United States Code

and enforced by the same penalties and proceedings as are the orders of the Commission made under the provisions of section 15 of this Appendix, and they may be conditioned for the payment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order.

(Aug. 24, 1912, ch. 390, § 11, 37 Stat. 568.)

§ 52. Repealed. Pub. L. 95-473, § 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470

Section repealed subject to an exception related to transportation of oil by pipeline. For disposition of this section in revised Title 49, Transportation, see Table at the beginning of Title 49. See, also, the notes following the Table.

Prior to repeal, section read as follows:

§ 52. Railroads to serve employees in valuation work; compensation

It shall be the duty of every common carrier by railroad whose property is being valued under section 19a of this Appendix to transport the engineers, field parties, and other employees of the United States who are actually engaged in making surveys and other examination of the physical property of said carrier necessary to execute said section from point to point on said railroad as may be reasonably required by them in the actual discharge of their duties; and, also, to move from point to point and store at such points as may be reasonably required the cars of the United States which are being used to house and maintain said employees; and, also, to carry the supplies necessary to maintain said employees and the other property of the United States actually used on said railroad in said work of valuation. The service above required shall be regarded as a special service and shall be rendered under such forms and regulations and for such reasonable compensation as may be prescribed by the Interstate Commerce Commission and as will insure an accurate record and account of the service rendered by the railroad, and such evidence of transportation, bills of lading, and so forth, shall be furnished to the Commission as may from time to time be required by the Commission.

(Aug. 1, 1914, ch. 223, § 1, 38 Stat. 627.)

§ 53. Omitted

CODIFICATION

Section, act Feb. 17, 1917, ch. 84, 39 Stat. 922, prohibited the Commission or the courts from construing the Interstate Commerce Act as prohibiting the lessee of the Cincinnati Southern Railway from furnishing certain free transportation, and was omitted as being of limited interest.

§ 54. Repealed. May 29, 1928, ch. 901, § 1(114), 45 Stat. 994

Section, act Mar. 4, 1915, ch. 147, § 1, 38 Stat. 1140, related to statements showing employments under appropriations.

§ 55. Repealed. Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1466

Section, act Jan. 30, 1925, ch. 120, 43 Stat. 801, set forth policy for rate adjustments, and authorized investigations of rates. For disposition of this section in revised Title 49, Transportation, see Table at the beginning of Title 49.

§ 56. Repealed. May 29, 1928, ch. 901, § 1(113), 45 Stat.

994

Section, act Oct. 2, 1888, ch. 1069, 25 Stat. 530, related to inclusion of statement of expenditures of Commission in annual report to Congress.

§ 57. Repealed. Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1466

Section, acts Mar. 2, 1889, ch. 411, § 1, 25 Stat. 954; June 10, 1921, ch. 18, § 304, 42 Stat. 24, related to auditing of expenses of the Interstate Commerce Commission. For disposition of this section in revised Title 49. Transportation, see Table at the beginning of Title 49.

§ 58. Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(27), 63 Stat. 401, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583

Section, act Aug. 1, 1914, ch. 223, § 1, 38 Stat. 627, related to exchange of typewriters, adding machines, and other devices. See section 471 et seq. of Title 40, Public Buildings, Property, and Works.

EFFECTIVE DATE OF REPEAL

Repeal of section effective July 1, 1949, see section 505 of act June 30, 1949.

§§ 59, 60. Repealed. Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1466

Section 59, act June 19, 1934, ch. 648, title II, § 1, 48 Stat. 1056, related to the drought emergency existing in June 1934.

Section 60, act Jan. 19, 1929, ch. 79, §§ 1, 2, 45 Stat. 1084, authorized prison made goods to be divested of interstate character.

For disposition of these sections in revised Title 49, Transportation, see Table at the beginning of Title 49.

§§ 61 to 64. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862

Section 61, act July 24, 1935, ch. 412, § 1, 49 Stat. 494, related to transportation or importation of convict made goods. See section 1761 of Title 18, Crimes and Criminal Procedure.

Section 62, act July 24, 1935, ch. 412, § 2, 49 Stat. 494, related to marking packages. See section 1762 of Title 18.

Section 63, act July 24, 1935, ch. 412, § 3, 49 Stat. 495, related to penalties for violations. See section 1762 of Title 18.

