페이지 이미지
PDF
ePub

Secs. 26-81

Bill for goods sold under car

under

Sec. 26. That after goods have been lawfully sold to satisfy a carrier's lien, or because they have not been rier's lien. claimed, or because they are perishable or hazardous, the carrier shall not thereafter be liable for failure to deliver the goods themselves to the consignee or owner of the goods, or to a holder of the bill given for the goods when they were shipped, even if such bill be an order bill.

Sec. 27. That an order bill may be negotiated by de Negotiation by livery where, by the 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 indorsed it in blank.

Sec. 28. That an order bill may be negotiated by the in Negotiation by indorsement of the person to whose order the goods are deliverable by the tenor of the bill. Such indorsement may be in blank or to a specified person. If indorsed to a specified person, it may be negotiated again by the indorsement of such person in blank or to another specified person. Subsequent negotiation may be made in like manner.

Sec. 29. That a bill may be transferred by the holder Existing equfby delivery, accompanied with an agreement, express or straight bill. implied, to transfer the title to the bill or to the goods represented thereby. A straight bill can not be negotiated free from existing equities, and the indorsement of such a bill gives the transferee no additional right. SEC. 30. That an order bill may be negotiated by any Bill negotiable

by possessor. 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.

SEC. 31. That a person to whom an order bill has been duly negotiated acquires thereby—

(a) Such title to the goods as the person negotiating Title to goods. 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 consignor had or had power to convey to a purchaser in good faith for value; and

(b) The direct obligation of the carrier to hold possession of the goods for him according to the terms of the bill as fully as if the carrier had contracted directly with him.

Notification to carrier.

Lawful notifcation.

Secs. 32-34 Transferee's Sec. 32. That a person to whom a bill has been transtitle.

ferred, but not negotiated, acquires thereby as against the transferor the title to the goods, subject to the terms of any agreement with the transferor. If the bill is a straight bill such person also acquires the right to notify the carrier of the transfer to him of such bill and there. by to become the direct obligee of whatever obligations the carrier owed to the transferor of the bill immediately before the notification.

Prior to the notification of the carrier by the transferor or transferee of a straight 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 by attachment or execution' upon the goods by a creditor of the transferor, or by a notification to the carrier by the transferor or a subsequent purchaser from the transferor of a subsequent sale of the goods by the transferor.

A carrier has not received notification within the meaning of this section unless an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a 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 reasonable diligence, to communicate with the agent or agents having actual possession or control of the

goods. Compelling in- SEC. 33. That where an order bill is transferred for dorsement.

value by delivery, and the indorsement of the transferor is essential for negotiation, the transferee acquires & right against the transferor to compel him to indorse the bill, unless a contrary intention appears. The negotiation shall take effect as of the time when the indorsement is actually made. This obligation may be specifically

enforced. Warranties. Snc. 34. That a person who negotiates or transfers for

value a bill by indorsement or delivery, unless a con-
trary intention appears, warrants

(a) That the bill is genuine;
(b) That he has a legal right to transfer it;

(c) That he has knowledge of no fact which would impair the validity or worth of the bill;

(d) That he has a right to transfer the title to the goods, and that the goods are merchantable or fit for a

Secs. 84-89

dorser.

ranty.

gotiation.

particular purpose whenever such warranties would have been implied if the contract of the parties had been to transfer without a bill the goods represented thereby.

SEC. 35. That the indorsement of a bill shall not make Llability of inthe indorser liable for any failure on the part of the carrier or previous indorsers of the bill to fulfill their respective obligations.

Sec. 36. That a mortgagee or pledgee or other holder Pledgee's warof a bill for security who in good faith demands or receives payment of the debt for which such bill is security, whether from a party to a draft drawn for such debt or from any other person, shall not be deemed by so doing to represent or warrant the genuineness of such bill or the quantity or quality of the goods therein described.

SEC. 37. That the validity of the negotiation of a billValidity of na is not impaired by the fact that such negotiation was a breach of duty on the part of the person making the negotiation, or by the fact that the owner of the bill was deprived of the possession of the same by fraud, accident, mistake, duress, loss, theft, or conversion, if the person to whom the bill was negotiated, or a person to whom the bill was subsequently negotiated gave value therefor in good faith, without notice of the breach of duty, or fraud, accident, mistake, duress, loss, theft, or conversion. SEC. 38. That where a person, having sold, mortgaged, Subsequent no

gotiation. or pledged goods which are in a carrier's possession and for which an order bill has been issued, or having sold, mortgaged, or pledged the order bill representing such goods, continues in possession of the order bill, the subsequent negotiation thereof by that person under any sale, pledge, or other disposition thereof to any person receiving the same in good faith, for value and without notice of the previous sale, shall have the same effect as if the first purchaser of the goods or bill had expressly authorized the subsequent negotiation.

