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Session Laws, 1910 Session
Volume 487, Page 39   View pdf image (33K)
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BILLS OF LADING. 39

of like purport, indicate that the goods were loaded by the
shipper, and the description of them made by him; and if such
statement be true, the carrier shall not be liable for damages
caused by the improper loading or by the non-receipt or by the
misdescription of the goods described in the bill.

SEC. 24. If goods are delivered to a carrier by the owner or
by a person whose act in conveying the title to them to a pur-
chaser for value in good faith would bind the owner and a
negotiable bill is issued for them, they can not thereafter, while
in the possession of the carrier, be attached by garnishment or
otherwise, or be levied upon under an execution, unless the bill
be first surrendered to the carrier or its negotiation enjoined.
The carrier shall in no such case be compelled to deliver the
actual possession of the "goods until the bill is surrendered to
him or impounded by the court.

SEC. 25. A creditor whose debtor is the owner of a nego-
tiable bill shall be entitled to such aid from courts of appro-
priate jurisdiction by injunction and otherwise in attaching
such bill, or in satisfying the claim by means thereof, as is
allowed at law or in equity in regard to property which can not
readily be attached or levied upon by ordinary legal process.

SEC. 26 (Negotiable bill must state charges for which lien is
claimed). If a negotiable bill is issued the carrier shall have
no lien on the goods therein mentioned, except for charges on
those goods for freight, storage, demurrage and terminal
charges, and expenses necessary for the preservation of the
goods or incident to their transportation subsequent to the date
of the bill, unless the bill expressly enumerates other charges
for which a lien is claimed. In such case there shall also be a
lien for the charges enumerated, so f ar as they are allowed by
law and the contract between the consignor and the carrier.

SEC. 27. After goods have been lawfully sold to satisfy a
carrier's lien, or because they have not been claimed, or be-
cause they are perishable or hazardous, the carrier shall not
thereafter be liable for failure to deliver the goods to the con-
signee or owner of the goods, or to a holder of the bill given for
the goods when they were shipped, even if such bill be nego-
tiable.

SEC. 28. A negotiable bill may be negotiated by delivery
where, by the terms of the bill, the carrier undertakes to de-
liver the goods to the order of a specified person, and such per-
son or a subsequent indorsee of the bill has endorsed it in blank.

SEC. 29. A negotiable bill may be negotiated by the indorse-
ment of the person to whose order the goods are deliverable by
the tenor of the bill. Such indorsement may be in blank, or to a
specified person. If indorsed to a specified person, it may be


 

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Session Laws, 1910 Session
Volume 487, Page 39   View pdf image (33K)
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