US (United States) Code. Title 49. Subtitle X: Miscellaneous. Chapter 801: Bills of lading

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation

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  • País: Estados Unidos Estados Unidos
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-CITE-

49 USC CHAPTER 801 - BILLS OF LADING 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

CHAPTER 801 - BILLS OF LADING

-MISC1-

Sec.

80101. Definitions.

80102. Application.

80103. Negotiable and nonnegotiable bills.

80104. Form and requirements for negotiation.

80105. Title and rights affected by negotiation.

80106. Transfer without negotiation.

80107. Warranties and liability.

80108. Alterations and additions.

80109. Liens under negotiable bills.

80110. Duty to deliver goods.

80111. Liability for delivery of goods.

80112. Liability under negotiable bills issued in parts,

sets, or duplicates.

80113. Liability for nonreceipt, misdescription, and improper

loading.

80114. Lost, stolen, and destroyed negotiable bills.

80115. Limitation on use of judicial process to obtain

possession of goods from common carriers.

80116. Criminal penalty.

AMENDMENTS

1994 - Pub. L. 103-429, Sec. 6(79), Oct. 31, 1994, 108 Stat.

4388, made technical amendment to chapter heading.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 46 App. section 1304.

-End-

-CITE-

49 USC Sec. 80101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80101. Definitions

-STATUTE-

In this chapter -

(1) "consignee" means the person named in a bill of lading as

the person to whom the goods are to be delivered.

(2) "consignor" means the person named in a bill of lading as

the person from whom the goods have been received for shipment.

(3) "goods" means merchandise or personal property that has

been, is being, or will be transported.

(4) "holder" means a person having possession of, and a

property right in, a bill of lading.

(5) "order" means an order by indorsement on a bill of lading.

(6) "purchase" includes taking by mortgage or pledge.

(7) "State" means a State of the United States, the District of

Columbia, and a territory or possession of the United States.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1346.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80101 49 App.:122. Aug. 29, 1916, ch. 415, Sec.

42, 39 Stat. 545.

--------------------------------------------------------------------

In this chapter, the words "negotiable bill of lading" are

substituted for "order bill", and the words "nonnegotiable bill of

lading" are substituted for "straight bill", for clarity and

consistency in the revised title and with other titles of the

United States Code.

In this section, before clause (1), the words "unless the context

of subject matter otherwise requires" are omitted as unnecessary

because of the restatement. The words " 'Action' includes

counterclaim, set-off, and suit in equity" are omitted as

unnecessary. The words " 'Bill' means bill of lading, governed by

this chapter" are omitted because of section 80102 of the revised

title. In clauses (1), (2), and (4), the words " 'Person' includes

a corporation or partnership, or two or more persons having a joint

or common interest" are omitted because of 1:1. In clause (3), the

words "personal property" are substituted for "chattels" for

clarity and consistency. The words "is being" are substituted for

"in course of" for clarity. In clause (7), the words " 'State'

means a State of the United States" are substituted for " 'State'

includes" for clarity and consistency in the revised title and with

other titles of the Code. The word "possession" is substituted for

"insular possession, or isthmian possession" for consistency in the

revised title.

-End-

-CITE-

49 USC Sec. 80102 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80102. Application

-STATUTE-

This chapter applies to a bill of lading when the bill is issued

by a common carrier for the transportation of goods -

(1) between a place in the District of Columbia and another

place in the District of Columbia;

(2) between a place in a territory or possession of the United

States and another place in the same territory or possession;

(3) between a place in a State and a place in another State;

(4) between a place in a State and a place in the same State

through another State or a foreign country; or

(5) from a place in a State to a place in a foreign country.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1346.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80102 49 App.:81. Aug. 29, 1916, ch. 415, Sec.

1, 39 Stat. 538.

--------------------------------------------------------------------

In this chapter, the words "common carrier" are substituted for

"carrier" because the source provisions restated in this section

provide that this chapter applies to bills of lading issued by

common carriers.

In clause (2), the words "territory or possession" are

substituted for "Territory" for consistency in the revised title

and with other titles of the United States Code.

-End-

-CITE-

49 USC Sec. 80103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80103. Negotiable and nonnegotiable bills

-STATUTE-

(a) Negotiable Bills. - (1) A bill of lading is negotiable if the

bill -

(A) states that the goods are to be delivered to the order of a

consignee; and

(B) does not contain on its face an agreement with the shipper

that the bill is not negotiable.

(2) Inserting in a negotiable bill of lading the name of a person

to be notified of the arrival of the goods -

(A) does not limit its negotiability; and

(B) is not notice to the purchaser of the goods of a right the

named person has to the goods.

