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This rule applies to the state of the weather during business hours.
Railroads shall not discriminate between persons or places in storage or demurrage charges. If a railroad company collects storage or demurrage of one person, under the demurrage rules it must collect of all who are liable. No rebate, drawback, or other similar device will be allowed.
If demurrage is collected by a railroad company at one point on its line, it must collect at all places on its line of those liable under the rules of this Commission: Provided, That the Commission shall hear and grant applications to suspend the operation of this rule whenever justice shall demand this course.
Cars detained or held for want of proper shipping instructions or by reason of improper or excessive loading (where loading is done by shipper) shall be subject to a demurrage charge of one dollar per car for each day or fraction of a day said car or cars are so detained or held. Likewise, when cars are properly loaded and shipping instructions given the railroad agent must immediately issue bills of lading therefor, and if said car or cars are detained or held, and not carried forward (not including Sundays or legal holidays) within forty-eight (48) hours, except perishable articles, which shall be moved within twenty-four (24) hours thereafter, said railroad company shall be liable to said shipper for the payment of one dollar per car for each day or fraction of a day that said car or cars are thus detained or held.
No other charge shall be made for demurrage on car service cars so defined by Rule 1 except as provided in the foregoing rules.
Private cars while in railroad service, whether on carrier's or private tracks, are subject to these demurrage rules to the same extent as cars of railroad ownership. Empty private cars are in railroad service from the time they are placed by carrier for loading or tendered for loading on the orders of a shipper. Private cars under lading are in railroad service until the lading is removed and cars are regularly released.
RULES AND REGULATIONS GOVERNING THE RAIL
ROADS IN THE PLACING OF EMPTY CARS.
1. All railroad companies in the State of South Carolina are subject to the rules hereunder promulgated.
2. For other than perishable freights the railroad company applied to by any shipper for a car or cars shall furnish same properly placed for being loaded to points within the State of South Carolina within four days from twelve o'clock M. next day after such application.
3. For perishable freight, such as vegetables, melons, fruits, berries, beans, or peas, or like freights, cars shall be placed within three days following application; unless the application states a particular later period: Provided, These rules do not apply to private cars.
4. The time allowed the roads for the placing of cars in these rules is designated as "free time.”
5. For each day or a fraction of a day's delay after the expiration of free time the road offending shall forfeit and pay to the shipper the sum of one dollar per car per day. Any shipper, consignee, or owner, to avail himself of the benefits of any forfeiture provided for in these rules must make his application in writing; and to facilitate the making of such application the several railroads of the State shall provide suitable blanks for that purpose to be kept at all agencies.
6. The railroad companies may, when the freights so to be transported are not in sight, or when there is reason to believe the application is not made in good faith, require applicant to deposit two dollars for each car. This money may be retained as a forfeit to the railroad company, in case the car is not loaded, to pay trackage; if the car is loaded, then the said two dollars shall be refunded to the shipper with the bill of lading.
7. The period of time during which the movement of trains is suspended on account of accident, or any cause not within the power of the roads to prevent, shall be added to the free time allowed herein and accounted as additional free time."
8. When any railroad company fails to deliver freights at the depot or to place loaded cars at an accessible place for unloading within forty-eight (48) hours (not including Sundays or legal holidays), computed from 12 o'clock M. the day after the arrival of the same, the shipper or consignee shall be paid one dollar per day said delivery is so delayed.
1. All freight received for delivery is subject to storage regulations.
2. All package freight not removed by owners from the custody of the railway company within seventy-two (72) hours after legal notice of the arrival thereof has been given to consignee, computed from 12 o'clock M. of the day following the date of such notice of arrival, shall thereafter be subject to a charge for storage, as set forth in Rule 4 of these Regulations.
3. Prompt notice shall be given to consignee of the arrival of freights, and the said notice must show date of its issue, and the time allowed for removal without charge for storage.
4. The maximum charges for the storage of freight by the railroads, when stored in the warehouses of the said railroads in this State, shall be as follows:
For 5 days and under, 1c per hundred pounds per day.
