The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-11


remove or load said goods by the exercise
of ordinary diligence. The time limit for
loading or unloading shall not be less
than four days nor more than six days
from the date notice is given.
Sec q. On car load freight originating
i'll Alabama. and shipped on local bills
of lading to a terminal point at port
within this State. for export there shall
be allowed ten days free time, comput-
ing from seven o'clock a. M. the day
after arrival of car or cars, before appli-
cation of storage or demurrage charges.
Sec. il. Incoming car load freight, COM
ing under the provisions of Sections IL
and y, may be stored by railroad COM
panies in depots or warehouses at the
expense Of the owner If same is not re-
moved before demurrage charges attach;
provided, that the daily or total storage
charges ON such freight shall not exceed
the demurrage allowed under this Act
Sec. 10. If the conslgnee shall refuse
to accept freight rendered in pursuance
OF the bill of lading, the carrier charged
with the duty of delivery shall at once
give notice to the consignor of such re-
fusal, and If said consgnor shall not
within four days thereafter give direc-
ton for the reshipment or unloading. or
other disposition of such goods he shall
thenceforth become liable to such carrier
upon the car or cars in which they are
stored. TO the same extent and at the
same rates as such charges are now I'M
der like circumstances, by the provisions
of this Act imposed upon consignees
who neglect or refuse, after notice of
arrival to remove freight of like charac-
ter from the depots or cars of a carrier
A consignee who has once refused to ac-
cept consignment of goods shall not
tnoTPaftpr he pntiflp1 RI taa
except upon payment of all charges for
storage or demurrage which have accrued
and II the consignee of freight in car
loads or less than car loads, shall fail
or neglect 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 notify the
shipper, unless the consignee has signi-
ned his acceptance of the property. Said
notice may be served personally or given
by mail.
Sec. L. When eonsignor ships goods
consigned to order, but express in their
bills of lading of shipping directions the
name of a person at destination to be
notified, it shall be the duty of the rail-
road or other transportation company to
give notice to such party in the same
way, as If the shipment had been made
direct to him. But when consgnors do
be notified, the railroad or other trans
portation company, shall give such notice
only to sucn conslgnors; except that In
shipments of grain or hay notice shall
also be given to the local exchanges:
provided. that at the expra ton of free
time the carrier shall give notice there
of to the consignor
Sec. H. Railroads shall not discriminate
between persons or places in storage or
QemurraUa charges n To J,.ax. rIo IL.
or other similar device shall be allowed
Sec. B 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 are not owned by the owners
OF the tracks no demurrage shall be
charged; provided the person owning the
tracks shall furnish to the delivering
railway satisfactory evidence that the
owners of the cars releases both him and
the delivering road from the payment of
demurrage.
Sec. 10. Nothing in the foregoing rules
shall be construed to prohibit railroad
companies from contracting with shippers
ana consignees ON terms of mutual con-
venience in the matter of furnishing and
discharging cars; provided that such con-
tracts 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 be excluded
Sec. q. Nothing in this Act shall be
so construed as to bar or prevent any
shipper or consignee from recovering
from any railroad company, In addition
to the penalties herein prescribed. such
actual damages as he may have sustained
by reason of any violation of the provi-
sions of this Act by such company
Sec. %. In all cases where a car or
cars loaded or empty, shall be delivered
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 in
Cured by or in favor of consignee or the
carrier, by reason of any fault negli-
gence or delay on the part of such
switching line or belt line said 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
snail be required TO pay, and shall pay
to said carrier under the provisions of
this Act. as II demurrage or other charge,
and Shall forfeit and pay to such carrier,
such sums al it shall be required to pay
under the provisions of this Act to
such shipper or consignee.
Sec. u. Any charge or forfeiture in
Cured by any carrier. including any
switching line or belt line, in favor of
any shipper or consignee, under the pro-
visions of this Act, may be recovered 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 provisions Of this
Act. If any shipper or consgnee shall
before suit commenced, and within sixty
days after any such charge or forfeiture
| in his favor has been incurred file a
written claim. verified by affidavit, for
| such charge or forfeiture with any off
| Ger. manager, superintendent. freight
| agent or station agent of the carrier
| against which the claim was incurred
and II 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-
| cradle against said carrier and for which
| 1t shall be liable shall be threefold 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 provi-
| sions of this Act.
Sec "a. Any person, firm. company or
| corporation who shall make application
, to any common carrier by rail for, and
| shall procure from such common carrier
| intention to use the same for the trans
| misdemeanor and, upon conviction, shall
! lars, nor more than five thousand dollars
| 10 aa1l off