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Session Laws, 1910 Session
Volume 487, Page 38   View pdf image (33K)
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38 LAWS OF MARYLAND.
signer or consignee after the shipment, or from the carrier's
lien.

SEC. 20. If more than one person claims the title or posses-
sion of goods, the carrier may require all known claimants to
interplead, either as a defense to an action brought against him
for non-delivery of the goods, or as an original suit, whichever
is appropriate.

SEC. 21. If some other than the consignee or person in pos-
session of the bill has a claim to the title or possession of the
goods, and the carrier has information of such claim, the car-
rier shall be excused from liability for refusing to deliver the
goods either to the consignee or person in possession of the bill,
or to the adverse claimant, until the carrier has had a reason-
able time to ascertain the validity of the adverse claim or to
bring legal proceedings to compel all claimants to interplead.

SEC. 22. Except as provided in the two preceding sections
and in Section 12, no right or title of a third person, unless en-
forced by legal process, shall be a defense to an action brought
by the consignee of a non-negotiable bill or by the holder of a
negotiable bill against the carrier for failure to deliver the
goods on demand.

SEC. 23. If a bill of lading has been issued by a carrier, or
on his behalf by an agent or employee, the scope of whose actual
or apparent authority includes the issuing of bills of lading,
the carrier shall be liable to—

A. The consignee named in a non-negotiable bill; or

B. The holder of a negotiable bill,

Who has given value in good faith, relying upon the descrip-
tion therein of the goods, for damages caused by the non-receipt
by the carrier, or a connecting carrier, of all or part of the
goods, or their failure to correspond with the description
thereof in the bill at the time of its issue.

If, however, the goods are described in a bill merely by a
statement of marks or labels upon them or upon packages con-
taining them, or by a statement that the goods are said to be
goods of a certain kind or quantity, or in a certain condition,
or it is stated in the bill that packages are said to contain
goods of a certain kind or quantity, or in a certain condition, or
that the contents or condition of the contents of packages are
unknown, or words of like import are contained in the bill,
such statements, if true, shall not make liable the carrier issu-
ing the bill, although the goods are not of the kind or quantity,
or in the condition which the marks or labels upon them indi-
cate, or of the kind or quantity or in the condition they were
said to be by the consignor. The carrier may also, by inserting
in the bill the words "shipper's load and count," or other words


 

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Session Laws, 1910 Session
Volume 487, Page 38   View pdf image (33K)
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