SEC. 2194. Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to Secs. 2118 to 2122, for the loss or injury thereof from any cause whatever, except

1. An inherent defect, vice or weakness, or a spontaneous action, of the property itself.

2. The act of a public enemy of the United States or of this State.

3. The act of the law; or,

4. Any irresistible superhuman cause.

N. Y. C. C., Sec. 1154.

SEC. 2195. A common carrier is liable, even in the cases excepted by the last section, if his ordinary negligence exposes the property to the cause of the loss.

N. Y. C. C., Sec. 1155.

Liability of riers for loss.

inland car

When exemptions do

not apply.

for delay.

SEC. 2196. A common carrier is liable for delay, only Liability when it is the effect of his ordinary negligence.

N. Y. C. C., Sec. 1156.

SEC. 2197. A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire.

N. Y. C. C., Sec. 1157.

Liability carriers.

of marine

SEC. 2198. The liability of a common carrier by sea is Same. further regulated by Acts of Congress.

Perils of sea, what.

1. Storms and waves.

2. Rocks, shoals and rapids.

3. Other obstacles, though of human origin.

4. Changes of climate.

5. The confinement necessary at sea.

6. Animals peculiar to the sea; and,

7. All other dangers peculiar to the sea.

N. Y. C. C., Sec. 1159.

SEC. 2200. A common carrier of gold, silver, platina or precious stones, or of imitations thereof, in a manufactured or unmanufactured state, of time-pieces of any de

Consignor to declare

of valuables

their nature.

Delivery of freight be. yond usual route.

Proof to be given in case bf loss.

Carrier's services, other than

carriage and delivery.

scription, of negotiable paper or other valuable writings, of pictures, glass or China ware, is not liable for more than fifty dollars upon the loss or injury of any one package of such articles, unless he has notice, upon his receipt thereof, by mark upon the package or otherwise, of the nature of the freight.

Modified from the English Carriers' Act of 1830. The Act of Congress (March 3, 1851,) does not include so many articles.

N. Y. C. C., Sec. 1160.

SEC. 2201. If a common carrier accepts freight for a place beyond his usual route, he must, unless he stipu lates otherwise, deliver it at the end of his route in that direction to some other competent carrier, carrying to the place of address, or connected with those who thus carry, and his liability ceases upon making such delivery.

N. Y. C. C., Sec. 1161.

SEC. 2202. If freight, addressed to a place beyond the usual route of the common carrier who first received it, is lost or injured, he must, within a reasonable time after demand, give satisfactory proof to the consignor that the loss or injury did not occur while it was in his charge, or he will be himself liable therefor.

This clause is intended to save the consignor from the risk of mistaken actions, by compelling the carrier to give proof that another is liable, the fair presumption being against him.

N. Y. C. C., Sec. 1162.

SEC. 2203. In respect to any service rendered by a common carrier about freight, other than its carriage and delivery, his rights and obligations are defined by the Titles on Deposit and Service.

N. Y. C. C., Sec. 1163.

Order of transmission

ARTICLE IV.

COMMON CARRIERS OF MESSAGES.

SECTION 2207. Order of transmission of telegraphic messages.

2208. Order in other cases.

2209. Damages when message is refused or postponed.

SEC. 2207. A carrier of messages by telegraph must.

of telegraph if it is practicable, transmit every such message immedi

ic messages.

ately upon its receipt. But if this is not practicable, and several messages accumulate upon his hands, he must transmit them in the following order:

1. Messages from public agents of the United States or of this State, on public business.

2. Messages intended in good faith for immediate publication in newspapers, and not for any secret use.

3. Messages giving information relating to the sickness. or death of any person.

4. Other messages, in the order in which they were received.

N. Y. C. C., Sec. 1164.

NOTE.-Secs. 2207, 2209, 2161, 240 and 242 of this Code, must be examined and adjusted.

other cases.

SEC. 2208. A common carrier of messages, otherwise Order in than by telegraph, must transmit messages in the order in which he receives them, except messages from agents of the United States or of this State, on public business. to which he must always give priority. But he may fix upon certain times for the simultaneous transmission of messages previously received.

N. Y. C. C., Sec. 1165.

SEC. 2209. Every person whose message is refused or postponed, contrary to the provisions of this chapter, is entitled to recover from the carrier his actual damages, and fifty dollars in addition thereto.

