FREE TIME

ALLOWED

(Con.)

COMPUTING
TIME.

DEMURRAGE

the bulletins must be posted by 9:00 a. m. of each day, showing the previous twentyfour (24) hours receipts, and the free time (twenty-four hours) is to be calculated from the first 7:00 a. m. thereafter. Where there is no agreement for bulletining of cars, the free time must be calculated from the first 7:00 a. m. after the day on which notice of arrival is sent or given to the consignee.

EXCEPTION.-At Chicago, Ill., and Kansas City, Kan.-Mo.: On all grain held in transit, subject to Federal or State inspection, and on seeds (field or grass), grain screenings or seed screenings, held in transit, subject to recognized Official inspection, free time for disposition will expire at 6:00 p. m. of the day that inspection is reported by the inspection authorities on or before 11:00 a. m. No additional free time will be allowed for reinspection or appeal. The bulletin form of notice may be used in lieu of written notice of arrival to the consignee.

EXCEPTION.-At St. Paul, Minnesota Transfer, Camden Place, Duluth, West Duluth, Minn., Superior, Superior East End, Central Ave. (Superior), Allouez or Itasca, Wis.: On all grain subject to Federal or State Grain Inspection received on or before 8:30 A. M., and upon which notice of arrival is given by 9:00 A. M., disposition shall be given not later than 4:00 P. M. the same day, provided inspection is reported to the office of the Federal or State Grain Inspector before 11:00 A. M. When a reinspection is called before disposition is given, one day additional free time will be allowed, provided Local Freight Agent is notified of the call on day of inspection and a change in grade is allowed by the Federal or State Inspector. If no change in grade is allowed demurrage will be assessed, provided disposition is not furnished before 5:00 P. M. of the day car is first inspected. On all cars loaded with grain and inspected (if for inspection) prior.. to 6:00 P. M., disposition must be given not later than 4:00 P. M. the following day, excepting that where reinspection or appeal is called, and the grade is changed by Federal or State Inspector or Appeal Board, one additional day of free time shall be allowed.

NOTE. When cars loaded out of elvators are handled in an average agreement, free time of forty-eight hours will be allowed, as provided in Rule 2, Section A, and computed in accordance with Rule 3, Section D.

4. Except as otherwise provided in Rule 2, Section A, when cars are held to complete loading, or to partly unload.

NOTE.-When a car held for unloading is partly unloaded and partly reloaded, 48 hours' free time will be allowed for the entire transaction.

5. On cars containing freight in bond for Customs entry and Government inspection.

SECTION C.-No free time will be allowed on cars received from switching line and held by this railroad for forwarding directions, except that cars received between 4:00 P. M. and 7:00 A. M. will not be subject to demurrage if forwarding directions are received prior to the following 12 noon. (See Rule 3, Section F.)

RULE 3.

NOTE.-In Computing time, Sundays and legal holidays (National, State, and Municipal), but not half-holidays, will be excluded, except as otherwise provided in Section A of Rule 9. When a legal holiday falls on Sunday the following Monday will be excluded.

SECTION A.-On cars held for loading, time will be computed from the first 7:00 a. m. after placement on public-delivery tracks and without notice of placement, but if not placed within 24 hours after 7:00 a. m. of the day for which ordered, time will be computed from 7:00 a. m. after the day on which notice of placement is sent or given to consignor. (See Rule 2, Section A, paragraph 1 and Rule 6-Cars for Loading.)

NOTE. Except as otherwise provided in Rule 2, Section C, and Rule 3, Section F, forwarding directions for a car loaded out-bound, sent by the consignor by U. S. mail to the Agent of this railroad at point of shipment, will release car at 7:00 A. M. of the date received, provided they are mailed prior to the date received, and provided further, that the car is ready for forwarding at such 7:00 A. M.

SECTION B.-1. On cars held for orders, surrender of bill of lading or payment of freight charges, whether such cars have been placed in position to unload or not, time will be computed from the first 7:00 a. m. after the day on which notice of arrival is sent or given to the consignee or party entitled to receive same. (See Rule 4Notification.)

