Chap. 250.—An ACT to amend and re-enact an act entitled an act to regu-
. .Jate the time and manner in which common carriers 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. (S. B. 43.)

Approved March 24, 1914.
1. Be it enacted by the general assembly of Virginia, That.

én act approved February twenty-ninth, nineteen hundred and
eight, entitled an act to regulate the time and manner in which
common carriers doing business in this State shall adjust freight
charges, and claims for loss or damage to freight, and claims for
storage, demurrage and car service, be amended and re-enacted so
as to read as follows: 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 pre-
scribed by the State corporation commission, shall be adjusted and
paid within sixty days, in case of shipments wholly within this
State, and within ninety days in case of interstate shipment 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 depart-
ment 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 regulations of the State cor-
poration 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 carrier 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 proceeding 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 ser-
vice, or demurrage charges, with interest as aforesaid; and pro-
vided, 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.
Tf 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.

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 twenty-five dollars, either party at or before the
return day of the warrant may file an affidavit relating to the sub-
ject matter and the other party to such action shall have the 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 affiant or affiants, at such
time and place as the court may prescribe the taking of such deposi-
tion 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 sanie force and effect as in the
civil justice court, or before the justice of the peace.