The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-11
GENERAL LAW S
Enacted By the Legislature of Alabama

SlSlec, according TO whose interest Is
affected by the delay. One Dollar (s10O
per day for each day or fraction of a
day such delivery is so delayed; provided.
however, that the total forfeiture shall
not exceed Ten Dollars $4,000 for each
ear
Sec. 3. All car load freight. or freight
carried at car load rates. and all freight
in ears whether fun ear load or not.
taking track delivery, shall be subject
10 the demurrage, or car service charges
prescribed in this Act
Sec. t. A shipper, on whose order a
ear or cars have been placed for loading.
shall he allowed forty-eight hours for
the loading of such car or cars, COM
putting time from seven o'clock A. NJ.
the day after such car or cars have
been placed, subject to the order of the
shipper, and thereafter demurrage
charge of not moro than one Dollar
&l.00 per car per day, or fraction of
day. of delay, may be assessed and col
leeted on all such cars as have not been
rendered to the railroad company with
shipping Instructions within said forty
eight hours, provided. however, that
should the shipper fail to begin loading
within forty-eisht hours after the expira-
tion of free time the railroad company
shall consider the car or cars released
and may assess and collect two dollars
$500 on each car, covering the demur-
rage then due. provided, further, that
the total forfeiture shall not exceed ten
dollars $4,000 for each car. Railroad
companies shall not be compelled to fur
nish cars for future shipments to parties
III default or arrears as to the payment
of the demurrage charges herein last
provided for. until such demurrage
charges have been paid. If, after placing
the car or ears 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 shipper
shall not be chargeable with the delay
caused thereby. When, by reason of
delay or irresuarity 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 car
or cars specified in each separate appli-
cation.
Sec. Z. 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 demurrage charge of one dollar
S1O) per car per day or fraction of
a day beyond the free time said car or
cars are so detained or held In case of
imperfect excessive loading, the ship
per 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 $1,000 for each
car.
Sec. S. Legal notice as referred to in
this Act, may be either actual or con-
structive. Where the consignee or his
agent is personally served with notice
of the arrival of freight at or before six
p. m, of any day, free time begins at
seven o'clock a. m, on the day after such
notice has been given. Constructive no.
tice referred to consists of posting notice
DN man TO CODSlSnee. w mere tllS I1Oue
of giving notice is adopted there shall
be twenty-four hours additional free
time; from the time said notice is mailed
provided however that when in any
case where notice of arrival is given by
mall, 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
mail.
Sec. .. All package freight unloaded
by railroad companies in their depots or
warehouses, which is not removed by the
owners thereof from the custody of the
railroad company within forty-eight
hours computing from seven O'Clock a. m,
of the day following legal notice of ar
rival, may be subject to a charge for
storage for each day, or fraction of a
day. 1t may remain in the custody of the
railroad company, as follows: in less
than car loads. not more than one ID
cent per hundred pounds per day, or
fraction thereof in car load quantities,
not more than ten cents per ton of 1000
pounds per day or fraction thereof but
not exceeding one dollar per car load per
day, or fraction of day; provided that
in no case shall the amount so charged
or collected for storage of less than ear
load shipment exceed the amount au-
tnOr1Zed TO De charged as StoTdbe VI ue-
murrage on a car load of similar freight
for the same length of time when not
unloaded from car provided by the
demurrage provisions in this Act pre-
scribed and provided further that the
total charge shall not exceed ten dollars
on consignment not in excess of a car
load.
Section 10. Provided cars containing fer
tilizer. hay, coal, coke, brick and lumber
in covered cars, and the following aftl-
cIes in bulk: meat. potatoes, grain and
grain products cotton seed cotton seed
meal and cotton seed 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 thaving
been placed at the accessible point des-
ienated by consignee for unloading). may
be subject thereafter to charge FOL
demurrage of one dollar per car for each
day or fraction of day beyond the free
lime that they may remain loaded III
nossessiou of the railroad company, pro
Vided. that the total charge or forfeiture
shall not exceed ten dollars Hlo.W Tor
each car All other loaded cars, taxing
track delivery, to be unloaded by con-
sionee shall be limited to forty-elght
hours of free time; provided, however
that if after placing a car or cars as
reouired in this Act. the railroad COM
many shall during or after free time
temnorarily remove all or any OF them
or in any way obstruct the unioaulhB Oh
same. the consignee shall not be charge
able with the delay caused thereby. FRO
yided that when, on account vi ueiaS VI
irregularity in transportation, cars are
nd