THE LAW OF RAILWAY COMPANIES. THE CARRIERS ACT. 1 WILL. IV. c. 68. An Act for the more effectual Protection of Mail Contractors, Stage Coach Proprietors, and other Common Carriers for Hire, against the Loss of or Injury to Parcels or Packages delivered to them for Conveyance or Custody, the Value and Contents of which shall not be declared to them by the Owners thereof. [23rd July, 1830.] c. 68, s. 1. WHEREAS by reason of the frequent practice of bankers and others 1 Will. IV. of sending by the public mails, stage coaches, waggons, vans, and other public conveyances by land for hire, parcels and packages containing money, bills, notes, jewellery, and other articles of great value in small compass, much valuable property is rendered liable to depredation, and the responsibility of mail contractors, stage coach proprietors, and common carriers for hire is greatly increased: And whereas through the frequent omission by persons sending such parcels and packages to notify the value and nature of the contents thereof, so as to enable such mail contractors, stage coach proprietors, and other common carriers, by due diligence, to protect themselves against losses arising from their legal responsibility, and the difficulty of fixing parties with knowledge of notices published by such mail contractors, stage coach proprietors, and other common carriers, with the intent to limit such responsibility, they have become exposed to great and unavoidable risks, and have thereby sustained heavy losses: Be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this Act no mail contractor, Mail contracstage coach proprietor, or other common carrier by land for hire tors, coach shall be liable for the loss of or injury to any article or articles or and carriers proprietors, property of the descriptions following; (that is to say,) gold or not to be T. B c. 68, s. 1. liable for loss of certain goods above the value of 107. unless delivered as such, and in accepted. [By the CarAmendment Act, 1865, 28 riers Act 1 Will. IV. silver coin of this realm or of any foreign state, or any gold or silver in a manufactured or unmanufactured state, or any precious stones, jewellery, watches, clocks, or time-pieces of any description, trinkets, bills, notes of the governor and company of the Banks of England, Scotland, and Ireland respectively, or of any other bank in Great Britian or Ireland, orders, notes, or securities for payment of money, English or foreign, stamps, maps, writings, title creased charge deeds, paintings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials, furs, or lace, or any of them, contained in any parcel or package which shall have been delivered, either to be carried for hire or to accompany the person of any passenger in any mail or stage coach or other public conveyance, when the value of such article or articles or property aforesaid contained in such parcel or package shall exceed the sum of ten pounds unless at the time of the delivery thereof at the office, warehouse, or receiving house of such mail contractor, stage coach proprietor, or other common carrier, or to his, her, or their book-keeper, coachman, or other servant, for the purpose of being carried or of accompanying the person of any passenger as aforesaid, the value and nature of such article or articles or property shall have been declared by the person or persons sending or delivering the same, and such increased charge as hereinafter mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package. & 29 Vict. not to include machinemade lace.] Effect of marThe marginal notes are not to be looked at for the purpose of construing the ginal notes on sections to which they are attached (Clayton v. Green, L. R. 3 C. P. 511; A.-G. v. construction. G. E. Ry. Co., 11 Ch. D. 449, pp. 460, 461, 465; Sutton v. Sutton, 22 Ch. D. 511, disapproving the suggestion thrown out in In re Venour's Settled Estates, 2 Ch. D. 522). Carriers entitled to notice, but need not give notice of increased charges. Inn may be receivinghouse. Formal notice of nature of goods not necessary. Act applies to land journey only. Gross negligence. Damage by goods being carried too far or not far enough. The liability of carriers of goods at common law will be found treated under the 89th section of the Railway Clauses Consolidation Act, 1845. The carrier is entitled to notice of the value of goods within this section, whether they are delivered to him at his receiving office or elsewhere. He is not bound to give the notice under section 2 in order to avail himself of the benefit of the Act, the notice under that section being merely a notice of what the extra charge is to be (Hart v. Baxendale, 7 Ex. 769). An inn at which the carrier is in the habit of