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

tined to the order of any person named
in such bill. Is q negotiable or order
bill.
Any provision in such a bill that It
is non-negotiable shall not affect Its
negotiability within the meaning OF this
act.
Section 6. Negotiable bills issued In
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
fba Though ba the heo sT tse &c
tola holder of one Of the other parts
Section T. When more than one nego-
table bill is issued in this State Tor the
same goods to be transported 70 any
place within the State, the word .dupii-
cate'l Tor some other word or words 1ndi-
eating that the document is not an orig
the face of every such bill, except the
one first issued. A carrier shall be
liable for the damage caused by his
purchased the bill for value in. good
faith as an original, even though the
purchase be after the delivery or the
goods by the carrier to the holder OF
Section 8. A non-negotiable bill shall
have placed plainly upon its face BY the
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 person to be
notified of the arrival of the goods shall
not limit the negotiability of the bill,
f OR const Ut notice to purchaser eh
person in the goods
Section 10. Except as otherwise pro-
elded IN this tins act, where consignor re-
celVes 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
enforce any provision of the bill, sha
be allowed to deny that he is bound by
such terms and conditions, SO far. as
they are not contrary to law or public
policy.
Section IL. A carrier, in the absence
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, if such demand is
accompanied by:
(a) An offer in good faith to satisfy
the carriers lawful lien upon the goods.
tp) An offer in good faith to sur
render, properly Endorsed, the bill which
was issued for the goods, if the bill is
negotiable, and
(c) A readiness and willingness to
sign, when the goods are delivered. an
delivered, it 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 consigned 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 12. A carrier is justified.
subject to the provisions of the three
following sections. in delivering goods
TO one who is:
la) A person lawfully entitled to the
possession of the goods, or
(b) The consignee named in nom
negotiable bill for the goods, or
Co A person in possession of a ne
gotiable bill for the goods by the terms
Of which the goods are deliverable to
to him or in blank by the consignee or
by the mediate or immediate indorsee
of the conSignee.
Section 10. Where 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
ibe right good OF property or possession fe in
otherwise than as authorized by subdi-
visions (b) and Co of the preceding
section; and, though he delivered the
subdivisions, he shall be so liable if
prior to such delivery he:
(al Had been requested, by or on
behalf of person having a right Of
property or possession in the goods. not
to make such delivery, or
OBJ Had information at the time of
lawfully entitled to the possession of
the goods.
A request or information to be effec-
tive within the meaning of this section
must be given to an officer or agent Of
the carrier, the actual or apparent scope
of whose duties includes action upon
such 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 twenty-seven, and except when
compelled by legal process if a carrier
delivers goods for which a negotiable
bill had been issued the negotiation of
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 bid
before or after the delivery of the goods
by the carrier, and Notwithstanding de-
livery was made to the person entitled
thereto
Section Is. Except as provided in
section twenty-seven, and except when
compelled by legal process, if a carrier
delivers part of, the goods for which a
negotiable bill had been issued and
fails either:
(a) To take up and cancel the bill
(b) To place plainly upon it state
ment that a portion. of the goods has
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, he shall be liable for failure
to deliver all the goods specified in the
bill, to any one who for value and in
good faith purchases it, whether such
purchaser acquired title to it before or
after the delivery of any portion of
the goods by the carrier, and notwith-
standing such delivery was made to the
person entitled thereto.
Section 16. Any alteration, addition
or erasure in a bill after it's issue with
out authority from the carrier issuing
the same either in writing or noted on
the bill shall be void whatever be the
nature and purpose of the change and
the bill shall be enforceable according
to its original tenor.
Section II. Where a negotiable bill
competent jurisdiction may order the
delivery of the goods upon satisfactory
proof of such loss or destruction and
upon the giving of bond with suffi-
Gent surety to be approved by the
court to protect the carrier or any per-
son injured by such delivery from any
liability or loss, incurred by reason of
the original bill remaining outstanding
The court may also in its discretion
order the payment of the carriers rea-
sonable 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 a person to whom the
negotiable bill has been or shall be ne
gotiated for value without notice of
f1a Itr,rr