Графични страници
PDF файл
ePub

(4) If a common carrier by motor vehicle does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of such carrier, or in any State court of general jurisdiction having jurisdiction of the parties, a complaint setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts stated therein, and except that the plaintiff shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the plaintiff shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.

“(5) All actions at law by common carriers by motor vehicles subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

“(6) All complaints against common carriers by motor vehicle subject to this part for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to paragraph (8) of this section.

(7) For recovery of overcharges, action at law shall be begun or complaint filed with the Commission against common carriers by motor vehicle subject to this part within two years from the time the cause of action accrues, and not after, subject to paragraph (8) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

(8) If on or before expiration of the two-year period of limitation in paragraph (6) or of the two-year period of limitation in paragraph (7) a common carrier by motor vehicle subject to this part begins action under paragraph (5) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninetv days from the time such action is begun or such charges are collected by the carrier.

(9) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.

“(10) A complaint for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.

“(11) The term 'overcharges' as used in this section shall be deemed to mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

“(12) The provisions of this section shall apply only to cases in which the cause of action may accrue on or after the date of the enactment of this section.

“(13) In such suits all parties in whose favor the Commission may have made an award of damages by a single order may be joined as plaintiffs, and all the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; aud service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant has his or its principal operating office. In case of such joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff.”

SEC. 2. Subsection (a) of section 308 of the Interstate Commerce Act, as amended, is hereby amended to read as follows:

(a) For the purposes of this section the term 'carrier' means a common carrier by water.”

SEC. 3. (a) Subsection (f) (1) of section 308 of the Interstate Commerce Act, as amended, is hereby amended to read as follows:

(1) (A) All actions at law by carriers subject to this part for the recovery of their charges, or any part therenf, shall be begun within two years from the time the cause of action accrues, and not after.

(B) All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subdivision (D).

“(C) For the recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers subject to this part within two years from the time the cause of action accrues, and not after, subject to subdivision (D), except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

"(D) If on or before expiration of the two-year period of limitation in subdivision (B) or the two-year period of limitation in subdivision (C) a carrier subject to this part begins action under subdivision (A) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.”

(b) The amendments made by subsection (a) of this section shall apply only to cases in which the cause of action may accrue on or after the date of the enactment of this Act.

SEC. 4. Paragraph (5) of subsection (f) of section 308 of the Interstate Commerce Act, as amended, is hereby repealed.

SEC. 5. Subsection (a) of section 406 of the Interstate Commerce Act, as amended, is hereby amended to read as follows:

“(a) Any person complaining of anything done or omitted to be done by any freight forwarder, subject to the provisions of this part, in contravention of the provisions thereof, may apply to the Commission by petition, which shall briefly state the facts; whereupon a statement of the complaint thus made shall be forwarded by the Commission to such freight forwarder, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, to be specified by the Commission. If such freight forwarder, within the time specified, shall make reparation for the injury alleged to have been done, the freight forwarder shall be relieved of liability to the complainant only for the particular violation of law thus complained of. If such freight forwarder shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable ground for investigating said complaint, it shall be the duty of the Commission to investigate the matters complained of in such manner and by such means as it shall deem proper."

SEC. 6. Title IV of the Interstate Commerce Act, as amended by inserting after section 406 thereof a new section as follows:

“Sec. 406a. (1) In case any freight forwarder subject to the provisions of this part shall do, cause to be done, or permit to be done any act, matter, or thing in this part prohibited or declared to be unlawful, or shall omit to do any act, matter, or thing in this part required to be done, such freight forwarder shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this part, together with a reasonable counsel or attorney's fee, to be fixed by the court in every case of recovery, which attorney's fee shall be taxed and collected as part of the costs in the case.

(2) Any person or persons claiming to be damaged by any freight forwarder subject to the provisions of this part may either make complaint to the Commission or may bring suit in his or their own behalf for the recovery of the damages for which such freight forwarder may be liable under the provisions of this part, in any district court of the United States of competent jurisdiction; but such person or persons shall not have the right to pursue both of said remedies.

“(3) If after hearing on a complaint, the Commission shall determine that any party complainant is entitled to an award of damages under the provisions of this part, for a violation thereof, the Commission shall make an order directing the freight forwarder to pay to the complainant the sum to which he is entitled on or before a day named.

“(4) If a freight forwarder does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the freight forwarder, or in any State court of general jurisdic

tion having jurisdiction of the parties, a complaint setting forth briefly the causes for which he claims damages, and the order of the Commission in the premises. Such suit in the district court of the United States shall proceed in all respects like other civil suits for damages, except that on the trial of such suit the findings and order of the Commission shall be prima facie evidence of the facts stated therein, and except that the plaintiff shall not be liable for costs in the district court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the plaintiff shall finally prevail he shall be allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit.

(5) All actions at law by freight forwarders subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

“(6) All complaints against freight forwarders subject to this part for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to paragraph 8 of this section.

“(7) For recovery of overcharges action at law shall be begun or complaint filed with the Commission against freight forwarders subject to this part within two years from the time the cause of action accrues, and not after, subject to paragraph (8) of this section, except that if claim for the overcharge has been presented in writing to the freight forwarder within the two-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the freight forwarder to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

“(8) If on or before expiration of the two-year period of limitation in paragraph (6) or of the two-year period of limitation in paragraph (7) a freight forwarder subject to this part begins action under paragraph (5) for recovery of charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the freight forwarder.

“(9) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the freight forwarder, and not after.

“(10) A complaint for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.

