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10. The whole confusion in the argument which has been addressed to me on behalf of the defendant has been created by reason of the fact that in Section 2, Sub-section (4), of the Indian Sale of Goods Act, the railway receipt for the purpose of. the definition of a document of title to goods has been placed in juxtaposition with a bill of lading. The "document of title to goods'" in that definition includes a bill of lading, dock-warrant, warehouse-keeper's certificate, wharfinger V certificate, railway receipt, warrant or order for delivery of goods and any other document used in the ordinary, course of business as proof of the possession or control of goods or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the; document to transfer or receive goods thereby represented. As regards Bills of lading they occupy a pecular position not only by reason of the law merchant but also by reason of the enactment of the Bills of Lading Act, 1855 (19 & 19 Vie. e. Ill) in England and the Bills of Lading Act (IX of 1856) in India. At common law a bill of lading was not negotiable like a bill of exchange, so as to enable the endorsee to maintain an action upon it in his. own; name, the effect of the endorsement being only to transfer the property in the goods but not the contract itself. As Alderson B. observed in Thompson v. Daminy (1845) 14 M. & W. 403 (p. 408) :-