Chap. 116.—An ACT to regulate the time and manner in which common car-
riers doing business in this State shall adjust and pay just freight charges,
and claims for loss or damage to freight and claims for storage, demurrage
and car service.

Approved February 29, 1908.

1. Be it enacted by the general assembly of Virginia, That every
claim against a common carrier doing business in this State for loss
or damage to property while in his possession, and every claim for
storage, demurrage and car service charges against such carrier under.
the rules and regulations prescribed by the State corporation commis-
sion, shall be adjusted and paid within sixty days, in case of shipments
wholly within this State, and within ninety days, in case of shipments
from without this State, and within sixty days in case of claims for
demurrage or car service, after the filing of such claim with the agent
of such carrier at the point of destination of such shipment or with the
claims department of such common carrier. No such claims shall be
filed until after the arrival of the shipment or of some part thereof at
the point of destination, or until after the lapse of a reasonable time
for the arrival thereof, when such claim is for loss or damage to freight.
Jm every case such carrier shall be liable for the amount of such loss or
damage to freight or such penalty as is prescribed for failure to comply
with the rules and regulations of the State corporation commission
relating to storage, demurrage and car service, together with interest
thereon from the date of the filing of the claim therefor until the pay-
ment thereof. Failure to adjust and pay such claim within the periods
herein respectively prescribed shall subject such common carrier so fail-
ing to a penalty of twenty-five dollars for each and every such failure
to be recovered by.such claimant so aggrieved in the same action or
proceeding in any court or before any justice having competent jurisdic-
tion in this State: provided, that unless such claimant recover in such
action the full amount claimed by him, no penalty shall be recovered,
but only the actual amount of the loss or damage to freight, or car
service, or demurrage charges, with interest as aforesaid, and provided
further that if in such action or proceeding, such claim shall be found
to be fraudulent, the claimant shall pay to the carrier a penalty of
twenty-five dollars to be recovered along with the costs. If after such
periods above prescribed the carrier shall voluntarily pay the full amount
so claimed, then such penalty alone may be recovered as aforesaid by
the claimant.