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ELKINS ACT

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company has knowingly received or accepted from any such common carrier any sum of money or other valuable consideration as a rebate or offset as aforesaid, to institute in any court of the United States of competent jurisdiction a civil action to collect the said sum or sums so forfeited as aforesaid; and in the trial of said action all such rebates or other considerations so received or accepted for a period of six years prior to the commencement of the action, may be included therein, and the amount recovered shall be three times the total amount of money, or three times the total value of such con

sideration, so received or accepted, or both, as the case may be. Persons i oter. ested in matters in

Sec. 2. That in any proceeding for the enforcement of the provisions of the statutes relating volved in cases to interstate commerce, whether such proceedings be instituted before the Interstate Commerce Commerdo como Commission or be begun originally in any circuit court of the United States, it shall be lawful to mission or circuit include as parties, in addition to the carrier, all persons interested in or affected by the rate, reguparties and shall be lation, or practice under consideration, and inquiries, investigations, orders, and decrees may be subject to orders or decrees.

made with reference to and against such additional parties in the same manner, to the same extent

and be subject to the same provisions as are or shall be authorized by law with respect to carriers. Court ma y redepartures

Sec. 3. That whenever the Interstate Commerce Commission shall have reasonable ground for from published belief that any common carrier is engaged in the carriage of passengers or freight traffic between crimination pro- given points at less than the published rates on file, or is committing any discriminations forbidden hibited by law.

by law, a petition may be presented alleging such facts to the circuit court of the United States sitting in equity having jurisdiction; and when the act complained of is alleged to have been committed or as being committed in part in more than one judicial district or State, it may be dealt with, inquired of, tried, and determined in either such judicial district or State, whereupon it shall be the duty of the court summarily to inquire into the circumstances, upon such notice and in such manner as the court shall direct and without the formal pleadings and proceedings applicable to ordinary suits in equity, and to make such other persons or corporations parties thereto as the court may deem necessary, and upon being satisfied of the truth of the allegations of said petition said court shall enforce an observance of the published tariffs or direct and require a discontinuance of such discrimination by proper orders, writs, and process, which said orders, writs, and process may be enforceable as well against the parties interested in the traffic as against the carrier, subject to the right of appeal as now provided by law. It shall be the duty of the several district attorneys of the United States, whenever the Attorney General shall direct, either of his own motion or upon the request of the Interstate Commerce Commission, to institute and prosecute such proceedings,

and the proceedings provided for by this Act shall not preclude the bringing of suit for the recovery Court may com

of damages by and party injured, or any other action provided by said Act Approved February pel attendance and fourth, eighteen hundred and eighty-seven, entitled "An Act to regulate commerce" and the Acts nesses and produo- amendatory thereof. And in proceedings under this Act and the Acts to regulate commerce the tion of books and said courts shall have the power to compel the attendance of witnesses, both upon the part of the

carrier and the shipper, who shall be required to answer on all subjects relating directly or indirectly to the matter in controversy, and to compel the production of all books and papers, both of the

carrier and shipper, which relate directly or indirectly to such transaction; the claim that such testiImmunity. mony or evidence may tend to criminate the person giving such evidence shall not excuse such person from testifying or such corporation producing its books and papers,

but no person

shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing Expediting Act concerning which he may testify or produce evidence documentary or otherwise in such proceeding: of Feb. 11, 1903, to apply in cases Provided, That the provisions of an Act entitled "An Act to expedite the hearing and determinaprosecuted under direction

tión of suits in equity pending or hereafter brought under the Act of July second, eighteen hundred torney General in and ninety, entitled 'An Act to protect trade and commerce against unlawful restraints and monop

Commerce olies,' 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eightyCommission.

seven, or any other Acts having a like purpose that may be hereafter enacted, approved February eleventh, nineteen hundred and three,” shall apply to any case prosecuted under the direction of

the Attorney General in the name of the Interstate Commerce Commission. Conflicting laws

Sec. 4. That all Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. repealed, but such repeal shall not affect causes now pending nor rights which have already accrued,

but such causes shall be prosecuted to a conclusion and such rights enforced in a manner heretofore provided by law and as modified by the provisions of this Act.

Sec. 5. That this Act shall take effect from its passage.

of

At

name state

BILLS OF LADING ACT

BILLS OF LADING ACT

(Approved August 29, 1916, effective January 1, 1917.)

AN ACT Relating to bills of lading in interstate and foreign commerce.

Be it enacted by the Senate and House of Representatives of the United States of America Bills of lading. 39 Stat. L., 538. in Congress assembled, That bills of lading issued by any common carrier for the transportation

Issued in inter- of goods in any Territory of the United States, or the District of Columbia, or from a place in a State commerce governed to a place in a foreign country, or from a place in one State to a place in another State, or from a hereby.

place in one State to a place in the same State through another State or foreign country, shall be

governed by this act. Straight bills defined.

