The Montgomery advertiser., 1907-03-11

1 sfgnor shall not, within four days | thereafter. give direction for the re- l shipment of unloading, or other dispo- sition of such goods, he shall thence | forth become liable to such carrier for storage on such goods, or demurrage upon the car or cars In which they are stored, to the same extent, and at the same rates as such charges are now under like circumstances, by the pro- visions of this Act, imposed upon con signees who neglect or refuse. after notice of arrival, to remove freight Of like character from the depots or cars of a carrier. consignee who has once refused to accept a consignment of goods shall not thereafter be enti- i tied 10 receive the same, except upon payment of all charges for storage or demurrage' which have accrued, and if the consignee, of freight in car loads or less than car loads, shall fall or ne- glect to remove such freight within three days after the expiration of free time, then the carrier shall, through the agent at point of shipment, so mo- tify the shipper, unless the constgnee has signihed his acceptance of the property. Said notice may be served personally or given by mail.
 Sec. Is. When onsignor ships goods consigned 10 order, but express in their bills of lading of shipping directions the name of person at destination to be notified, 1t shall be the duty of the railroad or other transportation com pany, to give notice to such party in the same way, as if the shipment had been made direct to him But when consignors do not designate the name of the person to be notified, the rail- road or other transportation company, shall give such notice only to such con- signors; except, that In shipments of grain or hay, notice shall also be given to the local exchanges; provided, that at the expiration of free time the car- rier shall give notice thereof to the consignor.
 Section IT, Railroads shall not dis- criminate between persons or places in storage or demurrage charges. No re- bate, drawback or other similar de- vice shall be allowed.
 Sec. IS. No demurrage shall be charged on private cars standing on private tracks, when both cars and track are owned by the same person. When the cars are not owned by the owners of the tracks no demurrage shall be charged; provided the person owning the tracks shall furnish 10 the delivering railway satisfactory evi- dence that the owners of the cars re- leases both him and the delivering roao from the payment of demurrage.
 Sec 19 Nothing in the foregoing rules shall be construed to prohibit railroad companies from contracting with shippers and consignees on terms of mutual convenience in the matter or furnishing and discharging cars; pro- vided, that such contracts shall be so drawn as to give to either party the right to cancel the same on ten days after notice and thereafter demand the application of this Act.
 Sec. 20. In all computations of time under the provisions of this Act, sun days and legal holidays shall he exciu- ded
 Sec. 21. Nothing in this Act shall be so construed as to bar or prevent any shipper or consignee from recovering from any railroad company, in addi- ton to the penalties herein prescribed, such actual damages as he may nave sustained by reason of any violation or the provisions of this Act by sucn com nany.
 Sec. 22. In all cases where car or cars, loaded or empty. shall be deliv- cred by any carrier to any switching line or belt line for transfer to the shipper or consignee, if any demurrage charge or other charge or forfeiture shall be incurred by or in favor of conslgnee or the carrier. by reason of any fault negligence or delay on the part of such switching line or belt line. raid switching line or belt line shall forfeit and pay to the said shipper or consignee, according to whose interest is affected such sum as said shipper or consignee shall be required to pay and shall pay to said carrier under the provisions of this Act. as demurrage ar other charge, and shall forfeit and pay to such carrier, such sums as IT shall be required to pay, under the provisions of this Act. to such shipper or consignee.
 Sec. e3. Any charge or forfeiture in- h.r including switching line or belt line in favor of any shipper or consignee, under the provisions of this act, may be recover ed in an action of assumpsit or debt or under a count claiming the same in a complaint In any suit to recover such damages as he may have sustained by reason of any violation of the provis- tons of this Act. If any shipper or consirnee shall before suit commenced, and within sixty days after any such charge or forfeiture in his favor has been incurred, file a written claim yer fled by affidavit. for such charge or forfeiture with any officer. manager. superintendent, freight agent or sta tion agent of the carrier against which inc claim was incurred, and if within sixty days after the filing of said claim, the same shall not be adjusted and paid by said carrier, then the amount of charge or forfeiture recoV- erable against Salu cdIlleI anu to' which 1t shall be liable shall be three fold the amount prescribed in this Act. Provided the proof shows that the claim filed as aforesaid was not for more than the shipper was entitled to under the provisions of this Act.
 See. 24 Any person, firm, company or cornoration who shall make applica- tion to any common carrier by rail for, and shall procure from such common carrier. any number of cars without honafde intention to use the same TOT the transportation of freight shaH D" guilty of a misdemeanor, and upon conviction. shall be fined not less than five hundred dollars, nor mere than hNe thousand dollars for each offense Sec e5 Any car of freight shippeo from Mobile by steamer. sail' or otnsr water craft, destined for port outside inc State of Alabama shall eonsutute an export shipment and entitle snip, ner to export time limit as dehned oy
 Sec. 2s. This Act shall go into effect immediately upon its approval
 Anproved, February 23. l9Ol' Official,
 Frank N Julian.
 Secretary of State.
 No ,77l AN ACT GIT. S79. To fix the salaries of the ChanceI-
 Iors. Supernumerary Judge and Cir
 cult Judges.
 Section 1. Be it enacted by the Leg isIature of Alabama: That from the ap-
 -..,I of tbis Act the salary Of every