Daily capital journal. (Salem, Oregon) 1903-1919, 1907-01-09

II cars shall be liable ana helO 10 D
indebted to the person making appl
cation therefor in the sum Of S5 pc
day per car, applied for and not fun
nlshed within the limit OF time here
in prescribed, except as in this sec
ton of this act stated. In addition
to the sum OF s. per car per day 81
to be due from any railroad failinl
to furnish said car or cars uDon tn
application hereinbefore mentlone,
and within the time herein prescrib
ed. any such defaulting railroad shall
be held liable and held 10 be indebted
to the person making such applica
tion and not receiving the car or ears
therein applied for within the time
and as prescribed by this act, in the
amount OF the acutal damages any
such applicant may sustain.
At the time OF making application
for car or cars. the applicant
therefor shall deposit with the rail
road to which such application is
made n so requested by It, one.
fourth (h) OF the amount of the
freight charges on the shipment 10
be made In said ear or cars: or IN
lieu thereof he shall at such time
execute to the said railroad a bond
with good and sufficient surety for
the payment OF the said one-fouth
(h) of the amount OF the freight
charges on said shipments. Such
deposit shall be with, and said
bond shall. when executed I'm favor
of the railroad. be delivered to the
agent OF the railroad from whom
said cars are ordered; or. al the OPP
tion OF the applicant for cars. to any
officer or general agent of the rail-
road.
Every such applicant shall fully
load and have ready for shipment the
car or ears applied for by him within
forty-elght 4S) hours after such
car or ears have been furnished bv
the railroad at the point designated !
In his application therefor; aud upon /
failure so 20 do he shall forfeit and !
pay 10 the railroad the sum OF S. 4
per day for each ear not loaded and 1
ready for shipment as aforesaid
provided, that whore applications are
made on several days. all OF which
are filled In the same day, the appli-
can't shall have forty-eight (4Sl
hours TO load the car or cars furnish
ID on the first application. and an-
other forty-elght (iS) hours TO load
he car or cars furnished on the neNA
application. and so on; and the pen-
Ilty prescribed shall not accrue as
O any car or lot OF cara applied for
m any one day until the period with
n which they may be loaded has ex- I
ired. The time within which said O
ars are TO be loaded shall begin to n
un from the time the same are fur
ishod at the place required In the =,
pplicaton therefor
II the said applicant shall not
se said cars so ordered by him he
iall so notify the railroad and he
lall be liable and shall be held To-
p indebted TO the railroad furnish
* the same. In addition To the pen
~ hereinbeforo prescribed. In the
mount OF the actual damage that
.oh railroad may have sustained nv
ason OF the failure OF said appli-
nj TO use such cars up 10 the time
hen notified by any such applicant
al he does not desire 10 use the
me. When ears have been furnish.
and loaded il shall be the duty
deliver the same Go the person or
rsons lo whom they are consigned
thin a reasonable time. An per
ns 10 whom such cars are con-
ned shall unload the same within
'V-olght (tNl hours after the de-
cry thereof to the said conslgnee
the usual and appropriate point
unloading; and upon failure To
load said cars or ears within the "n
'e herein specified. after the de- an
'ry thereof as herein stated. the lea
lsignoe thereof shall De- liable and ina
W oe held to be indebted 20 the
Tread delivering said cars In the
a OF 50 per day Tor each car so
nnloaded, The time for unload.
such ears shall be computed In
manner hereinbefore prescribed
loading cars.