§ 8-41. Bills of lading in evidence. - North Carolina Statutes

§8‑41.  Bills of lading in evidence.

In all actions by or againstcommon carriers or in the trial of any criminal action in which it shall bethought necessary to introduce in evidence any bills of lading issued by saidcommon carrier or by a connecting carrier, it shall be competent to introducein evidence any paper‑writing purporting to be the original bill oflading, or a duplicate thereof, upon proof that such paper purporting to besuch bill of lading or duplicate was received in due course of mail fromconsignor or agent of said carrier or connecting carrier, or delivered by saidcommon carrier to the consignee or other person entitled to the possession ofthe property for which said paper purports to be the bill of lading: Provided,that such purported bill of lading shall not be declared to be the bill oflading unless the said purported bill of lading is first exhibited by theplaintiff or his agent or attorney to the defendant or its attorney, or itsagent upon whom process may be served, ten days before the trial where thepoint of shipment is in the State, and twenty days when the point of shipmentis without the State. Upon such proof and introduction of the bill of lading,the due execution thereof shall be prima facie established. (1915,c. 287; C.S., s. 1785; 1945, c. 97.)