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

Dill.
Any provision in such a bill that it
Is non-negotiable shall not affect its
negotiability within the meaning of this
act
this state for the transportation of
goods therein, shall not be issued In
parts or sets.
If so issued the carrier issuing them
shall be liable for failure to deliver the
goods described therein to any one who
purchases a part for value in good
faith, even though the purchase be after
the delivery of the goods by the carrier
to a holder of one of the other parts.
Section I. When more than one nego-
table bill is issued in this State for the
same goods to be transported TO any
place within the State. the. word ''dupli-
cate or some other word or words indi-
eating that the document is not an orig
inal bill shall be placed plainly upon
one first issued. A carrier shall be
liable for the damage caused by his
failure so to do to any one who has
purchased the bill for value in. good
purchase be- after the delivery of the
goods by the carrier to the holder of
the original bill.
Section S. non-negotiable bill shall
have placed plainly upon its face by the
carrier issuing it "non-negotiable' or
mot negotiable
This section shall not apply, however.
to memoranda or Acknowledgements of
an informal character.
Section g. The insertion in a nego-
table bill of the name OF a person to be
notified of the arrival of the goods shall
not limit the negotiability of the bill,
or constitute notice to purchaser
thereof of any rights or equities of such
person in the goods.
Section 10. Except as otherwise pro-
vided in this act, where a consignor re-
ceves a bill and makes no objection to
it's terms or conditions at the time he
receives it, neither the consignor nor
any person who accepts delivery of the
goods, nor any person VINO seeks to
enforce any provision or the pill, shal
such terms and conditions, SO far as
they are not contrary to law or public
policy.
of some lawful excuse. is bound to de-
liver goods upon demand made either
by the consignee named in the bill for
the goods or if the bill is negotiable. by
the holder thereof, il such demand is
accompanied by:
ca An offer in good faith to satisfy
the carriers lawful lien upon the goods,
(b) An offer in good faith to sur
render. properly Endorsed, the bill which
was issued for the goods, if the bill is
negotiable, and
sign, when the goods are delivered, an
acknowledgment that they have been
delivered if such signature is requested
by the carrier
In case the carrier refuses or fails to
deliver the goods in compliance with a
demand by the consignee or holder so
accompanied, the burden shall be upon
the carrier to establish the existence of
a lawful excuse for such refusal or
failure.
Section u. A carrier is justified.
subject to the provisions of the three
following sections, in delivering goods
TO one who is:
ca A person lawfully entitled to the
possession of the goods, or
(b) The consignee named in nom
negotiable bill for the goods, or
GO. A person in possession of ne
of which the goods are deliverable to
his order or which has been Endorsed
to him or in blank by the consignee or
bv the mediate or immediate indorSee
of the conSignee.
Section Is. Where a carrier delivers
goods to one who is not lawfully en-
titled to the possession of them, the
carrier shall be liable to any one having
the goods if he delivered the goods
otherwise than as authorized by subdi-
visions (b) and (cl of the. preceding
section: and. though he delivered the
goods as authorized by either of said
subdivisions, he shall be so liable if
t) Had been requested, by or on
behalf of person having right Of
property or possession in the goods, not
to make such delivery, or
(b) Had information at the time of
the delivery that it was to a person not
lawfully entitled to the possession of
the goods
request or information to be effec-
tive within the meaning of this section
must be given to an officer agent of
the carrier, the actual or apparent scope
of whose duties includes action upon
such a request or information, and must
be given in time to enable the officer
or agent to whom it is given, acting
with reasonable diligence, to stop de-
livery of the goods.
Section IA. Except as provided in
section twenty-seven, and except when
compelled by legal process, If a carrier
delivers goods for which IL negotiable
which would transfer the right to the
possession of the goods, and fails to
take up and cancel the bill, such carrier
shall be liable for failure to deliver the
goods to any one who for value and in
good faith purchases such bill, whether
such purchaser acquired title to the bin
before or after the delivery of the goods
by the carrier, and Notwithstanding de-
livery was made to the person entitled
thereto.
Section 10. Except as provided in
compelled by legal process, if carrier
delivers part of the goods for which a
negotiable bill had been issued and
fails either:
(a) To take IN and cancel the hill
or
OBJ To place plainly upon it a state
ment that a portion of the goods has
been delivered with a description
which may be in general terms, either
of the goods or packages that have been
so delivered or of the goods or pack
ages which still remain in the carrier $
possession, shall be liable for failure
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