are sued for a penalty created by the local act of 10 G. 4, c. lxxiii. I am clearly of opinion that this plea is an answer to that action. I cannot understand how, as a corporation, they can be liable to penalties under the local act. MELLOR, J.-I must confess that I also entertained some doubt: but I am satisfied by the reasoning of my Brothers Bramwell and Channell. I am satisfied that the penalty to which these defendants are liable is not given to the common informer. As regards other persons, the local act may still have force. But, as to these defendants, the true effect of the special act and the Gasworks Clauses Act, is, to enable them to erect gasworks and to do all things necessary for supplying the town and neighbourhood with gas, subject to certain conditions, one of which is, that, if they foul any stream, &c., they shall be subject to the penalties provided by the general act. I do not feel called upon to offer any opinion as to whether or not those penalties are the only reparation for the fouling which the party injured is entitled to sue for. PIGOTT, B.-I am of the same opinion. If the persons mentioned in the 10 G. 4, c. lxxiii., s. 27, do the acts enumerated in that section, they may still be liable to the penalties imposed by that statute, if they have not statutory powers. But the present defendants *580] *are an incorporated company having statutory powers to do what they have done, subject to certain penalties if any injury is thereby caused to any individual: they are to erect gasworks, &c., subject to the provisions in the special act and in the Gasworks Clauses Act contained. The penalties in ss. 21 and 23 are, with reference to persons acting under those acts, given in substitution of the penalties contained in the local act. Judgment affirmed. CASES ARGUED AND DETERMINED IN THE COURT OF COMMON PLEAS IN Bilary Cerm, IN THE TWENTY-SEVENTH YEAR OF THE REIGN OF VICTORIA. 1864. The Judges who usually sat in banco in this Term, were, ERLE, C. J., WILLES, J., MEMORANDA. THE Hon. Mr. Justice Wightman, one of the Judges of the Court of Queen's Bench, died at York, on the 10th of December, 1863, after a few hours' illness, in his 80th year. He was appointed a Judge of that Court in Hilary Vacation, 1841. William Shee, Esq., Q. S., who was appointed a Judge of the Court of Queen's Bench in the room of the late Mr. Justice Wightman, took the oaths in Court on the 2d day of this Term. The learned Judge shortly afterwards received the honour of knighthood. On the 13th of January, 1854, Mr. Serjt. Ballantine received a Patent of Precedence, to take rank next after Powell, Q. C. *582] *ALDRIDGE v. THE GREAT WESTERN RAILWAY COMPANY. Jan. 20. Any condition limiting the liability of a railway company as carriers must be a condition just and reasonable in the judgment of the court, and must be set out in a written (or printed) contract signed by or on behalf of the consignor of the goods. Certain packages called "empties" were delivered to a railway company to be carried to a place beyond their line, the person by whom they were delivered signing on the consignor's behalf a printed note containing the following among other conditions: "1. The company will not be answerable for the loss or detention of, or damage to, wrappers or packages of any description charged by the company as 'empties.' "2. Nor in respect of goods destined for places beyond the limits of the company's railway; and, as respects the company, their responsibility will cease when such goods shall have been delivered over to another carrier in the usual course for further conveyance. Any money which may be received by the company as payment for the conveyance of goods beyond their own limits will be so received only for the convenience of the consignors, and for the purpose of being paid to the other carrier. "3. The company will not be liable for any loss of or injury to articles, except on proof that such loss or injury was occasioned by the neglect or default of the company or its servants." The goods were carried duly to Gloucester, where the defendants' line ended, and were there handed over to the Midland Railway Company in further prosecution of the transit, after which the detention and damage of which the plaintiff complained took place : Held, that the second of the above conditions discharged the defendants from liability in respect of the damage and detention complained of. Held, also, that a signature of the special contract by a "railway agent" employed by the consignor to deliver and by the company to receive the goods for them, is a sufficient signature to satisfy the 7th section of the Railway Traffic Act, 1854. Semble, that the company were not to be considered as mere gratuitous bailees because the "empties" are carried free of charge,-the contract for payment for the same packages when forwarded full, including a contract or engagement on their part to make no additional charge for returning them when empty, THIS was an action against the Great Western Railway Company, as carriers, for the loss of certain tubs, packages, and baskets of the plaintiff which had been delivered to them to be carried "for reward," as the declaration alleged, for the plaintiff, from Hereford to Tiverton, but which were lost through the defendants' negligence. The defendants pleaded-first, not guilty, secondly, that the goods were not delivered to them to be carried on the terms in the declaration mentioned,-thirdly, as to the loss and detention, a special contract in writing under the Railway and Canal Traffic Act, 1854, 17 & 18 Vict. c. 31, signed by the person delivering the goods, and containing a just and reasonable condition, viz. that the defendants should not be liable for any loss or detention of or damage to goods *583] *destined for any place beyond the limits of the defendants' railway, after they should have been delivered by the defendants to another railway; that the goods in question were destined for a place beyond the limits of the defendants' railway; and that the loss and detention occurred after they had been delivered over to another carrier. Upon these pleas the plaintiff joined issue. The cause was tried before Byles, J., at the sittings in London after last Trinity Term. The facts which appeared in evidence were as follows: The plaintiff is a fruit-dealer at Tiverton, and had sent the tubs and baskets in question full of fruit from that place to Hereford by railway. When the contents were disposed of, the tubs and baskets were collected by certain persons named R. T. Smith & Co., and by them brought to the Great Western railway station at Hereford, directed to