Page:United States Statutes at Large Volume 44 Part 1.djvu/1696

 § 99 A ~s1*1r1;.e 49.-1 claim, the carrier shall be excused from liability for refush to deliver the goods, either to the consignee or person in pc session of the bill or to the adverse claimant, until thecarri has had za treasénnble time to ascertain thevvalidity of tl adverse claim or to bring legal proceedings to compel wz claimants teinterplead. (Aug. 29, 1916,4:. 415, S 18, 39 St: 541.) _ ° `· _ ` ' 99. Failure to deliver; claim of third person as defense. "Except ns provided in theitwo preceding sections and in secti· S9 of this chapter, he `riglxt or title of a third person, `unle _ex1ferced $3* j legal proijess, shall be nl. defense to an `actlbrought by the consignee of `a straight bill or by the holder t nn order `bill against the carrierrfor failure to deliver ti · gbeds on demand, (-Aug. 29, 1916, c. 415, § 19, 39 Stet.·541.)_-; 100. Leading by ‘cnrrier; counting packages, etc.; ctmten of bill.——Wl1en_ goods are loadegl by 11 carrier Sueh carri shell count the packages at godds, if package freight, a1 1lSC€1`iHiI11 the kind and quantity if bulk freight, end such enrri .‘sl1alrn0t, in sueh cases, insert in the bm of lading or in az nqtice, receipt,‘c0ntract, r1ile,_regulation, or tarid, "`Shippe1 weight, r10'nd,__a11d c0unt," or other words of like purport, ina eating that the gcodé were loaded by theshipper and the E sbriptsiou of them made by him or in case bf bulk freight at ‘ freight not concealed by packages-tl1e_desc1‘iption made by hi If so inserted, contrary ‘t0 the provisions of this section, sa words shall be treated as null and void and as if not insert therein. (Aug. 29, 1916, c. 415, §.20, 39 Stat. 541.). _ 101. Lending by shipper; contents of bill; ascertainment kind and quantity bn request.-·-—When package freight or br freight is leaded by a shipper and the goods are described `a bill of lading merely by J1 statement of marks or labels up themor up<m_packnges.c0ntnining them, 01·'by n statement th the geedsnre said to be goodsbf n certain kimlor quantltyg iritarertnin condition', or it is stated in the bill of lading th packages me said to contain goods of a certain kind or quauti or in a certain (‘0Hditi.0ll, or that tlne contents or condition, of —t ·_ contents of packages ureunknown, 0l'.\VCll'(1S·0f like purport a contained in the bill of lading, such Stutements,'ifétrue, sh: not make liable the ·carrie1·` issuing the bill ot lading, elthon the goods are not Gt the kind"6i· quantity or in the conditi which the marks or labels upon them indicate, or of the ki or quantity or in the condition they were said to be·_by ·t censlgner. The carrier may also by inserting iugthe bjll lading the words “Shippers weight, load, nnd ccmnt,"` et Qt}: words ct like purport indicate that the goods were l0n_ded byft shipper end the description of them made by· him; and it su statement be true, the carrier shall not be liable for damng caused by thedmproper loading or by the mmreceipt orby t ` miedescriptien ot the goods described in the bill of jndin ‘Pr~bvided, heweeer, Where the shipper ot bulk, freight inetn and maintains adequate facilities ~ter weighing such treigi and the enme are available to the £‘8l’1’i€l',\ thenthe carrier, up written rwueet of eueh shipper and when given R reasons.! opportunity eo to de, shell ascertain the kind and quantity bulk freight within n reaeeneble time after such written 2 quest, and the carriers shell not in sueh canes insert in tlge L ot lading the `werdn "  welgl3t," or other werden! 11 pnrpcrt, and it so inserted contrary ate the prévlélene et tl eeetion, sem werde shall be trwted es rmll·and_reid and ee net inserted therein. (Au:. 29, 1916, .c.;\415; I 21,, 89 St ` 192. Liability fer nenreeelpt gr mimeecrlptlen at gendern bill et lading has been leaned by e carrier er en his heh: nutherity includes the receiving et geecle and leaning bills lading therefor ter, trenepcrtnticn in emnmeree. amen: t ·· several States and with terelgn nations, the earner shall liable te (A) . the owner ,e£ goods covered b;`a.é¤·hightY_l eubjectt te existing right et. stepwise in*u·sn¤ltn] er jh) t
 * » by an agent er_emp10,yee the ecepe et wheee actual or appear

