Page:United States Statutes at Large Volume 108 Part 2.djvu/636

 108 STAT. 1352 PUBLIC LAW 103-272—JULY 5, 1994 transit) or to the holder of a negotiable bill if the owner or holder gave value in good faith relying on the description of the goods in the bill or on the shipment being made on the date shown in the bill. (b) NONLIABILITY OF CARRIERS.— A common carrier issuing a bill of lading is not liable under subsection (a) of this section— (1) when the goods are loaded by the shipper; (2) when the bill— (A) describes the goods in terms of marks or labels, or in a statement about kind, quantity, or condition; or (B) is qualified by "contents or condition of contents of packages unknown", "said to contain", "shipper's weight, load, and count", or words of the same meaning; and (3) to the extent the carrier does not know whether any part of the goods were received or conform to the description. (c) LIABILITY FOR IMPROPER LOADING.—^A common carrier issuing a bill of lading is not liable for damages caused by improper loading if— (1) the shipper loads the goods; and (2) the bill contains the words "shipper's weight, load, and count", or words of the same meaning indicating the shipper loaded the goods. (d) CARRIER'S DUTY TO DETERMINE KIND, QUANTITY, AND NUM- BER.— (1) When bulk freight is loaded by a shipper that makes available to the common carrier adequate facilities for weighing the freight, the carrier must determine the kind and quantity of the freight within a reasonable time after receiving the written request of the shipper to make the determination. In that situation, inserting the words "shipper's weight" or words of the same meaning in the bill of lading has no effect. (2) When goods are loaded by a common carrier, the carrier must count the packages of goods, if package freight, and determine the kind and quantity, if bulk freight. In that situation, inserting in the bill of lading or in a notice, receipt, contract, rule, or tariff, the words "shippers weight, load, and count" or words indicating that the shipper described and loaded the goods, has no effect except for freight concealed by packages. §80114. Lost, stolen, and destroyed negotiable bills (a) DELIVERY ON COURT ORDER AND SURETY BOND. —I f a negotiable bill of lading is lost, stolen, or destroyed, a court of competent jurisdiction may order the common carrier to deliver the goods if the person claiming the goods gives a surety bond, in an amount approved by the court, to indemnify the carrier or a person injured by delivery against liability under the outstanding original bill. The court also may order payment of reasonable costs and attorney's fees to the carrier. A voluntary surety bond, without court order, is binding on the parties to the bond. (b) LIABILITY TO HOLDER. —Delivery of goods under a court order under subsection (a) of this section does not relieve a common carrier from liability to a person to whom the negotiable bill has been or is negotiated for value without notice of the court proceeding or of the delivery of the goods.

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