receiving parcels, has been held to be an office, warehouse, or receiving house within this section (Syms v. Chaplin, 5 A. & E. 634; 1 Nev. & P. 129; Stephens v. L. & S. W. Ry. Co., 18 Q. B. D. 121). A formal notice of the nature of the goods is not necessary, if it is in fact brought to the notice of the company what the goods are, and their value is sufficiently stated to enable the carrier to fix the additional charge he is entitled to make (Bradbury v. Sutton, 19 W. R. 800; 21 W. R. 128). Where the carrier contracts to carry partly by land and partly by water, the contract is divisible, and the protection of this section applies to the land journey (Le Conteur v. L. & S. W. Ry. Co., L. R. 1 Q. B. 54; 35 L. J. Q. B. 40; 6 B. & S. 961; Millen v. Brasch, 8 Q. B. D. 35; 10 Q. B. D. 142). The carrier is protected by this section even if there is gross negligence (Hinton v. Dibdin, 2 Q. B. 646). The protection of this section extends to cases where the goods are put out at a station short of their destination or carried beyond it, or sent on a wrong journey altogether (Morritt v. N. E. Ry. Co., 1Q. B. D. 302; Millen v. Brasch, supra). And it seems the section would also extend to cases of delivery to the wrong person by mistake. But it would not extend to a case where the goods are delivered to a person who is known not to be the consignee (Morritt v. N. E. Ry. Co., 1 Q. B. D. 302, p. 308, per Blackburn, J.). The protection of the section extends as well to a temporary as to a permanent loss, and damages cannot be recovered for the consequences of the loss in either case (Wallace v. Dublin & Belfast Ry. Co., I. R. 8 C. L. 341; Millen v. Brasch, 10 Q. B. D. 142). 1 Will. IV. c. 68, s. 2. Temporary The section does not protect against delay in delivery where there is no loss of loss. the goods (Hearn v. L. & S. W. Ry. Co., 10 Ex. 793; 24 L. J. Ex. 180. See Delay where Pianciani v. L. & S. W. Ry. Co., 18 C. B. 226). If the value and nature of the articles is declared, the common law liability of the carrier revives, whether he demands an increased charge or not (Behrens v. G. N. Ry. Co., 6 H & N. 366; 7 ib. 950; 30 L. J. Ex 153; 31 ib. 299). open at no loss. A waggon containing articles of the kind mentioned in this section, but the top so that the company can see what the articles are, is "a parcel or package' ""Parcel or within the section (haite v. Lancashire & Yorkshire Ry. Co., L. R. 9 Ex. 67; package." 43 L. J. Ex. 47; 22 W. R. 374; 30 L. T. N. S. 272). The words in the preamble, "articles of great value in a small compass," do not Small articles. limit the meaning of the words used in this section to articles of small size (Owen v. Burnett, 2 C. & M. 353; 4 Tyr. 133). It is a question of fact for the jury whether the goods in question are within the description of the articles mentioned in this section (Brunt v. Midland Ry. Co., 2 H. & C. 889; 33 L. J. Ex. 187; Woodward v. L. & N. W. Ry. Co., 3 Ex. D. 121). The following articles have been held to be within the words used in the Articles section: ivory black and agate bracelets, shirt pins, common gilt rings, brooches, within the tortoiseshell purses, glass smelling bottles (Bernstein v. Baxendale, 6 C. B. N. S. section. 251; 28 L. J. C. P. 265); ivory fans (4.-G. v. Harley, 5 Russ. 173); a chronometer (Le Conteur v. L & S. W. Ry. Co., L. R. 1 Q. B. 54; 35 L. J. Q. B. 40); maps with their cases (Wyld v. Pickford, 8 M. & W. 443); pictures with their frames (Henderson v. L. & N. W. Ry. Co., L. R. 5 Ex. 90; 39 L. J. Ex. 55); prints and coloured prints (Boys v. Pink, 8 C. & P. 361); a looking-glass (Owen v. Burnett, 2 C. & M. 353; 4 Tyr. 133); silk dresses (Flower v. S. E. Ry. Co., 16 L. T. N. S. 329); silk tights and hose (Hart v. Baxendale, 6 Ex. 769; 20 L. J. Ex. 338); silk watch guards (Bernstein v. Baxendale, 6 C. B. N. S. 251; 28 L. J. C. P. 265); elastic silk webbing (Brunt v. Midland Ry. Co., 2 H. & C. 889; 33 L. J. Ex. 187); and possibly the packing case, if it contained only articles within the section (Treadwrin v. G. E. Ry. Co., L. R. 3 C. P. 30S). On the other hand, the following articles have been held not within the section: German silver fuzee boxes (Bernstein v. Baxendale, 6 C. B. N. S. 251; 28 L. J. C. P. 265); a document in the form of a bill of exchange accepted by the person to whom it was directed, but having no drawer, and found by the jury to be of no value when delivered to the carriers (Stoessiger v. S. E. Ry. Co., 3 E. & B. 549; 23 L. J. Q. B. 293); painted carpet designs (Woodward v. L. & N. W. Ry. Co., 3 Ex. D. 121; 47 L. J. Ex. 263); the frame of a silk vestment not usually framed (Treadwin v. G. E. Ry. Co., L. R. 3 C. P. 308; 37 L. J. C. P. 83); hat bodies made partly of fur, partly of wool (Mayhew v. Nelson, 6 C. & P. 58); a packing case containing some articles not within the section (Treadwin v. G. E. Ry. Co., L. R. 3 C. P. 308; 37 L. J. C. P. 83). Articles not within the section. For the purposes of this section the value of the goods is the price the consignee Value. has agreed to pay, and not the price at which the consignor bought them (Blankensee v. L. & N. W. Ry. Co., 45 L. T. 761). be so de of charge may be demanded. Notice of the same to be 2. And it be further enacted, that when any parcel or package When any containing any of the articles above specified shall be so delivered, parcel shall and its value and contents declared as aforesaid, and such value livered an shall exceed the sum of ten pounds, it shall be lawful for such increased rate mail contractors, stage coach proprietors, and other common carriers to demand and receive an increased rate of charge, to be notified by some notice affixed in legible characters in some public and conspicuous part of the office, warehouse, or other receiving affixed in house where such parcels or packages are received by them for the offices or purpose of conveyance, stating the increased rate of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles; and all persons sending or delivering parcels or packages containing such valuable articles warehouses. 1 Will. IV. c. 68, 58.3-5. Carriers to give receipts, acknowledging increased rate. In case of neglect to give receipt or affix notice, the party not to be entitled to benefit of this Act. Publication to limit the liability of proprietors, &c., in respect of any other goods conveyed. as aforesaid at such office shall be bound by such notice, without further proof of the same having come to their knowledge. See the notes to section 1, ante. 3. Provided always, and be it further enacted, that when the value shall have been so declared, and the increased rate of charge paid, or an engagement to pay the same shall have been accepted as hereinbefore mentioned, the person receiving such increased rate of charge or accepting such agreement shall, if thereto required, sign a receipt for the package or parcel, acknowledging the same to have been insured, which receipt shall not be liable to any stamp duty; and if such receipt shall not be given when required, or such notice as aforesaid shall not have been affixed, the male contractor, stage coach proprietor, or other common carrier as aforesaid shall not have or be entitled to any benefit or advantage under this Act, but shall be liable and responsible as at the common law, and be liable to refund the increased rate of charge. See the notes to section 1, ante. 4. Provided always, and be it enacted, that from and after the of notices not first day of September now next ensuing no public notice or declaration heretofore made or hereafter to be made shall be deemed or construed to limit or in anywise affect the liability at common law of any such mail contractors, stage coach proprietors, or other public common carriers as aforesaid for or in respect of any articles or goods to be carried and conveyed by them; but that all and every such mail contractors, stage coach proprietors, and other common carriers as aforesaid shall from and after the said first day of September be liable, as at the common law, to answer for the loss of (sic) any injury to any articles and goods in respect whereof they may not be entitled to the benefit of this Act, any public notice or declaration by them made and given contrary thereto, or in anywise limiting such liability notwithstanding. What is a special contract. Every office used to be deemed a receiving house; A ticket or paper with printed conditions upon it of which the consignor has notice, whether signed by him or not, is a special contract within section 6, and not a public notice under this section (G. N. Ry. Co. v. Morville, 21 L. J. Q. B. 319; Walker v. York & N. Mid. Ry. Co., 2 E. & B. 750; York, Newcastle, & Berwick Ry. Co. v. Crisp, 14 C. B. 527; 23 L. J. C. P. 125). 5. And be it further enacted, that for the purposes of this Act every office, warehouse, or receiving house which shall be used or appointed by any mail contractor or stage coach proprietor or other such common carrier as aforesaid for the receiving of parcels to be conveyed as aforesaid, shall be deemed and taken to be the receiving house, warehouse, or office of such mail contractor, stage coach proprietor, or other common carrier; and that any one or be liable to be more of such mail contractors, stage coach proprietors, or common carriers shall be liable to be sued by his, her, or their name or names only; and that no action or suit commenced to recover and any one coach proprietor or carrier shall sued. |