Chapter 325. To amend paragraph (3), section 16, of the Interstate Commerce Act
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CHAP. 325.— An Act To amend paragraph (3), section 16, of the Interstate Commerce Act. June 7, 1924.[[S. 2704](/us/bill/68/s/2704).][[Public, No. 247](/us/68/pl/247).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That paragraphInterstate Commerce Act.Enforcement.Vol. 41, p. 492, amended.Time for actions by carriers.
(3)of setion 16 of the Interstate Commerce Act be, and the same is hereby, amended to read as follows: " “(3)
(a)All actions at law by carriers subject to this Act 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) All complaints against carriers subject to this Act for theComplaints against carriers for damages. 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 recovery of overcharges action at law shall be begunFor recovery of overcharges. or complaint filed with the commission against carriers subject to this Act within three years from the time the cause of action accrues, and not after, subject to subdivision (d), except that if claim forExtension, if claim presented within limited period. 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. “(d) If on or before expiration of the two-year period ofExtension, if action begun by carrier, etc. limitation in subdivision
(b)or of the three-year period of limitation in subdivision
(c)a carrier subject to this Act 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. “(e) The cause of action in respect of a shipment of propertyActions on shipments to accrue on delivery or tender. shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after. “(f) A petition for the enforcement of an order of thePetitions for enforcing money payments. 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. “(g) The term ‘overcharges’ as used in this section shall beMeaning of “overcharges.” deemed to mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the commission. “(h) The provisions of this paragraph
(3)shall extend to andAccrued causes of action included. embrace cases in which the cause of action has heretofore accrued as well as cases in which the cause of action may hereafter accrue, except that actions at law begun or complaints filed with theActions for recovery of overcharges. commission against carriers subject to this Act for the recovery of overcharges where the cause of action accrued on or after March 1, 1920, shall not be deemed to be barred under subdivision
(c)if such actions shall have been begun or complaints filed prior to enactment of this paragraph or within six months thereafter.” " Approved, June 7, 1924.