(b) Nonnegotiable Bills. - (1) A bill of lading is nonnegotiable

if the bill states that the goods are to be delivered to a

consignee. The indorsement of a nonnegotiable bill does not -

(A) make the bill negotiable; or

(B) give the transferee any additional right.

(2) A common carrier issuing a nonnegotiable bill of lading must

put "nonnegotiable" or "not negotiable" on the bill. This paragraph

does not apply to an informal memorandum or acknowledgment.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1346.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80103(a)(1) 49 App.:83. Aug. 29, 1916, ch. 415,

Secs. 2, 3, 6, 7, 29 (last

sentence), 39 Stat. 539, 543.

80103(a)(2) 49 App.:87.

80103(b)(1) 49 App.:82.

49 App.:109 (last

sentence).

80103(b)(2) 49 App.:86.

--------------------------------------------------------------------

In subsection (a)(1), the words "A bill of lading is negotiable

if . . . states that the goods are to be delivered to the order of

a consignee" are substituted for "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 an order bill" for clarity and consistency in

the revised title and with other titles of the United States Code.

The words "does not contain on its face an agreement with the

shipper that the bill is not negotiable" are substituted for 49

App.:83 (last sentence) for clarity and to eliminate unnecessary

words.

In subsection (a)(2)(B), the words "right the named person has"

are substituted for "rights or equities of such person" for

clarity.

In subsection (b)(1), before clause (A), the words "A bill of

lading is nonnegotiable if" are substituted for "A bill in which .

. . is a straight bill" in 49 App.:82 for consistency in the

revised title and with other titles of the Code. The words "free

from existing equities" in 49 App.:109 (last sentence) are omitted

as surplus.

-End-

-CITE-

49 USC Sec. 80104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80104. Form and requirements for negotiation

-STATUTE-

(a) General Rules. - (1) A negotiable bill of lading may be

negotiated by indorsement. An indorsement may be made in blank or

to a specified person. If the goods are deliverable to the order of

a specified person, then the bill must be indorsed by that person.

(2) A negotiable bill of lading may be negotiated by delivery

when the common carrier, under the terms of the bill, undertakes to

deliver the goods to the order of a specified person and that

person or a subsequent indorsee has indorsed the bill in blank.

(3) A negotiable bill of lading may be negotiated by a person

possessing the bill, regardless of the way in which the person got

possession, if -

(A) a common carrier, under the terms of the bill, undertakes

to deliver the goods to that person; or

(B) when the bill is negotiated, it is in a form that allows it

to be negotiated by delivery.

(b) Validity Not Affected. - The validity of a negotiation of a

bill of lading is not affected by the negotiation having been a

breach of duty by the person making the negotiation, or by the

owner of the bill having been deprived of possession by fraud,

accident, mistake, duress, loss, theft, or conversion, if the

person to whom the bill is negotiated, or a person to whom the bill

is subsequently negotiated, gives value for the bill in good faith

and without notice of the breach of duty, fraud, accident, mistake,

duress, loss, theft, or conversion.

(c) Negotiation by Seller, Mortgagor, or Pledgor to Person

Without Notice. - When goods for which a negotiable bill of lading

has been issued are in a common carrier's possession, and the

person to whom the bill has been issued retains possession of the

bill after selling, mortgaging, or pledging the goods or bill, the

subsequent negotiation of the bill by that person to another person

receiving the bill for value, in good faith, and without notice of

the prior sale, mortgage, or pledge has the same effect as if the

first purchaser of the goods or bill had expressly authorized the

subsequent negotiation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1347.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80104(a)(1) 49 App.:108. Aug. 29, 1916, ch. 415,

Secs. 27, 28, 30, 37, 38, 39

Stat. 542, 543, 544.

80104(a)(2) 49 App.:107.

80104(a)(3) 49 App.:110.

80104(b) 49 App.:117.

80104(c) 49 App.:118.

--------------------------------------------------------------------

In subsection (a)(1), the words "If the goods are deliverable to

the order of a specified person" are substituted for "the person to

whose order the goods are deliverable by the tenor of the bill" for

clarity. The text of 49 App.:108 (last sentence) is omitted as

unnecessary because of the restatement.

-End-

-CITE-

49 USC Sec. 80105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80105. Title and rights affected by negotiation

-STATUTE-

(a) Title. - When a negotiable bill of lading is negotiated -

(1) the person to whom it is negotiated acquires the title to

the goods that -

(A) the person negotiating the bill had the ability to convey

to a purchaser in good faith for value; and

(B) the consignor and consignee had the ability to convey to

such a purchaser; and

(2) the common carrier issuing the bill becomes obligated

directly to the person to whom the bill is negotiated to hold

possession of the goods under the terms of the bill the same as

if the carrier had issued the bill to that person.

