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Session Laws, 1910 Session
Volume 487, Page 37   View pdf image (33K)
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BILLS OF LADING. 37

SEC. 15. Except as provided in Section 27, and except when
compelled by legal process, if a carrier delivers part of the
goods for which a negotiable 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
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.

SEC. 16. 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 should be
enforceable according to its original tenor.

SEC. 17. Where a negotiable bill has been lost or destroyed,
a court of competent jurisdiction may order the delivery of the
goods upon satisfactory proof of such loss 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.

The delivery of the goods under an order of the court, as pro-
vided in this section, shall not relieve the carrier from liability
to a person to whom the negotiable bill has been or shall be
negotiated for value without notice of the proceedings or of the
delivery of the goods.

SEC. 18. A bill upon the face of which the word "duplicate"
or some other word or words indicating that the document 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 accurate copy of an original bill,
properly issued, but no other liability.

SEC. 19. No title to goods or right to their possession, as-
serted by a carrier for his own benefit, shall excuse him from
liability for refusing to deliver the goods according to the
terms of a bill issued for them, unless such title or right is de-
rived, directly or indirectly, from a transfer made by the con-


 

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Session Laws, 1910 Session
Volume 487, Page 37   View pdf image (33K)
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