Page images
PDF
EPUB

Del credere.

PART III. reasonable credit, where it is usual, to a per-
Tit. III.
CAP. II. son of good credit, he is discharged, and will

be entitled to his commission, notwithstand-
ing any subsequent insolvency of the pur-
chaser ; provided he informs his principal of
the transaction within a reasonable and usual
time. (Sm. Merc. Law, 126; Paley, 26-7.)

Sometimes, however, the factor sells under a commission called del credere, from an Italian mercantile phrase signifying guarantee, by which the factor, for an additional premium, warrants the solvency of the pur

chaser. (Sm. Merc. Law, 126; 2 Ste. Com.76.) Duty of a It is the duty of a solicitor to keep his solicitor.

client's secrets, and not to disclose the contents of any of his title-deeds; and to warn his client not to enter into covenants and stipulations where they are attended with unusual liability. (Add. Torts, 251-2; Pulling, 148.)

Where any doubt or question arises as to the interpretation and legal operation of assurances, a solicitor may take the opinion of counsel upon them, for his protection. If, instead of doing this, he relies upon his own judgment respecting them, and makes mistakes, he will be answerable in damages. (Add. Torts, 253-4; Pulling, 423.)

CHAPTER III.

CARRIERS, PASSENGERS, AND OWNERS OF LUG

GAGE ; INNKEEPERS AND GUESTS ; LODGING-
HOUSE KEEPERS AND LODGERS.

a common

This subject might have been treated of Part III.

TIT. III. under the preceding Title; but, on the whole, CAP. III. it seemed more proper or natural to consider it in this place.

A common carrier is one who plies be- Definition of tween certain termini, whether by land or by carrier. water, and undertakes, for a pecuniary remuneration, to transport the goods of such as choose to employ him. Of this description are the proprietors of stage-wagons, coaches carrying goods, barge-owners, possessors of ships engaged generally in the conveyance of goods for hire, and canal and railway companies, unless the Act constituting them limits their liability. (Sm. Merc. Law, 287; Chit. & Tem. on Car. 14-18; Selw. N. P. 441.)

Every common carrier is under a legal Duty of obligation to carry all things belonging to

carriers.

Part III. the description of things which he publicly
Tit. III.
CAP. III. professes to carry, and he is bound to do so

for anyone who is ready to pay him in
advance, if desired) his customary hire; pro-
vided he has room for the things in his cart
or carriage, to convey them in safety. But
he may, if he pleases, carry, under a special
contract limiting his liability, anything
which he does not usually profess to carry.
The hire must be at a reasonable and uni-
form rate. (Add. Torts, 304; Broom m.
793; 2 Ste. Com. 83-4; Chit. & Tem. on
Car. 23-5, 60, 77-80; 1 Selw. N. P. 441.)

Every common carrier of passengers with luggage is bound to carry for them as luggage such things as are usually taken by persons travelling. But he is not bound to carry articles of another kind, such as merchandise, unless he professes to carry them, or unless the traveller tenders or is ready to pay the customary hire for them. And a carrier has a right to limit the weight and bulk of that which he professes to carry. (Add. Torts, 304; 1 Selw. N. P. 441; Chit. & Tem. on Car. 282-3, 286.)

It is the duty of a common carrier to take proper care of the goods he carries, and to make a safe delivery of them to the consignee

a

Tit. III.

a

riers of

or some person expressly or impliedly autho- PART III. rised by him to receive them; and to make

1;

CAP. III. such delivery at the time agreed, or, in the absence of any stipulation in that respect, within a reasonable time. (Sm. Merc. Law, 288; Add. Torts, 319; 1 Selw. N. P. 441; Chit. & Tem. on Car. 34, 86, 89, 91, 291.) At common law a carrier is in the nature Responsi

bility of carof an insurer. And the law, independently

goods. of any contract, renders every common carrier responsible for loss by any events but acts of God and enemies of the Queen, even by robbery. By the term “act of God,' is meant something independent of the act of man; such as storms, gusts of wind, lightning, inundations, sudden death or illness, and inevitable accidents not resulting from human agency. If the danger or the accident has been occasioned otherwise than by the act of God or of the Queen's enemies, the carrier is responsible for the non-delivery of the goods, although the danger or accident may have been unavoidable, and there may have been no negligence on his part. (Add. Torts, 306-7; Broom Com. 791-2; Chit. & Tem. on Car. 34-44, 154 ; 2 Ste. Com. 83; Selw. N. P. 442, 444.)

A common carrier of passengers only, who

Part III. receives occasionally and gratuitously, and at
Tit. III.
Cap. III. his own option, some article of luggage for

the accommodation of a passenger, is only
answerable as a gratuitous bailee of such
articles, and not as a common carrier of
goods. This is the case with an omnibus
proprietor. (Add. Torts, 308.)

If things are intrusted to a common carrier, which, from their intrinsic value or their destructible nature, require peculiar care, but the carrier is not apprised of that fact, he is bound only to take that ordinary care of the things which their general appearance seemed to require. (Add. Torts, 309; Chit. & Tem. 10, 49, 50.)

In consequence of the Carriers Act, 11 Geo. IV., & 1 Will. IV. c. 68, no common carrier by land is liable for loss or injury to gold or silver, plated articles, precious stones, jewellery, watches, clocks, trinkets, bills, notes or securities, stamps, maps, writings, pictures, glass, china, silks (which do not include silk dresses made up for wearing), furs, or lace, when the value exceeds 101.; unless the value is declared at the time of delivery to the carrier, and the increased charge for care, notified in the office of such carrier, or an engagement to pay it, shall

« EelmineJätka »