·1z.42vs1>·01zm.r101v 1682 e ng holder of an order bill, who has given value in good faith, rely- Q »s- ing upon the description therein ot · the goods, for damages er caused by the nonreoelpt by the carrier of all or part ot the be goodsor their failure to correspond withthe description thereof 111 in the bill at the time of its issue. (Aug. 29, 1916, c. 415, § 22, xt. 39 Stat. 542.) O ‘ ~ ° k _ · 103. Attechmeut, etc., of goods delivered to carrier.-—.If, — `goods are delivered to a carrier by the owner or by :1 poron sou whose act lin conveying the title "to them to a_ purclmsor ess for value in good faith would bind the owner, em} on order on bill is issued, for-‘ them, they cam not thereafter, while in of the possession of the carrier, be attached by garnishment or he otherwise or-be leviecxupoil m1_der eu execution unless the bill i be H1'St\SUl‘i£¥Hd€I‘Bd to the carrieror its negotiation ehjoinetl; lts The carrier shall in no such ease be compelled to deliver the er actual possession of the goods until the bill is szxrrgndered to od him or impoimded by the; eourt. {Aug. 29, 1916, c. 415, 5 23, @61) 39 Stat. 542;) · 1 _ ,. , , ~ . ny 104. Remedies of creditor of owner of order bill.-—A creditor i r’s- whose debtor is the owner of on order bill shall be entitled to uli—‘ such aid from courts of appropriate jurisdiction by injunction, le, and otllerwisein attaching such bill or in satisfying thecleim nd by,meaus thereof as is allowed at law or in equity in regard m. to property which c,a11,11ot readily be attached or levied upon- Lid by ordinary legal process. (Aug. 29, 1916, c. 415, § 24, 39 seq' Stat. 542.). -  l _. _ ` 105. Lien of carr·ier.~——-If· an order bill is issxxeelithe carrier of- shall hose alien ongthe goods therein `meotiomo for all charges, xlk on, those goods for freight, storage, demurrage and terminal in- charges, and expenses necessary for the preservation of the on goods or incident to their trmisportetion subsequent to the lat date of the bill `aud all other eharges incurred in transporteor tion and delivery, unless the bill expressly emimerates other lot charges for wlxiche lien is claimed. . rn, such case there shell, tty also be alien for the_·ch_orges enumerated so for as theyfsre he allowed by law end the contract between the consignor sed the nre carrier. (Apg. 29, 191-6, c. 415, 5 25, 39 Stat. 542.) all 106. Liability afte§ sale to satisfy lien, etc.—»—After gootlse gh have been lawfully sold to satisfy e oerrier’s lien, or oe they have not been_.glaimed,o‘or because they ere perishable nd or hazardous, the carrier shall not thereafter be liable for he faililro to oenxver the `goods themselves to the consignee or, ot owner ot the goods, or to a holder ot the bill given for the ner` goods when they were shipped, even if such bill be en order bill. he (Aug. 29, 1916,·e. 415: 5 26, %_Stet. 542;)`_ _ _·. oh 107. Negotiation of order bill by ,delirery.+—A¤ order bill ges may be negotiated by delivery where, by the terms oi the. bill, lg: speciéed ‘person,· and such person or o subsequent imiorsee of olls the bill has indorsed it in blank, (Augw, 19-16, e. 415, S 27, ht, 39 Stat. 542.) J,. , . ` lon 108. — Negotiation of order bill by Endorsement.--—An order bill ble may be negotiated by the indorsemeot of the person to whose ot' eorder the goods ere `deliveroble by the tenor ot the bill. Such he  rsemeot may be in bleok or to s specmed person. It ie— llll `dorsed to e epokzmed person, it may be negotiated again by the Lke indorsement ei eueh person in bleak or to mother specified his, person. Subsequent oegotiatloo may be made. in like manner. it (Aug. 29, 1918, e. 415, I %, % Stht. 543,.) —. at., 1Q$. Transfer of bill by de§rery; ixegotiation Lof_ straight bm.-———;A bill may be transferred by the holtier by  delivery, -It oeeompenled with an agreement, express offimplledg to transfer all the title to the bill or to the goods represergted thereby. A mt `streightgbill can not he negotiated tree from existing equities, oi and the indorsement of such {bill Elves tlne transferee no eddie me 110. Negoiittion or order, bill Bj person in — possession.--—An — ml order bill may be oegotigted by my person mj possession or the _ me same, howevu suclé iox; may have   eeequlred, it bit
 * he the carrier undertakes ·to deliver the goods to the order of s
 * he tions! rigigt. »(_Aim. W, 1916, e._ 415, § %, 39 Stat. 5%,) _