Page:United States Statutes at Large Volume 44 Part 1.djvu/1695

 168; TI TLB 49.—-—TRA; Tm; section shall mit apply, however, to mcmorpndg or, kwkxwwledguichts of an i§lfo1‘I.D&l_ character. (Aug. 29, 1916, c. 415, §.=6, 39 Stat; 539.). · _ · c ‘ 87. Efect of insertioucf riame of perm; to be notified.- { Tlzc insertion ih han `O1°dBI°_ bill of the name of a person to be notified of thearrival of the goods shall not limit the negotinbilify of the .bi11_`0r.c0'i1stiti1té notie to a -purchgser thereof of any rights or equities of such person in the goods. (Aug.
 * 9, 1916, c. 415,·§ 7, 39-Stat. 539;) _. » - . · ._.

88. Duty 10. deliver goods on demand; refusal.-—·A. carrier, iu me abscucé of some lawful excuse, is bound tddelivcc `go0ds‘ upon a demand made ’citl;er» by the consignce named i_n the bill for the goods -0r, it the.bi1l is an order bill, by_ the holder mercof, if such a- demand is accompanied by=-- ° _  p , , (zi) Ah oEcr in good. faith` to satisfy `the .car1ile1}§' lawful Men upon the goods ;; " · _ . . _ _ (b) `Possessimr of the bill of lading and an qifcr in good faith to surrender, properly iudorséd, the bill which was issued for the goods, if the bill is an order bill; and — ` _ (c) A readiness and willingness to sign,`lwhe¤ the goods are delivered, an ackuowledgmcutc that they have been delivered, i£,such signature is_rc;1u¢stcd by the C&l°1‘i€1‘.,_ ` ‘~ V In case the carrier refqgcs cor fails to deliver the goods; ip compliance with a demand by the consignca or holder so accdmpanied,'. the burden- shall be uponi the carrier to establish the existence of a lawful excuse for such refusal ori fuilui·c.` (Aug. 29, 1916, c. 415, I 8,,39 Stal. 539.) · — ·` 89. Delivery; when justified.-y-A. carrier is justified, subject m·the_  ovisicps of the three following scctlops, in delivering; goods tggqe who is-, · _ · · ‘ · ” . (a) A pbrscn lawfully- entitled to .tbc possession {qt the g00ds, or »\ ‘ _. .· · _ ` (b) The ccnslgnce named in a straiglxtcblll fog the goods, on . (c)" A person in possession of up order bill for the goods, by the terms ot which the goods are deliverable itc his prder; ur which has been iudorscd to him, orciii blink by the concicucc, or by the? mcdlatc -01- immediate indorsce 01 · the comsigmzc. (Aug. 29, 1916, c. 415, { 9, 39 Sfht. 540.) _ ` `_ 99. Liability for delivery to person apt e¤titlcd·the1gctnQ——-· Where ‘a carrier delivcrs goods tb‘ oxié who is. nqt lawfully entitled to   www of them, the carrier shall bc liable mcnyccc having b. _ right ot property or posscssidudu the goods if he delivered the goodd otherwise than as &uth0rizcd~ by subdivisions (b) and (c) ·ot the prccedlng pcction; And, xmugb hc dclivcfcg the goods as   by: olthe: of said subdivisions, he shall be so liab I priunj t0· such deliveity he- _ . `_ _ _, , ·(a) Haclbeen requested, by‘0x· ~0x1_beh0.1£ o; a person `having n right ot property or .p0sscssi0¤ glu the gciods, not ~to make such delivery, or ·. . '_ f _ - ' (b) Had information at the time of the dclivgxy t.h¤t_ it was go a pcrsoh not lawfully cntitilod to the posscmion of thegoods. _,  .  Such request or infcrmctiori, to be eEcctlvc within the meaning cl this section, mxgdt bc given to an omccr 91- c-agent. of the carrier, {chg actual cx gpmrcut sccpc of srhcsc duties includes action um; mich an request ·0r_ information, and must glvcup in time to enable the caccr or agent to whom it is given, acting. with rmmnabh diligence, tc stop dclivciry of -the goods. (Aug, w, 1916, c. 415; | 10, 39 Stgt. 540.) ‘ _ . 91{ Ll&ty fm- dclivcry withal cancdlntlm of blll.-·——Ex·- ccpt: as pmvldcd in scctlcp 108 ct this ¢hapter, and gxccpt when compelled by jml process, it n carrier jlcllvcts ‘goods‘ ici- which an order bill h¤d’ hem issued, the nemtidtlcmkzt ` which would transfer the ‘right to the mn of the gwds, and tnils gn t•kc up md cancel the bill, such `cnrricr shall bc uIb1Q`fo1"f3u\1{‘9`t0'dBu¥B! tpc gbodé to anyone who tor value and in gcoq iaith purchases such pblll; whether such aa2w·=-A-m·--·1¤• ‘