Section 64, act July 24, 1935, ch. 412, § 4, 49 Stat. 495, related to jurisdiction of violations.

EFFECTIVE DATE OF REPEAL

Repeal of sections 61 to 64 effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§ 65. Repealed. Pub. L. 95-473, § 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470

Prior to repeal, section read as follows:

§ 65. Government traffic; rates

(a) Notwithstanding any other provision of law, but subject to the provisions of sections 1(7) and 22 of the Interstate Commerce Act, as amended [49 App. U.S.C. 1(7) and 221, the full applicable commercial rates, fares, or charges shall be paid for transportation by any common carrier subject to such Act of any persons or property for the United States, or on its behalf, and the rate determined by the Interstate Commerce Commission as reasonable therefor shall be paid for the transportation by railroad of the United States mail: Provided, however, That any carrier by

railroad and the United States may enter into contracts for the transportation of the United States mail for less than such rate: Provided further, That section 5 of title 41, shall not after September 18, 1940, be construed as requiring advertising for bids in connection with the procurement of transportation services when the services required can be procured from any common carrier lawfully operating in the territory where such services are to be performed.

(b) If any carrier by railroad furnishing such transportation, or any predecessor in interest, shall have received a grant of lands from the United States to aid in the construction of any part of the railroad operated by it, the provisions of law with respect to compensation for such transportation shall continue to apply to such transportation as though subsection (a) of this section had not been enacted until such carrier shall file with the Secretary of the Interior, in the form and manner prescribed by him, a release of any claim it may have against the United States to lands, interests in lands, compensation, or reimbursement on account of lands or interests in lands which have been granted, claimed to have been granted, or which it is claimed should have been granted to such carrier or any such predecessor in interest under any grant to such carrier or such predecessor in interest as aforesaid. Such release must be filed within one year from September 18, 1940. Nothing in this section shall be construed as requiring any such carrier to reconvey to the United States lands which have been heretofore patented or certified to it, or to prevent the issuance of patents confirming the title to such lands as the Secretary of the Interior shall find have been heretofore sold by any such carrier to an innocent purchaser for value or as preventing the issuance of patents to lands listed or selected by such carrier, which listing or selection has heretofore been fully and finally approved by the Secretary of the Interior to the extent that the issuance of such patents may be authorized by law.

(Sept. 18, 1940, ch. 722, title III, § 321, 54 Stat. 954; Dec. 12, 1945, ch. 573, § 1, 59 Stat. 606.)

§ 65a. Repealed. Pub. L. 95-473, § 4(b), (c), Oct. 17, 1978, 92 Stat. 1466, 1470

Prior to repeal, section read as follows:

§ 65a. Readjustment of fares, rates, and charges to shippers The Interstate Commerce Commission, in the exercise of its power to prescribe just and reasonable rates, fares, and charges, shall give due consideration to the increased revenues which carriers will receive as a result of the enactment of section 65 of this Appendix, so that such increased revenues will be reflected in appropriate readjustments in rates, fares, and charges to shippers.

(Dec. 12, 1945, ch. 573, § 3, 59 Stat. 607.)

§ 66. Transferred

CODIFICATION

Section, acts Sept. 18, 1940, ch. 722, title III, § 322, 54 Stat. 955; Aug 26, 1958, Pub. L. 85-762, § 2, 72 Stat. 860; Oct. 25, 1972, Pub. L. 92-550, § 1, 86 Stat. 1163; Jan. 2, 1975, Pub. L. 93-604, title III. § 201, 88 Stat. 1960, relating to the payment for transportation of persons or property for or on behalf of the United States by any carrier or forwarder, was transferred to section 244 of former Title 31, prior to its repeal by Pub. L. 97-258, § 5(b), Sept. 13, 1982, 96 Stat. 1075, the first section of which enacted Title 31, Money and Finance. See section 3726 of Title 31.

PRIOR PROVISIONS

Provisions formerly classified to this section, act Sept. 18, 1940, ch. 722, title III, § 321, 54 Stat. 954, are classified to section 65 of this Appendix.

§ 67. Transferred

CODIFICATION

Section, act Sept. 18, 1940, ch. 722, title III, § 322, 54 Stat. 955, which related to payment for transportation of United States mail and persons or property on behalf of the United States, was transferred to section 66 of this Appendix.

