The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-07-30
CHAPTER $3.50. 2sl.

AN ACT TO Require Common Carricrs % Pay
Claims for Lost or Damaged Freight. Enrrees
Baggage and Overcharges on Freight and Ba4-
gage, and Reciprocal Demurrage, Within q
Certain Time, and Providing That IN the Evcnt
Within Said Time That Such Common CarrcT
Shall IN Certain Cases be Liable for Interest 90
Said Claim at the Rate OF Fifty Per Cent 80
Annum and Shall Also be Liable for a Reason-
able Attorneys Pee: and Repealfng All Law u
Conflict With the Provisions Of This Act faaeiug
all actions and rights Of actions herctoio-s
accrued under such repealed awsl.
Be il Enacted BY the Legislature oi Ire State a
Florida:
Section I. That il shall be the duty Of az con-
mon carriers operating within tins State. an thev
are hereby required when any person his agent 81
attorney, files with. or presents 90 them. or any
station agent Of said common Garner. or ahers
there is station agent, upon any other asento q
such common carrier. his claim for any freight.
baggage or express lost or damaged BY sail -or--
mon carrier or for any overcharge made ~ r-ch
common carrier on any freight. baggage Or cNrre.I
or for any reciprocal demurrage. o. ray Ire "a
claim within sixty days from its fhns with ~
presentation 70. said common Garner or any "a
ton agent, or other agent Of such common Garner
Sec. ?. That should any common Garner faii "a
comply with the provisions Of Section one ffl al
this Act. then the said common carrier mnFr~r
such failure shall be liable % the claimant ior the
amount of his claim and fifty per cent Der alrra-
interest the principal sum Of said ciairn iron
the date of the fling Of the same with preserfa
ton of the same 70, the common Garner. or any
station agent or other agent Of such common e.
rieT and when the said claimant shall brinE FIrf
and recover judgment for his claim AGAINST -
common carrier he shall be allowed the aid fftv
per cent. per annum. IN addition % the nrincirsi
sum of said claim. and the same shall b. alioued
IN the verdict giving him judgment. PROVIDED
however, That the claimant shall not recover 40
have judgment for the said fifty per cent. per an
mum. nor attorneys fees, as provided for IN See
ton of this Act. unless he RECEIVERS judgment for
a sum which fXes the principal sum of Ead claim
at amount greater than the amount which I'D
common carrier hal ofeerd and tendcred ~ -
claimant IN settlement Of his calm before fhe
expiration of said sixty days IN which the I'D
common carrier is required 20 pay such clam ~
der the provisions OF Section one fIl Il tins Act
Sec. ). That any common Garner who fails %
comply with the provisions Of Section one ffl IL
this Act shall in the event that the claimant AL
prevail IN action 70 recover on has clam -
liable for reasonable attorneys fee and h shan
be the duty of the Court % allow the clairnarf
such reasonable attorneys fee. which shall -
fixed by the Court, not % exceed iiftecu dollar
if the amount received does not exceed one hun
dred dollars. and not 70 exceed fifteen per cent 90
any amount recovered greater than the sum oi
one hundred dollars
Sec. 4. When any claim ARISES under the mn
visions of this Act, and the shipment went. o.
should have gone, over more than one courl1n
carriers line the claimant may flc hrs claim With
any OF said common carriers over whose hur So
shipment went. or should have gone AMI nav
bring action against either Of them for recovery of
damages. as herein provided for. Provided re
shall have served said notice on the common car.
rier he elects 20 sue.
Sec. ). All laws and parts OF laws IN eo~qirt
with the provisions OF this Act be. and the saune
are hereby, repealed. saving an actions and rahtr
of actions heretofore accrued under such rencaicd
laws.
Approved June g. 1909.