Page:United States Statutes at Large Volume 54 Part 1.djvu/983

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54 STAT.] 76TH CONG. , 3D SESS.-CH. 722-SEPT. 18, 1940 willfully receive any such information which may be or is so used. Any person violating any provisions of this subsection shall be guilty Penalty. of a misdemeanor and upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was in whole or in part committed shall be subject to a fine of not more than $2,000. Nothing in this part shall be construed Exceptions. to prevent the giving of such information in response to any legal process issued under the authority of any court, or to any officer or agent of the Government of the United States or of any State, Territory, or District thereof, in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crimes, or to another carrier, or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers. "C OLLECTION OF RATES AND CHARGES "SwE. 318. No common carrier by water shall deliver or relinquish Collection of rates possession at destination of any freight transported by it until all d tariff rates and charges thereon have been paid, except under such rules and regulations as the Commission may from time to time pre- scribe to govern the settlement of all such rates and charges, includ- ing rules and regulations for periodical settlement, and to prevent unjust discrimination or undue preference or prejudice: Provided, Governmental That the provisions of this paragraph shall not be construed to pro- freight. hibit any such carrier from extending credit in connection with rates and charges on freight transported for the United States, for any department, bureau, or agency thereof, or for any State or Territory or political subdivision thereof, or for the District of Columbia. Where such carrier is instructed by a shipper or consignor to deliver iniabity of con- property transported by such carrier to a consignee other than the ship- per or consignor, such consignee shall not be legally liable for trans- portation charges in respect of the transportation of such property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the prop- erty has been delivered to him, if the consignee (1) is an agent only and had no beneficial title in the property, and (2) prior to delivery of the property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of a shipment reconsigned or diverted to a point other than that speci- fied in the original bill of lading, has notified the delivering carrier in writing of the name and address of the beneficial owner of the property. In such cases the shipper or consignor, or in the case of Lilbn'tyofrshipner a shipment so reconsigned or diverted, the beneficial owner shall be cal owner. liable for such additional charges irrespective of any provisions to the contrary in the bill of lading or in the contract under which the shipment was made or handled. An action for the enforcement of Timelimitations. such liability may be begun within two years from the time the cause of action accrues, or before the expiration of six months after final judgment against the carrier in an action against the consignee be- gun within said period. If the consignee has given to the carrier Litabty of con- erroneous information as to who is the beneficial owner, such con- signee shall himself be liable for such additional charges, notwith- standing the foregoing provisions of this paragraph. An action for Tme limitations. the enforcement of such liability may be begun within two years from the time the cause of action accrues, or before the expiration of six months after final judgment against the carrier in an action 949