NOTE.-The time between receipt of order and placement of car (not to include the time attributable to the act or neglect of consignor or consignee) will be deducted from the total detention to the car.

COMPUTING
TIME.
(Con.)

DEMURRAGE

2. Orders for disposition or reconsignment, when mailed, wired or otherwise transmitted by the reconsignor to agent of the carrier at point where cars are held, or to the agent of any carrier named in the bill of lading contract or participating in the transportation transaction, unless otherwise provided by tariff, will release cars at 7:00 a. m. of the date such orders are received by any such agent, provided they are sent or given prior to the date received.

Such orders mailed, wired or otherwise transmitted and received the same date, will release cars at the hour the orders are received by any such agent.

Date of mailing to be determined by the postmark.

NOTE. When order releasing a car is sent to the railroad by U. S. mail and the order is not received by the addressee, the car shall be considered released as of the date the order should have been delivered, provided proof is furnished by the claimant that the order was deposited in the U. S. mail properly stamped and addressed on the date claimed.

SECTION C.-1. On cars held for unloading, except as otherwise provided in Section B, Paragraph 1, of this Rule, time will be computed from the first 7:00 a. m., after placement on public-delivery tracks, and after the day on which notice of arrival is sent or given to consignee or party entitled to receive same. If car is not placed within 24 hours after notice of arrival has been sent or given, time will be computed from the first 7:00 a. m. after the day on which notice of placement has been sent or given to the consignee or party entitled to receive same. (See Rule 4, Sections A and D.)

NOTE. On cars subject to Rule 4, Section D, time will be computed from first 7:00 A. M. following removal by consignee of any part of contents of the car.

2. On cars subject to Rule 5, Section B, Paragraph 2, time will be computed from the first 7:00 a. m. after the day on which notice as required by Rule 5, Section B, Paragraph 1, is sent or given to the consignee or party entitled to receive same.

SECTION D.-On cars to be delivered on other-than-public-delivery tracks, time will be computed from the first 7:00 a. m. after actual or constructive placement on such tracks. Time computed from actual placement on cars placed at exactly 7:00 a. m. will begin at the same 7:00 a. m.; actual placement to be determined by the precise time the engine cuts loose. (See Rule 4, Section C, and Rules 5 and 6.)

NOTE 1.-"Actual Placement" is made when a car is placed in an accessible position for loading or unloading or at a point previously designated by the consignor or consignee. If such placing is prevented from any cause attributable to consignor or consignee and car is placed on the private or other-than-public-delivery track serving the consignor or consignee, it shall be considered constructively placed, without notice.

NOTE 2. Any railroad track or portion thereof assigned for individual use will be treated as "other-than-public-delivery track."

SECTION E.-On cars to be delivered on interchange tracks of industrial plants performing the switching service for themselves or other parties, time will be computed from the first 7:00 a. m. after actual or constructive placement on such interchange tracks until return to the same or another interchange track. Time computed from the actual placement on cars placed at exactly 7:00 a. m. will begin at the same 7:00 a. m.; actual placement to be determined by the precise time the engine cuts loose. (See Rule 4, Section C, and Rules 5 and 6.) Cars returned loaded will not be recorded released until necessary billing instructions are furnished.

NOTE.-Where two or more parties take delivery from the same interchange track, or where the railroad company uses the interchange track for other cars, or where the interchange track is not adjacent to the plant and the industry uses the railroad's tracks to reach same, a notice of placement shall be sent or given to the consignee and time will be computed from the first 7:00 a. m. thereafter.

SECTION F.-On cars received from switching line and held by this railroad for forwarding directions, time will be computed, without notice, from the first 7:00 A. M. after received. (See Rule 2, Section C.)

NOTIFICATION.

PLACING CARS
FOR

UNLOADING

DEMURRAGE

RULE 4.

