
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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. 2
9, 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.
