49-U.S.C.-80115
§80115 – Limitation On Use of Judicial Process to Obtain Possession of Goods From Common Carriers
Pathway
Title 49 > Subtitle X > Chapter 801 > Section 80115
Details
- Reference: Section 80115
- Legend: §80115 – Limitation On Use of Judicial Process to Obtain Possession of Goods From Common Carriers
- USCode Year: 2013
Provision Content
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80115(a) | 49 App.:103 (1st sentence). | Aug. 29, 1916, ch. 415, §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.
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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