SECTION A.-Notice of arrival shall be sent or given consignee or party entitled to receive same by this railroad's agent in writing or, in lieu thereof, as otherwise agreed to in writing by this railroad and consignee, within twenty-four (24) hours after arrival of car and billing at destination, such notice to contain car initials and number, point of shipment, contents and if transferred in transit, the initial and number of original car. When address of consignee does not appear on billing, and is not known, the notice of arrival must be deposited in United States mail enclosed in a stamped envelope bearing return address, same to be preserved on file if returned. An impression copy shall be retained, and when notice is sent or given on a postal card the impression shall be of both sides. (See Rule 3, Sections B and C.) In case a car subject to Rule 3, Section C, paragraph 1, is not placed on public-delivery track within twenty-four (24) hours after notice of arrival has been sent or given, notice of placement shall be sent or given to consignee.

NOTE. When owner requests that original point of shipment be omitted on reconsigned cars, this information shall not be shown on notice of arrival at destination.

SECTION B.-When cars are ordered stopped in transit notice shall be sent or given the party ordering the cars stopped upon arrival of cars at point of stoppage. SECTION C.-Delivery of cars upon other-than-public-delivery tracks or upon industrial interchange tracks, or written notice sent or given to consignee or party entitled to receive same, of readiness to so deliver, will constitute notification to consignee. (See Rule 8, Section D, Paragraph 1 (b).)

SECTION D.-In all cases where any part of the contents of a car has been removed by the consignee prior to the sending or giving of required notice, such removal shall be considered as notice of arrival.

SECTION E.-1. When carload freight is refused at destination, notice of such refusal shall, within 24 hours thereafter, be sent by wire to consignor, when known, at his expense, or when not known, to agent at point of shipment, who shall be required promptly to notify the shipper if known.

2. (a) When unclaimed perishable carload freight has not been disposed of within two (2) days from the first 7:00 a. m. after the day on which notice of arrival has been sent or given to consignee, notice to that effect shall be sent by wire as provided in Paragraph 1 of this Section.

(b) When other carload freight is unclaimed within five (5) days from the first 7:00 a. m. after the day on which notice of arrival has been sent or given to the consignee, a notice to that effect shall be sent by wire as provided in Paragraph 1 of this section. (See Rule 8, Section D, Paragraph 4.)

RULE 5.

NOTE. Under this rule the time of movement between hold point and destination, and any other time for which the railroad is responsible will not be computed against the consignee.

SECTION A.-1. When delivery of a car consigned or ordered to an industrial interchange track or to other-than-a-public-delivery track cannot be made on account of the inability of the consignee to receive it, or because of any other condition attributable to the consignee, such car will be held at destination or, if it cannot reasonably be accommodated there, at the nearest available hold point, and written notice that the car is held and that this railroad is unable to deliver will be sent or given to the consignee. This will be considered constructive placement. (See Rule 3, Sections D and E.)

DEMURRAGE

PLACING CARS

FOR

UNLOADING.

(Con.)

2. On a car to be delivered to a switching line for final delivery and which consignee located on switching line is unable to receive and which for that reason the switching line is unable to receive from this railroad, notice will be sent or given the switching line showing point of shipment, car initials and numbers, contents and consignee and if transferred in transit the initials and number of the original car.

3. When this railroad is the switching line and, under conditions set forth in Paragraph 1, is unable to receive cars from a connecting line at destination for delivery within switching limits, upon receipt of notice from connecting line it will notify the consignee and put such cars under constructive placement. (See Rule 4, Section C.)

SECTION B.-1. When delivery cannot be made on specially designated publicdelivery tracks, on account of such tracks being fully occupied, or from other causes beyond the control of this railroad, notice shall be sent or given the consignee in writing or, in lieu thereof, as otherwise agreed to in writing, that delivery will be made at the nearest available point to the consignee, naming the point. Such delivery shall be made unless the consignee shall before delivery indicate a preferred available point, in which case the preferred delivery will be made.

2. In the event consignee or party entitled to receive shipment serves notice upon this railroad of refusal to accept delivery at the point named in notice sent or given in accordance with Paragraph 1, the car will be held awaiting opportunity to deliver on the specially designated track subject to Rule 3, Section C, Paragraph 2.

CARS FOR
LOADING.

RULE 6.