NSPORTATIONQ § 93 purchaser acquired title to the bill betoreor after the delivery of the éoods bg the carrier and notwithstanding delivery was made to the person entitled thereto. (Aug. 29, 1916, e. 415, 5 11, 39 Stat. 540.)` · · 1 ` _ 92.` Liability in case of delivery of part of goods.-Except as provided in section 106 of this chapter, and except when compellccl by legal process, if a carrier delivers part of tlxegoods. for which an order bill had been `issued and jfails either-- ` (a)" To take up and-cancel the bill, or /· (b)`To place plainly upon it estatement thata portion of _ the goods has- been delivered with a description which may be ln `goneral.terms_ either of the- goods `or packages that have been so delivered or of tlao goods or packages which still re? main in the carrie1·’s_ poééession, he shall be liable for failure to deliver gll the goodsr specified in the bill to anyone who for value and in good faith purchases it, whether such purchaser acquired title to it before or `after the delivery of any portion of the goods by the carrier, and notwithstanding such delivery was` made to the person entitled thereto. ‘ (Aug. 29, 1916, c. 415, _§ -12, 39 Stat. 540.) . 93. Alteration of bill.——.·&ny_‘alteratloo, addition, or erasure in ·o. bill after its. issue without authority from the carrier `igsuiugothe samelcitherin writing or noted; on the bill, shall be void. whatever be the namre and purpose of the change, _aud the bill shall be enforceable according to its original tenor. (Aug. 29, 1916, c. 415, -5 13, so sm; 54o.> — _ ` *94. Logs, etc., of bill;. delivery .of goods on order of . court.-··—·Whcré·'an order bill has been lost, stolen, or destroyed :1 court of competent jurisdiction may order the delivery of the ` goods upon eatisfactory proof of- such loss, theft, or destruction and upon the giving of a bond, with sutHolex1t_surcty, to heapproved by thecoixrt, toprotect theoarrier or any person injured bi such delivery from arxy_llability_or loss incurred by reason·of_ the original tgl_ll remelnlng outstanding. The court may also in l its discretion order tHe payment of the carrier`s reasonable costs “ dud counsel fees :` Provided, A voluntary indemnifying bond  without order of courtlshell be binding on the parties .tl;iereto.. ` I. The delivery of the goods under an order of the colnrt, as  provided in this section, shall not relieve- the carxr from l liablllty to i person to whom the order bill has be shell l be negotiated for value without- notice, of the proceedings or of__the delivery of the goods. (Aug. 29, 1916, c. 415, 5 14, 39 · ; lStnt.540.)‘ ·»  _·   x ;_c ' 95. Liability. on bill marked “ duplicate."·—~—-A bill, upon the face of which the word. f‘ duplicate " or some other word or E words indicating that thegdocumont is not amoriginal bill is _ placed, plainly `ehell·lm;iése upon the carrier iééulug tho same the llnbllltj ol one who represents and warrants vthut such. .bi11 is an accurate copy of an original bill properly issued, but no other -l;ie.bility. (Aug; 29,; 1918; c. -115, §‘ 15, 39 Stat. -541.) ‘ 98l Claim of title ss exculse for refund to deliver.-¤—~No title to goods or right to their poésessfon asserted by a carrier for his own benefit shell excuse him from llebillty for refusing to deliver the goods geeording to the terms ot a bill issued for them, unless such title or right is derived dlmctly or indirectly _ from 6. transfer made by the corrsignor or oonslgnee after the ~ shipment, or_ from the carriers lien. * (Aug. 29,`1916, c. 415; { 18, 39·Stat.·541.) _ ? _ _ —_ “ 97. Interpleader of condlcting cl•lmn11ts;·——Ig more than one pereoir claim the title or possessionlgif goods, the carrier uney require all known claimants to lnterplead, either as- a defense to an action brouklit against him for. pomlelivery of the goods or ee an original suit, whichever is appropriate. (Aug. 1916, c. $15;} 17, 39 Stat. 541.). I l. _. 98, Reasonable time for procedure allowed in case of adyeme claim.--If some one other than the congignee or the per- E sesslou of the goods, and the carrier has information of such
 * 1) 011 in ·p0s.session of the bill has al clelrp to the title or pos.-—