(b) Superiority of Rights. - When a negotiable bill of lading is

negotiated to a person for value in good faith, that person's right

to the goods for which the bill was issued is superior to a

seller's lien or to a right to stop the transportation of the

goods. This subsection applies whether the negotiation is made

before or after the common carrier issuing the bill receives notice

of the seller's claim. The carrier may deliver the goods to an

unpaid seller only if the bill first is surrendered for

cancellation.

(c) Mortgagee and Lien Holder Rights Not Affected. - Except as

provided in subsection (b) of this section, this chapter does not

limit a right of a mortgagee or lien holder having a mortgage or

lien on goods against a person that purchased for value in good

faith from the owner, and got possession of the goods immediately

before delivery to the common carrier.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1347.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80105(a) 49 App.:111. Aug. 29, 1916, ch. 415,

Secs. 31, 39, 40, 39 Stat.

543, 544.

80105(b) 49 App.:119.

80105(c) 49 App.:120.

--------------------------------------------------------------------

In subsection (a)(1), before subclause (A), the word "duly" is

omitted as surplus.

In subsection (b), the words "right . . . is superior" are

substituted for "no . . . shall defeat the rights of" for clarity.

The words "right to stop the transportation" are substituted for

"right of stoppage in transitu" for clarity.

In subsection (c), the word "remedies" is omitted as being

included in "right". The words "whose mortgage or lien on goods

would be valid, apart from this chapter" are omitted as unnecessary

because of the restatement. The words "which are subject to the

mortgage or lien" are omitted as unnecessary.

-End-

-CITE-

49 USC Sec. 80106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80106. Transfer without negotiation

-STATUTE-

(a) Delivery and Agreement. - The holder of a bill of lading may

transfer the bill without negotiating it by delivery and agreement

to transfer title to the bill or to the goods represented by it.

Subject to the agreement, the person to whom the bill is

transferred has title to the goods against the transferor.

(b) Compelling Indorsement. - When a negotiable bill of lading is

transferred for value by delivery without being negotiated and

indorsement of the transferor is essential for negotiation, the

transferee may compel the transferor to indorse the bill unless a

contrary intention appears. The negotiation is effective when the

indorsement is made.

(c) Effect of Notification. - (1) When a transferee notifies the

common carrier that a nonnegotiable bill of lading has been

transferred under subsection (a) of this section, the carrier is

obligated directly to the transferee for any obligations the

carrier owed to the transferor immediately before the notification.

However, before the carrier is notified, the transferee's title to

the goods and right to acquire the obligations of the carrier may

be defeated by -

(A) garnishment, attachment, or execution on the goods by a

creditor of the transferor; or

(B) notice to the carrier by the transferor or a purchaser from

the transferor of a later purchase of the goods from the

transferor.

(2) A common carrier has been notified under this subsection only

if -

(A) an officer or agent of the carrier, whose actual or

apparent authority includes acting on the notification, has been

notified; and

(B) the officer or agent has had time, exercising reasonable

diligence, to communicate with the agent having possession or

control of the goods.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1348.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80106(a) 49 App.:109 (1st Aug. 29, 1916, ch. 415,

sentence). Secs. 29 (1st sentence), 32,

33, 39 Stat. 543.

49 App.:112 (1st

sentence).

80106(b) 49 App.:113.

80106(c) 49 App.:112

(2d-last sentences).

--------------------------------------------------------------------

In subsection (a), the words "without negotiating it" are added

for clarity.

In subsection (b), the text of 49 App.:113 (last sentence) is

omitted as unnecessary because of the words "the transferee may

compel the transferor".

In subsection (c)(1), before clause (A), the words "also acquires

the right to notify" and "by the transferor or transferee of a

straight bill" are omitted as unnecessary because of the

restatement.

-End-

-CITE-

49 USC Sec. 80107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80107. Warranties and liability

-STATUTE-

(a) General Rule. - Unless a contrary intention appears, a person

negotiating or transferring a bill of lading for value warrants

that -

(1) the bill is genuine;

(2) the person has the right to transfer the bill and the title

to the goods described in the bill;

(3) the person does not know of a fact that would affect the

validity or worth of the bill; and

(4) the goods are merchantable or fit for a particular purpose

when merchantability or fitness would have been implied if the

agreement of the parties had been to transfer the goods without a

bill of lading.

