§ 80114. — Lost, stolen, and destroyed negotiable bills.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80114]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 801--BILLS OF LADING
Sec. 80114. Lost, stolen, and destroyed negotiable bills
(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 attorney's 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, Sec. 1(e), July 5, 1994, 108 Stat. 1352.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80114(a).............................. 49 App.:94 (1st par.). Aug. 29, 1916, ch. 415, Sec. 14, 39
Stat. 540.
80114(b).............................. 49 App.:94 (last par.).
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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.