CHAPTER 3-TERMINATION OF FEDERAL CONTROL

§§ 71 to 79. Repealed. Pub. L. 95-473, § 4(b), Oct. 17, 1978, 92 Stat. 1466

Section 71, act Feb. 28, 1920, ch. 91, § 2, 41 Stat. 457, related to definitions.

Section 72, act Feb. 28, 1920, ch. 91, § 202, 41 Stat. 457, related to the funds available.

Section 73, acts Feb. 28, 1920, ch. 91, § 204, 41 Stat. 460; Mar. 4, 1927, ch. 510, § 4, 44 Stat. 1450; Jan. 7, 1941, ch. 938, 54 Stat. 1226, related to reimbursement of deficits during Federal control.

Section 74, acts Feb. 28, 1920, ch. 91, § 206, 41 Stat. 461; Feb. 24, 1922, ch. 70, §§ 1, 2, 42 Stat. 393; Mar. 3, 1923, ch. 233, 42 Stat. 1443; Mar. 4, 1927, ch. 510, § 5. 44 Stat. 1450, related to causes of actions arising out of Federal control.

Section 75, act May 8, 1920, ch. 172, 41 Stat. 590, related to certificate of amounts due from carrier to President and deduction of amounts so certified.

Section 76, act Feb. 28, 1920, ch. 91, § 208(a), (b), 41 Stat. 464, related to continuance of existing rates. Section 77, act Feb. 28, 1920, ch. 91, § 209, 41 Stat. 464, related to guaranty to carriers after termination of Federal control.

Section 78, act Feb. 28, 1920, ch. 91, § 211, 41 Stat. 464, related to execution of the powers by the Presi dent.

Section 79, act Feb. 28, 1920, ch. 91, § 212, as added Feb. 26, 1921, ch. 72, 41 Stat. 1145, related to further certificates and warrants.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 46 section 1303.

§ 81. Transportation included

Bills of lading issued by any common carrier for the transportation of goods in any Territory of the United States, or the District of Columbia, or from a place in a State to a place in a foreign country, or from a place in one State to a place in another State, or from a place in one State to a place in the same State through another State or foreign country, shall be governed by this chapter.

(Aug. 29, 1916, ch. 415, § 1, 39 Stat. 538.)

EFFECTIVE DATE

Section 56 of act Aug. 29, 1916, provided that this chapter is effective Jan. 1, 1917.

SHORT TITLE

Act Aug. 29, 1916, ch. 415, 39 Stat. 538, which enacted this chapter, is popularly known as the "Pomerene Bills of Lading Act".

CROSS REFERENCES

Initial carrier's liability to holder of bill of lading, see section 20 of this Appendix.

§ 82. Straight bill of lading

A bill in which it is stated that the goods are consigned or destined to a specified person is a straight bill.

(Aug. 29, 1916, ch. 415, § 2, 39 Stat. 539.)

§ 83. Order bill of lading; negotiability

A bill in which it is stated that the goods are consigned or destined to the order of any person named in such bill is an order bill. Any provision in such a bill or in any notice, contract, rule, regulation, or tariff that it is nonnegotiable shall be null and void and shall not affect its negotiability within the meaning of this chapter unless upon its face and in writing agreed to by the shipper.

(Aug. 29, 1916, ch. 415, § 3, 39 Stat. 539.)

§ 84. Order bills in parts or sets; liability of carrier

Order bills issued in a State for the transportation of goods to any place in the United States on the Continent of North America, except Alaska and Panama, shall not be issued in parts or sets. If so issued, the carrier issuing them shall be liable for failure to deliver the goods described therein to anyone who purchases a part for value in good faith, even though the purchase be after the delivery of the goods by the carrier to a holder of one of the other parts: Provided, however, That nothing contained in this section shall be interpreted or construed to forbid the issuing of order bills in parts or sets for such transportation of goods to Alaska, Panama, Puerto Rico, Hawaii, or foreign countries, or to impose the liabilities set forth in this section for so doing.

(Aug. 29, 1916, ch. 415, § 4, 39 Stat. 539; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

CODIFICATION

Words "the Philippine Islands" were omitted from text on authority of 1946 Proc. No. 2695, which granted independence to the Philippines, and which was issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, and under which section it is set out as a note.

