Chapter 16 - Commercial Transactions; Bills Of Lading - Wyoming Statutes

CHAPTER 16 - COMMERCIAL TRANSACTIONS; BILLS OF LADING

 

34-16-101. Order bill of lading.

 

 

(a) Whenever any common carrier, railroad or transportationcompany (hereinafter termed carrier), shall issue a bill of lading for thetransportation of property from one (1) place to another within this state, orbetween places one (1) of which is within this state, which bill shall be, orpurport to be drawn to the order of the shipper or other specified person, orwhich shall contain any statement or representation that the property describedtherein is, or may be deliverable upon the order of any person thereinmentioned, such bill shall be known as an "order bill of lading" andshall conform to the following requirements:

 

(i) In connection with the name of the person to whose orderthe property is deliverable, the words "order of" shall prominentlyappear in print on the face of the bill thus: "Consigned to order of....";

 

(ii) The bill shall be printed on yellow paper eight andone-half (8 1/2) inches by eleven (11) inches long;

 

(iii) It shall contain on its face the following provision:"The surrender of this original order bill of lading properly endorsedshall be required before delivery of the property";

 

(iv) It shall not contain the words: "Not negotiable",or words of similar import. If such words are placed on an order bill oflading, they shall be void and of no effect;

 

(v) Nothing herein shall be construed to prohibit the insertionin an order bill of lading of other terms or conditions not inconsistent withthe provisions of this act, but it shall be unlawful to insert in such bill anyterms or conditions contrary to, or inconsistent with such provisions.

 

34-16-102. Straight bill of lading.

 

 

(a) Whenever a bill of lading is issued by a carrier for thetransportation of property from one (1) place to another within this state, orbetween places one (1) of which is within this state, in which the propertydescribed therein is stated to be consigned or deliverable to a specifiedperson, without any statement or representation that such property is consignedor deliverable to the order of any person, such bill shall be known as a"straight bill of lading", and shall contain the followingrequirements:

 

(i) The bill shall be printed on white paper eight and one-half(8 1/2) inches wide by eleven (11) inches long;

 

(ii) The bill shall have prominently stamped upon its face thewords, "not negotiable";

 

(iii) Nothing herein shall be construed to prohibit the insertionin a straight bill of lading of other terms or conditions not inconsistent withthe provisions of this act; but it shall be unlawful to insert in such bill anyterm or conditions contrary to or inconsistent with such provisions.

 

34-16-103. Penalty for violation of W.S. 34-16-101 and 34-16-102.

 

Everycarrier or officer, agent or servant of a carrier, who shall knowingly violateany of the requirements stated in W.S. 34-16-101(a)(i) through (v) and34-16-102(a)(i) through (iii), shall be guilty of a misdemeanor and punishableby a fine of not more than one thousand dollars ($1,000.00) or imprisonment notmore than one (1) year, or both.

 

34-16-104. Issuance by carrier before receipt of goods prohibited;duplicates.

 

Itshall be unlawful for any carrier, or for any officer, agent or servant of acarrier, to issue an order bill of lading or a straight bill of lading, asdefined by this act, until the whole of the property as described therein shallhave been actually received and is at the time under the actual control of suchcarrier, to be transported; or to issue a second or duplicate order bill oflading or straight bill of lading for the same property, in whole or in part,for which a former bill of lading has been issued, and remains outstanding anduncancelled, without prominently marking across the face of the same the word"duplicate".

 

34-16-105. Prohibited acts; penalty for violation of W.S. 34-16-104.

 

Everycarrier, or officer, agent or servant of a carrier, who knowingly violates theprovisions of W.S. 34-16-104, and every person who negotiates or transfers forvalue a bill of lading known by him to have been issued in violation of section4 shall be guilty of a felony and upon conviction, shall be punished by finenot exceeding five thousand dollars ($5,000.00) or imprisonment not exceedingfive (5) years, or both. And every carrier, who himself, or by his officer,agent or servant authorized to issue bills of lading, issues a false orduplicate bill of lading in violation of the provisions of section 4, shall beestopped, as against all and every person or persons injured thereby who shallacquire any such false or duplicate bill of lading in good faith and for value,to deny the receipt of the property as described therein, or to assert that aformer bill of lading has been issued and remains outstanding and uncancelledfor the same property, as the case may be; and the issuing carrier shall beliable to any and every such person for all damages, immediate or consequential,which he or they may have sustained because of reliance upon the bill, whetherthe person or persons guilty of issuing or negotiating the bill shall have beenconvicted under this section or not.

 

34-16-106. Penalty for fraudulent negotiations.

 

Everyperson who receives from a carrier and fraudulently negotiates for value anorder or straight bill of lading representing property to which he had no, orencumbered, title at the time of the negotiation of such bill, shall be guiltyof a felony, and upon conviction shall be punished by fine not exceeding fivethousand dollars ($5,000.00), or imprisonment not exceeding five (5) years, orboth.