other loaded, by railroad. unloaded by consignee, shall be limited to fortyeight hours of free time; provided, however, that Free time for if, after placing a car or cars as required in this cars. act, the railroad company shall during or after free time, temporarily remove all or any of them, If cars tempoor in any way obstruct the unloading of same, rarily removed the consignee shall not be chargeable with the delay caused thereby. Provided, that when, on account of delay or irregularity in transportation, cars are bunched in transit and delivered to consignee in numbers beyond his reasonable ability to unload within the free time prescribed in this bunched in deact, he shall be allowed by the carrier such ad- livery. ditional time as may be necessary to unload cars so in excess by the exercise of due and usual diligence on the part of consignee and based on consignees average, discharge in past. When cars tions. Sec. 11. Whenever the weather during the pe- Weather condiriod of free time is so severe, inclement, or rainy that it is impossible or impracticable to secure means of loading or unloading freight, or when, from the nature of the goods, loading or unloading, would cause injury or damage, such time shall be added to the free period, and no demurrage charges shall be allowed for such additional free time. This section applies to the state of the weather during business hours. Sec. 12. A consignor or consignee three miles When parties or more from the depot, and whose freight is des- reside away from depot tined to or from his place of business or residence when not subso located, shall not be subject to storage or de- ject to demurmurrage charges allowed in the foregoing sec- rage charges. tions until a sufficient time has elapsed after notice for said consignee or consignor to remove or load said goods by the exercise of ordinary diligence. The time limit for unloading shall not be less than four days nor more than six days from lowed. the date notice is given. Time for un loading al Sec. 13. On car load freight originating in Alabama, and shipped on local bills of lading to Free time on a terminal point at a port within this State, for carload freight export, there shall be allowed ten days free time, to a terminal computing from seven o'clock a. m. the day after for export. point at a port Incoming carload freight. When consignee refuses to accept of lading. Liable to car arrival of car or cars, before application of storage or demurrage charges. Sec. 14. Incoming car load freight, coming under the provisions of section 11 and 12, may be stored by railroad companies in depots or warehouses at the expense of the owner, if same is not removed 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. 15. If the consignee shall refuse to accept freight tendered in pursuance of the bill of lad freight in pur-ing, the carrier charged with the duty of delivery suance of bill shall at once give notice to the consignor of such refusal; and if said consignor shall not, within four days thereafter, give direction for the reshipment or unloading, or other disposition of rier for storage such goods, he shall thenceforth become liable to or demurrage. such carrier for storage on such goods, or demurrage upon the car or cars in which they are stored, to the same extent, and at the same rates as such charges are now under like circumstances, by the provisions of this act, imposed upon consignees who neglect or refuse, after notice of arrival to remove freight of like character Consignee once from the depots or cars of a carrier. A consignee refusing not who has once refused to accept a consignment of entitle to regoods shall not thereafter be entitled to receive the same, except upon payment of all charges for storage or demurrage which have accrued; and if the consignee, of freight in car loads or less than car loads, shall fail or neglect to remove refuses to re- 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 signified his acserving notice. ceptance of the property. Said notice may be served personally or given by mail. ceive same un til all charges paid. When consignee fails or move after free time. Manner of When goods shipped con Sec. 16. When consignors ship goods consigned signed to order to order, but express in their bills of lading or but name of shipping directions the name of a person at desti person express-nation to be notified, it shall be the duty of the railroad or other transportation company, to give ed in bill of lading. notice to such party in some way, as if the shipment had been made direct to him. But when consignors do not designate the name of the person to be notified, the railroad, or other transportation company shall give such notice only to such consignors; except that in shipments of grain or hay, notice shall also be given to the local exchanges; provided, that at the expiration of free time the carrier shall give notice thereof to the consignor. Railroad not Sec. 17. Railroads shall not discriminate between persons or places in storage or demurrage to discriminate charges. No rebate, drawback or other similar between perdevice shall be allowed. sons or places. Demurrage not tracks. Sec. 18. No demurrage shall be charged on private cars standing on private tracks, when chargeable on both cars and tracks are owned by the same per- private cars son. When the cars are not owned by the ownand private ers 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. Contracts on Sec. 19. Nothing in the foregoing rules shall be construed to prohibit railroad companies from terms of mutu contracting with shippers and consignees on al convenience terms of mutual convenience in the matter of fur- allowed. 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 days after notice, and thereafter demand the ap plication of this act. Right to can cel same. Sec. 20. In all computations of time under the In computing provisions of this act, Sundays and legal holidays time Sundays shall be excluded. and legal holidays excepted Sec. 21. Nothing in this act shall be so construed as to bar or prevent any shipper or con signee from recovering from any railroad com- Right to recovpany, in addition to the penalties herein pre- er actual damscribed, such actual damages as he may have sus- ages. tained by reason of any violation of the provisions of this act by such company. livered to switching or belt line; demurrage charges incurred. covering charge or for feiture incurr Sec. 22. In all cases where a car or cars, When cars de- 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 incured by or in favor of either the shipper or consignee 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 whose 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 Manner of re- 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 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 officer, manager, superintendent, freight agent or station agent of the carrier against which the claim was incurred, and if within sixty days after the filing of said claim, the same shall not be adjusted and paid by 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. Provided 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. ed. securing cars Sec. 24. Any person, firm, company or corporation who shall make such application to any Penalty for common carrier by rail for, and shall procure without bona from such common carrier any number of cars fide intention without a bona fide intention to use the same for to use same. the transportation of freight shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars for each offense. What consti Sec. 25. Any car of freight shipped from Mobile by steamer, sail, or other water craft, des- tutes export tined for a port outside the State of Alabama shipment. shall constitute an export shipment and entitle shipper to export time limit, as defined by this act. Sec. 26. This act shall go into effect imme- Effect. diately upon its approval. Approved February 28, 1907. No. 159.) AN ACT. (H. 468. To provide for the payment of interest on the fund in the State treasury, the proceeds of lands sold by the "Alabama Girls' Industrial School." Whereas, the congress of the United States granted to the State of Alabama twenty-five thousand acres of land, upon condition 1. "That the proceeds of said lands, when sold or leased shall forever remain a fund for the use of the "Alabama Girls' Industrial School," and the State of Alabama accepted. the grant upon that express condition; and by law authorized the sale of the lands and required the proceeds thereof to be paid into the State treasury, and bound the State, to pay to the school, interest, quarterly on all of this fund at the rate of six per cent. per annum; and there have been paid into the treasury on different dates from Nov. 18, 1902, various sums now amounting to $36,556.68 and no interest has |