(b) Security for Debt. - A person holding a bill of lading as

security for a debt and in good faith demanding or receiving

payment of the debt from another person does not warrant by the

demand or receipt -

(1) the genuineness of the bill; or

(2) the quantity or quality of the goods described in the bill.

(c) Duplicates. - A common carrier issuing a bill of lading, on

the face of which is the word "duplicate" or another word

indicating that the bill is not an original bill, is liable the

same as a person that represents and warrants that the bill is an

accurate copy of an original bill properly issued. The carrier is

not otherwise liable under the bill.

(d) Indorser Liability. - Indorsement of a bill of lading does

not make the indorser liable for failure of the common carrier or a

previous indorser to fulfill its obligations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80107(a) 49 App.:114. Aug. 29, 1916, ch. 415,

Secs. 15, 34-36, 39 Stat.

541, 543.

80107(b) 49 App.:116.

80107(c) 49 App.:95.

80107(d) 49 App.:115.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "by indorsement

or delivery" are omitted as surplus. In clause (4), the words

"merchantability or fitness" are substituted for "such warranties",

and the words "the goods without a bill of lading" are substituted

for "without a bill the goods represented thereby", for clarity.

In subsection (b), before clause (1), the words "person holding"

are substituted for "mortgagee or pledgee or other holder" because

they are inclusive. The words "from another person" are substituted

for "whether from a party to a draft drawn for such debt or from

any other person" to eliminate unnecessary words. The words "does

not warrant by the demand or receipt" are substituted for "shall

not be deemed by so doing to represent or warrant" for clarity.

In subsection (c), the words "A common carrier issuing . . . is

liable" are substituted for "plainly shall impose upon the carrier

issuing the same the liability" for clarity and to eliminate

unnecessary words. The words "The carrier is not otherwise liable

under the bill" are substituted for "but no other liability" for

clarity.

In subsection (d), the word "respective" is omitted as

unnecessary.

-End-

-CITE-

49 USC Sec. 80108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80108. Alterations and additions

-STATUTE-

An alteration or addition to a bill of lading after its issuance

by a common carrier, without authorization from the carrier in

writing or noted on the bill, is void. However, the original terms

of the bill are enforceable.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80108 49 App.:93. Aug. 29, 1916, ch. 415, Sec.

13, 39 Stat. 540.

--------------------------------------------------------------------

The word "erasure" is omitted as being included in "alteration".

The words "whatever be the nature and purpose of the change" are

omitted as surplus. The word "terms" is substituted for "tenor" for

clarity.

-End-

-CITE-

49 USC Sec. 80109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80109. Liens under negotiable bills

-STATUTE-

A common carrier issuing a negotiable bill of lading has a lien

on the goods covered by the bill for -

(1) charges for storage, transportation, and delivery

(including demurrage and terminal charges), and expenses

necessary to preserve the goods or incidental to transporting the

goods after the date of the bill; and

(2) other charges for which the bill expressly specifies a lien

is claimed to the extent the charges are allowed by law and the

agreement between the consignor and carrier.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80109 49 App.:105. Aug. 29, 1916, ch. 415, Sec.

25, 39 Stat. 542.

--------------------------------------------------------------------

In this section, before clause (1), the word "If" is omitted as

surplus. The words "covered by the bill" are substituted for

"therein mentioned" for clarity. In clause (1), the words "charges

for storage, transportation, and delivery (including demurrage and

terminal charges)" are substituted for "all charges on those goods

for freight, storage, demurrage and terminal charges . . . and all

other charges incurred in transportation and delivery" as being

inclusive and to conform to section 7-307 of the Uniform Commercial

Code. In clause (2), the words "other charges for which the bill

expressly specifies a lien" are substituted for "unless the bill

expressly enumerates other charges for which a lien . . . In such

case there shall also be a lien for the charges enumerated" for

clarity.

-End-

-CITE-

49 USC Sec. 80110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80110. Duty to deliver goods

-STATUTE-

(a) General Rules. - Except to the extent a common carrier

establishes an excuse provided by law, the carrier must deliver

goods covered by a bill of lading on demand of the consignee named

in a nonnegotiable bill or the holder of a negotiable bill for the

goods when the consignee or holder -

(1) offers in good faith to satisfy the lien of the carrier on

the goods;

(2) has possession of the bill and, if a negotiable bill,

offers to indorse and give the bill to the carrier; and

(3) agrees to sign, on delivery of the goods, a receipt for

delivery if requested by the carrier.

(b) Persons to Whom Goods May Be Delivered. - Subject to section

80111 of this title, a common carrier may deliver the goods covered

by a bill of lading to -

(1) a person entitled to their possession;

(2) the consignee named in a nonnegotiable bill; or

(3) a person in possession of a negotiable bill if -

(A) the goods are deliverable to the order of that person; or

(B) the bill has been indorsed to that person or in blank by

the consignee or another indorsee.

