Page:United States Statutes at Large Volume 38 Part 1.djvu/1215

 SIXTY·THIRD CONGRESS. Sess. IH. Ch. 176. 1915. 1197 deprive any holder of such receipt or bill of lading of any remedy or right o action which he has under existing law," be, and the same is hereby, amended so as to read as follows, to wit: "That any common carrier, railroad, or transportation company asii:°€iiil!$f1§°Zsa”i§r °° subject to the provisions of this Act receiving property for transportation from a point in one State or Territo or the District of olumbia to a point in another State, Territory, lgistrict of Columbia, or from any point in the United States to a point in an adjacent foreign country shall issue a receipt or bill of lading therefor, and shall be liable to the lawful holder thereof for any loss, damage, or mljw f,‘g,,_"°*d°"°' injury to such property caused by it or by any common carrier, rail- ' road, or transportation company to which such property may be delivered or over whose line or hnes such property may pass within the United States or within an adjacent foreign conmtry when transported on a through bill of lading, and no contract, receipt, rule, Nct ¤¤¤¤¤1>t·d by regulation, or other limitation of any character whatsoever, shall my °°°m°°’°°°` exempt such common carrier, railroad, or trans rtation company from the liability hereby imposed; and any sucho common carrier, Liability me muwrailroad, or transportation company so receiving property for trans- *“““°“· "°°· gortation from a point in one State, Territory, or the District of olumbia to a point in another State or Territory, or from a point in a State or Territory to a int in the District of Columbia, or from any point in the nited Igiaates to a point in an adjacent foreig country, or for transportation wholly within a Territory shall liable to the lawful ho der of said receipt or bill of lading or to any party entitled to recover thereon, whether such receipt or bill of ading has been issued or not, for the full actual loss, damage, or injury to such property caused by it or by any such common carrier, railroad, or transportation company to which such property may be delivered or over whose line or lines such property may pass within the United States or within an adjacent foreign country when transported on a through bill of lading, notwithstanding any limitation L(jmi¤=¢i¤¤¤. ctc., of liability or limitation of the amount of recovery or representation v°' ` or agreement as to value in any such receigt or ill of ading, or in any contract, rule, regulation, or in any tar' filed with the Interstate Commerce Commission; and any such limitation without respect to the manner or form in which it is sought to be made is hereb declared to be unlawful and void: Provzkied, however, That if the (goodie are hid- {,’%,;,dd_¤ mm den from view by wrapping, boxing, or other means, an the carrier is vivw. not notified as to the c aracter of the goods, the carrier may require the shipper to s eciiically state in writing the value of the goods, and the carrier shall not be liable beyond the amount so specifically stated, in which case the Interstate Commerce Commission may establish and maintain rates for transportation, dependent upon the value of the property shi ped as sppcifically stated in the shi per. Such rates shall be pu lished as are other rate sc e - _ ules: lgovided further, That nothing in this section shall deprive m§{§§,f’ ““d“ ***1*** any holder of such receipt or bill of lading of any remedy or %ht _ _ of action which he has under the existing law: Promdedfarther, at c,f,g,’;° '°’ “"°¤ it shall be unlawful for an such common carrier to fprovide by rule, contract, regulation, or otherwise a shorter period or  notice of claims than ninety days and for the Hling of clanns or a shorter period than four months, and for the institution of suits than two Losses b md years: Prwided, however, That if the loss, damage, or injliigy com- umm, Y °°°' plained of was due to delay or damage while being loaded or oaded, or damaged in transit by carelessness or neghgence, then no notice of claim nor filing of claim shall be required as a condition precedent to recove ." _ _ Sec. 2.l;l`hat this Act shall take effect and be in force from mnety I¤°¤°°* m °°°‘*‘>’°- days after its passage. Approved, March 4, 1915.