SECTION A.-Cars for loading will be considered placed when such cars are actually placed or held on orders of the consignor. In the latter case the agent must send or give the consignor written notice of all cars which he has been unable to place because of condition of the other-than-public-delivery track or because of other conditions attributable to the consignor. This will be considered constructive placement. (See Rule 3, Sections A, D and E.)

SECTION B.-When empty cars placed on orders are not used in transportation service, demurrage will be charged from actual or constructive placement until released, with no free time allowance.

SECTION C.-Private cars which have been loaded on the tracks of their owners, received from such tracks and held by this railroad for forwarding directions, are subject to demurrage charges from the first 7:00 A. M. after they are received until proper forwarding directions are furnished, with no free time allowance and without notice.

SECTION D.-If an empty car is appropriated without being ordered, it shall be considered as having been ordered and actually placed at the time so appropriated. If not loaded outbound, such car is subject to Section B of this Rule.

DEMURRAGE

DEMURRAGE
CHARGES.

RULE 7.

SECTION A.-On cars not subject to Rule 9 (Average Agreement): After the expiration of free time allowed, the following charges per car per day, or fraction of a day, will be made until car is released (See Notes 1 and 2):

For each of the first four days, $2.

For each succeeding day, $5.

SECTION B.-The charges on cars subject to average agreement are set forth in Rule 9. (See Notes 1 and 2.)

NOTE 1.-When through no fault of the consignor or consignee, the lading of a car is transferred by a carrier into two or more cars or when two small cars are furnished by a carrier in lieu of one large car ordered by the shipper, demurrage will be charged as for one car only, as long as any of such cars are detained beyond the free time.

NOTE 2.-When a car contains two or more minimum carload shipments consigned to more than one consignee at the same station, demurrage will be charged the same as if the shipments had been received in separate cars and each consignee will be allowed a total free time of 48 hours (2 days) for unloading, free of interference by the other consignee or consignees.

(See also Uniform Storage Tariff No. 1-E, I. C. C. No. 1491, B. T. Jones, Agent, supplements thereto and reissues thereof, for additional charges on cars loaded with explosives and other dangerous articles.)

CLAIMS.

RULE 8.

No demurrage charges shall be collected under these rules for detention of cars through causes named below, except as provided in Section B, paragraph 2 of this rule. Demurrage charges assessed or collected under such conditions shall be promptly cancelled or refunded by this railroad.

CAUSES.

SECTION A.-Weather Interference.

NOTE.-A consignor or consignee shall not be absolved from demurrage under Section A of this Rule if, considering the character of the freight, others similarly situated and under the same conditions reasonably could and did load or unload cars during the same period of time.

1. When the condition of the weather during any part of the prescribed free time (or the adjusted free time provided for in Section B of this Rule) is such as to make it impossible for men or teams to work at loading or unloading, or impossible to place freight in cars, or move it from cars without serious injury to the freight, or when, because of high water or snow drifts (see note) it is impossible, during the prescribed free time, to get to the cars for loading or unloading, the free time will be extended until a total of forty-eight (48) hours (or twenty-four [24] hours on cars subject to Rule 2, Section B, Paragraph 4) free from such interference shall have been allowed. No additional time will be allowed unless claim, stating fully the conditions which prevented loading or unloading within the free time, is presented in writing to this railroad's agent within thirty (30) days after the date on which demurrage bill is rendered.

NOTE. The extension of free time on account of high water or snow drifts shall apply to otherthan-public-delivery tracks only where there is disability of this railroad.

2. When, at time of actual placement, lading is frozen so as to require heating, thawing or loosening to unload, the free time allowed shall be extended forty-eight (48) hours, making a total of ninety-six (96) hours free time, provided the consignee shall, within forty-eight (48) hours after actual placement, serve upon the railroad's agent a written statement that the lading was in such frozen condition at time of actual placement. (See Exception.)

EXCEPTION.-Paragraph 2 above will not apply on Intrastate traffic in Florida, Georgia, or Oklahoma nor on Ore Concentrates or Coal moving intrastate in Montana. Paragraph 2 shown below will apply.