Page:United States Statutes at Large Volume 44 Part 1.djvu/1684

 § Qga _ 1*111LE ,59.-T1: liability ll1erc·by' imposed;. and any such common carrler; rail- ,rood. or_ transportation company? so receiving ‘ ‘property_ tor . transportation from a pointdn one State, Territory,tor. the Dietrlct of Colmntbia to a point in another State or Territory, or fl`0Ill·3 point in a State oi- Territory to apoint or the District of _Co1mnbia, or from any pointin the_United States to a, point in on zgtljacentworeign country, or for transportation wholly within :1 Territory shall be liable to the lawful holder `_0f_ said ri>coipt.—or bill of lading or trrany party entitledoto recover · thereon; whether such receipt or bill of ladingghas been issued or not. for the full"_actua1'loss, daniage, or injury to such property caused by it or by_.an$* such common carrier, railroad, or transportation com-larry to which such property may be I delirerod or over whose line 'or line@uc·h property may pass /f•’i'Y}liIl the Uni;oo_Sraros, or within anjadjacent. foreign country ‘when‘ transported on a through bill of lading, notwithstanding any limitation‘of°1inbillt$*_ or li‘mitation_0f the amount of.recovery or representation or 'agreclhént- as_ to value infamy . such receipt or bill of lading; or in any contract, ·rule,;regulation. or in any —tariH med. with the Intersta,te”C0mmerce Com- _ mission; and any such limitation, ;vith0ut_respect·to-tl1e manneror form iI1`\\’l1‘iCh it is sought to be made i8.d€(2l&1‘€(1 to be unlawful and void { Provided, That if_ the ,lb5s,;damage, or- injury occurs while the property is in the custody of a carrier by water the liability of such carrier shall be determined by and under the laws and regulatio1@ applicable to transportation by · water, and the liability `of the initial carrier shallrbe the same as that of Su·g·l1. carrier by {voter: ·Pro;rid~c¢d,·-Itowevor, Cllhat the provisions hereof respecting'li:1bilit’y for full actual _1oss`,_dam- recovery or representation ·or¢ agreement or! release as to value, and declarlngany such limitation to be unlawful and void, shall not apply, first, to baggage carried on passenger trains or b_;_;ats, or trainsor boats carrying ’pass=engers;; second, to property,. exceot ordinary livestock, received for transportw tion concerning. which the carrie1·_sl1all"ha£·e’ been orashall be expressly authorized or 1‘€(]llii'©d` by order of the I11tQ.i’St8tB Commerce.Co1nmiasion to establish fund" maintain rates dependant uppn the value declared in writing by the shipper“‘or agreed upon in wrltingas thexeleased value of the property, in which case such Ideclarationl or agreement shall a hare no other efect than to Iitnit [liability and recovery to' an—‘atnount not exceeding the value so declared or released, and shall not, so tar as relates to valn&, beheld to be` ayiolation of section` ' 10 ot this chapter; and any tarit! schedule which may be tiled with the commlealon pursuant to such orde? ehall contain . specific reference thereto and may·establish rates varying with fthe value ao declared or agreed upon; and the commlsslow is empowered to makelsuch order in cases where rates/dependent upon and varying with declared or agreed valueszould, in _ its opinion. be lust and reasonable under. the clrcxi stances conditions surrounding the transportation; The term " ordinary? livestock ’.’i_ehall include all cattleQ swine, sheep, goats, harm; and mules, except ;suclr as are chiedy valuable for breeding; racing, show purposes, or other special uses :· Provided further, ` That nothing ju this jeection shall deprive any bolder ot. such receipt or bill of lading ot-any remedy or right or action°w»l1lch` he boa under the exiating lawf Provided further, That lt shall be unlawful for ani such common carrier to provide uyakune, contract, regulation, or otherwise a .`shorter period for giving notice of claims than ninety days, for the Bling; ofaclalms than four months, and for thednatlgtution of suits than two years, auch period for lnstitution ot suita to lm computed from the day when notice in writing is_ given by the carrier to the claimant that the·carrler’ has diaallowed? the claim or any part or narts thereof specified. in the notlcé:__Pro"v4dod, holler ca;=cr7. _Tl1a`t it the lose, damagefor injury coxraplalned of wsa due _ u to delay or damage while being loaded or unloaded, or damaged " l in transit-by carelessness or, negligence, then- no notice of claim
