The Montgomery advertiser., 1907-02-25

secretary or State
 No. 20) AN ACT. (S. g.. To prescribe the measure of damages l for loss, destruction or injury to-. delay in delivering. or failure to deliver goods by common carriers | and to regulate the collection there- | of.
 Section l. Be it enacted by the Leg | islature of Alabama. That in all cases of loss, destruction, injury to, delay in delivering or failure to deliver prop 1 erty. chattels or goods of any character, l to the person entitled thereto, by a common carrier, having received the same for shipment in accordance with the contract of shipment, such common carrier shall be liable to the person having the title to such property, chat tels or goods, when lost or destroyed, for the market value of such chattels, property or goods, at the place of desti- nation. at the time and in the condition they should have been delivered with interest from the time they should have been delivered, and where injuries for the damages caused thereto. less the amount of freight charges due for their transportation, with interest from the
 time they should have been delivered uninjured, and in case of delay beyond a reasonable time the difference in he value of the goods when they should have been delivered and their value when delivered with interest, if said goods have declined in value.
 Sec. 2. That when any property. chattels or goods have been received by any common carrier for transportation, and such goods, chat. els or property shall be lost destroyed or injured, or shall not be delivered, according to the contract of shipment, the shipper, con- signor, consignee or other person enti- ted to demand and receive them shall make out an i.emized statement of the goods, property or chattels, so lost, de- stroyed or injured, or not delivered, set ting forth the kind of articles, and the number thereof, and the veiue and the ex ent or amount ct darit g es. and shall after making, subscribing and swearing to the same before an onicer authorized tU administer an oath, deliver the same to the said common carrier, agent or ohlcer of said common carrier so receiv- ing said shipment within sixty days af- ter said loss, destruc- Ion, injury or fall ure to deliver such goods. property or chattels.
 Sec. 3. That when such verified statement of such loss, destruction, in- Jury or failure to deliver. shall be de- liYered to such common carrier, or of- ficer. agent of such common carrier, it shall be he duty of such common car rier, if such property, goods or chatteis, were lost, destroyed, not delivered or injured by sad common carrier, or the agent officer of such common carrier, to pay or tender to such person so pre- senting such claim, if ne be the one en- titled there.o, the value of said prop erty, goods or chattelS so lost or de- stroyed, or not delivered, or the amount of the damages or injury to such prop erty, goods or chatteis. within sixty days from the date of such delivery of such verified claim therefor.
 Sec. 4. That If the value of such goods, property or chattels so lost, de- stroyed or not delivered or the amount of damages or injury, where injured, shall not be paid or rendered to such person entitled thereto so presenting such verified claim therefor within the time above prescribed, such person may, on suing therefor and on making proof of such shipment and loss or destruc- tion, failure 70 deliver, or injury to such goods, chattels or property, and the due presentation of such verified claim, or demand for the value of, or damage to such goods. property or chattels. and that such claim was not for more than such value or injury, and the failure of such common carrier to pay for the same within sky days from the mak- ing of such demand, recover from the said common carrier fourfold damages. suffered by reason of such loss, de- struction or injury, unless such loSs destruction or injury Is the result of the acts of public enemies or the act of God, where the amount of such dam- ages does not exceed twenty-five dol lars, and two fold damages with inter- est where the amount of such damages exceeds twenty-five dollars and does not exceed one hundred dollars, and where the damages exceed one hundred dollars and do not exceed two hundred and If y dollars one and one-half times the amount of such damages with interest, ana where the damages exceed two hun dred and fifty dollars and do not exceed times the amount of such damages with interest, and where the damages exceed five hundred dollars one and fifteen-one hundredths times the amount of such damages with interest.
 Sec. 5. That a failure to make such verified claim for such loss, destruc tlon or injury shall not forfeit the right of the person entitled thereto to sue and recover such loss, destruction or injury, but unless such claim Is duly made as herein required, only the value of such property, or the injury suffered shall be recovered.
 Sec. 6. That all suits brought under this act shall be brought within one year after the making of said written demand.
 Approved February 9, 1907. Official:
 Frank N. Julian,
 Secretary of state