【正文】
頭到碼頭提單 ? On deck bills of lading 艙面提單 ? Stale bills of lading 過期提單(提單簽發(fā)日期 21天后提交的提單);先期裝運提單(簽發(fā)日期在輸入許可證核發(fā)日期之前的提單);失效提單 ? Clean bills of lading 清潔提單 ? Dirty bills of lading 不潔提單 ? Order bills of lading 指示提單 在提單“收貨人”一欄內(nèi)不 填寫具體收貨人名稱,而填 寫“ to order” 字樣。 a The goods are handed over only against surrender of the bill of lading and the holder is primafacie the person entitled to receive the goods. ? The bills of lading are normally issued in sets of three. ? The ship?s master usually keeps a copy (the fourth) without signature on it on file as record of the business. 憑提交提單發(fā)貨,提單 持有人是正當(dāng)收貨人。如果有任何損壞,提單上必須附有一個有關(guān)問題的批注。 4. If the applicant does not give expressly instruction, the bank concerned will firmly apply “Article 34”, that is, a “dirty” clause will not be accepted and a “clean” clause will not be rejected, for a bank must judge a transport document by the Article and by the specific instructions, if any, contained in the particular credit. 如果申請人沒有明確的指示,有關(guān)銀行將 堅決執(zhí)行第 34條款,即不接受不潔條款和 不拒絕清潔條款,因為銀行必須根據(jù)第 34 條款和信用證里的特別指示,如果有的話, 來判斷運輸單據(jù)。 ? A bank may therefore be reluctant to advance money against documents that include a liner waybill. 因此銀行可能不愿意憑包括班輪運單在內(nèi)的單據(jù)提供貸款。 2. Shortform bills of lading function as full bills of lading, and in particular they are considered to be documents of title. 簡式提單的功能與全式提單一樣,尤其也被看成是物權(quán)證書。 ? cheques These checks are frequently used by persons journeying in this country and abroad. There are two types in mon use. Instruments of the first type are drawn by a person, usually a customer, to whom they are issued, in favour of ?self or order?. They are countersigned by the issuing bank. countersign 復(fù)簽 Instruments of the second type are drawn by the issuing bank upon itself. Each correspondent of the bank is supplied direct with authority to cash them together with specimen instruments and facsimile signatures of its signing officials. To guard against fraud, the customer is generally required to write in his name on each travellers? cheque in the presence of the issuing bank and to countersign each instrument in the presence of the correspondent. The two signatures are then pared. Travellers? checks have been held by courts in the United States to be negotiable, but there does not appear to be reported English decision upon this subject. 5. Treasury Bills These bills were first issued under the provisions of the Treasury Bills Act 1877. The practice is for the Treasury to advertise for tenders, and the bills are issued at the best price that can be obtained for them. ? tender 投標(biāo)人 There does not appear to be any decision of the courts recognizing Treasury bills as negotiable instruments, but they are similar in form and purpose to earlier instruments known as Exchange bills, which were first issued in 1696 and were recognized in 1820 as negotiable. Hence there would seem to be no doubt that Treasury bills are negotiable. 6. Bearer Bonds A bond, in the widest legal sense, is any obligation under seal, but for present purpose, the obligation is that of repaying a sum of money. ? obligation 債務(wù) If the bond promises payment to bearer, the instrument is a bearer bond. As early as 1824 bearer bonds issued by the King of Prussia were recognized as negotiable by the English courts. ? bearer bond 無記名債券 The question whether English bonds were negotiable gave rise to a good deal of litigation during the second half of the nieenth century. The oute of this litigation was that English bonds were eventually recognized as negotiable. ? litigation 打官司,訴訟 In 1904 it was held that various bearer bonds, some issued by an English pany in English and others by foreign panies abroad, were negotiable and that the usage was so well established that it was no longer necessary to prove it in evidence. 7. Warehousekeepers? Warrants Private Acts of Parliament have made some warehousekeepers? warrants fully negotiable instruments. ? Warehousekeepers? Warrants倉庫管理員棧單( =dock warrant 碼頭倉單)進口貨物存入碼頭倉庫時,由倉庫簽發(fā)給貨主或其代理人的正式收據(jù)。 ? Private Acts (英國國會)私營法例 There are some instruments which possess the first two characteristics of a negotiable instrument, but not the third。 ? Turn the following into English: 1. 物權(quán)憑證 2. 準(zhǔn)可轉(zhuǎn)讓票據(jù) 3. 貨物的描述 4. 運輸合同 5. 標(biāo)志和編號 6. 簡式提單 7. 全式提單 8. 已裝船提單 9. 不潔提單 10. 班輪貨運單 11. 空運單 12. 裝運公司 13. 承運人收據(jù) 14. 包裝的體積 15. 要求獲得貨物 16. 狀況良好 17. 缺損狀態(tài) 18. 訂購的品種和