The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-04-30

NO action shall be maintained on any
/ such bond unless within ninety days
| after the completion of the contract and
acceptance of the building by the proper
public authorities, the plaintiff shall
serve upon the principal and his sureties
and amount of his claim and the date
/ Of furnishing the last item thereof. nor
unless the action is begun within one
year after the service nf t sIcn aaat
be in force from and Ate after It's passage.
| Approved April ~, l9U9.
CHAPTER 414-s. F. NO. 434.
AN ACT relating to bills of lading.
Be 1t enacted by the Legislature of the
State of Minnesota:
Section 1. Order Bill of Lading De-
fned.-That whenever any common car
| Hereinafter termed carrlerJ snall issue a
bill of lading for the transportation Of
property from one place to another with
| in this state, or between places one of
which is within this state, which bill
J shall be, or purport to be, drawn to the
order of the shipper. or other specified
person, or which shall contain any state
ment or representation that the proper
| ty described therein is, or may be de-
liverable upon the order OF any person
S shsrsn an order BIZ of Iadn and
shall conform to the fono"ihg require
| ments:
(a) In connection with the name of
is deliverable, the words Order Of"
shall prominently appear in print on the
face Of the bill. thus Consigned to Or
| (b) The bill shall be printed on yell
low paper. s1s inches wide by IL inches
lej 1t shall contain on Its face the
this Original Order Bill of Lading prop
eriy Endorsed shall be required before
delivery of the property.
mot Negotiable" or words Of similar i'm
port. If such words are placed on an
Order Bill Of Lading. they shall be void
(e) Nothing herein shall be construed
to prohibit the Insertion in an Order
Bill of Lading of other terms or condi-
tons not inconsistent with the PROVISIONS
insert in such bill any terms or condi-
tons contrary to, or inconsistent with,
such provisions and It shall be uniaWI III
any term or condition limiting the liabil-
| ity Of such carrier for actual loss.
Sec. 2 Straight BIZ Bin % Of ,a Ldadng i De s
sued by a carrier for the transportation
of property from one place to another
within this state. or between places one
the whsn Is Sescrped is stated
| to be consigned or deliverable to spe-
| Gifted person. without any statement or
Representatives that such properly perry Is Is, con- nS
| person. Such bill shall be known as
| sStraight Bill of Lading' and shall con-
| tain the following requirements:
(a) The bill shall be printed on white
paper Sh inches wide by IL inches long.
(b) The bill shall have prominently
stamped upon its face the words mot
| (c) Nothing herein shall be construed
| to prohibit the insertion in Straight
| Bill of Lading of other terms or condl-
tions not inconsistent with the PROVISIONS ,si Ms
| insert in such bill any terms or condi-
| tons contrary to or inconsistent with
| such provisions.
ments.-Every carrier. or. officer, agent
Or servant of a carrier, who shall know
ingly- violate any. of the requirements
| (e) Of section / and in subdivisions (al
! (b) or (c) of section shall be guilty OF
| a misdemeanor and punishable by fine OF
| not more than one thousand dollars or
Imprisonment not more than one year. or
Sec. 4. Issue of False Bill or I'm
marked Duplicate Unlawful.-.t shall be
unlawful for any carrier or Tor any ON,
issue an Order Bill of Lading or
a Straight Bill of Lading, as defined by
this act, until the whole Of the property
| as described therein shall have been ac-
tually received and is at the time under
| the actual control of such carrier, to be
| transported Or to issue second or dup
Bill Of Lading for the same property. In
whole or in part, for which former bill
of lading has been issued and remains
and the faes of
the same the word "Duplicate."
Sec. 8. Penalty and Civil Liability for
Vlolation.-Every carrier Or officer.
ipgly violates the provisions of section 4,
OF this act and every person who nego-
tiates or transfers for value bill OF
in violation of said section A. shall be
guilty of misdemeanor and upon scon-
viction shall be punished by fine not ex-
eeeding ye tnousand collars OF r bntS
And every carrier who himself, or by
his officer, agent or servant authorized
to issue bills of lading, issues a. false or
the provisions of section Of this, act.
shall be estopped. as against all and ev-
cry person or persons injured thereby
Duplicate MnI a bill Of iading in good faith and
for value, to deny the receipt Of the
property as described therein, or to as
sert that a former bill of lading has
been issued and remains outstanding and
uncanceled for the. same property. as the
case may be; and such issuing carrier
shall be liable to any and every such
consequential, which he or they may have
Sustained because Of reliance upon such
bill, whether the person or persons guilty
of issuing or negotiating. such bill shall
have been convicted under this section
Sec. g. Penalty Upon Shipper without
Title-Every person who receives from a
carrier and fraudulently negotiates for
value an Order or Straight Bill of Lad
ing representing property to which he
had no, or an encountered title, at the
time of the negotiation of such bill, shall
ha o,1i1txz ne q rniSdpmeanQr and uDOu
CONVICTION shall be punished by fine not
exceeding five thousand dollars Or i'm
prisonment not exceeding five years.. or
both. Provided. however, that 1t shall
prosecution under this act that any per-
cused has complied with the require
msnts Of any lay Of the he u 9nna States es
the United States relating to uniform
bills of lading.
shall be unlawful for any carrier, or
deliver the property described in an Or
der Bill of Lading without requiring sur
render and making cancellation Of such
dorsing thereon a statement Of the prop
erty delivered; provided. that in lieu Of
such delivery, it shall be lawful for the
carrier, or his officer, agent or servant
in his behalf. to take from the person
to whom such property is delivered a
good, sufficient and valid bond in sum
double the value Of the property. con-
ditioned that such person shall within
carrier the original Order Bill Of Lading
issued for said property or shall pay the
value of said property to the carrier
a apSSn delivery deo Of said BOND as Aforesaid.
it shall be lawful for the carrier, or his
officer, agent or servant, to deliver the
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