(c) Common Carrier Claims of Title and Possession. - A claim by a

common carrier that the carrier has title to goods or right to

their possession is an excuse for nondelivery of the goods only if

the title or right is derived from -

(1) a transfer made by the consignor or consignee after the

shipment; or

(2) the carrier's lien.

(d) Adverse Claims. - If a person other than the consignee or the

person in possession of a bill of lading claims title to or

possession of goods and the common carrier knows of the claim, the

carrier is not required to deliver the goods to any claimant until

the carrier has had a reasonable time to decide the validity of the

adverse claim or to bring a civil action to require all claimants

to interplead.

(e) Interpleader. - If at least 2 persons claim title to or

possession of the goods, the common carrier may -

(1) bring a civil action to interplead all known claimants to

the goods; or

(2) require those claimants to interplead as a defense in an

action brought against the carrier for nondelivery.

(f) Third Person Claims Not a Defense. - Except as provided in

subsections (b), (d), and (e) of this section, title or a right of

a third person is not a defense to an action brought by the

consignee of a nonnegotiable bill of lading or by the holder of a

negotiable bill against the common carrier for failure to deliver

the goods on demand unless enforced by legal process.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1349.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80110(a) 49 App.:88. Aug. 29, 1916, ch. 415,

Secs. 8, 9, 16-19, 39 Stat.

539, 541.

80110(b) 49 App.:89.

80110(c) 49 App.:96.

80110(d) 49 App.:98.

80110(e) 49 App.:97.

80110(f) 49 App.:99.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Except to the

extent a common carrier establishes an excuse provided by law" are

substituted for "in the absence of some lawful excuse" and "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" for clarity and to eliminate

unnecessary words. The word "must" is substituted for "is bound to"

for clarity. The words "if such a demand is accompanied by" are

omitted as unnecessary because of the restatement. In clause (1),

the word "lawful" is omitted as unnecessary because of the

restatement. In clause (2), the word "properly" is omitted as

surplus. In clause (3), the word "agrees" is substituted for "A

readiness and willingness" for clarity. The word "receipt" is

substituted for "acknowledgment" for consistency. The words "if

such signature" are omitted as unnecessary.

In subsection (b), before clause (1), the word "may" is

substituted for "is justified . . . in" because it is more

accurate. In clause (1), the word "entitled" is substituted for

"lawfully entitled" to eliminate an unnecessary word. In clause

(3), before subclause (A), the word "if" is substituted for "by the

terms of which" for clarity. In subclause (B), the words "another

indorsee" are substituted for "by the mediate or immediate indorsee

of the consignee" as being inclusive.

In subsection (c), before clause (1), the words "for his own

benefit" are omitted as surplus. The words "nondelivery of" are

substituted for "refusing to deliver" because they are more

accurate. The words "according to the terms of a bill issued for

them" are omitted as unnecessary. In clause (1), the words

"directly or indirectly" are omitted as unnecessary.

In subsection (d), the word "person" is substituted for "someone"

for consistency in this chapter. The words "claims title" are

substituted for "has a claim to the title" for consistency. The

words "is not required to" are substituted for "shall be excused

from liability for refusing to" for clarity. The words "any

claimant" are substituted for "either to the consignee or person in

possession of the bill or to the adverse claimant" to eliminate

unnecessary words. The words "civil action" are substituted for

"legal proceedings" for consistency with rule 2 of the Federal

Rules of Civil Procedure (28 App. U.S.C.).

In subsection (e), before clause (1), the words "at least 2" are

substituted for "more than one" for consistency in the revised

title and with other titles of the United States Code. In clause

(1), the words "civil action" are substituted for "an original

suit" for consistency with rule 2 of the Federal Rules of Civil

Procedure (28 App. U.S.C.). The words "whichever is appropriate"

are omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80111 of this title.

-End-

-CITE-

49 USC Sec. 80111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80111. Liability for delivery of goods

-STATUTE-

(a) General Rules. - A common carrier is liable for damages to a

person having title to, or right to possession of, goods when -

(1) the carrier delivers the goods to a person not entitled to

their possession unless the delivery is authorized under section

80110(b)(2) or (3) of this title;

(2) the carrier makes a delivery under section 80110(b)(2) or

(3) of this title after being requested by or for a person having

title to, or right to possession of, the goods not to make the

delivery; or

(3) at the time of delivery under section 80110(b)(2) or (3) of

this title, the carrier has information it is delivering the

goods to a person not entitled to their possession.

