Section SUBDIVISION I. Issue of Bills of Lading. Section 2126. Bills governed by this 2126e. Negotiable bills must not article. be issued in sets. 2126a. Form terms. 2126b. Form of bills. What terms may be inserted. of bills. Essential 2126f. Duplicate negotiable bills 2126c. Definition of non-negotiable or straight bill. 2126d. Definition of negotiable or order bill. must be so marked. 2126g. Non-negotiable bills shall be so marked. 2126h. Insertion of name of person to be notified. Acceptance of bill indicates assent to its terms. 2126i. 2126. Bills of lading issued by any common carrier shall be governed by this article. 1919–763. 2126a. Every bill must embody within its written or printed terms (a) The date of its issue; (b) The name of the person from whom the goods have been received; (e) The place where the goods have been received; (d) The place to which the goods are to be transported; (e) A statement whether the goods received will be delivered to a specified person, or to the order of a specified person; (f) A description of the goods or of the packages containing them which may, however, be in such general terms as are referred to in section two thousand one hundred twenty-eight of this code;; and (g) The signature of the carrier. A negotiable bill shall have the words "order of" printed thereon immediately before the name of the person upon whose order the goods received are deliverable. A carrier shall be liable to any person injured thereby for the damage caused by the omission from a negotiable bill of any of the provisions required in this section. 1919--763. 2126b. A carrier may insert in a bill, issued by him, any other terms and conditions, provided that such terms and conditions shall not (a) Be contrary to law or public policy, or (b) In any wise impair his obligation to exercise at least that degree of care in the transportation and safe-keeping of the goods entrusted to him which a reasonably careful man would exercise in regard to similar goods of his own.1919-763. 2126c. A bill in which it is stated that the goods consigned or destined to a specified person, is a non-negotiable or straight bill. 1919-764. 2126d. A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill, is a negotiable or order bill. Any provision in such a bill that is non-negotiable shall not affect its negotiability within the meaning of this article. 1919-764. 2126e. Negotiable bills issued in this state for the transportation of goods to any place in the United States on the continent of North America, except Alaska, 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. 1919-764. 2126f. When more than one negotiable bill is issued in this state for the same goods to be transported to any place in the United States on the continent of North America, except Alaska, the word "duplicate" or some other word or words indicating that the document is not an original bill shall be placed plainly upon the face of every such bill, except the 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 faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill. 1919–764. 2126g. A non-negotiable bill shall have placed plainly upon its face by the carrier issuing it "non-negotiable" or "not negotiable." This section shall not apply, however, to memoranda or acknowledgments of an informal character. 1919-764. 2126h. The insertion in a negotiable 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 a purchaser thereof of anv rights or equities of such person in the goods. 1919-764. 21261. Except as otherwise provided in this article where a consignor receives a bill and makes no objection to its terms or conditions at the time he receives it, neither the consignor nor any person who accepts delivery of the goods, nor any person who seeks to enforce any provision of the bill, shall be allowed to deny that he is bound by such terms and conditions, so far as they are not contrary to the law or public policy. 1919-764. SUDIVISION II. Obligations and Rights of Carriers Upon Their Bills of Lading. Section Section 2127. Obligation of carrier to de- 2128d. Interpleader of adverse claimants. liver. 2127a. Justification of carrier in 2128e. Carrier has reasonable time to determine validity of claims. delivering. 2127b. Carrier's liability for mis delivery. 2127c. Negotiable bills must be 2128. Altered bills. 2128f. Adverse title is no defense, except as above provided. 2128g. Liability for non-receipt or misdescription of goods. 2128h. Attachment or levy upon goods for which a negotiable bill has been issued. 21281. Creditor's remedies to reach negotiable bills. 2128j. Negotiable bill must state charges for which lien is claimed. 2128k. Effect of sale. 2127. A carrier, in the absence of some lawful excuse, is bound to deliver goods upon a 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 carrier's lawful lien upon the goods; (b) An offer in good faith to surrender, properly indorsed, 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 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. 1919-765. 2127a. A carrier is justified, subject to the provisions of the three following sections, in delivering goods to one who is(a) A person lawfully entitled to the possession of the goods, or (b) The consignee named in a non-negotiable bill for the goods, or (c) A person in possession of a negotiable bill for the goods by the terms of which the goods are deliverable to his order, or which has been indorsed to him or in blank by the consignee or by the mediate or immediate indorsee of the consignee. 