Page:United States Statutes at Large Volume 39 Part 1.djvu/561

 540 SIXTY-FOURTH CONGRESS. Sess. I. Cris. 415. 1916. the burden shall be upon the carrier to estabhsh the existence of a lawful excuse for such refusal or failure. _ _ _ ,,§°“"°" °“°l"°d °° Sec. 9. That a carrier is yustrfied, subyect to the provisions of the d my three following sections, in delivering goods to one who is- °‘"“"· (a) A person lawfully entitled to the possession of the goods, or C°”S*$“°°· (b) The consignee named in a straight bill for the goods, or Elu"°”°“°°' °l (c) A person m possession of an order b1ll_for the goods, bg the M or terms of which the goods are deliverable to  order; or whrc has been indorsed to him, or in blank  the eonsrgnee, or by the mediate or immediate indorsee of the consryee. _ hLj§,§§f,¥,,,f;’§,y““““‘ Sec. 10. That where a earner ehvers goods to one who rs not t 0 i lawfully entitled to the possession of them, the earner shall be liable . to anyone having a right of property or possession in the goods 1f he delivered the goods officrwise than as authorized by subdivisions (b) D°“"°‘Y°“*"”°*l°°· and (c) of the receding section ;’ and, though he dehvered the gpods as authorized  either of said subdivisions, he shall be so ha le if prior to such de `very he- _ _ ‘ _ _ BY wm- (a) Had been requested, by or on behalf of a person having arrght of ro or possession in the goods, not to make such delivery, or ¥¤f°¤¤¤**¤¤ Wim- 8)) ilflhlilrinformation at the time of the delivery that it was to a, person not lawfully entitled to the possession of the goods. _ N°°*°°”¤“*”¤°“*~*· Such request or information,ito be effective within the meaning of this section, must be given to an officer or agent of the carrier, the actual or a_p arent scope of whose duties includes action upon such a request or rniformation, md must be given in time to enable the officer or agent tp vsgrom is given, acting with reasonable diligence, to stop delivery o the go s. L*“l"°’ ll bm ml Sec. 11. That exec t as vided in section twenty-six and except u d ed. 2 ullsr-gfnwmm when compelled by lelgal pgddess, if a carrier delivers goods for which an order bill had been issued, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancelgthe bill, such carrier shall be liable for failure to deliver the goods to anyone who for value and in good faith purchases such bill, whether such purchaser  title to the bill before or after the delivery of the goods by the carrier and notwithstanding delivery was made to the person entitled thereto. l’"“°‘ ‘*°“"'Y· Sec. 12. That except as provided in section twenty-six, and except “°‘*“"°“‘°““· when compelled by legal process, if a carrier delivers part of the goods for which an order bi had been issued and fails either- °°°°°““8 l’“· (a) To take up and cancel the bill, or dj;?_fmj’¤* °' Pm (b) To (place p ainly upon it a statement that a ortion of the goods has been elivered with a description which maylbe in general terms either of the goods or packages that have been so delivered or of the __ goods or pac ages which stil remain in the carrier’s ossession, he l·*¤b“*°Y ’°’ “‘“’°· shall be liable for failure to deliver all the goods speciged in the bill to anyone who for value and in ood faith purchases it, whether such purchaser acquired title to it belore or after the delivery of an portion of the goods by the carrier, and notwithstanding such delivery was made to the person entitled thereto. vogwmriws. etc-. l Sec. 13. That any alteration, addition, or erasure in a bill after its ` issue without authority from the carrier issuing the same, either in writing or noted on the bill, shall be void, whatever be the nature and purpose of the change, and the bill shall be enforceable according to its original tenor. igggiéggg;-={g5¤;_;>S¤;ji Sec. 14. That where an order bill has been lost, stolen, or destroyed orderoi com a court of competent jurisdiction may order the delivery of the goods uponsatrsfactorty proof of such loss, theft, or destruction and upon the giving of a ond, with sufficient surety, to be approved b the court, to protect the carr1er_ or ar1y person injured b such dellve from_any liability or loss incurred by reason of the original bid remaining outstanding. The court may also in its discretion order