Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-10-09
STATUS OF BILLSOf LADINGIS
FINEDBY ACTOR LAST CONGRESS

Relative to the legislation passed by
the last Congress on bills of lading
and the present legal status of them,
Bradstreet's on September 16 pub
lished the following:
A long step in advance in the direc-
tiCn of fixing the legal status of bills
OF lading has been taken by Congress
in the enactment of the federal bill of
lading law This act, the passage OF
which has been so long urged by the
American Bankers Association, covers
bills of lading for goods transported
In interstate and foreign commerce.
II provides, among other things, that
In the absence of lawful excuse, q car
rier must deliver goods upon demand
to the cOnsignee named in a straight
bill of lading therefor, or to the holder
of an order bill if the demand is &C.
companied by an offer to satisfy the
carriers lawful lien upon the goods,
to surrender the bill properly indorsed
and to sign receipt for the delivery
of the goods. Failure to deliver the
goods under such circumstances puts
upon, the carrier the burden of estah-
fishing a lawful excuse. The carrier
is liable when 1t delivers the goods TO
anyone not entitled to them, when its
proper agent is informed in time t.
stop delivery that the person claiming
the goods is not entitled to their pos
session, when it fails to cancel an
order bill on delivery except when
compelled by legal process, and when
it makes partial delivery and fails
TO take up and cancel the bill or TO
mark 1t with description of the par
tial delivery. Alterations, additions
or erasures made in bill after issue
without the authority of the carrier is
suing 1t arc void. Where a bill is
lost, stolen or destroyed, court Of
competent jurisdiction may order the
delivery of the goods covered under
proper conditions. The carrier Is
liable for non-deliVery when the title
hes not been transferred to it by the
consignor or consignee, or where it
has no lien ION the goods. Where two
or more persons claim title to the
goods the carrier may require them
to interplead. A carrier is not liable
for failure to deliver the goods after
they have been lawfully sold to satisfy
its lien, where they have not been
claimed, or when they are perishable
or hazardous.
OF special interest are the proYi-
sions of the law relating to the rights
of holders of bills of lading. Where
a bill Of lading is issued on behalf |
Of a carrier by an agent or employee
whose actual or apparent authority in
cludes the receiving of goods and is
suing bills of lading therefor, the car
rier is liable to the owner of goods /
covered in straight bill, or to a bona |
fide holder for value of an order bill |
The validity of the negotiation of d !
bill is not impaired by the fact that
such negotiation was breach of duty |
on the part of the person negotiating
it, or that the owner of the bill was |
deprived of it by fraud, accident, mis-
take loss, theft or, conversion. where /
the person to whom the bill was nego-
tiated gave value therefor in good /
faith without notice The right of
purchaser of an order bin in good
faith cannot be defeated by sellers /
lien CT right of stoppage in transitu,
and the carrier is not obliged to de-
liver, or justified in delivering, the
goods to an unpaid seller, unless the
bill is first delivered for cancellation.
The law Furnishes by fine or impriseE-
ment, or both, any person who, know
Ingly, or with intent to deffdud. falsely
makes, alters, FORCES, counterfeits,
prints or photographs any bill of lad
ing purporting to represent goods re-
ceiyed for shipment in interstate or
Icreign commerce, or who, with like
intent, utters or publishes as true and
genuine any hin known by him TO De
20 altered. forged or 5counterfeited. or
lids in altering the sane, or who nego-
iates for value a bill containing a
ialse statement as to the receipt OF
he goods covered by X ANY narsen
convicted CT any CT the acts mentioned
nay hp iInrlricpp,ad for fly.a xssssr-r ~