Section 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, §1(e), July 5, 1994, 108 Stat. 1352.| HISTORICAL AND REVISION NOTES |
| 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. - goods
- "goods" means merchandise or personal property that has been, is being, or will be transported.
- holder
- "holder" means a person having possession of, and a property right in, a bill of lading.
- order
- "order" means an order by indorsement on a bill of lading.