Page:United States Statutes at Large Volume 46 Part 1.djvu/295

 252 SEVENTY-FIRST CONGRESS. SEss. II. CH_ 208 . 1930 . in any such receipt or bill of lading, or in any contract, rule, regu- lation, or in any tariff filed with the Interstate Commerce Com- mission ; and any such limitation, without respect to the manner or form in which it is sought to be made is hereby declared to be Provisos. unlawful and void : Provided That if the loss da mage or injury Determination, if by 7 9 carrier by water, occurs while the property is in the custody of a carrier' by water vol. 41, p. 494, the liability of such carrier shall be determined by and under the laws and regulations applicable to transportation by water, and the liability of the initial or delivering carrier shall be the same as Baggage on. passenger that of such carrier by water : Provided, however, That the provisions trains or boats. hereof respecting liability for full actual loss, damage, or injury, notwithstanding any limitation of liability or recovery or repre- senta tion or a greem ent or re lease as to va lue, and decla ring any such lim itation to be un lawful an d void, shall no t apply, first, t o Pr ope rty, exc ept baggage carried on passenger trains or boats, or trains or boats live- stoch, where carrier re- carrying passengers ; second, to property, except ordinary livestock, e establish by p n to establish rates up on received for transportation concerning which the carrier shall have value declared by ship- been or shall hereafter be expressly authorized or required by order per • of the Interstate Commerce Commission to establish and maintain rates dependent upon the value declared in writing by the shipper or agreed upon in writing as the released value of the property, in which case such declaration or agreement shall have no other effect than to limit liability and recovery to an amount not exceeding the value so declared or released, and shall not, so far as relates to values, be held to be a violation of section 10 of this Act to regulate com- merce, as amended ; and any tariff schedule which may be filed with t he commi ssion pu rsuant to such or der shal l contai n specif ic refer- ence thereto and may establish rates varying with the value so d eclar ed an d ag reed upon ; and the commi ssion is hereb y emp ower ed to make such order in cases where rates dependent upon and varying with declared or agreed values would, in its opinion, be just and "Ordinary livestock" reasonable under the circumstances and conditions surrounding the construed • transportation. The term ` ordinary livestock' shall include all cattle, swine, sheep, goats, horses, and mules, except such as are chiefly valuable for breeding, racing, show purposes, or other special lm% sssundereaisting uses : Prov ide d fu rthe r, That nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under the existing law : Provided further, Venue of actions. That all actions brought under and by virtue of this paragraph against the delivering carrier shall be brought, and may be main- tained, if i n a district court of the United S tates, only in a district, and if in a State court, only in a State through or into which the defendant carrier operates a line of railroad : Provided further, Time for filing claims Th at it sh all be un lawful f or any s uch rece iving or deliveri ng com- and instituting suits, mon carrier to provide by rule, contract, regulation, or otherwise a shorter period for the filing of claims than nine months, and for the institution of suits 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 Deliv ering ca rrier the claim or any part or parts thereof specified in the notice : And construed. provided further, That for the purposes of this paragraph and of paragraph (12) the delivering carrier shall be construed to be the carrier performing the line-haul service nearest to the point of Liability applicable destination and not a carrier performing merely a switching service to reconsigned prop- at the point of destination : And pro vide d f urth er, That th e l iabi lit y erty. imposed by this paragraph shall also apply in the case of property reconsigned or diverted in accordance with the applicable tariffs filed as in this Act provided," Approved, April 23, 1930.

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