New. Such a provision is needed to protect the rights of parties who are seriously annoyed by delays which nevertheless cannot be shown to have caused them pecuniary damage.

N. Y. C. C., Sec. 1166.

Damages sage is repostponed.

when mes

fused or

TITLE VIII.

TRUST.

CHAPTER I. TRUSTS IN GENERAL.

II. TRUSTS FOR THE BENEFIT OF THIRD PERSONS.

Trusts clas. sified.

Voluntary' trust, what.

Involuntary trust, what.

Parties to

the contract.

ARTICLE I.

NATURE AND CREATION OF A TRUST.

SECTION 2215. Trusts classified.

2216. Voluntary trust, what.

2217. Involuntary trust, what.

2218. Parties to the contract.

2219. What constitutes one a trustee.

2220. For what purpose a trust may be created.

2221. Voluntary trust, how created as to trustor.

2222. How created as to trustee.

2223. Involuntary trustee, who is.

2224. Involuntary trust resulting from negligence, etc.

SEC. 2215. A trust is either

1. Voluntary; or,

2. Involuntary.

N. Y. C. C., Sec. 1167.

SEC. 2216. A voluntary trust is an obligation arising out of a personal confidence reposed in, and voluntarily accepted by one, for the benefit of another.

A trust is defined by Story as an equitable title to property (Eq. Jur., Sec. 964). But this is a very narrow defi nition. So far as his obligations are concerned, a technical trustee stands upon the same footing with a confidential agent or adviser, a guardian, etc., and there is little differ ence, so far as business relations are concerned, between his position and that of a husband, wife, parent, or attor ney. The confidence reposed is the essence of the relation, and it will be found, by reference to the numerous cases cited in the course of this Title, that little or no distinction is made between trustees, strictly so called, and any other persons who accept the personal confidence of another. N. Y. C. C., Sec. 1168.

SEC. 2217. An involuntary trust is one which is created by operation of law.

N. Y. C. C., Sec. 1169.

SEC. 2218. The person whose confidence creates a trust, is called the trustor; the person in whom the con

fidence is reposed is called the trustee; and the person for whose benefit the trust is created is called the benefi

ciary.

Lewis, Hill, and other writers, call the creator of the trust the "settlor," a very objectionable word. Trustor is an English word (see Webster's Dictionary, where it is spelled "truster"), and is entirely applicable to the person who creates a trust.

N. Y. C. C., Sec. 1170.

SEC. 2219. Every one who voluntarily assumes a rela. tion of personal confidence with another is deemed a trustee, within the meaning of this chapter, not only as to the person who reposes such confidence, but also as to all persons of whose affairs he thus acquires information which was given to such person in the like confidence, or over whose affairs he, by such confidence, obtains any control.

N. Y. C. C., Sec. 1171.

What constitrustee.

tutes one a

For what

trust may be created.

SEC. 2220. A trust may be created for any purpose for which a contract may lawfully be made, except as other purpo wise prescribed by the Titles on Uses and Trusts and on Transfers.

N. Y. C. C., Sec. 1172.

SEC. 2221. Subject to the provisions of Sec. 852, a voluntary trust is created, as to the trustor and beneficiary, by any words or acts of the trustor, indicating with reasonable certainty

1. An intention on the part of the trustor to create a trust; and,

2. The subject, purpose and benefi iary of the trust.

N. Y. C. C., Sec. 1173.

Voluntary created as

trust, how

to trustor.

as to trustee.

SEC. 2222. Subject to the provisions of Sec. 852, a vol- How created untary trust is created, as to the trustee, by any words. or acts of his, indicating with reasonable certainty

1. His acceptance of the trust, or his acknowledgment, made upon sufficient consideration, of its existence; and, 2. The su ject, purpose and beneficiary of the trust.

N. Y. C. C., Sec. 1174.

SEC. 2223. One who wrongfully detairs a thing is an Involuntary involuntary trustee thereof, for the benefit of the owner.

This is a familiar principle of equity in cases of title gained through fraud, mistake, undue influence, or the violation of a trust (Brown vs. Lynch, 1 Paige, 117; Wood vs.

trustee,

who is,