Chap. 291.—An ACT to amend and re-enact an act to regulate 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

March 24, 1914. [H B 219]
Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That an
act approved March twenty-fourth, nineteen hundred and four-
teen, entitled an act to regulate the time and manner in which com-
mon carriers doing business in this State shall adjust their 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: :

2. 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 cor-
poration 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 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 regulations
of the State corporation commission, relating to storage, demur-
rage, and car service, together with interest thereon from the date
of the filing of the claim therefor, until the payment thereof. Fail-
ure to adjust and pay such claim within the periods herein respec-
tively 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 re-
cover in such action the full amount claimed by him no penalty
shall be recovered, but only the actual amount of the loss or dam-
age to freight or car service, or demurrage charges, with interest as
aforesaid; and, provided further, that if in such action or pro-
ceedings, such claim shall be found to be fraudulent, the claimant
shall pay to the carrier a penalty of twenty-five dollars, to be re-
covered 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 claim-
n

3. 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 fi-
ing 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 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.