234
LAWS OF MARYLAND
[Ch. 49
(5) The carrier may satisfy his lien from the
proceeds of any sale pursuant to this section but must
hold the balance, if any, for delivery on demand to any
person to whom he would have been bound to deliver the
goods.
(6) The rights provided by this section shall be in
addition to all other rights allowed by law to a creditor
against his debtor.
(7) A carrier's lien may be enforced in accordance
with either subsection (1) or the procedure set forth in
subsection (2) of § 7—210.
(8) The carrier is liable for damages caused by
failure to comply with the requirements for sale under
this section and in case of willful violation is liable
for conversion.
7—309. Duty of care; contractual limitation of carrier's
liability.
(1) A carrier who issues a bill of lading whether
negotiable or non-negotiable must exercise the degree of
care in relation to the goods which a reasonably careful
nan would exercise under like circumstances. This
subsection does not repeal or change any law or rule of
law which imposes liability upon a common carrier for
damages not caused by its negligence.
(2) Damages may be limited by a provision that the
carrier's liability shall not exceed a value stated in
the document if the carrier's rates are dependent upon
value and the consignor by the carrier's tariff is
afforded an opportunity to declare a higher value or a
value as lawfully provided in the tariff, or where no
tariff is filed he is otherwise advised of such
opportunity; but no such limitation is effective with
respect to the carrier's liability for conversion to its
own use.
(3) Reasonable provisions as to the time and manner
of presenting claims and instituting actions based on the
shipment may be included in a bill of lading or tariff.
SUBTITLE 4. WAREHOUSE RECEIPTS AND BILLS OF LADING:
GENERAL OBLIGATIONS.
7—401. Irregularities in issue of receipt or bill or
conduct of issuer.
The obligations imposed by this [subtitle] TITLE on
an issuer apply to a document of title regardless of the
fact that
|