When such freight in car loads or less is tendered to said station agent and correct shipping instructions given, it shall be the duty of said company immediately to receive the same for shipment and issue bills of lading therefor, and when such shipments have been so received they must be carried forward at the rate of not less than sixty (60) miles per day of twenty-four (24) hours, computing from seven o'clock a.m., of the day following receipt of the same, except that if in case of fires, wrecks, destruction of bridges or tracks, or washouts, such company shall not be able to transport said cars at the rate of sixty (60) miles per day then and in that event such company shall be released from such provision during the time that such unavoidable obstacles exist; and for failure to receive and transport such shipments within the time herein prescribed, said company shall forfeit and pay to the consignee the sum of One Dollar ($1.00) per car per day or fraction of a day on all car load freight and one cent (0.01) per hundred pounds per day, or fraction thereof on freight in less than car load lots, with minimum charge of five (0.05) cents for any one package, together with all actual damages the consignor or consignee may sustain thereby: Provided, that in computing the time of freight in transit, there shall be allowed twenty-four (24) hours at each point where transferring from one railroad to another is involved.
R.L. 1910, § 1415.
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