Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

D.
been issued by a carrier or on his be-
half by an agent or employee the scope
of whose actual or apparent authority
includes the issuing of bills OF ladlns
the carrier shall be liable to:
(a) The consignee named in non
negotiable bill. or
(b) The holder of negotiable DILL
who has given value in good faith rely
ing upon the description therein or the
goods, for damages caused by the non
receipt by the carrier or a connecting
their failure to correspond with the de-
scription thereof in the bill at the time
of its issue.
If. however, the goods are described
marks M or labels upon them or upon
packages containing them. or by
statement that the goods are said TO
be goods of certain kind or quantity;
or in certain condition, or it is stated
in the bill that packages are said to
contain goods of certain kind or guam
tity or in certain condition. or that
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 pill. al,
though the goods are not of the kind
or quantity or in the condition which
the marks or labels upon them indicate.
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
We're loaded by the shipper and the
description of them made by. him; and
if such statement be true, the carrier
by the improper loading or. by the non
receipt or by the misdescription of the
goods described in the bill.
Section "a. If goods are delivered to
a carrier by the owner or by person
whose act in conveying the title to them
to a purchaser for value in good faith
would bind the owner and 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
rendered to the carrier or its negotia-
ton enjoined. The carrier shall in no
such case be compelled to deliver the
the bill is surrendered to him or i'm
pounded by the court.
Section 25., \ creditor whose debtor
is the ownerl 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
in regard to property which can not
readily be attached or levied upon by
ordinary legal process.
Section 26. If 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, uefnuTTdSe ana terminal CnaTBeS,
and expenses necessary for the preser
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 and the contract between the
consignor and the carrier.
Section 81. After goods have been
lawfully sold to satisfy carriers lien,
or because they are perishable or haz-
ardouS. the carrier shall not thereafter
be liable for failure to deliver the goods
to the consignee or owner 1.eI Of the goods.
goods, when they are shipped. even if
such bill be negotiable.
Section IS. 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
dorsed it in blank.
Section 30. A negotiable bill may be
negotiated by the Endorsement of the
person to whose order 1ero the goods are
Such Endorsement may be in blank or
to a specified person. If Endorsed to a
specified person, it may be negotiated
again by the Endorsement of such per-
son in blank or to another specified
person. Subsequent negotiation may
be made in like manner.
section 81. a Dill may De 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
bill gives the transferee no additional
right.
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
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 80. 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 a purchaser
in good faith for value, and also such
title to the goods as the conSignee and
conSignoT had or had power to convey
to a purchaser in good faith for value,
and
(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
feror. the title to the goods, subject to
the terms of any agreement with the
1rnnSIerOf. III the Dill is non -negOtla-
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 obligee 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 transferee of a
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 or bv
attachment or execution upon the
goods by a creditor of the transferor.
or by a notification to the carrier by
chaser from the transferor of a subse-
quent sale of the goods by the trans
feror.
A carrier has not received notifica-
ton within the meaning of this section
unless an ofhcer or agent of the car
rier. the actual or apparent scope
whose duties includes action upon such
notification. 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-
the agent or agents having actual pos
session or control of the goods.
Section "a. Where a negotiable bill is
transferred for value by delivery and
the Endorsement of the transferor Is es-
sential for negotiation, the transferee
acquires a right against the transferor
to compel him to indorse the bill un-
less contrary intention appears. The
negotiation shall take effect as of the
time when the Endorsement is actually
made This obligation may be specifi-