(b) Effectiveness of Request or Information. - A request or

information is effective under subsection (a)(2) or (3) of this

section only if -

(1) an officer or agent of the carrier, whose actual or

apparent authority includes acting on the request or information,

has been given the request or information; and

(2) the officer or agent has had time, exercising reasonable

diligence, to stop delivery of the goods.

(c) Failure To Take and Cancel Bills. - Except as provided in

subsection (d) of this section, if a common carrier delivers goods

for which a negotiable bill of lading has been issued without

taking and canceling the bill, the carrier is liable for damages

for failure to deliver the goods to a person purchasing the bill

for value in good faith whether the purchase was before or after

delivery and even when delivery was made to the person entitled to

the goods. The carrier also is liable under this paragraph if part

of the goods are delivered without taking and canceling the bill or

plainly noting on the bill that a partial delivery was made and

generally describing the goods or the remaining goods kept by the

carrier.

(d) Exceptions to Liability. - A common carrier is not liable for

failure to deliver goods to the consignee or owner of the goods or

a holder of the bill if -

(1) a delivery described in subsection (c) of this section was

compelled by legal process;

(2) the goods have been sold lawfully to satisfy the carrier's

lien;

(3) the goods have not been claimed; or

(4) the goods are perishable or hazardous.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1350.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80111(a) 49 App.:90 (less Aug. 29, 1916, ch. 415,

last par.). Secs. 10-12, 26, 39 Stat.

540, 542.

80111(b) 49 App.:90 (last

par.).

80111(c) 49 App.:91 (words

after 2d comma).

49 App.:92 (words

after 2d comma).

80111(d) 49 App.:91 (words

before 2d comma).

49 App.:92 (words

before 2d comma).

49 App.:106.

--------------------------------------------------------------------

In subsection (a), before clause (1), the word "title" is

substituted for "right of property" for consistency in this

chapter.

In subsection (c), the words "negotiable bill of lading" are

substituted for "order bill . . . the negotiation of which would

transfer the right to the possession of the goods" in 49 App.:91

for consistency in this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80110 of this title.

-End-

-CITE-

49 USC Sec. 80112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80112. Liability under negotiable bills issued in parts, sets,

or duplicates

-STATUTE-

(a) Parts and Sets. - A negotiable bill of lading issued in a

State for the transportation of goods to a place in the 48

contiguous States or the District of Columbia may not be issued in

parts or sets. A common carrier issuing a bill in violation of this

subsection is liable for damages for failure to deliver the goods

to a purchaser of one part for value in good faith even though the

purchase occurred after the carrier delivered the goods to a holder

of one of the other parts.

(b) Duplicates. - When at least 2 negotiable bills of lading are

issued in a State for the same goods to be transported to a place

in the 48 contiguous States or the District of Columbia, the word

"duplicate" or another word indicating that the bill is not an

original must be put plainly on the face of each bill except the

original. A common carrier violating this subsection is liable for

damages caused by the violation to a purchaser of the bill for

value in good faith as an original bill even though the purchase

occurred after the carrier delivered the goods to the holder of the

original bill.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1351.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80112(a) 49 App.:84. Aug. 29, 1916, ch. 415,

Secs. 4, 5, 39 Stat. 539.

80112(b) 49 App.:85.

--------------------------------------------------------------------

In this section, the words "48 contiguous States or the District

of Columbia" are substituted for "United States on the Continent of

North America, except Alaska and Panama" and the text of 49 App.:84

(proviso) and 85 (proviso) for clarity.

In subsection (a), the words "If so issued" and "described

therein" are omitted as surplus. The word "occurred" is added for

clarity.

-End-

-CITE-

49 USC Sec. 80113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80113. Liability for nonreceipt, misdescription, and improper

loading

-STATUTE-

(a) Liability for Nonreceipt and Misdescription. - Except as

provided in this section, a common carrier issuing a bill of lading

is liable for damages caused by nonreceipt by the carrier of any

part of the goods by the date shown in the bill or by failure of

the goods to correspond with the description contained in the bill.

The carrier is liable to the owner of goods transported under a

nonnegotiable bill (subject to the right of stoppage in transit) or

to the holder of a negotiable bill if the owner or holder gave

value in good faith relying on the description of the goods in the

bill or on the shipment being made on the date shown in the bill.