1919-765. 2127b. Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to anyone having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of the preceding section; and, though he delivered the goods as authorized by either of said subdivisions, he shall be so liable if prior to such delivery he (a) Had been requested, by or on behalf of a person having a 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. A request or information to be effective 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 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 delivery of the goods. 1919-766. 2127c. Except as provided in section two thousand one hundred twenty-eight k of this code, and except when compelled by legal process, if a carrier delivers goods for which a negotiable bill had been issued, the negotiation of 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 anyone who for value and in good faith purchases such bill, whether such purchaser acquired title to the bill before or after the delivery of the goods by the carrier, and notwithstanding delivery was made to the person entitled thereto. 1919-766. 2127d. Except as provided in section two thousand one hundred twenty-eight k of this code, 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, or (b) To place plainly upon it a statement 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 packages which still remain in the carrier's possession, he shall be liable for failure to deliver all the goods specified in the bill, to anyone 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 notwithstanding such delivery was made to the person entitled thereto. 1919-766. 2128. Any alteration, addition or erasure in a bill after its issue without 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. 1919-766. 2128a. Where a negotiable bill has been lost or destroyed, a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a 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 its discretion order the payment of the carrier's 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 a person to whom the negotiable bill has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods. 1919-767. 2128b. A bill 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 the carrier issuing the same the liability of one who represents and warrants that such bill is an accurate copy of an original bill properly issued, but no other liability. 1919--767. 2128c. No title to goods or right to their possession, asserted by a carrier for his own benefit, shall excuse 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 a transfer made by the consignor or consignee after the shipment, or from the carrier's lien. 1919-767. 2128d. If more than one person claims the title or possession of goods, the carrier may require all known claimants to interplead, either as a defense to an action brought against him for non-delivery of the goods, or as an original suit, whichever is appropriate. 1919 -767. 2128e. If someone other than the consignee or person in possession of the bill, has a claim to the title or possession of the goods, and the carrier has information of such claim, the carrier shall be excused from liability for refusing to deliver the goods either to the consignee or person in possession of the bill, or to the adverse claimant, until the carrier has had a reasonable time to ascertain the validity of the adverse claim or to bring legal proceedings to compel all claimants to interplead. 1919-767. 2128f. Except as provided in the two preceding sections and in section two thousand one hundred twenty-seven a of this code, no right or title of a third person unless enforced by legal process shall be a defense to an action brought by the consignee of a nonnegotiable bill or by the holder of a negotiable bill against the carrier for failure to deliver the goods on demand. 1919-767. 2128g. If a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the issuing of bills of lading, the carrier shall be liable to (a) The consignee named in a non-negotiable bill, or (b) 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 a connecting carrier of all or part of the goods or their failure to correspond with the description thereof in the bill at the time of its issue. or If, however, the goods are described in a bill merely by a statement of marks or labels upon them or upon packages containing them, or by a statement that the goods are said to be goods of a certain kind or quantity, or in a certain condition, or it is stated in the bill that packages are said to contain goods of a certain kind or quantity or in a certain condition, or that the contents condition of the contents of packages are unknown, or words of like purport are contained in the bill, such statements, if true, shall not make liable the carrier issuing the bill, although 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. All carriers must issue to shippers of carload freight from agency stations a clean bill of lading at the request of the shipper and in such cases shall discontinue the practice of noting on bill of lading |