Page:United States Statutes at Large Volume 47 Part 1.djvu/1279

 72d C ONGRESS. SESS. II. CH. 128. FEBRUARY 27, 1933 . r So in o riginal. CHAPTER 47.-CARRIAGE OF M ESSA GES CHA PT ER 48 .-COMM ON CARRIERS COM MON C ARRI ERS IN GENE RAL 1255 SEC. 949 . NATIIRAL INCRE ASE OF FREIGHT .-NO frei ghta ge can be f reig ht l increase of char ged upo n the na tura l in crea se of freight. S EC. 950 . APP ORTIONMENT BY CONTRACT.-If fr eig htag e is app or- cc np a pc rtionment by tioned by a bill of lading or other contract made between a con- signor and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers. SEC. 951 . SAME .-If a part of the freight is accepted by a con- signee, without specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract. ,,SEC. 952 . APPORTIONMENT ACCORDING TO DISTANCE : If a consignee Apportionment ac. voluntarily receives freight at a place short of the one appointed Cording to distance. for delivery, t he carrier is enti tled to a just pr oportion of the fr eight- age, acc ord ing to distance. If the carrier, being ready and willing, o ffers to complet e the transit, he is entitled to the full freighta ge. If he does not thus offer completion, and the consignee receives the fre ig ht only fro m necessity, the carrier is not entitled to any freightage. SEC. 953. FREIGHT CARRIED FURTHER THAN AG REED , AND SO FORTH : Freight carried far. If freight is carried further, or more expeditiously, than was agreed therehanagreed ,etc. upon by the parties, the carrier is not entitled to additional compen- sation, and can not refuse to deliver it, on the demand of the con- signee, at the place and time of its arrival. SEC. 954. CARRIER'S LIEN FOR FREIGHTAGE, SERVICES, AND ADVANCES : Carrier's lie n. A ca rri er has a lie n for f reig htag e and for s ervi ces rend ere d at request of shipper or consignee in and about the transportation, care, and pres ervation of the property, and he also has a lie n for money advanced at request of shipper or consignee to discharge a prior lien. His rights to such li en are regulated by ch apte rs 62 to 65 of this code on liens : Provided, however, That such lie n may be enforced in the manner provided by sections 759 to 762 of this code re lati ng to wa reho use men. Cross R> rartENCE Post, pp. 1298-1308. Pr ovi so. Enforcement of lien. Ante, p . 1235. Liens, g enerally, see sectio ns 1309 et seq. Post, p. 1296. CARRIAGE OF MESSAGES. S EC. 955 . DEGREE OF CARE AND DILIGENCE REQUIRED. -A c arri er of Degree of taro. messages for reward must use great care and diligence in the trans- mission and delivery of messages. CO MMON CAR- RIERS. In general. S EC. 956 . COMMON CARRIER, WHAT .-Everyone who offers public to carry persons, property, or messages is a common of whatever he th us offers to carry. CROSS REFERENCES Carriage, in general, see sections 885 et seq. Ante, p .1252. Marin e carriers, defined, see section 887. Ante, p.1252. Rights and liabilities of carriers ; see Carriers of persons, sections 966 s et seq. Carriers of property, sections 975 et seq. Post, p.1257 • SEC. 957. OBLIGATION TO ACCEPT FREIGHT .-A common carrier must, Obligation to accept if able to d o s o, accept and c arry whatever is offered to him, at a fre ight. to the "Common carriers" defined. car rie r