Deposit of freight charges-Failure of applicant to load cars; penalty for.

SEC. 4. Such applicant shall, at the time of applying for such car or cars, deposit with the agent of such company or with such person, corporation, receiver or trustee one fourth of the amount of the freight charge for the use of such car or cars, if such agent, or such person, corporation, receiver or trustee shall require such deposit; and such applicant shall within forty-eight hours after such car or cars have been delivered and placed as heretofore provided fully load the same; and upon failure to do so, he shall be liable and immediately indebted and pay to such company, person, corporation, receiver or trustee the sum of six dollars per day for each car not used;provided, that where applications are made on several days, all of which are filled upon the same day, the applicant shall have forty-eight hours to load the car or cars furnished on the first application, and the next forty-eight hours to load the car or cars furnished on the next application, and so on; and the penalty herein prscribed shall not accrue as to any car or lot of cars applied for on any one day, until the period within which they may be loaded has expired, and if the said applicant shall not use such cars so ordered by him, he shall forfeit and pay to the said railroad company in addition to the penalty herein prescribed, the actual damages that such company may sustain by the failure of the applicant to use said Every such company, person, corporation, receiver or trustee shall have a lien upon any deposit made in accordance with this section for any damages or penalties accruing to it by failure to load any car or cars delivered and placed as in this act provided.

cars.

Cars must be moved when loaded-Time for unloading carsDemurrage Rates for demurrage.

SEC. 5. The time within which said cars are to be loaded shall begin to run from the hour of seven o'clock A. M. of the day next following the day the same are furnished at the place required and at the time specified in the application therefor. If the said applicant shall not use such cars so ordered by him, he shall so notify the railroad furnishing the same, and he shall be liable for the penalty above set forth to the railway company, corporation, receiver, trustee or other person in charge

furnishing the same for the period of one day after said notification. When cars have been furnished and loaded it shall be the duty of the railway company, corporation, receiver, trustee or other person in charge to promptly remove the same from the point where loaded and deliver the same to the connecting railroad or to the person or persons to whom they are consigned, within a reasonable time. All persons to whom cars are consigned shall unload the same within forty-eight (48) hours after delivery thereof to the said consignee at the usual and appropriate point of unloading; and upon failure to unload said car or cars within the time herein specified, after the delivery thereof as herein stated, the consignee thereof shall be liable and shall be held to be immediately indebted to the railway company, corporation, receiver, trustee or other person in charge, delivering said cars, in the sum of six dollars per day, or fraction of a day, for each car so left unloaded. The time for unloading such cars shall be computed in the manner hereinbefore prescribed for loading cars. Nothing in this act contained shall be construed to prevent any railway company, person, corporation, receiver or trustee, operating any line of railway from making and enforcing any and all necessary rules for demurrage to insure the loading and unloading of cars within twenty-four hours after delivery thereof to consignors or consignees at the usual and appropriate point of loading or unloading; provided, the rate or charge for demurrage so made shall not exceed three dollars for the first day after said period of twenty-four hours for each car, and thereafter the rate or charge for demurrage shall be the sum of six dollars per day for each car as hereinabove in this section provided.

Claims for failure to furnish cars.

SEC. 6. Any claim which any person may have against any railway company, corporation, receiver, trustee or other person in charge, for failure to furnish cars or for damages sustained by reason thereof, shall be assignable in the same manner, and to the same extent, as any assignable claim or chose in action, and suit or action for the collection thereof may be brought against any railway company, corporation, receiver, trustee or other person in charge by any person having any such claim, or by the assignee thereof.

What evidence necessary in suits.

SEC. 7. It shall be necessary for the party or parties bringing suit against any railway company, person, corporation, receiver or trustee under the provisions of this act, to show by evidence that he or they had on hand at the time any demand for cars was made the amount of oil, lumber, wheat or other grain, wool, hides, fruit or other freight, necessary to load the cars so ordered; provided, no charge for failure of any railway company, corporation, receiver, trustee or other person in charge to furnish a car or cars as herein required shall be made or enforced, or damages therefor claimed, when such failure is caused by public calamity, strikes, washouts, acts of God, the public enemy, mobs, riots, wrecks, fires or accidents. The causes in this act enumerated, which afford an excuse on the part of a railroad for not furnishing the cars as required, shall likewise, and to the same extent, excuse the owner, manager or shipper or consignee of any freight from all liability hereunder for failure to load or unload cars as herein required.

Act applies to what shipments.

SEC. 8. This act shall apply only to shipments begun and terminating within the State of California.

RULES OF THE RAILROAD COMMISSION.

Rules of procedure of the railroad commission of the State of California.

Adopted by the Commission June 8, 1909.

The railroad commission of the State of California hereby adopts the following rules to govern the exercise of the judicial power conferred upon the commission by the state constitution, and the laws made in pursuance thereof:

RULE I.

Any person believing himself aggrieved by any railroad or other transportation company, in any particular, may file a verified complaint against such railroad or transportation company with the secretary of the commission. The secretary must

indorse on the complaint the day, month, and year that it is filed, and must, at the request of the commission issue a summons thereon.

RULE II.

The summons must be directed to the defendant, must be signed by the secretary, and attested by the seal of the commission, and must contain:

1. The names of the parties to the proceeding.

2. A statement of the nature of the complaint.

3. A direction that the defendant appear and answer said complaint at a time and place specified by said commission.

RULE III.

The summons may be served by any citizen of the state, and shall be served by delivering a copy thereof, together with a copy of the complaint, to the defendant, or if the defendant is a corporation, to the president, secretary, treasurer, or managing or designated agent thereof. Proof of service of summons and complaint must be made by certification.

RULE IV.

From the time of service of the summons and copy of complaint, the commission shall be deemed to have acquired jurisdiction of the parties and subject-matter. The voluntary appearance of the defendant is equivalent to personal service.

RULE V.

The complaint must contain:

1. The names of the parties to the proceeding.

2. A statement of the cause of complaint, in ordinary and concise language, giving such particulars of time, place, and circumstances as may enable the defendant to answer the same intelligently.

3. A demand of the relief claimed.

RULE VI.

The complainant may unite several causes of action in the same complaint, but each cause must be separately pleaded therein.

RULE VII.

The defendant may, within the time required in the summons to answer, demur to the complaint upon the following grounds: 1. That it does not state facts sufficient to authorize the proceedings.

2. That it contains more than one cause of action, and that such causes are not separately pleaded.

3. That it is ambiguous, uncertain, or unintelligible.

RULE VIII.

If the demurrer is sustained, the complainant may, within ten days thereafter, amend his complaint. If the demurrer is overruled, the defendant must within ten days thereafter, answer the complaint.

RULE IX.

The answer of the defendant must contain:

1. A general or specific denial of the allegations of the complaint controverted by him.

2. A statement of any new matter of defense, or in mitigation or explanation of charges made in the complaint.

3. The answer of the defendant shall be verified and filed with the secretary of the commission and a copy thereof served by defendant upon complainant.

RULE X.

The complainant may, within ten days after the service of the answer, demur to the same as insufficient, and if the demurrer is sustained, the defendant may, within ten days thereafter, amend his answer.

RULE XI.

The complaint, answer, and demurrer must be subscribed by the party or by some attorney at law in his behalf. The complaint and answer must be verified in the same manner, by the persons and in the form required by the Code of Civil Procedure in civil cases.

RULE XII.

All pleadings shall be in typewriting on one side of the sheet only; each line and page shall be numbered and three copies of every pleading shall be filed with the commission.

1. Every complaint shall specify the section or sections of the law claimed by complainant to have been violated by the facts pleaded.