HE ■^5 ?3 GIFT OF No. 156.) AN ACT AS AMENDED. (H. 665. To prescribe rules and regula Lions relating to de- murrage and car service and charges therefor and the respective rights, duties, obligations, liabilities and remedies of common carriers by rail and shippers and consignees with respect to the furnisliing of empty cars and the trans- portation and delivery of freight and delay of shippers and consignees in the loading and un- loading of cars and the receiving of freight and charges for such delay. Section 1. Be it enacted by the Legislature of Application Alabama, That when a shipper or consignee for cars, makes a written application to a railroad com- pany for a car or cars, to be loaded with any kind of freight embraced in the tariff of said company stating in said application the character of the freight, and its final destination, it shall be the duty of the railroad company to furnish the same at loading point or points if the number of cars Railroad com- be three or less within two days from seven P^"y ^^ f^/"' o'clock a. m. of the day following such applica- nuniber°of tion ; if the nundjer required be more tlmn three cars and time and less than ten, within five days; and if the^°^ furnishing number be more than ten and not more than twenty-five, within ten days from seven o'clock a. m. of the day following the date of such ap- plication ; but the railroad company shall not be required to furnish more than twenty-five cars to any one shipper at an^^ one time and place. When the shipper making such application speci- fies a future day on which he desires to make a shipment, giving notice, thereof for not less than the number of days specified above, computing from seven o'clock a. m. of the day following such application, the railroad company shall furnish 2y.4yG5. \^^;^^ 2 Penalty for failure to com ply with section. May demand receipt. Free time allowed for accidents, etc. Duty of rail- roads to re- ceive freight when ten- dered. Number of miles per day freight to be carried. Penalty for failure. such car or cars on the day or days specified in such application. For failure to comply with the provisions of this section the company so offend- ing shall forfeit and pay to the shipper apply- ing, the sum of one dollar per car, per day, for each day or fraction of a day, of delay after the expiration of free time, in furnishing said cars, upon demandnn writing made within sixty days thereafter by the shipper ; provided, the total for- feiture shall not exceed ten dollars for each car, the applicant may require the agent or officer with whom the application is filed to give a writ- ten receipt for the application, and any agent or officer Avho fails or refuses to give the rect;ipt herein provided for shall be guilty of a misde- meanor and upon conviction shall be fined not more than five hundred (|500.00) dollars. Pro- vided, that if the railroad company shall be de- layed in furnishing the cars applied for by an act of God or by any accident on the road or by a strike, the delay thus caused shall be added to the free time allowed herein for the furnishing of said cars. Sec. 2. When freight in car loads or less is tendered a railroad company and correct ship- ping instructions given, the railroad agent must immediately receive the same for shipment and issue bills of lading therefor, and whenever such shipments have been so received by any railroad company, they must be carried forward at the rate of not less than fifty (50) miles per day of twenty-four hours, computing from seven o'clock a. m. of the day following receipt of shipment, and for failure to receive and transport to their destination such shipments within the time pre- scribed, the railroad company so offending shall forfeit and pay to the shipper, or consignee, ac- cording to Avhose interest is affected by the de- lay, the sum of one dollar per car for each day, or fraction of a day of delay beyond the free time allowed on all carload freight, and one cent per hundred pounds per day, or fraction thereof, of delay on freight in less than carloads, with mini- mum charge of five (5) cents for each one pack- age, upon demand in writing b}^ the shipper or consignee, whose interest is affected b}- such de- la}' ; provided, that in computing the time of freiglit in transit, there shall be allowed twenty- Time allowed four hours at each point where transferring^?