The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12

change, and the bill shall be enforos-
able according to Its original tenor.
Section II Where a negotiable
bill has been lost or destroyed, court
| of competent Jurisdiction may order
the delivery of the goods upon salts
| factory proof of such loss or destruo-
ton and upon the giving of bond
with sufficient surety to be approved
| by the court to protect the carrier or
any person injured by such delivery
| from any liability or loss incurred by
| reason of the original bill remaining
| outstanding The court may also In
it's discretion order tho payment of
the carriers reasonable costs and
! counsel fees.
The delivery of the goods under an
| order OF the court as provided In this
section shall not relieve the carrier
! from liability to person to whom
/ the negotiable bill has been or shall
! be negotiated for value without
notice of the proceedings or OF the de-
/ livery of the goods.
Section Is. A bin upon the face of
which the word duplicate" or some
| other word or words indicating that
| the document Is not an original bill is
placed plainly shall impose upon tho
| carrier Issuing the same the liability
of one who represents and warrants
i that such bill Is an accurate copy OF
an original bill properly issued. but
no other liability.
Section 10. No title to goods or
| TlKnt TO InelT POSSESSION, aS5sIicu ny
a carrier for his own benefit, shall ex-
cuse him from liability for refusing
to deliver the goods according to the
! terms of a bill issued for them. unless
! such title or right Is derived directly
or indirectly from transfer made by
1.-THE consignor or conSignee after the
shipment. or from the carriers lien.
Section 20. If more than one per.
son claims the title or possession OF
goods. the carrier may require all
| known claimants to lnterplead. either
as defence to an action brought
against him for non delivery of goods,
or az an original suit, which ever Is
appropriate.
Section 2l II some one other than
the consignee or person In possession
of the bill has claim to the title or
rier has information of such claim.
the carrier shall be excused from
liability for refusing to deliver the
! goods either to the consignee or per-
son in possession of the bill. or to the
adverse claimant. until the carrier
has had a reasonable time to ascer-
tain the validity of the adverse claim
or to bring legal proceedings to com
pei all claimants to interplead.
Section 20. Except as provided in
| the two preceding sections ahd in
section twelve no right or title of a
| third person unless enforced by legal
process shall be a defence to an &C
ton brought by the consignee OF a
negotiable bill or by the holder
OF a negotiable bill against the car
rler for failure to deliver the goods
on demand.
Section 80. II bill Of lading has
been issued by Il carrier or on his be-
half by an agent or employee the
scope of whose actual or apparent au-
thority includes the issuing of bills OF
/ lading, the carrier shall be liable to:
ta) The constgnee named In non
negotiable bill, or
OBJ The holder of a negotiable bill
who has given value In good faith
relying upon the description therein
Of the goods, for damages caused by
| the non-receipt by the carrier or q
connecting carrier of all or part oil
| the goods or their failure to CORE
spond with the description thereof In
the bill at the time of it's issue.
If. however. the goods are described
| In IA bill merely by a statement OF
marks or labels upon them or upon
packages containing them, or by a
be goods Of a certain kind or guam
tity. or In a certain condition, or 1t Is
stated in the bill that packages are
said to contain goods of certain
dition, or that the contents or condi-
ton of the contents of packages are
unknown, or words OF like purport
are contained in the bill. such state
ments, il true, shall not make liable
the carrier issuing the bill, although
the goods are not OF the kind oil
i quantity or in the condition which
the marks or labels upon them indi-
cate, or of the kind or quantity or In
the condition they were said to be by
| the conSiguor. The carrier may, also
by inserting In the bill the words
shippers load and count" or other
words of ike purport Indicate that
the goods were loaded by the shipper
and the description of them made by
him: and II such statement be true
the carrier shall not be liable fol-
! damages caused by the improper
loading or by the non-receipt or by
| the misdcSCrlption Of the goods de-
scribed i'll the bill.
Section "a If goods are delivered
TO carrier by the owner or by per
son whose act in conveying the title
10 them to purchaser for value IN
good faith would bind the owner and
a negotiable bill is issued for them
they can not thereafter while in the
possession of the carrier, be attached
by garniShment or otherwise, or be
levied upon under an execution, un-
less the bill be first surrendered &c
the carrier or lts negotiation en-
joined The carrier shall In no such
case be compelled to deliver the &C
tual possession Of the goods until the
bin is surrendered to him or Inn
pounded by the court
Section %. A creditor whose
debtor Is the owner OF a negotiable
bill shall be entitled to such aid from
courts of appropriate jurisdiction by
Injunction and otherwise In attaching
| such bill or in satisfying the claim
BY means thereof as Is allowed al
law or in equity In regard to prop
orty which can not readily be attach
ed or levied upon by ordinary Legal
process.
Section &c II negotiable bill Ia
Issued the carrier shall have no Her
on the goods therein mentioned, ex-
cept for charges on those goods Tor
freight, storage, demurrage ano
essary for the preservation of the
goods or incident to their Transports
ton subsequent to the date OF the Dill
unless the bin expressly enumerates
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 constgnor
and the carrier.
| Section 27. After goods have beer
lawfully sold to satisfy carriers
lien. or because they have not been
claimed. or because they are peris
not thereafter b. liable for failure &c
deliver the goods to the consignec OF
owner Of the goods. or to holder OF
the bill given for the goods when they
are shipped even II such bill be
/ negotiable.
Section 2s negotiable bill may
be negotiated by delivery where. by
the terms OF the bill. the carrier I'M
dertakeS TO denver the BOOuS TO tne
order of a specified person, and such
person or subsequent indorsee OF
the bill has Endorsed II In blank
| Section 20. A negotiable bill may
be negotiated by the Endorsement OF
the person TO whose order the goods
are deliverable by the tenor of the
i bill Such Endorsement may be In
blank or to a specified person II In
dorsed to specified person II may
be negotiated again by the indorss-
ment of such person In blank or to
another specified person. Subsequent
negotiation may be made in like
|