2009 California Civil Code - Section 2136-2144 :: Article 4. Freightage

SECTION 2136-2144

2136.  A carrier may require his freightage to be paid upon his
receiving the freight; but if he does not demand it then, he cannot
until he is ready to deliver the freight to the consignee.

2137.  The consignor of freight is presumed to be liable for the
freightage, but if the contract between him and the carrier provides
that the consignee shall pay it, and the carrier allows the consignee
to take the freight, he cannot afterwards recover the freightage
from the consignor.

2138.  The consignee of freight is liable for the freightage, if he
accepts the freight with notice of the intention of the consignor
that he should pay it.

2139.  No freightage can be charged upon the natural increase of

2140.  If freightage is apportioned by a bill of lading or other
contract made between a consignor and carrier, the carrier is
entitled to payment, according to the apportionment, for so much as
he delivers.

2141.  If a part of the freight is accepted by a consignee, without
a specific objection that the rest is not delivered, the freightage
must be apportioned and paid as to that part, though not apportioned
in the original contract.

2142.  If a consignee voluntarily receives freight at a place short
of the one appointed for delivery, the carrier is entitled to a just
proportion of the freightage, according to distance. If the carrier,
being ready and willing, offers to complete the transit, he is
entitled to the full freightage. If he does not thus offer
completion, and the consignee receives the freight only from
necessity, the carrier is not entitled to any freightage.

2143.  If freight is carried further, or more expeditiously, than
was agreed upon by the parties, the carrier is not entitled to
additional compensation, and cannot refuse to deliver it, on the
demand of the consignee, at the place and time of its arrival.

2144.  A carrier has a lien for (a) freightage and for services
rendered at request of shipper or consignee in and about the
transportation of the property, (b) care and preservation of the
property, (c) money advanced at request of shipper or consignee to
discharge a prior lien, and (d), subject to the limitations specified
in Section 3051.6, any fines, penalties, costs, expenses, and
interest arising from the provision of false or erroneous
certifications of gross cargo weight as required by Section 508 of
Title 49 of the United States Code. The carrier's rights to this lien
are regulated by the title on liens.

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