CHANGE OF NAME

The name of "Porto Rico" was changed to "Puerto Rico" by act May 17, 1932.

ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959 upon the issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959 upon the issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48.

§ 85. Indorsement on duplicate bill; liability

When more than one order bill is issued in a State for the same goods to be transported to any place in the United States on the Conti

nent of North America, except Alaska and Panama, the word "duplicate", or some other word or words indicating that the document is not an original bill, shall be placed plainly upon the face of every such bill except the one first issued. A carrier shall be liable for the damage caused by his failure so to do to anyone who has purchased the bill for value in good faith as an original, even though the purchase be after the delivery of the goods by the carrier to the holder of the original bill: Provided, however, That nothing contained in this section shall in such case for such transportation of goods to Alaska, Panama, Puerto Rico, Hawaii, or foreign countries be interpreted or construed so as to require the placing of the word "duplicate" thereon, or to impose the liabilities set forth in this section for failure so to do.

(Aug. 29, 1916, ch. 415, § 5, 39 Stat. 539; May 17, 1932, ch. 190. 47 Stat. 158; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.)

CODIFICATION

Words "the Philippine Islands" were omitted from text on the authority of 1946 Proc. No. 2695, which granted independence to the Philippines, and which was issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, and under which section it is set out as a note.

CHANGE OF NAME

The name of "Porto Rico" was changed to "Puerto Rico" by act May 17, 1932.

§ 86. Indorsement on straight bill

A straight bill shall have placed plainly upon its face by the carrier issuing it "nonnegotiable" or "not negotiable." This section shall not apply, however, to memoranda or acknowledgments of an informal character.

(Aug. 29, 1916, ch. 415, § 6, 39 Stat. 539.)

§ 87. Effect of insertion of name of person to be notified

The insertion in an order bill of the name of a person to be notified of the arrival of the goods shall not limit the negotiability of the bill or constitute notice to a purchaser thereof of any rights or equities of such person in the goods. (Aug. 29, 1916, ch. 415, § 7, 39 Stat. 539.)

§ 88. Duty to deliver goods on demand; refusal

A carrier, in the absence of some lawful excuse, is bound to deliver goods upon a demand made either by the consignee named in the bill for the goods or, if the bill is an order bill, by the holder thereof, if such a demand is accompanied by

(a) An offer in good faith to satisfy the carri er's lawful lien upon the goods;

(b) Possession of the bill of lading and an offer in good faith to surrender, properly indorsed, the bill which was issued for the goods, if the bill is an order bill; and

(c) A readiness and willingness to sign, when the goods are delivered, an acknowledgment that they have been delivered, if such signature is requested by the carrier.

In case the carrier refuses or fails to deliver the goods, in compliance with a demand by the consignee or holder so accompanied, the burden shall be upon the carrier to establish the existence of a lawful excuse for such refusal or fail

ure.

(Aug. 29, 1916, ch. 415, § 8, 39 Stat. 539.)

§ 89. Delivery; when justified

A carrier is justified, subject to the provisions of sections 90 to 92 of this Appendix, in delivering goods to one who is

(a) A person lawfully entitled to the possession of the goods, or

(b) The consignee named in a straight bill for the goods, or

(c) A person in possession of an order bill for the goods, by the terms of which the goods are deliverable to his order; or which has been indorsed to him, or in blank by the consignee, or by the mediate or immediate indorsee of the consignee.

(Aug. 29, 1916, ch. 415, § 9, 39 Stat. 540.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 90, 99 of this Appendix.

§ 90. Liability for delivery to person not entitled

thereto

Where a carrier delivers goods to one who is not lawfully entitled to the possession of them, the carrier shall be liable to anyone having a right of property or possession in the goods if he delivered the goods otherwise than as authorized by subdivisions (b) and (c) of section 89 of this Appendix; and, though he delivered the goods as authorized by either of said subdivisions, he shall be so liable if prior to such delivery he

(a) Had been requested, by or on behalf of a person having a right of property or possession in the goods, not to make such delivery, or

(b) Had information at the time of the deliv ery that it was to a person not lawfully entitled to the possession of the goods.

Such request or information, to be effective within the meaning of this section, must be given to an officer or agent of the carrier, the actual or apparent scope of whose duties includes action upon such a request or information, and must be given in time to enable the officer or agent to whom it is given, acting with reasonable diligence, to stop delivery of the goods.