^ transfer- from one railroad to another, or rehandling of handling freight, is involved; provided, further, that the freight, total forfeiture shall not exceed ten dollars (110.00) on consignments not in excess of a car™^^^ fonei- load, and that the total forfeiture for each car shall not exceed ten dollars ($10.00). Provided, further, that the period during which the move- ment of freight is suspended on account of acci- dent or an}' cause not within the power of the^^.^^ ^^^^^ ^j, railroad company to prevent, and not due to any lowed for acci- negligence of the railroad company or that of its^^^nts. employees, shall be added to the free time allow- ed in this section, and counted as additional free time. Sec. 3. Railroad companies shall, within twen-p^^-y ^^ ty-four hours after arrival of shipment, give no- railroads upon tice, by mail or otherwise, to consignee of the^^^vai of arrival of shipments together with the weight^ ipmen . and amount of freight charges due thereon ; and where goods or freight in car load quantities ar- rive, such notice shall contain the date and hour what notice the car arrived, also identifying numbers, letters, ™^^^ contain. and initials of the car or cars, and if such goods or freight are transferred to other car or cars in transit, the number and initials of the cars in which originally shipped. An}' railroad compa- ny failing to give such notice within the time re- quired by this section shall forfeit and pay to the shipper, or consignee, whose interest is affected. Penalty for the sum of one dollar (|1.00) per car per day, ^^"'''■^• for each day or fraction of a day of delay in giv- ing such notice on all carload shipments, and one (1) cent per hundred pounds per day, for each day or fraction of a day of such delay, on freight in less than car loads, with minimum charge of five (5) cents for any one package, after the ex- piration of said twenty-four hours; provided. Amount of to- tal forfeiture. Duty of rail- roads in plac- ing freight to be unloaded. Penalty for failure. Total forfei- ture. Car load freight subject to demurrage charges. Time allowed shipper for loading. Demurrage charges. Failure to begin loading. that not more than one dollar (|1.00) per day, and not more than a total of ten dollars (flO.OO) shall be charged for an}^ one consignment not in excess of a car load, and that the total forfeiture shall not exceed ten dollars (|10.00) for each car. Sec. 4. Eailroad companies shall deliver freight at their depots or warehouses, or, in case of shipment for track delivery, shall place loaded cars at an accessible place for unloading within twenty-four hours after arrival, computing from seven o'clock a. m. the day following the arrival of same. Except that car load shipments for track deliver}^ at local stations having not more than one team track, shall be placed at an ac- cessible point for unloading by the conductor of the train on Avhich the car arrived. For failure to comply with the provisions of this section the railroad company shall forfeit and pay to the shipper or consignee, according to whose inter- est is affected by the delay, one dollar (fl.OO) per day, for each day or fraction of a day such delivery is so delayed; provided, however, that the total forfeiture shall Jiot exceed ten dollars (110.00) for each car. Sec. 5. All car load freight, or freight car- ried at car load rates, and all freight in cars whether full car load or not, taking track delivery shall be subject to the demurrage, or car service charges prescribed in this act. Sec. G. A shipper, on whose order a car or cars have been placed for loading, shall be allow- ed forty-eight hours for the loading of such car or cars, computing time from seven o'clock a. m. the day after such car or cars have been placed subject to the order of the shipper, and thereafter a demurrage charge of not more than one dollar (fl.OO) per car per day, or fraction of a day, of delay, may be assessed and collected on all such cars as have not been tendered to the railroad company with shipping instructions within said forty-eight hours, provided, however, that should the shipper fail to begin loading within forty- ei^ht hours after the expiration of free time the railroad company shall consider the car or cars released and may assess and collect two dollars (12.00) on each car, covering the demurrage then Total forfei- due, provided, further, that the total forfeiture*"^®- shall not exceed ten dollars (|10.00) for each car. Railroad companies shall not be compelled to furnish cars for future shipment to parties in Not required default or arrears as to the payment of the de-J^ furnish cars to Darties in murrage charges herein last provided for, until arrears, guch demurrage charges have been paid. If, ai ter placing the car or cars required by this act, the railroad companies shall, during or after free time, temporarily remove all or any of them, or in any wa^' prevent, obstruct or delay the loading J^ ^^^^ moved of same, the shipper shall not be chargeable with railroad.