Title 49TransportationRelease 119-73

§80115 Limitation on use of judicial process to obtain possession of goods from common carriers

Title 49 › Subtitle SUBTITLE X— - MISCELLANEOUS › Chapter CHAPTER 801— - BILLS OF LADING › § 80115

Last updated Apr 6, 2026|Official source

Summary

Goods a carrier holds under a negotiable bill can be seized or the carrier forced to deliver only if the bill is handed to the carrier or the court blocks or keeps it, except when the bill was first issued by someone who lacked authority.

Full Legal Text

Title 49, §80115

Transportation — Source: USLM XML via OLRC

(a)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 80115(a)49 App.:103 (1st sentence).Aug. 29, 1916, ch. 415, § 23, 39 Stat. 542. 80115(b)49 App.:103 (last sentence). 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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 80115

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73