Port Royal Sound, which was explored and named by Frenchman Jean Ribault in 1562. Ribault founded the short-lived settlement of Charlesfort on Parris Island. The area later became the site of a Spanish and still later Scottish colony during the 17th century.
Port Royal was the site of the Naval Battle of Port Royal during the Civil War. Later during the war, it was the one of the sites of the Port Royal Experiment, which included most of the Sea Islands in Union hands. In 1863, the Emancipation Proclamation was first read at Christmas under the Proclamation tree in Port Royal.
Due to the benefits of a large and sheltered natural harbor, Port Royal was able to develop port facilities to support the growing phosphate mining activities after the Civil War. The Port Royal Railroad was completed from Port Royal to a junction with the main Charleston and Savannah Railway in Yemassee, thus establishing a land route for trade and commerce. Development of a community around the previously isolated port site at the end of the Beaufort River and Battery Creek led to the platting of streets and town lots by development interests. A land rush ensued, and Port Royal was officially incorporated in 1874, 300 years after initial settlement efforts.
The Sea Islands Hurricane of 1893 destroyed much of the phosphate industry and stunted development, but the port continued to operate throughout the 20th century. The opening of Parris Island as a Marine Corps recruiting station brought some vitality back to the community, though rapid residential growth did not occur until the later decades of the 20th century. The port\'s vitality however began to decline as the State of South Carolina began to focus on dredging Charleston\'s harbor and expanding port facilities further up the coast. In an effort to save costs, the State Ports Authority closed the port facility in Port Royal in 2004. Efforts to redevelop have been ongoing but been hampered by the Great Recession.
The Camp Saxton Site, Fort Frederick Heritage Preserve, Hasell Point Site, Little Barnwell Island, F.W. Scheper Store, and Union Church of Port Royal are listed on the National Register of Historic Places.[4]
Neighborhoods
Sands Beach boardwalkThe Old Village is the historic center of Port Royal. Streets running north-south are named after the capitals of nations whose immigrants have settled in the Port Royal area (Paris, London, Madrid, and Edinburgh). Paris Avenue is the primary commercial street in the Old Village. Immediately north of the Old Village is a low-density residential area known as Mossy Creek, which crosses over into incorporated areas of the city of Beaufort to the north. A large portion of Port Royal\'s population lives in the Preserve at Port Royal Apartments, in between the Old Village and Mossy Creek.
Historically, Port Royal\'s municipal boundaries were defined by Beaufort to the north, the Beaufort River to the east, Parris Island to the south, and Battery Creek to the west. Since the start of the 21st century however, Port Royal began to aggressively annex lands west and south of its core area, prompting controversy. Port Royal annexed Parris Island Marine Corps Base on October 11, 2000, effectively doubling the municipal population overnight due to on-base housing. Port Royal also annexed properties in the Shell Point and Burton areas of Beaufort County.
Challenges were filed, and the 2000 annexation of undeveloped Rose Island was to be heard by the South Carolina Supreme Court in 2005. Town representatives said the city annexed Rose Island because it was within the \"line of sight\" of the Doggett Tract, a group of islands off Shell Point already under the town\'s jurisdiction.[5]
In 2006, Port Royal annexed two tracts of land south of the Broad River based on the so-called line-of-sight rule.Nearby towns :CitiesBeaufort (county seat)TownsBlufftonHilton Head IslandPort RoyalYemassee (partly in Hampton County)Census-designated placesBurtonLaurel BayShell PointOther unincorporated communitiesBrighton BeachDaleFrogmoreLady\'s IslandLobecoParris CitySeabrookNamed islandsSome islands are also towns.
Barataria IslandBull IslandCallawassie IslandCane IslandCoosaw IslandDataw IslandDaufuskie IslandFripp IslandGrays HillHarbor IslandHilton Head IslandHunting IslandLady\'s IslandLemon IslandLittle Capers Island (uninhabited)Morgan IslandParris IslandPoppy HillPort Royal IslandPritchard Island (uninhabited research station)Saint Helena IslandSpring IslandSt. Phillips IslandWarsaw Island
The Battle of Port Royal was one of the earliest amphibious operations of the American Civil War, in which a United States Navy fleet and United States Army expeditionary force captured Port Royal Sound, South Carolina, between Savannah, Georgia and Charleston, South Carolina, on November 7, 1861. The sound was guarded by two forts on opposite sides of the entrance, Fort Walker on Hilton Head Island to the south and Fort Beauregard on Phillip\'s Island to the north. A small force of four gunboats supported the forts, but did not materially affect the battle.
The attacking force assembled outside of the sound beginning on November 3 after being battered by a storm during their journey down the coast. Because of losses in the storm, the army was not able to land, so the battle was reduced to a contest between ship-based guns and those on shore.
The fleet moved to the attack on November 7, after more delays caused by the weather during which additional troops were brought into Fort Walker. Flag Officer Du Pont ordered his ships to keep moving in an elliptical path, bombarding Fort Walker on one leg and Fort Beauregard on the other; the tactic had recently been used effectively at the Battle of Hatteras Inlet. His plan soon broke down, however, and most ships took enfilading positions that exploited a weakness in Fort Walker. The Confederate gunboats put in a token appearance, but fled up a nearby creek when challenged. Early in the afternoon, most of the guns in the fort were out of action, and the soldiers manning them fled to the rear. A landing party from the flagship took possession of the fort.
When Fort Walker fell, the commander of Fort Beauregard across the sound feared that his soldiers would soon be cut off with no way to escape, so he ordered them to abandon the fort. Another landing party took possession of the fort and raised the Union flag the next day.
Despite the heavy volume of fire, loss of life on both sides was low, at least by standards set later during the American Civil War. Only eight were killed in the fleet and eleven on shore, with four other Southerners missing. Total casualties came to less than 100.