^ ^ the delay caused thereby. When, by reason of delay or irregularity on the part of the railroad company in filling orders, cars are bunched in in case cars excess of the ability of the shipper to load, the are bunched, shipper shall be allowed separate and distinct pe- riods of free time within which to load the car or cars specified in each separate application. Sec. 7. A car or cars detained or held at a point of shipment for want of proper shipping instructions, or by reason of imperfect or ex- cessive loading, where loading is done by shipper, shall be subject to a demurrage charge of one dol- lar (11.00) per car per day, or fraction of a ^^jlTn^instvul-^' beyond the free time said car or cars are so de-tions; demur- tained or held. In case of imperfect or excessive rage, loading, the shipper shall be notified thereof as shipper to be early as practicable after said car or cars have notified, been received from him, in which case the above car service chrages shall begin from the time of notification if the free time has expired. Pro-™^!"^ forfei- vided, however, that the total charge or forfeiture shall not exceed ten dollars (f 10.00) for each car. Sec. 8. Legal notice, as referred to in thiSL^g^i notice; act, may be either actual or constructive. Where what is. the consignee or his agent is personally served with notice of the arrival of freight at or before p^ee time ai- six p. m. of any day, free time begins at seven lowed. o'clock a. m. on the day after such notice has been given. Constructive notice referred to consists of posting notice by mail to consignee. Where this mode 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 mail, the consignee shall make oath that neither he, his agent, nor employees have received such notice, then he will be held not to have re- ceived legal notice by reason of posting of said notice by mail. Sec. 9. All package freight unloaded by rail- I'oad companies in their depots or warehouses, frelght^subject which is uot 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 folloAving legal notice of arrival may be subject to a charge for storage for each day, or fraction of a day, it may remain in the custody of the railroad company, as follows : In less than car loads, nor more than one (1) cent per hundred pounds per day, or fraction thereof; in car load quantities, not more than ten cents per ton of 2,000 pounds per day or fraction thereof, but not exceeding one dollar per car load per day, or fraction of a day; provided, that in no case shall the amount so charged or collected for storage of less than a car load shipment exceed the amount authorized to be charged as storage or demurrage on a car load of similar freight for the same length of time when not unloaded from car as provided by the demurrage provisions in this act prescribed ; and provided further that the total charge shall not exceed ten dollars for each car load, nor ten dollars on consignment not in excess of a car load. Sec. 10. Loaded cars containing fertilizer, car^s^^of ^fertm^ ^^^' ^^^^' coke, brick, and lumber in covered cars, zer, hay, coal, and the following articles in bulk : meat, pota- coke, brick, toes, grain and grain products, cotton seed, cot- dlmurrage^ ^"^ ton seed meal, and cotton seed hulls, taking track charge. delivery, which are to be unloaded by consignee, to storage charges. Amount of same. Total charge. but are not unloaded within seventy-two hours, computed from seven o'clock a. m. the day fol- lowing the day legal notice of arrival is given ( having been placed at the accessible point desig- nated by consignee for unloading), may be sub- ject thereafter to a charge for demurrage of one dollar per car for each day or fraction of a day, beyond the free time that they may remain load- ed in possession of the railroad conipan}^ ; provid- Total forfei- ed, that the total charge or forfeiture shall not^"^®- exceed ten dollars ($10.00) for each car. All other loaded cars, taking track delivery, to be unloaded by consignee, shall be limited to forty- ot^ifgj.