Each additional week and fraction thereof thereafter, 1c per hundred pounds. The minimum charge for any one shipment shall be five cents. Not more than one dollar per day shall be charged for any one consignment not in excess of a carload.
5. A consignee living four miles or over from the depot, and whose freight is destined to his residence or place of business so located, shall not be subject to storage charges allowed in the above rules until a sufficient time has elapsed after notice for said
consignee to remove said goods by the exercise of ordinary diligence.
6. Shipments detained because billed to order and awaiting bills of lading or instructions as to disposition, shipments held for want of billing instructions, shipments held for inspection, change of billing, or for any other purpose, by owner or his agent; are subject to storage charges, and if such freights are forwarded to any other point, accrued storage will be added to the billing as back charges.
The rates herein prescribed are maximum rates, but these regulations will not be held to be violated if lower rates are made by the roads, provided that all shippers at the same point are assessed similar rates without discrimination.
8. Legal holidays and Sundays shall not be taken into account in reckoning the seventy-two hours herein allowed for removal of freight without charges.
9. Due diligence on the part of the shipper or consignee to remove freight promptly shall be deemed by the railroads a sufficient ground upon which to remit storage charges accruing by reason of bad weather or impassable roads.
10. Freight and storage charges must be billed in separate items, though they may be billed in the same sheet.
STORAGE RATES, RULES AND REGULATIONS ON EX
PLOSIVES AND OTHER DANGEROUS ARTICLES.
No railroad company operating in the State of South Carolina shall accept for transportation, or transport, between points in this State, shipments of explosives, inflammable articles and acids, except in accordance with the terms prescribed by the rules and regulations of the Interstate Commerce Commission governing the transportation of such articles.
The free time allowed consignees within which to remove the more dangerous explosives (Section A) from the custody of the railroad company shall be 24 hours; the free time allowed consignees in which to remove the less dangerous and relatively safe explosive and other dangerous articles (Section B) shall be 48 hours; when such shipments are not removed from the custody of the railroad company within the free time here allowed, the following storage charge will apply:
Section 1.-On less than carload shipments of the more dan. gerous explosives, i. e., Low Explosives, Black Powder, High Explosives, Wet Fulminate of Mercury, Blasting Caps, Electric Blasting Caps, Ammunition for Cannon with Explosive Projectiles, Explosive Projectiles, Explosive Torpedoes and Detonating Fuzes, unloaded in or on railroad premises, twenty-five (25) cents per 100 pounds per day or fraction thereof, with a minimum charge of twenty-five (25) cents.
On carload shipments, $5 per day in addition to the regular demurrage charges.
Section B.-On less than carload shipments of the less dangerous and relatively safe explosives, i. e., Ammunition for Cannon with Empty Projectiles, Ammunition for Cannon with Sand Loaded Projectiles, Ammunition for Cannon with Solid Projectiles, Ammunition for Cannon without Projectiles, Smokeless Powder for Cannon, Smokeless Powder for small Arms, Common Fireworks, Special Fireworks, Small-Arms Ammunition, Cannon Primes, Small-Arms Primers, Empty Cartridge Bags, Black Powder Igniters, Empty Cartridge Shells, primed, Combination Primes, Percussion Fuzes, Pecussion Caps, Time, Tracer or Combination Fuzes, Safety Fuze, Cordeau Detonate and Safety Squibs, or less than carload shipments of Dangerous Articles other than Explosives, requiring Red, Yellow, Green or White I. C. C. labels, unloaded in or on railroad premises, ten (10) cents per 100 pounds per day or fraction thereof, with a minimum charge of ten (10) cents.
On carload shipments, $2 per day in addition to the regular demurrage charges.
1. Wheat or corn may be shipped from railway stations in South Carolina
2. To milling points located on the railroads in South Carolina and milled and the product reshipped to stations in South Carolina under the following rules, viz:
3. Shipments of wheat or corn to be milled in transit must be billed to the milling point at full tariff rates.
4. Original bills of lading and expense bills for wheat or corn (the product of which is to be reshipped) must be surrendered to the railroad's agent at milling point.