Page:United States Statutes at Large Volume 54 Part 1.djvu/937

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 722-SEPT. 18 , 1940 diversion order with a notice of agency and the proper name and address of the beneficial owner, and where such shipments are refused or abandoned at ultimate destination, the said beneficial owner shall be liable for all legally applicable charges in connection therewith. If the reconsignor or diverter has given to the carrier erroneous information as to who the beneficial owner is, such reconsignor or diverter shall himself be liable for all such charges, and an action for the enforcement of his liability may be begun within the same period provided in the case of an action against a consignee who has given erroneous information as to the beneficial owner. (d) Such section 3 is amended by adding after paragraph (2) thereof the following new paragraph: "(3) If a shipper or consignor of a shipment of property (other than a prepaid shipment) is also the consignee named in the bill of lading and, prior to the time of delivery, notifies, in writing, a delivering carrier by railroad or a delivering express company subject to the provisions of this part, (a) to deliver such property at destina- tion to another party, (b) that such party is the beneficial owner of such property, and (c) that delivery is to be made to such party only upon payment of all transportation charges in respect of the trans- portation of such property, and delivery is made by the carrier to such party without such payment, such shipper or consignor shall not be liable (as shipper, consignor, consignee, or otherwise) for such transportation charges but the party to whom delivery is so made shall in any event be liable for transportation charges billed against the property at the time of such delivery, and also for any addi- tional charges which may be found to be due after delivery of the property, except that if such party prior to such delivery has notified in writing the delivering carrier that he is not the beneficial owner of the property, and has given in writing to such delivering carrier the name and address of such beneficial owner, such party shall not be liable for any additional charges which may be found to be due after delivery of the property; but if the party to whom delivery is made has given to the carrier erroneous information as to the beneficial owner, such party shall nevertheless be liable for such additional charges. If the shipper or consignor has given to the delivering carrier erroneous information as to who the beneficial owner is, such shipper or consignor shall himself be liable for such transportation charges, notwithstanding the foregoing provisions of this paragraph and irrespective of any provisions to the contrary in the bill of lading or in the contract of transportation under which the shipment was made. An action for the enforcement of such liability either against the party to whom delivery is made or the shipper or consignor may be begun within the period provided in paragraph (8) of section 16, or before the expiration of six months after final judgment against the carrier in an action against either of such parties begun within the limitation period provided in paragraph (3) of section 16. The term 'delivering carrier' means the line-haul carrier making ultimate delivery." (e) Paragraph (3) of such section 3 (which relates to the affording of facilities for interchange of traffic), is amended by striking out "(3)" and substituting in lieu thereof "(4)" and is further amended to read as follows: "(4) All carriers subject to the provisions of this part shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines and connecting lines, and for the receiving, for- warding, and delivering of passengers or property to and from connecting lines; and shall not discriminate in their rates, fares, and 41 Stat. 479. 49U.S.c.§3(2). Liability of shipper when consignee. Liability otreceiver. Exception. Liability of shipper. Time limitations. 41 Stat. 492. 49U.S.C. 16(3). "Deliveringcarrier" defined. 41 Stat. 479. 49U.s. C. 3(3). Facilities for inter- change of traffic. Rates.