The Montgomery advertiser., 1907-03-11
GENERAL LAWS.
Enacted by the Legislature of Alabama.


 lected on all such cars as have not been rendered to he railroad company with shipping instructions within said forty eight hours, provided, however, that should the shipper fail to begin load ing within forty-eight hours after the | expiration of free time the railroad | company shall consider the car or cars released and may assess and collect | two dollars ($20O) on each car, cov- ering the demurrage then due. provid- ed. further that the total forfeiture shall not exceed ten dollars ($10.00) for each car. Railroad companies shall not | be compelled to furnish cars for future shipments to parties in default or az ! rears as to the payment of the demur- rage charges herein last provided for, until such demurrage charges have been paid. If. after placing the car or 1 cars required by this Act. the railroad company shall during or after free time, temporarily remove all or any of them. or in any way prevent, obstruct or delay the loading of same, the ship per shall not be chargable with the de- l lay caused thereby. When, by reason of delay or irregularity on the part of the railroad company in filling orders, cars are punched in excess of the ability Of the shipper to load, the shipper shall be allowed separate and distinct periods of free time within which to load the
 
 application.
 [ Sec. T. A car or cars detained or held at point of shipment for want of proper shipping instructions. or by reason Of imperfect or excessive loading, where loading is done by shipper. shall be sub ject to a demurrages charge of one dol- lar (s1.00) per car per day, or fraction of day beyond the free time said car or cars are so detained or held. In case of imperfect or excessive loading. the shipper shall be notified thereof as early as practicable after said car or cars have been received from him. in which case the above car service charges shall begin from the time of notification if the free time has expired. Provided, however, that the total charge or forfeiture shall not exceed ten dollars ($l0.00) for each car.
 Sec. 8, Legal notice. as referred to in this Act. may be either actual or constructive. Where the consignee or his agent Is personally served with mo- tice of the arrival of freight at or be- fore six D. m, of any day, free time be- gins at seven o'clock a. m, on the day after such notice has been given. Con- structive notice referred to consists of posting notice by mail to consignee. Where this mode of giving notice IS adopted there shall be twenty-four hours additional free time; from the time said notice Is mailed; provived. however, that when in any case whero notice of arrival is given by mail. the consignee shall make oath that neither he, his agent, nor his employees. have received such notice. then he will be held not to have received legal notice by reason of posting of said notice by mall.
 Sec. g. All package freight unload cd by railroad companies in their de- .kc hna1 tHyhf fRh tS a. moved by the owners thereof from the custody of the railroad company with in forty eight hours computing from seven o'clock a. m.. of the day follow ing legal notice Of arrival, may be sub ject to a charge for storage for each day, or fraction of day, 1t may remain in the custody of the railroad company. as follows: in less than car loads. nos more than one tD cent per hundred pounds per day, or fraction thereof; in car load quantities. not more than ten cents per ton of ?, 900 pounds per day UT fraction thereof but not exceeding one dollar per car load per day. or fraction of a day; provided. that in no case shali | the amount so charged or collected for storage of less than car load ship | ment exceed the amount authorized 10 be charged as storage or demurrage on a car load of similar freight for the same length of time when not unload ed from car as provided by the demur- rage provisions in this Act prescribed; and provided further that the total charge shall not exceed ten dollars for each car load. nor ten dollars on con- signment not in excess of a car load.
 Section 10. Loaded cars containing fertilizer, hay. coal. coke. brick. and lumber in covered cars. and the fol- lowing articles in bulk; meat pota- toes grain and grain products. cotton nd hulls, taking track delivery, which are to be unloaded by consignee, but are not unloaded within seventy-two hours, computed from seven o'clock a. m, the day following the day legal notice Of arrival is given (having been placed at the accessible point designated by con signee for unloading). may be subject thereafter to a charge for demurrage of one dollar per car for each day or fraction of day beyond the free time that they may remain ioaded in posses sion of the railroad company, provided, that the total charge or forfeiture snail not exceed ten dollars ($10.00) for each car. All other loaded cars. taking track delivery. to be unloaded by con signee. shall be limited to forty eight hours of free time; provided, however, that if, after placing a car or cars as required in this Act, the railroad com pany shall during or after free tlme' temporarily remove all or any or them, or in any way obstruct the unloading of same, the consignee shall not be chargeable with the delay caused there by. Provided, that when, on account of delay or irregularfty In transporta- tion, cars are punched in transit and de- livered to consignee in number beyond his reasonable ability to unload within the free time prescribed in this Act, he shall be allowed by the carrier such additional time as may be necessary to unload cars so in excess by the exer- else of due and usual diligence on the mart of consignee and based on con- signee's average discharge in past
 Sec II. Whenever the weather dur ing the period of free time is so se- we're. indictment. or rainy that it is inn possible or impracticable to secure means of loading or unloading freight or when, from the nature of the goods loading or unloadings would cause in jury or damege. such time shall be added to the free period, and no de- murrage charges shall be allowed Tor such additional free time This section applies to the state of the weather dur ing business hours
 Sec 12 A consignor or consignee three miles or more from the depot and whose freight is destined to or from his place of business or residence so located, shall not be subject to stor- are or demurrage charges allowed in the foregoing sections until a sufficient time has elapsed after notice for said consignee or consignor to remove or load said goods by the exercise of or