Title 13, Title 13 — Common Carriers

A contract of carriage is a contract for the conveyance of property, persons or messages from one place to another. R.L. 1910, § 783.

All agents or operators for any telegraph or telephone company doing business in this state are hereby prohibited from knowingly charging, collecting or receiving pay for any message sent or received by them in excess of the regular rate charged for the same. R.L. 1910, § 792.

In order to ascertain what the regular charges of such companies are, all railroad, express, telegraph, and telephone companies doing business in this state are hereby required to keep in all their offices in this state, a schedule of the regular rates charged by them, which shal…

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. R.L. 1910, § 835.

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…

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. R.L. 1910, § 837.

No freightage can be charged upon the natural increase of freight. R.L. 1910, § 838.

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. R.L. 1910, § 839.

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. R.L. 1910, § 840.

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 fu…

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. R.L. 1910, § 842.

Any person who shall violate the provisions of Sections 792 and 793 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00). R.L. 1910, § 794.

Any agent of any railroad, express, telegraph, or telephone company who shall fail or refuse to show the schedule of rates of said company to any person or persons interested therein, and allow him or them to examine the same, shall be deemed guilty of a misdemeanor, and upon con…

Unless the consignor accompanies the freight and retains exclusive control thereof, a common carrier of property is liable, from the time that he accepts until he relieves himself from liability as hereinafter provided, for the loss or injury thereof from any cause whatever, exce…

A common carrier is liable, even in the cases excepted by the preceding section, if his ordinary negligence exposes the property to the cause of the loss. R.L. 1910, § 816.

A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence. R.L. 1910, § 843.

or injury - Notice of nature of freight. A common carrier of gold, silver, platina, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state, or timepieces of any description, of negotiable paper or other valuable writings, of pictures, glass or chi…

The obligations of a common carrier cannot be limited by general notice on his part, but may be limited by special contract. R.L. 1910, § 796.

A common carrier cannot be exonerated by any agreement made in anticipation thereof, from liability for the gross negligence, fraud or willful wrong, of himself or his servants. R.L. 1910, § 797.

Whenever any coal is shipped over any common carrier from any point within the State of Oklahoma to any other point within the said State, the common carrier transporting such coal shall issue a bill of lading stating the true weight of the coal so transported. R.L. 1910, § 848.

deficiencies or shrinkage. When said coal arrives at its destination, the said carrier shall cause the same to be weighed at that point, provided it has scales at that point, and if not, then it shall cause said coal to be weighed at the nearest track scales on its line between t…

In case any coal shipped shall be carried over the lines of the connecting carriers, the carrier receiving said coal shall cause the correct weight thereof to be placed in the bill of lading, and such coal shall be reweighed when delivered to the connecting carrier, and the value…

carrier. In case the carrier shall fail or refuse to weigh said coal at its destination or at the nearest track scales to the point of destination between said point and the point of shipment, the consignee may weigh said coal, and his weights shall be prima facie evidence of the…

Any agent, servant or employee of any carrier who shall fail or refuse to weigh any coal at its point of destination, or shall knowingly or willfully make false weights of such coal, or in case there are no track scales at the point of destination, at the nearest track scales pas…

Whenever any coal shall be brought into this state by any carrier where the point of shipment is outside of the state, the same shall be weighed by the carrier at the nearest track scales within the state to the state line; and after being so weighed, as to its further carriage a…

In case any contention shall arise between the consignee and the carrier in regard to the shortage of coal on any car, the car shall be weighed first while loaded and then the empty car shall be weighed again and the actual gross and net weights shall be ascertained, and the sten…

A passenger, consignor or consignee by accepting a ticket, bill of lading or written contract for carriage, with a knowledge of its terms, assents to the rate of hire, the time, place and manner of delivery therein stated. But his assent to any other modification of the carrier's…

Sections 1 through 14 of this act shall be known and may be cited as the "Security of Communications Act". Added by Laws 1982, c. 343, § 1.

