son under his personal supervision, or by the deponent himself, in the officer's presence, and no other person, and shall, after it has been reduced to writing or typewriting, be subscribed by the deponent.

Deposition to be Returned by Officer Taking Same.

1236. [Sec. 3.] The deposition taken under this Act shall, together with the certificate of the officer taking it and a copy of the notice under which same is taken, be returned under the seal of said officer, if such officer possess a seal, into the court where said cause is pending in the same manner as depositions are returned and taken under existing laws by interrogatories under commission.

COMMON CARRIERS.

May Make Passenger Regulations.

1237. [R. S. 456.] All persons engaged within this State in the business of common carriers of passengers shall have the right to refuse to admit any person to their railroad cars, street cars, steamboats or other water crafts, coaches, omnibuses, or other vehicles, or to expel any person therefrom after admission, when such person shall, on demand, refuse or neglect to pay the customary fare, or when such person shall be of infamous character, or shall be guilty, after admission to the conveyance of the carrier, of gross, vulgar or disorderly conduct, or shall commit any act tending to injure the business of the carrier, prescribed for the management of his business after such rules and regulations shall have been made known; provided, said rules and regulations make no discrimination on account of race or color, and they shall have the right to refuse any person admission to such conveyance when there is not room or suitable accommodations; and except in cases above enumerated, all persons engaged in the business of comman carriers of passengers are forbidden to refuse admission to their conveyance, or expel any person therefrom whomsoever.

Must Pay at Point of Delivery for Non-delivery; Where Suable.

1238. [Sec. 1, Act 182, 1908, p. 268.] Steamboats, railroads and other public carriers doing business in the State are

hereby required to pay at the point of delivery for all freight they may fail, refuse or neglect to deliver, and for all overcharges over and above the rate of freight expressed in the Bill of Lading or contract, except for freight received in sealed cars from other roads outside of the State, and that they may be sued either in the courts at the point of delivery or in the courts at the point of shipment or in the courts at the domicile of such steamboat or other public carrier at the option of the party bringing suit for the recovery of all freight they may fail, refuse or neglect to deliver, or for all damages arising from such failure, refusal or neglect, or for all damages done to freight while in transit. (Amd. Act 80, 1914, p. 196.)

"Except for freight received in sealed cars from other roads outside of the State," Vincent vs. Ry. Co., 114 La. 1021.

Repealing Clause.

1239. [Sec. 2.] All general and special laws or parts thereof in conflict with this Act, and particularly Section 12 of Act No. 37 of the Regular Session of 1877, are hereby repealed. How far Sec. 12, Charter of Morgan's R. R. & S. S. Co., repealed by this act, Iberia, etc., vs. Morgan's, etc., 129 La. 492; Hayes vs. R. R., 117 La. 593.

Within What Time Claim Must be Adjusted.

1240. [Sec. 1, Act 29, 1908, p. 31.] Every claim for loss of or damage to property or freight while in the possession of any common carrier doing business in this State shall be adjusted and paid within thirty (30) days in case of shipments wholly within the State and within sixty (60) days in case of shipments from without the State after the filing of such claim with the agent of such common carrier at the point of destination of such shipment provided that no such claim shall be filed until after the arrival of the shipment or some part thereof at the point of destination or until after the lapse of a reasonable time for the arrival thereof. In every case such common carrier shall be liable for the amount of such loss or damage together with legal interest thereon from the date of the filing of the claim therefor until the payment thereof.

Penalty.

1241.

[Sec. 2.] In case of failure of such common carrier to adjust and pay such claim within the periods respectively here

in prescribed, such failure shall subject such common carrier so failing to a penalty of Fifty (50) Dollars for each and every failure to be recovered by any consignee or consignees aggrieved in any Court of competent jurisdiction; provided that unless said consignee or consignees recover in such action the full amount claimed, no penalty shall be recovered, but only the actual amount of loss or damage with legal interest as aforesaid; provided, further that no common carrier shall be liable under this Act for freight or property which never came into its possession. Stothard vs. La. Ry. & Nav. Co., 127 La. 383.

Action for Freight Charges and Damages to Shipments Prescribed by Two Years.

1242. [Act 223, 1914, p. 421.] All actions by or against common carriers for the collection or recovery of erroneous freight charges, and all actions for loss of or damage to shipments of freight, shall be prescribed by two years, said prescription to run from the date of shipment.

May Sell Unclaimed Goods.

1243.

