Sec.11. A common carrier is bound to receive from any person paying or tendering the freight charges, such goods as he is accustomed to carry, and as are offered for the place to which he carries. But he may refuse to receive them if he is full, or if they are dangerous to be carried, or for other good reasons. He may refuse to take them unless the charges are paid; but if he agrees to take payment at the end of the route, he may retain them there until the freight is paid. A carrier must deliver freight in a reasonable time; but he is not liable for loss by the freezing of a river or canal during his voyage, if he has used due diligence.
Sec.12. Proprietors of a stage coach do not warrant the safety of passengers as common carriers; and they are not responsible for mere accidents to the persons of the passengers, but only for the want of due care. Slight fault, unskillfulness, or negligence, either as to the sufficiency of the carriage, or to the driving of it, may render the owner responsible in damages for injury to passengers. But as public carriers, they are answerable for the loss of a box or parcel of goods, though ignorant of its contents, unless the owner fraudulently conceals the value or nature of the article, or deludes the carrier by treating it as of little or no value. Public carriers are responsible for the baggage of their passengers, though they advertise it as being at the risk of the owners.
Principal and Agent, or Factor; Broker; Lien, &c.
Sec.1. An agent, or factor, is a person intrusted with the management of the business of another, who is called principal. The words agent and factor both signify a deputy, a substitute, or a person acting for another; but agent seems to be the more comprehensive term, being applied to one who is intrusted by another with any kind of business; factor more properly denotes an agent employed by merchants residing in other places to buy and sell, and transact certain other business on their account. A factor, from his being commissioned or authorized to act for his principal, and especially if allowed a commission, or a certain rate per cent, of the value of the goods bought or sold, is called a commission merchant.
Sec.2. If a factor advances money on property intrusted to him, he can hold it until the money shall be refunded, and all charges paid. If the actual owner of the property is unknown to the factor, the person in whose name the goods were shipped, is to be deemed the owner.
Sec.3. The right of a factor to hold property against the owner in satisfaction of a demand, is called lien; and the factor may sell the goods to satisfy his claim; but he must pay the surplus, if any, to the principal or owner. A factor can not pledge goods intrusted to him for sale, as security for his own debts. If he disposes of merchandise intrusted or consigned to him, and applies the avails to his own use, with intent to defraud the owner, he may be punished by fine and imprisonment.