Lien of Carrier

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Warehouse Receipts, Bills of Lading, and Other Documents of Title
  5. Bills of Lading: Special Provisions
  6. Lien of Carrier

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  1. A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs or, if no charges are stated, a reasonable charge.
  2. A lien for charges and expenses under subsection (a) of this Code section on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under subsection (a) of this Code section is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority.
  3. A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.

(Code 1933, § 109A-7 - 307, enacted by Ga. L. 1962, p. 156, § 1; Ga. L. 2010, p. 481, § 1-1/HB 451.)

The 2010 amendment, effective May 27, 2010, redesignated former subsections (1) through (3) as present subsections (a) through (c), respectively; rewrote present subsection (a); in present subsection (b), substituted "subsection (a)" for "subsection (1)" twice, in the first sentence, substituted "that" for "which" and substituted "those" for "such", and, in the second sentence, substituted "that" for "who" and deleted "such" preceding "authority" at the end. See the Editor's notes for applicability.

Cross references.

- For further provisions regarding carriers' liens, see § 46-9-190 et seq.

Editor's notes.

- Ga. L. 2010, p. 481, § 3-1, not codified by the General Assembly, provides that: "This Act applies to a document of title that is issued or a bailment that arises on or after the effective date of this Act. This Act does not apply to a document of title that is issued or a bailment that arises before the effective date of this Act even if the document of title or bailment would be subject to this Act if the document of title had been issued or bailment had arisen on or after the effective date of this Act. This Act does not apply to a right of action that has accrued before the effective date of this Act." This Act became effective May 27, 2010.

Ga. L. 2010, p. 481, § 3-2, not codified by the General Assembly, provides that: "A document of title issued or a bailment that arises before the effective date of this Act and the rights, documents, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this Act as if such amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule." This Act became effective May 27, 2010.

RESEARCH REFERENCES

Am. Jur. 2d.

- 13 Am. Jur. 2d, Carriers, § 527 et seq.

C.J.S.

- 13 C.J.S., Carriers, § 484. 80 C.J.S., Shipping, §§ 377, 378.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 7-307.

ALR.

- Liability for freight charge as affected by delivery without collecting charge as stipulated or directed, 24 A.L.R. 1163; 78 A.L.R. 926; 129 A.L.R. 213.

Necessity of notice to consignor to render him liable for demurrage, 32 A.L.R. 642.

Right of carrier to lien on goods shipped without owner's authority, 39 A.L.R. 168.


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