[Sec. 1, Act 124, 1890, p. 163.] When any person, firm, company or corporation exercising the right of transportation for hire in this State, shall transport to the place designated for its delivery, and property, and the same can not be delivered or has not been called for, within six months from and after the arrival of such property at the place of delivery, then and in that case, it shall be lawful for such carrier to sell for cash said property at public auction, at such place as may be designated by such carrier, after having duly advertised the time, place and terms of such sale for ten days in the manner required for judicial advertisement of the sale of movables; provided, that a separate advertisement of each article to be sold shall not be required, but one general advertisement shall be sufficient to authorize the sale of all freight as hereinabove provided.

How Perishables Sold.

1244.

[Sec. 2.]

[Sec. 2.] If such freight be perishable in its nature, it shall be lawful for such carrier, whenever the same can not be delivered according to the terms upon which said carrier has agreed to carry it, to sell the same for cash, at public auction by a duly licensed auctioneer, after such advertisement as the exi

gencies of the case may permit, and after appraisal by two experts to be appointed and sworn by such auctioneer.

Disposition of Proceeds.

1245. [Sec. 3.] The aggregate proceeds of the sale of unclaimed freight under such advertisement shall be applied in the first place, to the payment of charges and expenses; and the residue, if any, shall be retained by the carrier for the period of six months from the date of sale, and if during said period, the consignees or owners of any of the property sold shall present themselves, they shall be entitled to receive the proceeds of the sale of their property, less the deductions hereinabove authorized to be made, and the balance, if any remaining unclaimed after the expiration of six months, as aforesaid, shall be paid into the treasury of the State of Louisiana to the credit of the General School Fund of the State of Louisiana, to be disbursed in such manner as other money to the credit of the General School Fund of the State of Louisiana, and the carrier shall be released from all liability on account of the property sold.

Penalty for Disregarding Certain Orders of Railroad Commission.

1246. [Sec. 1, Act 240, 1908, p. 357.] Any agent, operator, or other employee of a railroad company, steamboat or other water craft, express company, telegraph company, telephone company, or sleeping car company, or other party operating railroads, express lines, steamboats or other water craft, telephone or telegraph lines, or sleeping cars, who shall neglect or refuse to comply with the provisions and requirements of any order, rule or regulation, relative to the posting of bulletin boards, exhibiting tariffs to the public, furnishing drinking water in stations, keeping fires in waiting rooms in inclement weather, or performing any other duty regarding the care and policing of freight and passenger depots, adopted or established by the Railroad Commission of Louisiana, shall be deemed guilty of a misdemeanor, and shall, upon conviction by any court of competent jurisdiction, be fined not exceeding fifty dollars for each offense, and in default of payment, shall be imprisoned in the parish jail for not more than thirty days or both fined and imprisoned at the discretion of the court; provided that this Act shall not in any manner prevent the Railroad Commission from proceeding against the railroad com

pany, telephone company, sleeping car company or other party operating railroad express lines, steamboats or other water craft, telephone or telegraph lines, or sleeping cars for such offense as now provided by law.

Copy of Law to be Posted.

1247. [Sec. 2.] All railroad companies, steamboats or other water craft, express companies, telegraph companies, or telephone companies, sleeping car companies, and other operating railroads, steamboats, express lines, telegraph and telephone lines, and sleeping cars, in the State of Louisiana, shall keep a copy of this law posted in a conspicuous place in each of its depots, offices, public stations, or exchanges.

Must Not Disclose Information Received from Shipper.

1248. [Sec. 1, Act 57, 1912, p. 69.] It shall be unlawful for any common carrier engaged in intra state transportation of property, or any officer, agent, or employee of such common carrier, or for any other person or corporation lawfully authorized by such common carrier to receive information therefrom, knowingly to disclose to or permit to be acquired by any person or corporation other than the shipper or consignee without the consent of such shipper or consignee, any information concerning the nature, kind, quality, destination, consignee, or routing of any property tendered or delivered to such common carrier for intra state transportation, which information may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a competitor; and it shall also be unlawful for any person or corporation to solicit or knowingly receive any such information which may be used; provided that nothing in this Act shall be construed to prevent the giving of such information in response to any legal process issued under the authority of any court of this State, or to any officer or agent of the Government of the United States, or of the State, in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crime; or for furnishing manifests to the duly organized Exchanges or Boards of Trade of any city for posting in such Exchanges or Boards of Trade.

Penalty.

1249.

[Sec. 2.]

[Sec. 2.] Any person or corporation who shall be guilty of a violation of this Act shall be fined, upon conviction,