§ 62-208. Common carriers to settle promptly for cash-on-delivery shipments; penalty.
§ 62‑208. Commoncarriers to settle promptly for cash‑on‑delivery shipments;penalty.
Every common carrier which shall fail to make settlement with theconsignor of a cash‑on‑delivery shipment, either by payment of themoneys stipulated to be collected upon the delivery of the articles so shippedor by the return to such consignor of the article so shipped, within 20 daysafter demand made by the consignor and payment or tender of payment by him ofthe lawful charges for transportation, shall forfeit and pay to such consignora penalty of twenty‑five dollars ($25.00), where the value of theshipment is twenty‑five dollars ($25.00) or less; and, where the value ofthe shipment is over twenty‑five dollars ($25.00), a penalty equal to thevalue of the shipment; the penalty not to exceed fifty dollars ($50.00) in anycase: Provided, no penalty shall be collectible where the shipment, through noact of negligence of the common carrier is burned, stolen or otherwisedestroyed: Provided further, that the penalties here named shall be cumulativeand shall not be in derogation of any right the consignor may have under anyother provision of law to recover of the common carrier damages for the loss ofany cash‑on‑delivery shipment or for negligent delay in handlingthe same. Provided, however, that this section shall not apply to motorcarriers of passengers. (1909, c. 866; C.S., s. 3530; 1963, c. 1165, s. 1.)