Page:United States Statutes at Large Volume 34 Part 1.djvu/638

 608 FlFTY·NINTH oouermss. sm. 1. on. asm. 1906. prevented by storm or by other accidental or unavoidable causes which can not be anticipated or avoided by the exercise of due diligence and hmm. foresight: Provided, That upon the written request of the owner or iJ::i·i°id:¤ilie·l°ii¤ti.m° person in custody of that particular shipment, which written request shall be separate and apart from any printed bill of lading, or other railroad form, the time of confinement may be extended to thirty-six Time of unloading hours. In estimating such connnement, the time consumed in loading ` animals have been confined without such rest or food or water on connectin roads shall be included, it being the intent of this Act to prohibit éeir continuous confinement beyond the period of twenty-eight hours, exec tupon the contingencies hereinbefore stated: Providel, sheep. That it shalllnot be required that sheep be unloaded in the nitghhttime, but where the time expires in the nighttime in case of sheep e same may continue in transit to a suitable place for unloading, subject to the aforesaid limitation of thirty-six hours. rming mmm at Sec. 2. That animals so unloaded shall be properly fed and watered °"°"‘°°'°"“°" during such rest either by the owner or person having the custoady thereof, or in case of his default in so doing, then by the railro , express company, car company, common earner other than by water, or the receiver; trustee, or lessee of any of them, or by the owners or masters of boats or vessels transporting the same, at the reasonable expense of the owner or person in custody thereof, and such railroad, , express company, car company, common carrier other than by water, men upon animals receiver, trustee, or lessee of an of them, owners or masters, shall in furnished, collectible at their destination in the same manner as the transportation charges are collected, and shall not be liable for any detention of such animals, when such detention is of reasonable durai02dw¤¤r mv ¤¤’¤*¤¤ tion, to enable compliance with section one of this Act; but nothing in ' this section shall be construed to prevent the owner or shipper of animals from furnishing food therefor, if he so desires. pulpnnézlrybrmwm- Sec. 3. That any railroad, express company, car company, common ' carrier other than by water, or thereceiver, trustee, or lessee of any of them, or the master or owner of any steam, sailin, or other vessel who knowingly and willful] fails to comply with the rovisious of the two preceding sections shall for ever such failure he liable for. and forfeit and pay a penalt of not less than one hundred nor more than Eve hundred dollars: grmrided. That when animals are carried p OD. . . . in cars, boats, or other vessels in which they can and do have proper food, water, space, and 0 portunity to rest the provisions in regard to their being unloaded sllinll not a ly. recovered by civil action in the name of the llnited Sgtates in the circuit or district court holden within the district where the violation may have been committed or the person or co ration resides or carries on business; and it shall be the duty of lgiiited States attorneys to prosecute all violations of this Act reported by the Secretary of Agriculture, or which come to their notice or kuowled e b other means. w$·&$-my Sec. 5. That sections forty-three hundred am? eighty-six, forty- three hundred and eighty-seven, forty-three hundred and eighty-eight forty-three hundred and eighty-nine, and forty-three hundred and ninety of the Revised Statutes of the United States be, and the same are hereby, repealed. Approved, June 29, 1906.
 * {{:,el,°°‘“”8 “°* *¤‘ and unloading shall not be considered, but the time during which the
 * "°°"" such case have a lien upon such annuals for food, care, and custody
 * ’¤=•¤¤¤¤°¤¤· Sue. 4. That the penalty createdpby the recedin section shall be