Bills of Lading (Classic Reprint)
Preis: | 18.95 EUR* (inkl. MWST zzgl. Versand - Preis kann jetzt höher sein!) |
Versand: | 0.00 EUR Versandkostenfrei innerhalb von Deutschland |
Partner: | buecher.de |
Hersteller: | Forgotten Books (Clapp, Mr.) |
Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Bills of Lading Sec. 3. That a carrier shall be liable to any person injured thereby for the damage caused by the failure to comply with any of the provisions of sections one and two hereof. But an order or a straight bill of lading, notwithstanding such noncompliance, shall be within the provisions of this act. Sec. 4. That every carrier who himself, or by his officer, agent, or servant authorized to issue tills of lading, shall issue an order bill of lading or a straight bill of lading, as defined by this act, before the whole of the property as described therein shall have been actually received and is at the time under the actual control of such earner to be transported, or who shall issue a second or duplicate order bill of lading or straight bill of lading for the same property, in whole or in part, for which a former bill of lading has been issued and remains outstanding and uncanceled, without prominently marking across the face of the same the word "Duplicate," shall be estopped, as against the consignee and every other person who shall acquire any such bill of lading in good faith and for value, to deny the receipt of the property as described therein, or to assert that a former bill of lading has been issued and remains outstanding and uncanceled for the same property, as the case may be; and such issuing carrier shall be liable to the consignee named in a straight bill, or to the holder of an order bill who has given value in good faith relying on the description therein of the property for damages caused by the nonreceipt by the carrier of all or part of the property, or its failure to correspond with the description thereof in the bill at the time of its issue, or for the failure to mark the word "Duplicate" upon a second or duplicate bill as indicated above: Provided, That where an order or a straight bill of lading is issued for property billed "shipper´s load and count," indicating that the goods were loaded by the shipper and the description of them made by him; and if such statement be true the carrier shall not be liable for the nonreceipt or by the misdescription of the goods described in the bill, in which event the estoppel and liability above provided shall not attach. Sec. 5. That every carrier, or officer, agent, or servant of a carrier, who shall deliver the property described in an order bill of lading without requiring surrender and making cancellation of such bill, or, in case of partial delivery, indorsing thereon a statement of the property delivered, shall be estopped, as against all and every person or persons who have acquired, or who thereafter shall acquire, in good faith and for value, any such order bill of lading, from asserting that the property as described therein has been delivered or partially delivered; and such carrier shall lie liable to every and any such person for the damages which he or they may have sustained because of reliance upon such bill. Sec. 6. That no carrier shall be liable under the provisions of this act where the property is replevied, or removed from the possession of the carrier by other legal process, or has been lawfully sold to satisfy the carriers lien, or in case of sale or disposition of perishable, hazardous, or unclaimed goods, in accordance with law or the terms of the bill of lading. Sec. 7. That any alteration, addition, or erasure in a bill of lading after its issue without authority from the carrier issuing the same, either in writing or noted on the bill of lading, shall be void, but such bill of lading shall be enforceable according to its original tenor. S. 4713, Sixty-second Congress, second session. A Bill Relating to bills of lading in commerce with foreign nations and among the several States. Be it enacted by the Sarnie and House of Representa
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