Page:United States Statutes at Large Volume 56 Part 1.djvu/324

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PUBLIC LAWS-CH. 318-MAY 16, 1942 Payment before de- livery. 49 Stat. 543. 49 U. S. C. §§301- 327. Ante, p . 176; post, pp. 300, 746. Proviso. Extension of credit for government freight. Publication of al- lowances. Determination of reasonable amount. for the delivery of property to the consignee named in the freight forwarder's bill of lading, shipping receipt, or freight bill, the prop- erty may, with the consent of the freight forwarder, be delivered on the freight bill, and receipted for on the delivery receipt, of the freight forwarder. "COLLECTION OF RATES AND CHARGES "SEC. 414. In the case of service subject to this part, it shall be unlawful for a freight forwarder, or a common carrier by motor vehicle subject to part II of this Act whose services are utilized by a freight forwarder, to deliver or relinquish possession of property to the consignee named in the bill of lading, shipping receipt, or freight bill of the freight forwarder until all tariff rates and charges thereon have been paid, except under such rules and regulations as the Com- mission may from time to time prescribe to govern the settlement of all such rates and charges and to prevent unjust discrimination or undue preference or prejudice: Provided, That the provisions of this section shall not be construed to prohibit any such forwarder or 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, Territory, or political subdivision thereof, or for the District of Columbia. " ALLOWANCES TO SHIPPERS FOR TRANSPORTATION SERVICE "SEC. 415. If the owner of property transported in service subject to this part directly or indirectly renders any service connected there- with, or furnishes any instrumentality used therein, the charge and the allowance therefor, to such owner, shall be published in tariffs filed in the manner provided in this part and shall be no more than is just and reasonable and the Commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the freight forwarder or for- warders for the services so rendered or for the use of the instru- mentality so furnished, and fix the same by appropriate order. "NOTICES. ORDERS, AND SERVICE OF PROCESSES Designation of "SEC. 416. (;a) It shall be the duty of every freight forwarder to agen file with the Commission a designation in writing of the name and post-office address of an agent upon whom or which service of notices or orders may be made under this part. Such designation may from Method of service, time to time be changed by like writing similarly filed. Service of notices or orders in proceedings under this part may be made upon such forwarder by personal service upon it or upon an agent so desig- nated by it, or by mail addressed to it or to such agent at the address filed. In default of such designation, service of any notice or order may be made by posting in the office of the Secretary of the Com- mission. Whenever notice or order is served by mail, as provided herein, the date of mailing shall be considered as the time of service. Service on attorney In proceedings before the Commission involving the lawfulness of rates, charges, classifications, or practices, service of notice upon an attorney in fact of a freight forwarder who has filed a tariff in behalf of such freight forwarder shall be deemed to be due and sufficient service upon the freight forwarder. rdspension, etc., of "(b) The Commission may suspend, modify, or set aside its orders upon such notice and in such manner as it shall deem proper. Effective dates. "() Except as otherwise provided in this part, all orders of the Commission shall take effect within such reasonable time, not less than thirty days, as the Commission may prescribe and shall continue 296 [56 STAT.