- Inspection - Violation. A. The contents of any wire, oral or electronic communication intercepted by any means authorized by the Security of Communications Act shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents shall be sec…

A. Within thirty (30) days after the expiration of an order, or each extension thereof, entered under Section 176.7 of this title, or the denial of an order approving an interception, the judge of competent jurisdiction shall file a sealed, written report with the Clerk of the Co…

evidence or disclosure at trial. The contents of any intercepted wire, oral or electronic communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding unless each party, not less than ten (10) days …

derived therefrom. A. Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority may move to suppress the contents of any intercepted wire, oral or electronic communication, or evidence derived …

In addition to any other right to appeal, the state shall have the right to appeal from either an order granting a motion to suppress made under Section 13 of the Security of Communications Act or the denial of an application for an order of authorization if the Attorney General …

As used in the Security of Communications Act: 1. "Aggrieved person" means a person who was a party to any intercepted wire, oral or electronic communication or a person against whom the interception was directed; 2. "Aural acquisition" means obtaining knowledge of a communicatio…

Except as otherwise specifically provided in this act, any person is guilty of a Class D1 felony offense and upon conviction shall be punished by a fine of not less than Five Thousand Dollars ($5,000.00), or by imprisonment as provided for in subsections B through F of Section 20…

It is not unlawful pursuant to the Security of Communications Act for: 1. an operator of a switchboard, or an officer, employee, or agent of any communication common carrier whose facilities are used in the transmission of a wire, oral or electronic communication to intercept, di…

Any electronic, mechanical or other device used, sent, carried, manufactured, assembled, possessed or sold in violation of the Security of Communications Act may be seized and forfeited to the state. Added by Laws 1982, c. 343, § 5.

prohibited. Whenever any wire, oral or electronic communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, departme…

The Attorney General, upon application by a district attorney, may make application to a judge of competent jurisdiction for, and such judge may grant in conformity with the Security of Communications Act, an order authorizing the interception of wire, oral or electronic communic…

A. Any law enforcement officer who, by any means authorized by the Security of Communications Act, has obtained knowledge of the contents of any wire, oral or electronic communication or evidence derived from such communication may disclose the contents to another law enforcement…

evidence - Ex parte order - Specifications of order - Time limitations - Reports - Emergency oral authorization. A. Each application for an order authorizing or approving the interception of a wire, oral or electronic communication shall be made in writing upon oath or affirmatio…

As used in Sections 177.1 through 177.5 of this title and Section 3 of this act: 1. "Court of competent jurisdiction" means a court of general criminal jurisdiction of this state, including the judges of the district court, associate district judges and special district judges, o…

device without court order - Exceptions - Penalty. A. Except as otherwise provided in this section, no person shall install or use a pen register or a trap and trace device without first obtaining a court order as provided by Section 4 of this act. B. The prohibition of subsectio…

An officer, attorney or agent of any law enforcement agency, a district attorney or assistant district attorney or the Attorney General or Assistant Attorney General may make application for an order or an extension of an order as provided in Section 4 of this act. Such applicati…

A. The court, in considering an application made pursuant to Section 177.3 of this title, shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device within the jurisdiction of the court if the court finds that the person making…

other person - Compensation - Liability - Defense. A. Upon the issuance of an order pursuant to the provisions of Section 4 of this act, a provider of wire or electronic communication service, landlord, custodian or other person shall furnish forthwith all information, facilities…

device - Period of monitoring - Service of warrant upon affected persons. A. Any magistrate may issue a search warrant authorizing the installation or use of a tracking device in any moveable item, container, vehicle or other vessel. Such warrant may authorize the use of that tra…

telecommunications carriers to provide call location information to law enforcement. A. This act shall be known and may be cited as the "Kelsey Smith Act". B. As used in this act, "law enforcement agency" means any department or agency of this state or a political subdivision of …

Carriers without reward are subject to the same rules as employees without reward, except so far as otherwise provided by this title. R.L. 1910, § 784.

No common carrier authorized to do business in this state, when requiring of an employee a bond or undertaking of any nature whatever, shall require such employee to have such bond or undertaking executed as surety by any particular person, company, corporation, association, or f…