(b) Nonliability of Carriers. - A common carrier issuing a bill

of lading is not liable under subsection (a) of this section -

(1) when the goods are loaded by the shipper;

(2) when the bill -

(A) describes the goods in terms of marks or labels, or in a

statement about kind, quantity, or condition; or

(B) is qualified by "contents or condition of contents of

packages unknown", "said to contain", "shipper's weight, load,

and count", or words of the same meaning; and

(3) to the extent the carrier does not know whether any part of

the goods were received or conform to the description.

(c) Liability for Improper Loading. - A common carrier issuing a

bill of lading is not liable for damages caused by improper loading

if -

(1) the shipper loads the goods; and

(2) the bill contains the words "shipper's weight, load, and

count", or words of the same meaning indicating the shipper

loaded the goods.

(d) Carrier's Duty To Determine Kind, Quantity, and Number. - (1)

When bulk freight is loaded by a shipper that makes available to

the common carrier adequate facilities for weighing the freight,

the carrier must determine the kind and quantity of the freight

within a reasonable time after receiving the written request of the

shipper to make the determination. In that situation, inserting the

words "shipper's weight" or words of the same meaning in the bill

of lading has no effect.

(2) When goods are loaded by a common carrier, the carrier must

count the packages of goods, if package freight, and determine the

kind and quantity, if bulk freight. In that situation, inserting in

the bill of lading or in a notice, receipt, contract, rule, or

tariff, the words "shipper's weight, load, and count" or words

indicating that the shipper described and loaded the goods, has no

effect except for freight concealed by packages.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1351.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80113(a) 49 App.:102. Aug. 29, 1916, ch. 415, Sec.

22, 39 Stat. 542; restated

Mar. 4, 1927, ch. 510, Sec.

6, 44 Stat. 1450.

80113(b) 49 App.:101 (1st Aug. 29, 1916, ch. 415,

sentence). Secs. 20, 21, 39 Stat. 541.

80113(c) 49 App.:101 (last

sentence words

before proviso).

80113(d)(1) 49 App.:101 (last

sentence proviso).

80113(d)(2) 49 App.:100.

--------------------------------------------------------------------

In subsection (a), the words "a common carrier issuing a bill of

lading" are substituted for "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 receiving of goods

and issuing bills of lading therefor for transportation in commerce

among the several States and with foreign nations" to eliminate

unnecessary words and for consistency with section 80102 of the

revised title. The words "at the time of its issue" are omitted as

surplus.

In subsection (b), before clause (1), the words "A common carrier

issuing a bill of lading is not liable under subsection (a) of this

section" are substituted for "such statements, if true, shall not

make liable the carrier issuing the bill of lading" for clarity. In

clause (1), the word "goods" is substituted for "package freight or

bulk freight" for consistency in this chapter. In clause (2)(B),

the quoted words are placed in quotation marks for consistency and

to conform to section 7-301 of the Uniform Commercial Code. The

words " 'shipper's weight, load, and count' " are added for

consistency in this section.

In subsection (d)(1), the words "makes available to the common

carrier adequate facilities for weighing the freight" are

substituted for "installs and maintains adequate facilities for

weighing such freight, and the same are available to the carrier .

. . when given a reasonable opportunity so to do" to eliminate

unnecessary words. The words "In that situation, inserting the

words 'shipper's weight' or other words of the same meaning in the

bill of lading has no effect" are substituted for "and the carriers

shall not in such cases insert in the bill of lading the words

'Shipper's weight', or other words of like purport, and if so

inserted contrary to the provisions of this section, said words

shall be treated as null and void and as if not inserted therein"

for clarity and to eliminate unnecessary words.

In subsection (d)(2), the words "and such carrier shall not, in

such cases" are omitted as surplus. The words "In that situation .

. . has no effect" are substituted for 49 App.:100 (last sentence)

for clarity and to eliminate unnecessary words. The words "except

for freight concealed by packages" are substituted for "or in case

of bulk freight and freight not concealed by packages the

description made by him" for clarity and to eliminate unnecessary

words.

-End-

-CITE-

49 USC Sec. 80114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80114. Lost, stolen, and destroyed negotiable bills

-STATUTE-

(a) Delivery on Court Order and Surety Bond. - If a negotiable

bill of lading is lost, stolen, or destroyed, a court of competent

jurisdiction may order the common carrier to deliver the goods if

the person claiming the goods gives a surety bond, in an amount

approved by the court, to indemnify the carrier or a person injured

by delivery against liability under the outstanding original bill.

The court also may order payment of reasonable costs and attorney's

fees to the carrier. A voluntary surety bond, without court order,

is binding on the parties to the bond.

