§ 80115. — Limitation on use of judicial process to obtain possession of goods from common carriers.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC80115]
TITLE 49--TRANSPORTATION
SUBTITLE X--MISCELLANEOUS
CHAPTER 801--BILLS OF LADING
Sec. 80115. Limitation on use of judicial process to obtain
possession of goods from common carriers
(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, Sec. 1(e), July 5, 1994, 108 Stat. 1353.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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80115(a).............................. 49 App.:103 (1st sentence). Aug. 29, 1916, ch. 415, Sec. 23, 39
Stat. 542.
80115(b).............................. 49 App.:103 (last sentence).
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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.
