Page:United States Statutes at Large Volume 39 Part 1.djvu/562

SIXTY -FOURTH CONGRESS. Sess. I. Ch. 415. 1916. 541 the (payment of the carrier’s_reasonable costs and counsel fees: Pro- $;§,'{‘;‘{;m, ,¤d_m¤,_ vide _, a voluntary indemnifying bond without order of court shall be fyinsbondbinding on the parties thereto. _ The dehvery of the goods under an order of the court, as provided w§l,l§,'f,§’,§,§,§’,“§°,'§”“ in this section, shall not relieve the carrier from liability to a person i i to whom the order bill has been or sha.ll be negotiated for value without notice of the proceedings or of the delivery of the goods. ma H Sec. 15. That a bil , upon the face of which the word "duplicate" cate iiinily M dup"` or_some other word or words indicating that the document is not an origmal bill 1s_placed, plainly shall impose upon the carrier issuin the same the hability of one who represents and warrants that suc}? bill is an accurate copy of an original bill properly issued, but no other liabilivtiy. Sec. 16. hat no title to goods or right to their possession asserted dehiigiiiimmm by a_carrier for his own benefit shall excuse him from liability for refusing to deliver the goods according to the terms of a bill issued for them, unless such title or right is derived directly or indirectly from a transfer made by the consignor or consignee after the shipment, or from the carrier’s lien. M Sec. 17. That if more than one person claim the title or possession ealiiliz mi$:.¤°dv°rS° of goods, the carrier may require all known claimants to inte lead, eit er as a defense to an action brought against him for nondiilivery of the goods or as an original suit, w `chever is appropriate. Ti an Sec. 18. That if some one other than the consignee or the erson in ¤emll?¤w¤°l'iid t° °S" possession of the bill has a claim to the title or possession of tlzie 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 validit of the adverse claim or to bring legal proceedings to compel all claimants to interplead. F { _ H Sec. 19. That except as provided in the two preceding sections uuid {$.°.§"..’i.s, gm"` °f and in section nine, no right or title of a third person, unless enforced by legal [process, shall be a defense to an action broug)ht by the consignee 0 a straight bill or bv the holder of an order ill against the carrier for failure to deliver the goods on demand. R,,p0,_S,,,,,,,y ,0, Sec. 20. That when goods are loaded by a carrier such carrier swig- 1 d i b shall count the packages of oods, if package freight, and ascertain carrieiiil °° °‘ Y the kind and quantity if buli freight, and such carrier shall not, in such cases, insert in the bill of lading or in any notice receipt, contract, rule, redgéulation, or tariff, "Shipper`s weight, load, and count," or other wor of like purport, indicating that the goods were loaded by the shi per and the description of them made by him or in case of bulk freight and freight not concealed by packages the descrgition made by him. If so inserted, contrary to the provisions o_ this sectioné said words shall be treated as null and void and as if not mserte therein. , Sec. 21. That when package freight or bulk freight is loaded by a mmbd nlliiifu Shipper and the oods are describe in a bill of lading merely by a statement of marie or labels uplon 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 certam 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 pu;-Hort are contained in the bill of lading, such statements, if true, sh 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 u on them indicate, or of the kind or quantity mm of _,ShipW,s or in the condition they were sa1d_ to be by the consignor. The ·.igin, ms, ..,..1 carrier may also by inserting in the bill of lading the words ‘Sh1pper s °°“°‘·