Chap. 237.—An ACT to regulate the payment and adjustment by common
carriers of claims for loss or damage in transit, for storage, demurrage, and
car service, and to permit evidence to be shown by affidavits in the trial of
certain cases; and to repeal chapter 291 of Acts 1918. [H B 108}

Approved March 15, 1922.

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 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 ship-
ments wholly within this State, and within ninety days in case of
‘interstate shipment, and within sixty days in case of claims for de-
murrage 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 shipment or 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. In 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 regu-
lations 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 payment
thereof. Failure to adjust and pay such claim within the periods
herein respectively prescribed, shall subject such common car-
rier so failing 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 proceedings in any court or before any justice
having competent jurisdiction 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 proceedings, 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 pre-
scribed, the carrier shall voluntarily pay the full amount so claimed,
then such penalty alone may be recovered as aforesaid by the
claimant. , | . |

2. In any action which may be instituted pursuant to this act
before a justice of the peace, or a civil justice court for an amount
not exceeding three hundred ($300.00) dollars, either party at or
before the return day of the warrant may file an affidavit relating
to the subject matter and the other party to such action shall have
a right of a continuance for a reasonable time, provided, that any
party to such warrant may give reasonable notice to the party filing
such affidavit and take the deposition of the ‘afhant or affiants, at
such time and place as the court may prescribe, the taking of such
deposition to be governed by the rules of law in force regarding
the cross-examination of witnesses. Such affidavits and depositions
shall be read with the same force and effect as if taken in the form
of a deposition after due notice to the other party. In the event
of appeal of any such action such affidavits and depositions shall
be read in the appellate court with the same force and effect as in
the civil justice court, or before the justice of the peace.

3. That the act of the general assembly of Virginia, approved
March sixteenth, nineteen hundred and eighteen, relating to the pay-
ment and adjustment of freight claims be and the same is hereby
repealed.