(b) Liability to Holder. - Delivery of goods under a court order

under subsection (a) of this section does not relieve a common

carrier from liability to a person to whom the negotiable bill has

been or is negotiated for value without notice of the court

proceeding or of the delivery of the goods.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1352.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80114(a) 49 App.:94 (1st Aug. 29, 1916, ch. 415, Sec.

par.). 14, 39 Stat. 540.

80114(b) 49 App.:94 (last

par.).

--------------------------------------------------------------------

In subsection (a), the word "If" is substituted for "Where" for

clarity. The words "upon satisfactory proof of such loss, theft, or

destruction" are omitted as unnecessary. The words "if the person

claiming the goods gives a surety bond" are substituted for "and

upon the giving of a bond, with sufficient surety" to clarify the

condition precedent to court approval of delivery. The words "in an

amount" are added for clarity. The word "indemnify" is substituted

for "protect" because it is more accurate. The words "against

liability under the outstanding original bill" are substituted for

"from any liability or loss incurred by reason of the original bill

remaining outstanding" for clarity. The words "surety bond" are

substituted for "indemnifying bond" for consistency in this

section.

-End-

-CITE-

49 USC Sec. 80115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80115. Limitation on use of judicial process to obtain

possession of goods from common carriers

-STATUTE-

(a) Attachment and Levy. - Except when a negotiable bill of

lading was issued originally on delivery of goods by a person that

did not have the power to dispose of the goods, goods in the

possession of a common carrier for which a negotiable bill has been

issued may be attached through judicial process or levied on in

execution of a judgment only if the bill is surrendered to the

carrier or its negotiation is enjoined.

(b) Delivery. - A common carrier may be compelled by judicial

process to deliver goods under subsection (a) of this section only

when the bill is surrendered to the carrier or impounded by the

court.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80115(a) 49 App.:103 (1st Aug. 29, 1916, ch. 415, Sec.

sentence). 23, 39 Stat. 542.

80115(b) 49 App.:103 (last

sentence).

--------------------------------------------------------------------

In subsection (a), the words "Except when a negotiable bill of

lading was issued originally on delivery of goods by a person that

did not have the power to dispose of the goods, goods . . . may be

attached . . . only if" are substituted for "If goods are delivered

to a carrier by the owner or by a person whose act in conveying the

title to them to a purchaser for value in good faith would bind the

owner . . . they can not thereafter . . . be attached . . . unless"

to restate the source provision as an exception to conform to

section 7-602 of the Uniform Commercial Code. The words "through

judicial process" are substituted for "by garnishment or

otherwise", and the words "levied on in execution of a judgment"

are substituted for "levied upon under an execution", for clarity.

-End-

-CITE-

49 USC Sec. 80116 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

CHAPTER 801 - BILLS OF LADING

-HEAD-

Sec. 80116. Criminal penalty

-STATUTE-

A person shall be fined under title 18, imprisoned for not more

than 5 years, or both, if the person -

(1) violates this chapter with intent to defraud; or

(2) knowingly or with intent to defraud -

(A) falsely makes, alters, or copies a bill of lading subject

to this chapter;

(B) utters, publishes, or issues a falsely made, altered, or

copied bill subject to this chapter; or

(C) negotiates or transfers for value a bill containing a

false statement.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1353.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

80116 49 App.:121. Aug. 29, 1916, ch. 415, Sec.

41, 39 Stat. 544.

--------------------------------------------------------------------

In this section, before clause (1), the words "fined under title

18" are substituted for "a fine not exceeding $5,000", and the

words "shall be guilty of a misdemeanor" are omitted, for

consistency with title 18. The words "upon conviction . . .

punished for each offense" are omitted as unnecessary because of

the restatement. Clause (1) is substituted for "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

chapter" for clarity and because of 18:2. In clause (2)(A), the

words "forges, counterfeits" are omitted as being included in

"makes". The word "copies" is substituted for "prints or

photographs" for clarity. The words "bill of lading subject to this

chapter" are substituted for "bill of lading purporting to

represent goods received for shipment among the several States or

with foreign nations" for clarity and for consistency with section

80102 of the revised title. Clause (2)(B) is substituted for

"utters or publishes as true and genuine any such falsely altered,

forged, counterfeited, falsely printed or photographed bill of

lading . . . or issues" to eliminate unnecessary words and for

consistency in this section. The words "knowing it to be falsely

altered, forged, counterfeited, falsely printed or photographed"

are omitted as unnecessary because of the restatement of the intent

required to commit the crime. The words "or aids in making,

altering, forging, counterfeiting, printing or photographing, or

uttering or publishing the same . . . or aids in issuing or

procuring the issue of" are omitted as surplus because of 18:2. The

words "as to the receipt of the goods, or as to any other matter"

are omitted as unnecessary.

-End-