SEC. 2. That a bill in which it is stated that the goods are consigned or destined to a specified

person is a straight bill. Order bills de- SEC. 3. That a bill in which it is stated that the goods are consigned or destined to the order fined.

of any person named in such bill is an order bill. Any provision in such a bill or in any notice, conNegotiability. tract, rule, regulation, or tariff that it is non-negotiable shall be null and void and shall not affect

its negotiability within the meaning of this act unless upon its face and in writing agreed to by the

shipper. Issued in part for continental use, for

SEC. 4. That order bills issued in a State for the transportation of goods to any place in the bidden.

United States on the Continent of North America, except Alaska and Panama, 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 anyone who purchases a part for value in good faith, even though the pur

chase be after the delivery of the goods by the carrier to a holder of one of the other parts: Provided, Proviso.

however, That nothing contained in this section shall be interpreted or construed to forbid the issuing For insular, eto., of order bills in parts or sets for such transportation of goods to Alaska, Panama, Porto Rico, the use permitted.

Philippines, Hawaii, or foreign countries, or to impose the liabilities set forth in this section for so

doing. Duplicates.

Sec. 5. That when more than one order bill is issued in a State for the same goods to be transCharacter to be ported to any place in the United States on the Continent of North America, except Alaska and noted.

Panama, 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 Liability for fail- carrier shall be liable for the damage caused by his failure so to do to anyone who has purchased

the bill for value in good faith as an original, even though the purchase be after the delivery of the Exceptions.

goods by the carrier to the holder of the original bill: Provided, however, That nothing contained in this section shall in such case for such transportation of goods to Alaska, Panama, Porto Rico, the Philippines, Hawaii, or foreign countries be interpreted or construed so as to require the placing

of the word “duplicate” thereon, or to impose the liabilities set forth in this section for failure so to do. Straight bills pot negotiable.

Sec. 6. That a straight bill shall have placed plainly upon its face by the carrier issuing it

"nonnegotiable" or "not negotiable.” Memoranda. This section shall not apply, however, to memoranda or acknowledgment of an informal

character. Negotiability of order bills.

Sec. 7. 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. Carrier to deliver SEC. 8. That a carrier, in the absence of some lawful excuse, is bound to deliver goods upon a goods on demand.

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, Conditions.

(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) 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. Lawful excuso.

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. To whom carrier shall deliver goods. SEC. 9. 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
(b) The consignee named in a straight bill for the goods, or

ure.

BILLS OF LADING ACT

(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. Liability for unlawful delivery.

SEC. 10 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. Exceptions.

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. Failure to deliver Sec. 11. That except as provided in section twenty-six, and except when compelled by legal goods.

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 and notwithstanding delivery was made to the person entitled thereto. Delivery of part SEC. 12. That except as provided in section twenty-six, and except when compelled by legal of the goods.

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 biil, or

(b) To place plainly upon it a statement that a portion of the goods has been delivered with a descripcion 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. Alteration of a

Sec. 13. That any alteration, addition, or erasure in a bill after its issue without authority bill,

from the carrier issuing the same, either in writing or noted on the bili, shall be void, whatever be

the nature and purpose of the change, and the bill shall be enforceable according to its original tenor. Lost, stolen, or Sec. 14. That where an order bill has been lost, stolen, or destroyed a court of competent jurisdestroyed bill.

diction 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 liability or loss incurred by reason of the original bill remaining outstanding. The court may also in its discretion order the payment of the carriers reasonable costs and counsel fees: Provided, a voluntary indemnifying bond without order of court

shall be binding on the parties thereto. Delivery of goods 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. Liability under Sec. 15. That a bill, upon the face of which the word “duplicate” or some other word or words "duplicates."

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. Carrier's title to SEC. 16. That no title to goods or right to their possession asserted by a carrier for his own goods.

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. Different claim

Sec. 17. That if more than one person claim the title or possession of goods, the carrier may require all known claimants to interplcad, either as a defense to an action brought against him for non

delivery of the goods or as an original suit, whichever is appropriate. Claimants ma y

SEC. 18. That if some one other than the consignee or the person in possession of the bill has a interplead.

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.

order

of

under court.

ants.

BILLS OF LADING ACT

Defenses against bolders of bills.

Sec. 19. 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. When goods are Sec. 20. That when goods are loaded by a carrier such carrier shall count the packages of goods, loaded by a carrier.