SEC. 39. That where an order bill has been issued for goods no seller's lien or right of stoppage in transitu shall defeat the rights of any purchaser for value in good faith to whom such bill has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier who issued such bill of the seller's claim to a lien or right of stoppage in transitu. Nor shall the carrier be obliged to deliver or justified in delivering the

Seller's lien.

Stoppage in transitu.

Secu. 9842

Rights of lien holder.

Forging or counterfeiting bills.

[ocr errors]

same,

goods to an unpaid seller unless such bill is first surrendered for cancellation.

Sec. 40. That, except as provided in section thirtynine, nothing in this act shall limit the rights and remedies of a mortgagee or lien holder whose mortgage or lien on goods would be valid, apart from this act, as against one who for value and in good faith purchased from the owner, immediately prior to the time of their delivery to the carrier, the goods which are subject to the mortgage or lien and obtained possession of them.

Sec. 41. That any person who, knowingly or with intent to defraud, falsely makes, alters, forges, counterfeits, prints or photographs any bill of lading purporting to represent goods received for shipment among the several States or with foreign nations, or with like intent utters or publishes as true and genuine any such falsely altered, forged, counterfeited, falsely printed or photographed bill of lading, knowing it to be falsely altered, forged, counterfeited, falsely printed or photographed, or aids in making, altering, forging, counterfeiting, printing or photographing, or uttering or publishing the issues or aids in issuing or procuring the issue of, or negotiates or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any other matter, or who, with intent to defraud, violates, or fails to comply with, or aids in any violation of,

or

failure to comply with any provision of this act, shall be guilty of a misdemeanor, and, upon conviction, shall be punished for each offense by imprisonment not exceeding five years, or by a fine not exceeding $5,000, or both.

Sec. 42. First. That in this act, unless the context of subject matter otherwise requires

"Action” includes counterclaim, set-off, and suit in equity.

“Bill” means bill of lading governed by this act.

“ Consignee” means the person named in the bill as the person to whom delivery of the goods is to be made.

“ Consignor” means the person named in the bill as the person from whom the goods have been received for shipment.

“Goods” means merchandise or chattels in course of transportation or which have been or are about to be transported.

Penalty.

Defnitions.

Sec. 1

[ocr errors]
[ocr errors]

Holder ” of a bill means a person who has both actual possession of such bill and a right of property therein.

Order means an order by indorsement on the bill. “Person” includes a corporation or partnership, or two or more persons having a joint or common interest.

To "purchase" includes to take as mortgagee and to take as pledgee.

“State" includes any Territory, District, insular possession, or isthmian possession.

SEC. 43. That the provisions of this act do not apply Not retroactive. to bills made and delivered prior to the taking effect thereof.

Sec. 44. That the provisions and each part thereof and Sections sever the sections and each part thereof of this act are independent and severable, and the declaring of any provision or part thereof, or provisions or part thereof, or section or part thereof, or sections or part thereof, unconstitutional shall not impair or render unconstitutional any other provision or part thereof or section or part thereof.

SEC, 45. That this act shall take effect and be in force Effective date. on and after the first day of January next after its passage.

able.

GOVERNMENT-AIDED RAILROAD AND TELEGRAPH ACT

AN ACT Supplementary to the Act of July first, eighteen hundred (Aug. 7, 1888.) and sixty-two, entitled “An Act to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific cean, and to secure to the Government the use of the same for postal, military, and other purposes," and also of the Act of July second, eighteen hundred and sixty-four, and other Acts amendatory of said first-named Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem

Government bled, That all railroad and telegraph companies to which aided railroad and

telegraph lines the United States has granted any subsidy in lands or must themselves bonds or loan of credit for the construction of either rail-operate lines. road or telegraph lines, which, by the Acts incorporating

25 Stat. L., 382. them, or by any Act amendatory or supplementary thereto, are required to construct, maintain, or operate telegraph lines, and all companies engaged in operating said railroad or telegraph lines shall forthwith and henceforward by and through their own respective corporate officers and employees, maintain and operate, for railroad,

« 이전계속 »