Limitation on use of judicial process to obtain possession of goods from common carriers

49 U.S.C. § 80115

• Title: 49 — Transportation
• Chapter: 801 — BILLS OF LADING

Text

(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.

History

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353.)

Editorial Notes

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.