the plaintiff at Tiverton. Nothing was paid or agreed to be paid for the carriage of them,-it being the practice of railway companies to carry "empties" (packages which have passed over their lines full, and are on their way back to be used again) free of charge. On delivering the packages to the company at Hereford, Messrs. Smith & Co. signed a printed note containing the following "conditions:" "1. The company will not be answerable for the loss or detention of, or for damages to, any goods, arising from fire, civil commotion, tempest, or act of God; nor for the loss or detention of, or damage to, wrappers or packages of any description charged by the company as empties; nor for any loss or detention of, or damage to, any package arising from its being insufficiently or improperly packed, marked," directed, or described, or from its containing a variety of articles liable by breaking to damage each other; nor for leakage arising from bad casks or cooperage, or from fermentation; and no [*584 claim for deficiency, damage, or detention will be allowed unless made within three days after the delivery of the goods, nor for loss, unless made within seven days of the time that they should have been delivered. "2. If goods (other than perishable goods, which will be dealt with under the next condition) are refused to be received by the consignee, they will be carried back and redelivered to the consignor, who will be required to pay the charge for such back-carriage and redelivery, in addition to the charge for carriage, if not paid. "3. All goods, from whomsoever received, or to whomsoever belonging, shall be subject to a general lien of the company for any moneys that may be due to the company at the time by the owners or by the persons who shall have delivered the same to the company: and if, after fourteen days' notice shall have been given to the consignors that such goods are detained for any claim of the company, the money due be not paid, the goods will, at the discretion of the company, be sold to defray the company's claims, and all expenses incurred thereon. Meat, fish, fruit, and all other perishable articles refused by the consignees, or neglected to be taken away on arrival of the trains, will, at the discretion of the company, be immediately disposed of. "4. The delivery of goods will be considered to be complete, and the responsibilities of the company to terminate, when the goods shall be unloaded and placed in the care of the consignee, his agent or servant. The company will not be liable in respect of the removal of goods into or out of the consignor's or consignee's wagon, ship, craft, wharf, or premises, which removal will be at his risk and expense: nor will the company be liable in respect of goods left on *their premises until called for, or to order, or left or warehoused for the convenience of the consignor consignee. [*585 "5. The company do not pledge themselves to the time of starting "or arrival of the trains, nor will they be liable for loss of market arising from delay, over-carriage, or detention of any train, whether in starting, or at any of the stations, or in the course of the journey. The company do not undertake to send goods by any particular train, if they cannot be conveniently sent by that train, notwithstanding the goods may have been received at the station. "6. The company will not be liable in respect of goods destined for places beyond the limits of the company's railway; and, as respects the company, their responsibility will cease when such goods shall have been delivered over to another carrier, in the usual course, for further conveyance. The company undertakes, if practicable, to deliver such goods to another carrier, to be carried by such other carrier on the same terms and conditions as are herein contained, or, at the company's discretion, to suffer them to remain on their premises pending communication, at the owner's risk. Any money which may be received by the company as payment for the conveyance of goods beyond their own limits will be so received only for the convenience of the consignor, and for the purpose of being paid to the other carrier. "7. All goods left until called for, or to order, or suffered to remain upon the company's premises, or, at the option of the company, left in the company's wagon, will so remain at the risk of the owners, and after twenty-four hours from their arrival will be subject to the usual charges of the company, if warehoused, or to the usual charge for demurrage, if left in wagons. "8. The company will not be answerable for the loss or *586] detention of any goods which may be untruly or incorrectly declared or described in the declaration or receiving-note furnished to the company. All parcels of goods and packages the contents of which are not specifically declared by the senders, will be charged in the highest class, and, if not exceeding 500 lbs. in weight, will be considered as each containing different kinds of articles, and will accordingly be charged for separately as 'smalls.' "9. The company will not be liable for loss of or injury to any articles, goods, or things in or about the receiving, forwarding, or delivering thereof, or for any consequential damage connected with the carriage, except on proof that such loss, injury, or damage was occasioned by the neglect or default of the company or its servants. "10. All goods left with the company, and not taken away after fourteen days' notice to the consignor or consignee, and all empties not taken away within fourteen days after arrival, will be sold, and the proceeds, after defraying expenses and any claim of the company, will be handed over to the owner upon application. "N. B. The above conditions are those upon which alone the company will carry goods wherever or howsoever received, and do not affect the company's rights as carriers under the Carriers Act, 1 W. 4, c. 68, as to the goods therein enumerated or referred to. "N. B. The conditions cannot be altered or dispensed with by any person whomsoever, and are applicable for the whole distance carried over the Great Western, the Bristol and Exeter, the South Devon, the South Wales railways, and any other railway or conveyance in connection therewith, or with either of them." The Great Western Railway joins the Midland *Railway at *587] Gloucester; and it was proved that the packages in question were delivered safely at Gloucester by the defendants' servants to the Midland Railway Company, to be carried by them to Bristol, and there delivered to the Bristol and Exeter Railway Company to be by them carried to their destination, Tiverton Junction. They were de |