^i™®jj^5^* eight hours of free time; provided, however, that cars, if, after placing a car or cars as rc^uireil in this act, the railroad company shall during or after free time, temporarily remove all or any of them, if cars tempo- or in any way oljstruct the unh^ading of same, warily removed the consignee shall not be chargeable with the de- ^ ^^^ ^^^^' lay caused thereby. Provided, that when, on ac- count of delay or irregularity in transportation, cars are bunched in transit and delivered to con- when '•ars signee in numbers beyond his reasonable ability jj^^J® ^^ ®" to unload within the free time prescribed in this act, he shall be allowed by the carrier such ad- ditional time as may be necessary to unload cars so in excess by the exercise of due and usual dil- igence on the part of consignee and based on con- signees average discharge in past. Sec. 11. Whenever the weather during the pe-„^ ^^ . T n r J.' ' • 1 X • Weather condi- riod of free time is so severe, inclement, or rainy ^jo^s. that it is impossible or impracticable to secure means of loading or unloading freight, or when, from the nature of the goods, loading or unload- ing would cause injury or damage, such time shall be added to the free period, and no demur- rage charges shall be allowed for such addition- al free time. This section applies to the state of the weather during business hours. ^j^^^^ parties Sec. 12. A consignor or consignee three miles reside away or more from the depot, and whose freight is des- from det)ot fined to or from his place of business or residence J^^^^^^^^gj^y"; so located, shall not be subject to storage or de-rage charges. miirrage charges allowed iu the foregoing sec- tions until a sufficient time has elapsed after no- tice for said consignee or consignor to remove or Time for un- load Said goods by the exercise of ordinary dili- i^o^ading allow- gence. The time limit for unloading §hall not be less than four days nor more than six days from the date notice is given. Free time on ^^^- ^^- ^^ ^^^' ^^^^ freight Originating in carload freight Alabama, and shipped on local bills of lading to to a terminal r^ terminal point at a port within this State, for for^export. ^^^ export, there shall be allowed ten days free time, computing from seven o'clock a. m. the day after arrival of car or cars, before application of stor- age or demurrage charges. Incoming car- gec. 14. All incoming car-load freight, if the load freight, ^.r^jj^^ ^^ ^q^ removed before demurrage charges the amount of f 5.00 attach, may be stored by the carrier in its own depots or warehouses, or in pub- lic or private warehouses, at the expense of the consignee or owner ; provided that the rates charged for such storage shall be reasonable and that after storage charges attach no demurrage charges shall be made. When con- ^ g^^. -[5. If the consignee shall refuse to accept to accept " freight tendered in pursuance of the bill of lad- freight in pur-ing, the carrier charged with the duty of delivery of ^^Tin^ ^^^^ shall at once give notice to the consignor of such refusal ; and if such consignor shall not, within four days thereafter, give direction for the re- Liable to car- shipment or unloading, or other disposition of rier for storage g^^^|^ goods, he shall thenceforth become liable to or demurrage. ■, . n , -, -, -, such carrier for storage on such goods, or demur- rage upon the car or cars in which they are gitored, to the same extent, and at the same rates as such charges are now under like circum- stances, by the provisions of this act, imposed upon consignees who neglect or refuse, after no- tice of arrival to remove freight of like character Consignee once from the depots or cars of a carrier. A consignee refusing not ^y^^^ ^^^^ once refused to accept a consignment of ceive same un- goods shall not thereafter be entitled to receive til all charges the same, except upon payment of all charges P^^^- for storage or demurrage which have accrued; 9 • • ••, • • •• and if the consignee, of freight in car loads or less than car loads, shall fail or neglect to remove ^^®^ ^°^: 1 i. . 1 i ..1 • .1 1 /-x XI • signee fails or such freight within three days after the expira- refuses to re- tion of free time, then the carrier shall, through move after the agent at point of shipment, so notify the ship-^^^^ ^^°^^' per, unless the consignee has signified his ac- ceptance of the property. Said notice may be banner of served personally or given by mail. ^^""^^"^ '^°^^^^- Sec. 16. When consignors ship goods consign- ed to order but express in the bills of lading or shipping directions the name of a person at dos tiiiatiim to be notified, it shall be the duty of the When goods railroad or other transportation company to gi ve g^g^^^^j. J^ ^""^gj. notice to such person in the same way as if thebut name of shipping directions the name of a person at des-P^'^son express- consignors do not (lesignate the name of the per- ^d/ng,^*^^ ^^ son