« PředchozíPokračovat »
feree to the goods and the right to acquire the obligation of the carrier may be defeated by garnishment or by attachment or execution upon the goods by a creditor of the transferor, or by a notification to the carrier by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.
A carrier has not received notification within the meaning of this section unless an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a notification, has been notified; and no notification shall be effective until the officer or agent to whom it is given has had time, with the exercise of reasonable diligence, to communicate with the agent or agents having actual possession or control of the goods.
Section 32 Bill of Lading Act.
§ 440gg. Compelling Indorsement of Order Bill.-- Where an order bill is transferred for value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires a right against the transferor to compel him to indorse the bill, unless a contrary intention appears. The negotiations shall take effect as of the time when the indorsement is actually made. This obligation may be specifically enforced.
Section 33 Bill of Lading Act.
§ 440hh. Warranties Extend to Negotiation of Bill for Value.--A person who negotiates or transfers for value a bill by indorsement or delivery, unless a contrary intention appears, warrants
(a) That the bill is genuine;
(c) That he has knowledge of no fact which would impair the validity or worth of the bill;
(d) That he has a right to transfer the title to the goods, and that the goods are merchantable or fit for a particular purpose whenever such warranties would have been implied if the contract of the parties had been to transfer without a bill the goods represented thereby.
Section 34 Bill of Lading Act.
§ 410ii. Liability of Indorser for Acts of Carrier or Previous Indorsers.--The indorsement of a bill shall not make the indorser liable for any failure on the part of the carrier or previous indorsers of the bill to fulfill their respective obligations.
Section 35 Bill of Lading Act.
@ 440jj. Warranties by Mortgagee.—A mortgagee pledgee or other holder of a bill for security who in good faith demands or receives payment of the debt for which such bill is security, whether from a party to a draft drawn for such debt or from any other person, shall not be deemed by so doing to represent or warrant the genuineness of such bill or the quantity or quality of the goods therein described.
Section 36 Bill of Lading Act.
$ 440kk. Bona Fide Purchaser of Bill Wrongly Negotiated. -The validity of the negotiation of a bill is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the bill was deprived of the possession of the same by fraud, accident, mistake, duress, loss, theft, or conversion, if the person to whom the bill was negotiated, or a person to whom the bill was subsequently negotiated, gave value therefor in good faith, without notice of the breach of duty, or fraud, accident, mistake, duress, loss, theft, or conversion.
Section 37 Bill of Lading Act.
$ 44011. Negotiation of Order Bill by Mortgagor.- Where a person, having sold, mortgaged, or pledged goods which are in a carrier's possession and for which an order bill has been issued, or having sold, mortgaged, or pledged the order bill representing such goods, continues in possession of the order bill, the subsequent negotiation thereof by that person under any sale, pledge, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation.
Section 38 Bill of Lading Act.
§ 440mm. Superior Rights of Bona Fide Purchaser of Order Bill.—Where an order bill has been issued for goods no seller's lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such bill has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier who issued such bill of the seller's claim to a lien or right of stoppage in transitu. Nor shall the carrier be obliged to deliver or justified in delivering the goods to an unpaid seller unless such bill is first surrendered for cancellation.
Section 39 Bill of Lading Act.
§ 440nn. Lien Valid.—Except as provided in section thirtynine, nothing in this Act shall limit the rights and remedies of a mortgagee or lien holder whose mortgage or lien on goods would be valid, apart from this Act, as against one who for value and in good faith purchased from the owner, immediately prior to the time of their delivery to the carrier, the goods which are subject to the mortgage or lien and obtained possession of them.
Section 40 Bill of Lading Act.
$ 41000. Forgery or Counterfeiting Bill of Lading; Penalty. - Any person who, knowingly or with intent to defraud, falsely makes, alters, forges, counterfeits, prints or photographs any bill of lading purporting to represent goods received for shipment among the several States or with foreign nations, or with like intent utters or publishes as true and genuine any such falsely altered, forged, counterfeited, falsely printed or photographed bill of lading, knowing it to be falsely altered, forged, counterfeited, falsely printed or photographed, or aids in making, altering, forging, counterfeiting, printing or photographing, or uttering or publishing the same, or issues or aids in issuing or procuring the issue of, or negotiates or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any other matter, or who, with intent to defraud, violates, or fails to comply with, or aids in any violation of, or failure to comply with any provision of this Act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished for
each offense by imprisonment not exceeding five years, or by a fine not exceeding $5,000, or both.
Section 41 Bill of Lading Act.
A conviction may be had under this section. United States v. Ferger, 250 U. S. —, 63 L. Ed. -, 39 Sup. Ct.
§ 440pp. Definitions.-First. That in this Act, unless the context of subject matter otherwise requires—
"Action" includes counterclaim, set-off, and suit in equity. “Bill” means bill of lading governed by this Act.
“Consignee" means the person named in the bill as the person to whom delivery of the goods is to be made.
“Consignor” means the person named in the bill as the person from whom the goods have been received for shipnient.
“Goods” means merchandise or chattels in course of transportation or which have been or are about to be transported.
“Holder' of a bill means a person who has both actual possession of such bill and a right of property therein.
“Order” means an order by indorsement on the bill.
“Person” includes a corporation or partnership, or two or more persons having a joint or common interest.
To “purchase'' includes to take as mortgagee and to take as pledgee.
“State" includes any territory, district, insular possession, or isthmian possession.
Section 42 Bill of Lading Act.
$ 440qq. Retroactive Effect. The provisions of this Act do not apply to bills made and delivered prior to the taking effect thereof.
Section 43 Bill of Lading Act.
$ 440rr. Invalidity of Part of Act.-The provisions and each part thereof and the sections and each part thereof of this Act are independent and severable, and the declaring of any provision or part thereof, or provisions or part thereof, or section or part thereof, unconstitutional shall not impair or render unconstitutional any other provision or part thereof or section or part thereof.
Section 44 Bill of Lading Act.
Section 45 makes the Act effective January 1, 1917,
§ 441. Carrier, as Used in This and Next Eleven Section, Defined.—That as used in this section the term “carrier" means a common carrier by railroad (except a street, suburban, or interurban electric railway which is not operated as part of a general steam railroad .system of transportation) which is subject to this Act, or any corporation organized for the purpose of engaging in transportation by railroad subject to this Act.
Section 441 to 441k are taken from section 20a of Interstate Commerce Act and were added by section 439 Transportation Act 1920. This section is paragraph 1.
§ 441a. Security Issues Regulated.–From and after one hundred and twenty days after this section takes effect it shall be unlawful for any carrier to issue any share of capital stock or any bond or evidence of interest in or indebtedness of the carrier (hereinafter in this section collectively termed "securities') or to assume any obligation or liability as lessor, lessee, guarantor, indorser, surety, or otherwise, in respect of the securities of any other person, natural or artificial, even though permitted by the authority creating the carrier corporation, unless and until, and then only to the extent that, upon application by the carrier, and after investigation by the Commission of the purposes and uses of the proposed issue and the proceeds thereof, or of the proposed assumption of obligation or liability in respect of the securities of any other person, natural or artificial, the Commission by order authorizes such issue or assumption. The Commission shall make such order only if it finds that such issue or assumption: (a) is for some lawful object within its corporate purposes, and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the carrier of service to the public as a common carrier, and which will not impair its ability to perform that service, and (b) is reasonably necessary and appropriate for such purpose.
Paragraph 2 section 20a.