rum mzvousmam. ~ 39
the bills of lading referred to therein were signed and the flour
received for shipment._ ‘ · n
G. M. Stewart and Paul Bakewell, for plaintiff.
Garland at Pollard, for defendants. A ‘
Tamer, D. J. The purpose of these demurrers is to call for an
interpretation of the bills of lading, and the liabilities of the respect-;
ive parties thereunder. Possibly the question presented may not,
for technical reasons, fully arise on the demurrers, yet as the defend-
ants stand on the contracts exhibited and count thereon,.the·c0urt
states that the contract as executed, despite some inconsistent terms
therein printed, and-despite the designation by the agent that he
signed the same, "agent severally, but not jointly, " bind each and all
of the parties for the safe delivery at the place of destination of the
property shipped. Such it is- held is the true construction, in the V
light of the better authorities, now put on contracts like these here
presented. See Railroad C0. v. Milla, 22 Wall. 594; _Hutch.AGarr.
§§ 146, 152; Bank, etc., v. Adams Ex. Co. 93 U.S. 174; Myrick v.-. _
Michigan Cent. R. Co. 7 Rep. 229; Ry. Oo. v. Pratt, 22 Wall. 123,
130; Lawson, Cont. Carr. 343. See, also, note to Snider v. Express
Co. 4 Cent. Law. J. 179, 180, 181; Hooper v. Wells, 5 Am. Law Beg. ’
(N. S.) 16, with notes by Judge Redfield; 2 Am. Law Rev. 426.
Reference is made by defendants to Citizen! Ins. Oo. v. Kountz, 10 ,
Fran. Bur. 768, which it is supposed presents a different view. S0
far as the statute of Missouri (Rev. St. 1879, p. 95) may or may not V
affect the rights of parties under circumstances like these here pre-
sented, it must suffice to state that it is in accord with the general
doctrine here announced.
The demurrers are sustained.
 
[nu Dmvousmnm. ‘ »
(C’•rc•ult Oourt, D. Oregon. July 28, 1882., »
1. Bmnms ON S’1‘EAM·VESSEL8» I V
The provisions of section 2 of the act of March 8, 1855, (10 St. 716; section
4255, Rev. St.,) relating to the construction and occupation of berths on vessels
carrying passengers from foreign ports to the United States, are not deemed
applicable to steam-vessels.
» 2. Rn-nusorimm or STATUTE—FOBMER Cousmucrrou or rr. _
Where a statute has received a judicial construction and is afterwards re-en-
‘ acted by the legislature of the same or another country, it is presumed to have
been passed as construed. -