The Republican journal. [volume] (Belfast, Me.) 1829-current, 1917-04-05

against the carrier for failure to de-
liver the goods on demand.
been issued by a carrier, or on his be-
half by an agent or employee the scope
Of whose actual or apparent authority
the carrier shall be liable to:
(a) The consignee named IN non
negotiable sSt bic. bill a,s or n..o.,.,,. n,,,
who has given value in good faith rely
ing upon the description therein of the
goods. for damages caused by the non
carrier Of all or part Of the goods or
their failure to correspond with the de-
scription thereof in the bill at the time
OF its issue.
t. If. however, the goods are described
marks or labels upon them or upon
packages containing them, or by a
be goods of certain kind or quantity.
or IN certain condition, or it is stated
In the bill that packages are said to
contain con- goods OF certain kind or quan..
the contents or condition of the contents
Of packages are unknown. or words of
like purport are contained in the bill,
such statements. in true, shall not make
liable, the carrier issuing the bill. al
though the goods are not of. the kind
or. quantity or in the condition which
or Of the kind or quantity or in the
condition they were said to be by the
consignor. The carrier may. also. by
inserting in the bill the words ship
per's load and count" or other words Of
like purport indicate that the goods
were loaded by the shipper and the
if such statement be true, the carrier
shall not be liable for damages caused
by the improper loading or by the non
goods described in the bill.
Section "a. If goods are delivered to
carrier by the owner or by, a person
ytnc {y1o -
to a purchaser for value in good faith
would bind the owner and negotiable
bill is issued for them, they can not
the carrier. be attached by punishment
or otherwise. or be levied upon under
an execution, unless the bill be first sur
ton enjoined The carrier shall in no
such case be compelled to deliver the
actual act l., possession ?s Of the goods until
pounded by the court.
Section 25. A creditor whose debtor
is the owner of negotiable bill shall
be entitled to such aid from courts of
and otherwise in attaching such bill.
or in satisfying the claim by means
thereof as is allowed at law or in equity
readily be attached or levied upon by
Section 26. # a negotiable bill is
issued the carrier shall have no lien on
the goods therein mentioned except for
charges on those goods for freight. stor-
age. demurrage and terminal charges,
walton of the goods or incident to their
transportation subsequent to the date
of the bill, unless, the bill expressly
enumerates other charges for which a
lien is claimed In Such case there
shall also be a lien for the charges
enumerated so far as they are allowed
by law swo and ii the e., contract between the
Section 81. After goods have been
lawfully sold to satisfy carriers lien,
or because they have not been claimed,
ardous, the carrier shall not thereafter
be liable for failure to deliver the goods
to the consignee or owner of the goods.
or to holder of the bill given for the
goods when they are shipped. even if
such bill be negotiable.
Section %. A negotiable bill may be
terms of the bill, the carrier undertakes
to deliver the goods to the order of a
specified person. and such person or a
subsequent indorsee of the bill has in
Section 20. A negotiable bill may be
negotiated by the Endorsement of the
deliverable by the tenor of the bin
Such Endorsement may be in blank or
to a specified person. If Endorsed to a
specified person, it may be negotiated
son in blank or to another specified
person, Subsequent negotiation may
be made IN like manner.
Section 80. bill may be transferred
by the holder by delivery, accompanied
with an agreement express or implied
to transfer the title to the bill or to the
goods represented thereby.
A non-negotiable bill can not be nego-
tiated. and the Endorsement of such a
b bill gives the transferee no additional
Section 81. A negotiable bill may be
negotiated by any person in possession
of the same however such possession
may have been acquired If, by the terms
of the bill. the carrier undertakes to
deliver the goods to the order of such
person, or if at the time of negotiation
the bill is in such form that it may be
negotiated by delivery.
Section 49, A person to whom a ne
gotiable bill has been duly negotiated
acquires thereby:
(a) Such title to the goods as the
person negotiating the bill to him had
or had ability to convey to purchaser
in good faith for value, and also such
title to the goods as the consignee and
copsignor had or had power to convey
to a purchaser in good faith for value
(b) The direct obligation of the car
rier to hold possession of the goods
for him. according to the terms of the
bill as fully as if the carrier had con-
tracted directly with him.
Section 33. A person to whom a bill
has been transferred but not negotiated
acquires thereby as against the trans
the terms of any agreement with the
transferor. If the Dill is non-negotia-
BILE, such person also acquires the right
to notify the carrier of the transfer to
him of such bill, and thereby to be-
come the direct obIigee of whatever OBJ
legations the carrier owed to the trans
feror of the bill Immediately before
the notification.
Prior to the notification of the carrier
by the transferor or transferee of a
non-negotiable bill, the title of the
transferee to the goods and the right
to acquire the obligation of the carrier
may be defeated by garnishment bv
attachment or execution upon the
goods by a creditor of the transferor
or by notification to the carrier by
the transferor a subsequent pur-
chaser from the transferor of SUISSE
quent sale of the goods by the trans
feror.
A carrier has not received notifica-
ton within the meaning of this section
unless an officer or agent of the car
rier, the actual or apparent scope .
whose duties includes action upon such
notlhca ton. has been notified; and no
notification shall be effective until. the
officer or agent to whom it is given
has had time with the exercise of rea-
sonable diligence to communicate with
the agent or agents having actual pos
session or control of the goods.
Section 34 Where negotiable bill is
transferred for value by delivery, and
the Endorsement of the transferor Is es-
sentfal for negotiation. the transferee
acquires a right against the transferor
to compel him to indorse the bill, un-
less contrary intention appears. The