Page:United States Statutes at Large Volume 44 Part 2.djvu/1489

 SIXTY-NINTH CONGRESS. Sass. H. CH. 510. 1927. 1449 or injury tosuch property caused by it or by an such common carrier, railroad, or transportation com any to which such property may be delivered or over whose line or lines such property may ass wit in the United States or within an ad`acent foreign country wllien transported on a through bill, of lading, notwithstanding any limitation of liability or limitation of the amount of recovery or ripfegentation orvagreement as ivaggiplin any such receipt grspilé o a ing, or in an contract, r e, r ation, or in an tari e with the Interstate llommerce Commission; and any such limitation, ummm vm without respect to the, manner or form in which it is sou ht to be mum made is hereby declared to be unlawful and void: Provided, That u.uu¤§ wma in ifthe loss, damage, or injuryoccurs while the property is in the ,'i,‘§,‘,Y°‘“' °‘ "°“' °*"` custody of a carrier by water the liability cfsgich carrier shall be V¤*·*¤·1>-*9* determined by and under the laws and_ regul tions applicable to transportation by water, and the liability of the initial or deliverin carrier shall, bathe same _as,.that;of such carrier by, water: Providei N0, mmm, ,0 however, That, the provisions hereogfrespecting liability for full mmm mma. actual loss, damage, or, injury, notwithstanding any limitation of liability or recovery or representation or agreement or release as to value, and declaring any such limitationyto be unlawful and void, shall not apply, first, to baggage carried on passenger trains, or boats, or trams or boats carrying 6(passengers ; second, to property, ,,,2°g,y’“f§,,*fg,g¤g§ excepis ordinary livestock, receiv forwtransportationi concerning Ebyorcgorcdzn- whic the carrier shall have been or shall hereafter be expressly m vnl£l m authorized or required by order of the Interstgte Commerce Commission to establish, and maintain rates depen entnupon the value declared in writin_ by the shipper or agreed upon in writing as the released value of  property, m which case such declaration m,,,,,,,,,,,,,_ or agreement shall have no:other.etl`ect than to limit liabilit and recovery to an amonmt not exceeding the value so declared or rcllaased, and shall not, so far as relates to values, be held to be a violation 8,,},,,,,,,, ,, ,,,,, to of section 10 of this·Act to lfB§ll&tB commerce, as amended; andiany °'“’· tariif schedule which may be led with the commissionpursuant to such order shall contain specific reference thereto and may establish rates varying with the value so declared and agpeed upon; and the commission is thereby empowered to make suc order in cases where rates dependent upon and varyingiwith declared or agreed values would, in its opinion, be just and reasonable under the O M circumstances and conditions surrounding the transportation. The d.¤§,.£°" u"°°°°°l‘ term ‘ordinary livestock’ shall include all cattle swine, sheep, ~ goats, horses, and mules, except such as are chiefly valuable for R,g,,,_,um,m,,,,,¤g reeding, racing, show purposes, or other special uses: Provided kv- furtlwr, That nothingein this section shall eprivegany holder of ` such receipt or bill of lading of any remedy or right of action which vm { U he has under the existing aw: Provakiod further, That all actions £¤¤¢°°e•1i°v•m$°§ gil brought under and by virtue of this paragraph against the delivering · carrier shall be brought, and may be maintained, 1f in a district court of the United States, only in a district, and if in a.State court, only in a State, through or into which the defendant carrier iopepates a commu hmmm line of railroad: Provided further, That it shall be unla _ _ for umetumnqn pam, any such receiving or delivering common carrier__to.provide by qle,  ,,_ M contract, regulation, or otherwise a shorter period for giving notice of claims than ninety days, for the filing of c aims than our months, and for the institution ofsuits than two years, such period for institution of suits to be computed from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any art or pa1‘ts`thereof `specified in the N., ,,0;;,,, rgquimd of notice: Provided, however, 'llhat if the loss, damage, or injury  “ *°“_,g“° §g complained of was due to carelessness or negliggpce while the ¤·smi?°°’ ’ property was in transit., or while the property was ing loaded or