2021 US Code
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
| 49 U.S.C. § 80115 (2021) | |||||||||
| §80115. Limitation on use of judicial process to obtain possession of goods from common carriers | |||||||||
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(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. |
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(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1353.) |
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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. |
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| United States Code, 2018 Edition, Supplement 3, Title 49 - TRANSPORTATION | |||||||||
| Bills and Statutes | |||||||||
| United States Code | |||||||||
| Y 1.2/5: | |||||||||
| 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 |
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| section 80115 | |||||||||
| 2021 | |||||||||
| January 3, 2022 | |||||||||
| Yes | |||||||||
| standard | |||||||||
| 39 Stat. 542 108 Stat. 1353 |
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| Public Law 103-272 |
