Page:United States Statutes at Large Volume 39 Part 1.djvu/563

 542 SIXTY—FOURTH CONGRESS. Sess. I. Ch. 415. 1916. weight, load, and count, " or other words of hke purport indicate that the goods were loaded bg the shipper and the description of them made by him; and if suc statement be true, the carr1er shall not be liable for damages caused by the improper loading) or by the ponrecei t or b the misdescri tion of the goods described in the bill of Proviso. - P Y- M ‘ 1 nspmmmzy wm lading: Provided, however ere the shi r of bulk freight mstal s §},"",,*’°,,,,," ?°,,,,°"“ "°“"" and maintains adequate facilities for weighing such freight, and the same are available to the carrier, then the carrier, upon wr1tten request of such shipper and when dgiven azreasonable opportunity so to do, shall ascertain the kind an quantity of bulk reight withm_a reasonable time after such written request, and the earners shall not in such cases insert in the bill of ladipfg the words "Sh1pper’ s weight, " or other words of like purport, and so inserted contrary to the provisions of this section,  words shall be treated as null and void _ _ and as if not inserted therein. _ _ _ b,L.‘2l’§I$i’,,S.L.€°'"” Sec. 22. That if a bill of lading has been issued by a carrier or on his · behalf by an agent or employee the scope of whose actual or ap arent authority includes the receiving of goods and issuing bills 0 lading therefor for transportation in commerce among) the several States and with foreign nations, the carrier shall be lia le to (a) the owner of goods covered by a straight bill subject to existing right of stopp in transitu or (b) the holder of an order bill, who has given vg; in good faith, relying upon the description therein of the goods, for damages caused by the nonreceépt lg the ca.rrier of all or part of the goods or their failure to correspon wi the description thereof in the _ ill at the time of its issue. _ _ um? °°°i°" SEO. 23. That nf g90dS 81*6 del1vered_to·a carrier by the owner or by a.£erson whose act m conveying the title to them to a purchaser for v ue in good faith would bmd the owner, and an order bill is issued for them, they can not thereafter, while in the ossession of the carrier, be attached by garnishment or otherwise or ile 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 imippun ed by the court. ,,};,2,*f,Q ""““ °' _Sec. 24. at a cre 1tor whose debtor is the owner of an order bill shall be entitled to such aid from courts of appropriate jurisdiction by injgmction and otherwise in attachinv such lllll or in satisfyi the claim y means thereof as is allowed at laaw or in equity in regalrld to property which can not readily be attached or levied upon by _ _, ordinary leval process. ,,,§;f“"‘°"’°'"°’ ’ Sec. 25. lfhat if an order bill is issued the carrier shall have a ` lion on the goods therein mentioned for all charges on those goods for freight storage, demurrage and terminal charges, and expenses necessary for the preservation of the oods or incident to their transportation subsequent to the date of the bill and all other charges incurred in transportation and delivery, 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 far as they are allowed by law and the contract between the consignor and _ b the carrier. grES§rE€.—H1°ivh£iril H S50 25- Tlwt ¤·ft61' goods have been lawfully sold to satigf a. carr1er’s hen, or because they have not been claimed or because they are iperishable or hazardous, the carrier shall not thereafter be liable for ailure to deliver the goods themselves to the consignee 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 an order bill. ,,,;‘?‘°"““°° °‘ °'d“ Sec. 27. That an order bill ma be ne otiat ‘ . . Y g Bd by dehv where, Bleek ·¤<i<¤S•=¤¤¤¤*- py ttihe tesms of the billécghe carrier undertakes to deliverefhre goods o eor ero as ec erson, and such e iudorsee of the bill lies indogsed it in blank. P mon or al s“bs°q“"”l