676

LAWS OF MARYLAND

[Ch. 49

A BILL OF LADING, RECEIPT, ACKNOWLEDGMENT, OR VOUCHER FOR
TRANSPORT OF ANY GOODS IF, AT THE TIME THE INSTRUMENT IS
ISSUED, THE PERSON HAS NOT ACTUALLY RECEIVED THE GOODS
FOR TRANSPORT.

(B) AN OFFICER, AGENT, OR EMPLOYEE OF A CARRIER MAY
NOT ISSUE OR AID IN ISSUING A BILL OF LADING FOR ANY
GOODS:

(1)   WITH INTENT TO DEFRAUD; AND

(2)   WITH KNOWLEDGE THAT, AT THE TIME THE BILL
OF LADING IS ISSUED, THE GOODS:

(i) HAVE NOT BEEN RECEIVED BY THE CARRIER,
ITS AGENT, OR A CONNECTING CARRIER; OR

(ii) ARE NOT UNDER THE CARRIER'S CONTROL.

REVISOR'S NOTE: Subsection (a) of this section is
new language derived without substantive
change from Art. 27, §160.

Subsection (b) of this section is new language
derived without substantive change from Art.
14, §44.

The Commission notes that the language of
these two provisions, as well as the penalties
prescribed for violations of each, contained
certain substantive differences, although
their purposes are basically the same. For
example, subsection (a) of this section
applies to any "person," whether or not he has
an intent to defraud, and subjects him to a
minimum fine of $1,000 (see §18-401(a)); on
the other hand, subsection (b) of this section
applies only to "carrier" — personnel who act
"with intent to defraud," and, while subject
to imprisonment, has no minimum penalty
attached to it (see, §18-401(b)). The
Legislature may consider repealing one or the
other of these subsections or consolidating
the desirable features of each into one
uniform prohibition. Alternatively, the
Legislature may wish to amend the applicable
penalty provisions.

18-202. ISSUANCE OF DUPLICATE BILLS OF LADING NOT SO
MARKED.

AN OFFICER, AGENT, OR EMPLOYEE OF A CARRIER MAY NOT
ISSUE OR AID IN ISSUING A DUPLICATE OR ADDITIONAL
NEGOTIABLE BILL OF LADING FOR ANY GOODS IN VIOLATION OF