49-U.S.C.-80114
§80114 – Lost, Stolen, and Destroyed Negotiable Bills
Pathway
Title 49 > Subtitle X > Chapter 801 > Section 80114
Details
- Reference: Section 80114
- Legend: §80114 – Lost, Stolen, and Destroyed Negotiable Bills
- USCode Year: 2013
Provision Content
(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 attorneys 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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1352.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80114(a) | 49 App.:94 (1st par.). | Aug. 29, 1916, ch. 415, §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.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-80113 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-80113, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
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