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. When goods are Sec. 21. That when package freight or bulk freight is loaded by a shipper and the goods are loaded by a shipper. described in a bill of lading 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 of lading that packages are said to contain goods of a certain kind or quantity or in a certain condition, or that the contents or condition of the contents of packages are unknown, or words of like purport are contained in the bill of lading, such statements, if true, shall not make liable the carrier issuing the bill of lading, 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 Conditions.

in the condition they were said to be by the consignor. The carrier may also by inserting in the bill of lading the words "Shipper's weight, load, and count,” or other words of like purport indicate 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 damages caused by the improper loading or by the nonreceipt Shipper's scales. or by the misdescription of the goods described in the bill of lading: Provided, however, Where the

shipper of bulk freight installs and maintains adequate facilities for weighing such freight, and the same are available to the carrier, then the carrier, upon written request of such shipper and when given a reasonable opportunity so to do, shall ascertain the kind and quantity of bulk freight within a reasonable time after such written request, 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 pro

visions of this section, said words shall be treated as null and void and as if not inserted therein. Liability of car- Sec. 22. That if a bill of lading has been issued by a carrier or on his behalf by an agent or rier.

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, the carrier shall be liable to(a) the owner of goods covered by a straight bill subject to existing right of stoppage in transitu or (b) the holder of an order bill, who has given value in good faith, relying upon the description therein of the goods, for damages caused by the nonreceipt by the 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.

Sec. 23. That if goods are delivered to a carrier by the owner or by a person whose act in convey

ing the title to them to a purchaser for value in good faith would bind the owner, and an order bill is Garnishment.

issued for them, thay can not thereafter, while in the possession of the carrier, be attached by garnishment or otherwise or be levied upon under an execution unless the bill be first surrendered to the cárrier or its negotiation enjoined. The carrier shall in no such case be compelled to deliver the actual possession of the goods until the bill is surrendered to him or impounded by the court.

SEC. 24. That a creditor whose debtor is the owner of an order bill shall be entitled to such aid

from courts of appropriate jurisdiction by injunction and utherwise in attaching such bill or in satisfyInjunction. ing the claim by means thereof as is allowed at law or in equity in regard to property which can

not readily be attached or levied upon by ordinary legal prooess.

Sec. 25. That if anorder bill is issued the carrier shall have a lien on the goods therein mentioned

on those goods for freight, storage, demurrage and terminal charges, and expenses necessary for the Carrier's lien.

preservation of the goods or incident to their transportation subsequent to the date of the bill and all other charges incurred in transportation and delivery, unless the bill expressly enumerates other charges for which a lien is claimed. In such case there shall also be a lien for the charges enumerated

so far as they are allowed by law and the contract between the consignor and the carrier. Bill for goods SEC. 26. That after goods have been lawfully sold to satisfy a carrier's lien, or because they sold under carrier's have not been claimed, or because they are perishable or hazardous, the carrier shall not thereafter lien.

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 hill. Negotiation by

Sec. 27. That an order bill may be negotiated by delivery where, by the terms of the bill, delivery.

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.

BILLS OF LADING ACT

possessor.

to

Negotiation by indorsement.

Sec. 28 That an order bill may be negotiated by the 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. Existing equities Sec. 29. That a bill may be transferred by the holder by delivery, accompanied with an agreeunder straight bill.

ment, express or 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. Bill negotiable by

Sec. 30. That an order bill may be negotiated by any 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 therebyTitle to goods. (a) Such title to the goods as the person negotiating 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. Transferee's title. Sec. 32. That a person to whom a bill has been transferred, 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 thereby to become the direct obligee of whatever obligations the

carrier owed to the transferor of the bill immediately before the notification. Notification carrier.

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. Lawful notifica- A carrier has not received notification within the meaning of this section unless an officer or tion.

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 value by delivery, and the indorsement of

the transferor is essential for negotiation, the transferee acquires a 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.

Sec. 34. That a person who negotiates or transfers for value a bill by indorsement or delivery, Warranties.

unless a contrary intention appears, warrants

(a) That the hill 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 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. Liability of in- Sec. 35. That the indorsement of a bill shall not make the indorser liable for any failure on the dorser.

part of the carrier or previous indorsers of the bill to fulfill their respective obligations. Pledgee's war.

Sec. 36. That a mortgagee or pledgee or other holder of a bill for security who in good faith ranty.

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. Validity of nego- Sec. 37. That the validity of the negotiation of a bill is not impaired by the fact that such netiation.

gotiation 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 give value therefor in good faith, without notice of the breach of

duty, or fraud, accident, mistake, duress, loss, theft, or conversion. Subsequent nego

Sec. 38. That where a person, having sold, mortgaged, or pledged goods which are in a carrier's ciation.

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

dorsement.

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