“(11) The term 'overcharges' as used in this section shall be deemed to mean charges for service in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

“(12) The provisions of this section shall apply only to cases in which the cause of action may accrue on or after the date of the enactment of this section.”

[S. 935, 80th Cong., 1st sess.] A BILL To amend the Interstate Commerce Act, as amended, so as to increase from two

to three years the period of limitation on actions for undercharges and overcharges by or against railroad carriers, and to provide limitations on the time within which actions may be brought for the recovery of undercharges and overcharges by or against common carriers by motor vehicle and freight forwarders

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 16 of the Interstate Commerce Act, as amended, is amended (1) by striking out in paragraph (3) (a) thereof the words “two years” and inserting in lieu thereof the words “three years”; (2) by striking out in paragraph (3) (c) thereof the words “two years” and inserting in lieu thereof the words "three years”, and by striking out in such paragraph the word “two-year” and inserting in lieu thereof the words “three-year”; and (3) by striking out in paragraph (3) (d) thereof the words "two-year period of limitation in subdivision (c) of this paragraph” and inserting in lieu thereof the words "three-year period of limitation in subdivision (c) of this paragraph”.

SEC. 2. Part II of the Interstate Commerce Act, as amended, is amended by inserting after section 223 the following new section :

“LIMITATION ON ACTIONS

"SEC. 223a. (a) All actions at law by common carriers subject to this part for recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.

“(b) For recovery of overcharges action at law shall be begun against common carriers subject to this part within three years from the time the cause of action accrues, and not after, subject to paragraph (c) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the three-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

"(c) If on or before expiration of the three-year period of limitation in paragraph (b) of this section a common carrier subject to this part begins action under paragraph (a) of this section for recovery of charges in respect of the same transportation service, or without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.

"(d) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery therof by the carrier, and not after.

“(e) The term 'overcharges' as used in this section shall be deemed to mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

“(f) The provisions of this section shall extend to and embrace only cases in which the cause of action may accrue on and after the date of the enactment of this section."

Sec. 3. Part IV of the Interstate Commerce Act, as amended, is amended by inserting after section 414 the following new section :

"LIMITATION ON ACTIONS

"Sec. 414a. (a) All actions at law by freight forwarders for recovery of their charges, or any part thereof, shall be begun within three years from the time the cause of action accrues, and not after.

"(b) For recovery of overcharges action at law shall be begun against freight forwarders within three years from the time the cause of action accrues, and not after, subject to paragraph (c) of this section, except that if claim for the overcharge has been presented in writing to the freight forwarder within the three-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the freight forwarder to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

"(c) If on or before expiration of the three-year period of limitation in paragraph (b) of this section a freight forwarder begins action under paragraph (a) of this section for recovery of charges in respect of the same service, or without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the freight forwarder.

"(d) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the freight forwarder, and not after.

“(e) The term 'overcharges' as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

“(f) The provisions of this section shall extend to and embrace only cases in which the cause of action may accrue on and after the date of enactment of this section.

[H. R. 2759, 80th Cong., 2d sess.) AN ACT To amend the Interstate Commerce Act, as amended, so as to provide limitations on the time within which actions may be brought for the recovery of undercharges and overcharges by or against common carriers by motor vehicle, common carriers by water, and freight forwarders

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That part II of the Interstate Commerce Act, ás amended, is ámended by inserting after section 204 thereof a new section as follows:

Sec. 204a. (1) All actions at law by common carriers by motor vehicle subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

“(2) For recovery of overcharges, action at law shall be begun against common carriers by motor vehicle subject to this part within two years from the time the cause of action accrues, and not after, subject to paragraph (3) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

“(3) If on or before expiration of the two-year period of limitation in paragraph (2) a common carrier by motor vehicle subject to this part begins action under paragraph (1) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.

“(4) The cause of action in respect of a shipment of property shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.

“(5) The term 'overcharges' as used in this section shall be deemed to mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Commission.

“(6) The provisions of this section shall apply only to cases in which the cause of action may accrue after the date of the enactment of this section."

Sec. 2. Subsection (a) of section 308 of the Interstate Commerce Act, as amended, is hereby amended to read as follows:

“(a) For the purposes of this section the term 'carrier' means a common carrier by water."

Sec. 3. (a) Subsection (f) (1) of section 308 of the Interstate Commerce Act, as amended, is hereby amended to read as follows:

(1) (A) All actions at law by carriers subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

“(B) All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subdivision (D).

“(C) For the recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers subject to this part within two years from the time the cause of action accrues, and not after, subject to subdivision (D), except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

“(D) If on or before expiration of the two-year period of limitation in sub division (B) or the two-year period of limitation in subdivision (C) a carrier subject to this part begins action under subdivision (A) for recovery of charges in respect of the same transportation service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.”

(b) The amendments made by subsection (a) of this section shall apply only to cases in which the cause of action may accrue after the date of the enactment of this Act.

SEC. 4. Paragraph (5) of subsection (f) of section 308 of the Interstate Commerce Act, as amended, is hereby repealed.

SEC. 5. Title IV of the Interstate Commerce Act, as amended, is hereby amended by inserting after section 406 thereof a new section as follows:

"SEC. 406a. (1) All actions at law by freight forwarders subject to this part for the recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

“(2) For recovery of overcharges action at law shall be begun against freight forwarders subject to this part within two years from the time the cause of action accrues, and not after, subject to paragraph (3) of this section, except that if claim for the overcharge has been presented in writing to the freight forwarder within the two-year period of limitation said period shall be extended to include six months from the time notice in writing is given by the freight forwarder to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

« ПредишнаНапред »