to be notified the rAilroad'or other transpor- tation company shall give such notice only to such consignors. Sec. 17. Railroads shall not discriminate be- Railroad not tween persons or places in storage or demurrae:e^^ discriminate charges. No rebate, drawback or other similar sons or piacss. device shall be allowed. Sec. 18. No demurrage shall be charged on Demurrage not private cars standing on private tracks, when chargeable on both cars and tracks are owned by the same per-anlTlpriva^r son. When the cars are not owned by the owners tracks, of the tracks no demurrage shall be charged pro- vided 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 demur- rage. Sec. 19. Nothing in the foregoing rules shall Contracts on be construed to prohibit railroad companies from terms of mutu- , ,. 'Ax.' J ' al convenience contracting with shippers and consignees ouaiiowed. terms of mutual convenience in the matter of fur- nishing and discharging cars ; provided, that such contracts shall be so drawn as to give to either party the right to cancel the same on ten^^igiit to- can- days after notice, and thereafter demand the ap-^^^ ^^^^' plication of. this act. 10 In computing time Sundays and legal holi days excepted. Right to recov cr actual dam- ages. When cars de- livered to switching or belt line; de- murrage char- ges incurred. Manner of re- covering charge or for feiture incurr- ed. Sec. 20. In all computations of time under . the provisions of this act, Sundays and legal holi- days shall be excluded. Sec. 21. ^^othing in this act shall be so con- strued as to bar or prevent any shipper or con- signee from recovering from any railroad com- pany, in addition to the penalties herein pre- scribed such actual damages as he may have sus- tained by reason of any violation of the provis- ions of this act by such company. Sec. 22. In all cases where a car or cars, loaded or empty, shall be delivered by any car- rier 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- curred by or in favpr of either the shipper or con- signee or the common carrier, by reason of any fault, negligence or delay on the part of such switching line or belt line, said switching line or belt line shall forfeit and pay to the shipper or consignee, according to Avhose interest is af- fected, such sum as said shipper or consignee shall pay to said carrier under the provisions of this act, as a demurrage or other charge, and shall forfeit and pay to such carrier such sum as it shall be required to pay, under the provis- ions of this act, to such shipper or consignee. Sec. 23. Any charge or forfeiture incurred by any carrier, including any switching line or belt line, in favor of any shipper or consignee, under the provisions of this act, may be recovered in an action of assumpsit or debt, or under a court 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 consignee shall before suit commenced, and within sixty days after ahy such charge or forfeiture in his favor has been incurred, file a Avritten claim, verified by affida- vit, for such charge or forfeiture with any officer, manager, superintendent, freight agent or sta- tion agent of the carrier against which the claim was incurred, and if within sixty days after the • • •• •»• • , , • • • • , ' • • • • • • • • • • , • • • • ., ; • • ,• .•••. • • •• • I ••• filing of said claim, the same shall not be adjust- ed and paid l)y said carrier, then the amount of the charge or forfeiture recoverable against said carrier and for which it shall be liable shall be three fold the amount prescribed in this act. Pro- vided the proof shows that the claim filed as aforesaid was not for more than the shipper was entitled to under the provisions of this act. Sec. 24. Any person, firm, company or corjio- ration who shall make such application to JiiiVp^j^^j. ^^^ common carrier by rail for, and shall procure securing cars from such common carrier any number of ears without bona without a bona fide intention to use the same ff>i*fo use^same^" the transportation of freight shall be guilty of a misdemeanor, and, upon C(mviction, shall be fined not less than five hundred dollars nor more than five thousand dollars for each offense'. Sec. 25. Any car of freight shipped from Mo-JJ^h^^g^^^o^nsU- bile by steamer, sail, or other water craft, des- shipment, tined for a port outside the State of Alabama shall constitute an export shipment and entitle shipper to export time limit, as defined l)y this act. Sec. 20). This act shall go into effect imnie- Effect, diately upon its approval. Approved February 28, 1907. 294»65 ■ /t INIVERSITY OF CALIFORNIA LIBRARY