Section 7--601. Lost and Missing Documents  


Latest version.
  • (1)  If  a  document  has  been lost, stolen or destroyed, a court may
      order delivery of the goods or issuance of a substitute document and the
      bailee may without liability to any person comply with  such  order.  If
      the  document was negotiable the claimant must post security approved by
      the court to indemnify any person who may suffer loss  as  a  result  of
      non-surrender  of the document. If the document was not negotiable, such
      security may be required at the discretion of the court. The  court  may
      also  in  its  discretion order payment of the bailee's reasonable costs
      and counsel fees.
        (2) A bailee who without  court  order  delivers  goods  to  a  person
      claiming  under  a  missing  negotiable document is liable to any person
      injured thereby, and if the delivery is not in good faith becomes liable
      for conversion. Delivery in good faith is  not  conversion  if  made  in
      accordance   with   a  filed  classification  or  tariff  or,  where  no
      classification or tariff is filed, if the claimant posts  security  with
      the  bailee  in  an amount at least double the value of the goods at the
      time of posting to indemnify any person  injured  by  the  delivery  who
      files a notice of claim within one year after the delivery.