« PředchozíPokračovat »
§ 440b. Bill of Lading Act.-Transportation Included in Act.-Bills of lading issued by any common carrier for the transportation of goods in any Territory of the United States, or the District of Columbia, or from a place in a State to a place in a foreign country, or from a place in one State to a place in another State, or from a place in one State to a place in the same State through another State or foreign country shall be governed by this Act.
Section 1 Bill of Lading Act.
Traffic between points in one state but passing through another state is interstate commerce. Section 69, ante.
§ 440c. Straight Bill of Lading. A bill in which it is stated that the goods are consigned or destined to a specified person in a straight bill. Section 2 Bill of Lading Act.
$ 410d. Order Bill of Lading; Negotiable.—A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is an order bill. Any provision in such bill or in any notice, contract, rule, regulation, or tariff that it is nonnegotiable shall be null and void and shall not effect its negotiability within the meaning of this Act unless upon its face and in writing agreed to by the shipper.
Section 3 Bill of Lading Act.
§ 440e. Certain Order Bili!s.-Order bills issued in a State for the transportation of goods to any place in the United States on the Continent of North America, except Alaska and Panama, shall not be issued in parts or sets. If so issued, the carrier issuing them shall be liable for failure to deliver the goods described therein to any one who purchases a part for value in good faith, even though the purchase be after the delivery of the goods by the carrier to a holder of one of the other parts: Provided, however, That nothing contained in this section shall be interpreted or construed to forbid the issuing of order bills in parts or sets for such transportation of goods to Alaska, Panama, Porto Rico, the Philippines, Hawaii, or foreign countries, or to impose the liability set forth in this section for so doing.
Section 4 Bill of Lading Act.
§ 440f. Indorsement on Order Bill.—When more than one order bill is issued in a state for the same goods to be transported to any place in the United States on the Continent of North America, except Alaska and Panama, the word “duplicate,' some other word or words indicating that the document is not an original bill, shall be placed plainly upon the face of every such bill except the one first issued. A carrier shall be liable for the damage caused by his failure so to do to anyone who has purchased the bill for value in good faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill: Provided, however, That nothing contained in this section shall in such case for such transportation of goods to Alaska, Panama, Porto Rico, the Philippines, Hawaii, or foreign countries be interpreted or construed so as to require the placing of the word “duplicate' thereon, or to impose the liabilities set forth in this section for failure so to do.
Section 5 Bill of Lading Act.
§ 440g. Indorsement on Straight Bill of Lading.–A straight bill shall have placed plainly upon its face by the carrier issuing it “nonnegotiable” or “not negotiable."
This section shall not apply, however, to memoranda or acknowledgments of an informal character.
Section 6 Bill of Lading Act.
$ 440h. Insertion of Name of Person to be Notified. The insertion in an order bill of the name of a person to be notified of the arrival of the goods shall not limit the negotiability of the bill or constitute notice to a purchaser thereof of any rights or equities of such person in the goods.
Section 7 Bill of Lading Act.
§ 440i. Duty of Carrier to Deliver Goods on Demand.—A carrier, in the absence of some lawful excuse, is bound to deliver goods upon a demand made either by the consignee named in the bill for the goods or, if the bill is an order bill, by the holder thereof, if such a demand is accompanied by
(a) An offer in good faith to satisfy the carrier's lawful lien upon the goods;
(b) Possession of the bill of lading and an offer in good faith to surrender, properly indorsed, the bill which was issued for the goods, if the bill is an order bill; and
(c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the carrier.
In case the carrier refuses or fails to deliver the goods, in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or failure.
Section 8 Bill of Lading Act.
§ 440j. Persons to Whom Carrier May Deliver Goods.--A carrier is justified, subject to the provisions of the three following sections, in delivering goods to one who is
(a) A person lawfully entitled to the possession of the goods, or
(b) The consignee named in a straight bill for the goods,
(c) A person in possession of an order bill for the goods, by the terms of which the goods are deliverable to his order, or which has been endorsed to him, or in blank by the consignee, or by the mediate or immediate indorsee of the consignee.
Section 9 Bill of Lading Act.
§ 440k. Liability of Carrier in Case of Delivery of Goods to Wrong Person.- Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to any one having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section; and, though he delivered the goods as authorized by either of said subdivisions he shall be so liable if prior to such delivery he-
(a) Had been requested, by or on behalf of a person having a right of property or possession in the goods, not to make such delivery, or
(b) Had information at the time of the delivery that it was to a person not lawfully entitled to the possession of the goods.
Such request or information, to be effective within the meaning of this section, must be given to an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a request or information, and must be given in time to enable the officer or agent to whom it is given, acting with reasonable diligence, to stop delivery of the goods.
Section 10 Bill of Lading Act.
§ 4401. Liability of Carrier to Purchaser of Order Bill.—Except as provided in section twenty-six, and except when compelled by legal process, if a carrier delivers goods for which an order bill has been issued, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the bill, such carrier shall be liable for failure to deliver the goods to any one who for value and in good faith purchases such bill, whether such purchaser acquired title to the bill before or after the delivery of the goods by the carrier and notwithstanding delivery was made to the person entitled thereto.
Section 11 Bill of Lading Act.
$ 440m. Liability in Case of Part of Goods.—Except as provided in section twenty-six, and except when compelled by legal process, if a carrier delivers part of the goods for which an order bill had been issued and fails either
(a) To take up and cancel the bill, or
(b) To place plainly upon it a statement that a portion of the goods has been delivered with a description which may be in general terms either of the goods or packages that have been so delivered or of the goods or packages which still remain in the carrier's possession, he shall be liable for failure to deliver all the goods specified in the bill to any one who for value and in good faith purchases it, whether such purchaser acquired title to it before or after the delivery of any portion of the goods by the carrier, and notwithstanding such delivery was made to the person entitled thereto.
Section 12 Bill of Lading Act.
$ 440n. Alterations.-Any alteration, addition, or erasure in a bill after its issue without authority from the carrier issuing the same, either in writing or noted on the bill, shall be void, whatever be the nature and purpose of the change, and the bill shall be enforceable according to its original tenor,
Section 13 Bill of Lading Act.
@ 4400. Courts May Order Delivery of Goods on Loss of Order Bill of Lading.- Where an order bill has been lost, stolen, or destroyed a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss, theft, or destruction and upon the giving of a bond, with sufficient surety, to be approved by the court, to protect the carrier or any person injured by such delivery from any liability or loss incurred by reason of the original bill remaining outstanding. The court may also in its discretion order the payment of the carrier's reasonable costs and counsel fees : Provided, a voluntary indemnifying bond without order of court shall be binding on the parties thereto.
The delivery of the goods under an order of the court, as provided in this section, shall not relieve the carrier from liability to a person to whom the order bill has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods. Section 14 Bill of Lading Act.
440p. Liability of Carrier on Bill of Lading Indorsed "Duplicate.”—A bill, upon the face of which the word “duplicate'' or some other word or words indicating that the docu ment is not an original bill is placed, plainly shall impose upon the carrier issuing the same the liability of one who represents and warrants that such bill is an accurrate copy of an original bill issued, but no other liability.
Section 15 Bill of Lading Act.