 * nge, or illj'll1`)’, notwitllstantlizig any limitation of liability or

'. \t ° XNSPORIATION — " ·.1670'· -, no1·_§ling ofclalm shall be required as a condition precedent to ·recovery:`·—'_; -‘ ' » ‘ _ (12) Recolxery by hiitialncarrlcr from connecting dcan·iei·, . y The common ·C&1‘l‘j€1‘. railroad, or transportation comnahy ‘is·· 2 from thecommon carrier, rz1iIroad, or transportation company ’ on whose line the loss, damage, or-injury shall have been sus . tained the amount of suchéossz- damage, or injm·y_as it may be 5 Q required to payi to the owners of such, property. as inay be y evidenced byf anyigeceipt, judgment, or transcript- themor, ‘_ r (FebL`4,·1887,_c. 104, _§ 20, 24 Stat., 386; Jane 29; 1906, c. 359}, d __ z§» 7, 34 Stat. 593; {une-18; 1910;-‘e.   -§M14, 36 Stat.'555; = ’ Mar. 4,·19l5, c; 176, ,5 1,°38 Stat. 1196; Ang. 9, 1916, ·c, 301, 39/ » Stat,. 441; and Feb.`28, 1920,-c, $1, if 434e438,` 41 Stat, 493, 494.) ‘  ·, 20a} _Secm·ities· of carriers; issnmce,' etc.——`(»1) Carrie-r ele; ‘ /lned.—As used ln this section the term" 'f ca1irler"’_ means s » common carrier by. railroad` (except a street, subnrbon, or l ·interurban electric ·m11way_ which is not operated as a part `ot a general steam railroad systern of transportation) ·wh_ll;~h is ‘ subject to this chapter, or any c6rpomtion_orgnnized for the ' purposeof engaging. in transportation by railroad subject to l this chapter. - ‘ n ~_ · U j " . . I (2) I ssudnoe of securilles ; assumptions of obligations;. oeithol-· ization;-It shall be unlawful for any carrier to issue any share · of capital stock or any bond or other‘e$·idence of interest in or l iIld0bT.£*dI1€SS of `t_he carrier (hereinafter in tbls section colleo- d l tivelytérrned "secnrities") or to assume any obligation or liability as lessor, lessee, guarantor, lndorser, surety, or otherwise, ln` respectsof the securities of any other person, natnral _or· urtinclal, even ·_.tbough permitted by "the authority creating e~· the‘carrier"corporation, unless and nntil, and then onlyjo the _ extc·n`t.that,` upoulapplicatloxiby the carrier, and after lnvestl-_ gation by the comgnlsston ,ot the purposes and new oi the proposed issue and thqproceeds thereof. or of the proposed assumption of obligation or liability ln respect of thesecnrltiw of any other person, `· natural or artlncial, the commission by order authorizes such . issue; or nssnmpton. {The commission shall, make sucb"orde1·"only if it ilnds that suchissue or assumption: f(a)l is for some lawful object within its corporate pnrposes, V and coinpatlblenvith the public interest, which is necessary or »appropri·ate for or consistent with the proper performance by · · tthe__carrle1‘ of- service to the publle as a common carrier, end · c wlilch will not impair its ability to perform thht serylce, and ' (b) is reasonably necessary and appropriate for such _(3) Scope of oommlarlonfa E;tftb0f‘W#;····—··Th0`COR1!hi88i0¤ shall ` have power by its order to. grant or deny the application · as __ 'made, or to grantit ln part and deny it in allan. or to grant it _ 6 with such modlncations and noon such terms and conditions. as . the, commission may deem `»nécessary_ or appropriate ln· the premises, and may {rom time to tlméo, for good cause shown, make anon supplemental orders _ ln they prenllm as lt ;may deem necessary or aporopriam, and may by any · such supplemental order modify the provisions ot anyfprevlons order as to the particular purposes, mes, gngliextent to which; or the condi- ~ tions under vg·hlch,[ any securities w theretotore authorised or y - (4) Form ond contents of eppznoemp com cmd sigma-. 9 tw·é.———;-Every application for authority shall be made in such _ . form and contain such matters as the commlmlon nnayl prescribe.- Every. such amlication, as also ever? `certillcate of notmcation hereinafter provided tor, shall be madeunrler oath? signed ond. Bled, on bohhlft of theearrler by its president, H. vice president., auditors comptroller, or other Jexecntlre onloer having knowledge of the matters therein, act forth and ·duly _ designated for that pnrpm by the carrier. _ ~ `· `(B) .1?¢•goa£t£os•·` of Jsoosorittee described in oppHoatl<m, etc.-——= Wheneyer any securities set forth nod described in any applly cation for authority or certlacate ot, notincotion as pledged
 * Qsuiug such receipt or bill of ladlng shall be entitled to reoovor
 * the proceeds thereof may be applied, anbjectalvgays to the requirements ot the £oregoing_ paragraph (2). V _ ‘ _ . ·