Section 6. [STRAIGHT BILL IS" NON-NEGOTIABLE" AND MUST BE SO MARKED.] That a straight bill shall have placed plainly upon its face by the carrier issuing it "nonnegotiable " or " not negotiable.”

This section shall not apply, however, to memoranda or acknowledgments of an informal character.

Section 7.-["ORDER-NOTIFY" BILL IS NEGOTIABLE. That the insertion in an order 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 any rights or equities of such person in the goods.67

§ 1119. Carrier's duty to deliver and effect of delivery.

Section 8. [CARRIER'S DUTY TO DELIVER GOODS.] That 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 an order bill, by the holder thereof, if such a demand is accompanied by

(a) An offer in good faith to satisfy the carrier's lawful lien upon the goods;

(b) Possession of the bill of lading and an offer in good faith to surrender, properly indorsed, the bill which was issued for the goods, if the bill is an order bill; 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.68

Section 9. [PROPER DELIVERY RELEASES CARRIER.] That 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

or

(b) The consignee named in a straight bill for the goods,

67 See Williston on Sales, § 287.

68 See Williston on Sales, §§ 285, 424.

(c) A person in possession of an order 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.

Section 10. [WHEN DELIVERY DOES NOT RELEASE CARRIER.] That 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.

Such 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.69

§ 1120. Cancellation or alterations of bills of lading.

Section 11. [CANCELLATION OF ORDER BILL REQUIRED ON DELIVERY OF THE GOODS.] That except as provided in section twenty-six, and except when compelled by legal process, if a carrier delivers goods for which an order 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

69 See Williston on Sales, § 421.

and notwithstanding delivery was made to the person entitled thereto.70

Section 12. [PART DELIVERY MUST BE NOTED OR BILL CANCELED.] That except as provided in section twentysix, and except when compelled by legal process, if a carrier delivers part of the goods for which an order 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 carriers 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.

Section 13. [ALTERATION OF BILL WITHOUT CARRIER'S AUTHORITY IS VOID.] That 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.71

§ 1121. Lost bills of lading and duplicates.

Section 14. [LOSS OF ORDER BILL WILL NOT EXCUSE CARRIER FROM DELIVERING THE GOODS IF INDEMNIFIED.] That where an order bill has been lost, stolen, or destroyed a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss, theft, 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 This section is taken from a stipulation in the Uniform bill of lading adopted by the Interstate Commerce Commission.

70 See Williston on Sales, § 424; Babbitt v. Grand Trunk Western Ry. Co., 209 Ill. App. 183, 285 Ill. 267, 120 N. E. 803.

71 See Williston on Sales, § 443.

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: Provided: a voluntary indemnifying bond without order of court shall be binding on the parties thereto.

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 order bill has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods.

Section 15. [DUPLICATE BILL.] That 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.72

§ 1122. Adverse claims to the goods.

Section 16. [CARRIER CANNOT ASSERT TITLE TO GOODS SHIPPED.] That 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.73

Section 17. [CARRIER MAY REQUIRE ALL PERSONS WHO CLAIM GOODS TO INTERPLEAD.] That if more than one person claim 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 nondelivery of the goods or as an original suit, whichever is appropriate.

Section 18. [CARRIER ENTITLED TO A REASONABLE TIME TO ASCERTAIN VALIDITY OF ADVERSE CLAIMS.] That if some one other than the consignee or the person in possession of the bill has a claim to the title or possession of

72 See Williston on Sales, § 441.

73 See supra, §§ 1036, 1037. Also

the corresponding provisions of the Warehouse Receipts Act, supra, § 1054.

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.74

Section 19. [CARRIER CANNOT REFUSE DELIVERY EXCEPT FOR CAUSES SPECIFIED.] That except as provided in the two preceding sections and in section nine, 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 straight bill or by the holder of an order bill against the carrier for failure to deliver the goods on demand.

§ 1123. Effect of "shipper's weight, load and count" clause. Section 20.-[" SHIPPER'S WEIGHT, LOAD, AND COUNT" CLAUSE-WHEN PROHIBITED.] That when goods are loaded by a carrier such carrier shall count the packages of goods, if package freight, and ascertain the kind and quantity if bulk freight, and such carrier shall not, in such cases, insert in the bill of lading or in any notice, receipt, contract, rule, regulation, or tariff, "Shipper's weight, load, and count," or other words of like purport, indicating that the goods were loaded by the shipper and the description of them made by him or in case of bulk freight and freight not concealed by packages the description made by him. 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."

75

Section 21.-[" SHIPPER'S [“SHIPPER'S WEIGHT, LOAD, AND COUNT" CLAUSE-EFFECT OF WHEN RIGHTFULLY INSERTED.] That when package freight or bulk freight is loaded by a shipper and the goods are described in a bill of lading merely by a statement of marks or labels upon them

74 See The Idaho, 93 U. S. 575, 23 L. Ed. 978; Atchison &c. R. v. International &c. Co., 247 Fed. 265, 267, 159 C. C. A. 359.

75 This section is not found in the Uniform State Act, but was inserted in the Federal statute to meet practices complained of by shippers.