(Aug. 29, 1916, ch. 415, § 10, 39 Stat. 540.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 89 of this Appendix.

§ 91. Liability for delivery without cancellation of bill Except as provided in section 106 of this Appendix, and except when compelled by legal process, if a carrier delivers goods for which an order bill had been issued, the negotiation of which would transfer the right to the possession of the goods, and fails to take up and cancel the bill, such carrier shall be liable for failure to deliver the goods to anyone who for value and in good faith purchases such bill, whether such purchaser acquired title to the bill before or after the delivery of the goods by the carrier and notwithstanding delivery was made to the person entitled thereto.

(Aug. 29, 1916, ch. 415, § 11, 39 Stat. 540.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 89 of this Appendix.

§ 92. Liability in case of delivery of part of goods

Except as provided in section 106 of this Appendix, and except when compelled by legal process, if a carrier delivers part of the goods for which an order bill had been issued and fails either

(a) To take up and cancel the bill, or

(b) To place plainly upon it a statement that a portion of the goods has been delivered with a description which may be in general terms either of the goods or packages that have been so delivered or of the goods or packages which still remain in the carrier's possession, he shall be liable for failure to deliver all the goods specified in the bill to anyone who for value and in good faith purchases it, whether such purchaser acquired title to it before or after the delivery of any portion of the goods by the carrier, and notwithstanding such delivery was made to the person entitled thereto.

(Aug. 29, 1916, ch. 415, § 12, 39 Stat. 540.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 89 of this Appendix.

§ 93. Alteration of bill

Any alteration, addition, or erasure in a bill after its issue without authority from the carrier issuing the same either in writing or noted on the bill, shall be void whatever be the nature and purpose of the change, and the bill shall be enforceable according to its original tenor. (Aug. 29, 1916, ch. 415, § 13, 39 Stat. 540.)

§ 94. Loss, etc., of bill; delivery of goods on order of

court

Where an order bill has been lost, stolen, or destroyed a court of competent jurisdiction may order the delivery of the goods upon satisfactory proof of such loss, theft, or destruction and upon the giving of a bond, with sufficient surety, to be approved by the court, to protect the carrier or any person injured by such delivery from any liability or loss incurred by reason

of the original bill remaining outstanding. The court may also in its discretion order the payment of the carrier's reasonable costs and counsel fees: Provided, A voluntary indemnifying bond without order of court shall be binding on the parties thereto.

The delivery of the goods under an order of the court, as provided in this section, shall not relieve the carrier from liability to a person to whom the order bill has been or shall be negotiated for value without notice of the proceedings or of the delivery of the goods.

(Aug. 29, 1916, ch. 415, § 14, 39 Stat. 540.)

§ 95. Liability on bill marked “duplicate"

A bill, upon the face of which the word "duplicate" or some other word or words indicating that the document is not an original bill is placed, plainly shall impose upon the carrier issuing the same the liability of one who represents and warrants that such bill is an accurate copy of an original bill properly issued, but no other liability.

(Aug. 29, 1916, ch. 415, § 15, 39 Stat. 541.)

§ 96. Claim of title as excuse for refusal to deliver

No title to goods or right to their possession asserted 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.

(Aug. 29, 1916, ch. 415, § 16, 39 Stat. 541.)

§ 97. Interpleader of conflicting claimants

If more than one person claim the title or possession of goods, the carrier may require all known claimants to interplead, either as a defense to an action brought against him for nondelivery of the goods or as an original suit, whichever is appropriate.

(Aug. 29, 1916, ch. 415, § 17, 39 Stat. 541.)

FEDERAL RULES OF CIVIL PROCEDURE

Continuation of section under Rule 22, see note by Advisory Committee under rule 22, Title 28, Appendix, Judiciary and Judicial Procedure. Interpleader, see rule 22.

CROSS REFERENCES

Interpleader in Federal district court, see sections 1335, 1397, and 2361 of Title 28, Judiciary and Judicial Procedure.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 99 of this Appendix.

§ 98. Reasonable time for procedure allowed in case of adverse claim

If someone other than the consignee or the person in possession of the bill has a claim to the title or possession of the 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

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United States Code, Volume 18