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Title 49, TransportationRelease 119-110

§80114 Lost, Stolen, and Destroyed Negotiable Bills

Title 49 › SUBTITLE X — MISCELLANEOUS › CHAPTER 801 — BILLS OF LADING › § 80114

Last updated Sep 22, 2026|Official source

Summary

If a negotiable bill of lading is lost, stolen, or destroyed, a court can order the carrier to hand over the goods if the person asking for them gives a court-approved surety bond that protects the carrier and anyone harmed by the delivery. The court can also require the person to pay the carrier’s reasonable costs and lawyer fees. A surety bond given voluntarily, without a court order, is also binding. Even after a court orders delivery, the carrier can still be liable to someone who holds the negotiable bill and bought it for value without knowing about the court case or the delivery.

Full Legal Text

Title 49, §80114

Transportation, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 80114(a)49 App.:94 (1st par.).Aug. 29, 1916, ch. 415, § 14, 39 Stat. 540. 80114(b)49 App.:94 (last par.). 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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 80114

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110