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Cases.

Miscellaneous.

this description is not to be considered as a servant, but as a person carrying on an independent business, such as the commissioners were fully justified in employing to perform works which they could not execute for themselves, and who was known to all the world as performing them. We find here none of the reasons which have prevailed in cases where one person has been held liable for the acts of another as his servant. The learned judges who thought the defendant liable in Laugher v. Pointer (5 B. & C. 547) might, without inconsistency, have held that these commissioners are not liable. The doubt is raised by the contract, which expressly requires that all such parts of the said works to be done by Button as are not in a particular manner specified and described in the contract, or the plans and specifications, shall be executed in such manner as the surveyor of the said works for the time being shall direct, and in a good and workmanlike manner; and such execution of the work is secured by penalties. This

passage of the agreement would appear to take power from the contractor, and keep it in the hands of the commissioners, or their surveyor; but, whatever may be its proper construction or effect, it has no application to the present case, for the bank which failed is a part of the works so specified and described, and for which, therefore, if ill done, the contractor is liable, and the commissioners are not. We are therefore of opinion, that the rule for a nonsuit must be absolute."

Rule absolute.

THE

$ 7.-OBLIGATIONS AND RESTRICTIONS IMPOSED BY

STATUTE LAW ON RAILWAY COMPANIES.

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I. The obligations imposed on railway companies to con- Toconvey her

Majesty's mails. vey the mails, are contained in the stats. 1 & 2 Vict. c. 98 (a), and 7 & 8 Vict. c. 85, s. 11 (6); and a clause is now always inserted in each special railway act, making the company liable to the provisions of these general acts.

The above-mentioned general acts are applicable to railways, whether the carriages used are impelled by steam, locomotive or stationary engines, or animal or other power (c); and no company can make bye-laws repugnant to these acts (d).

(a) Post, App., 4.

Enactments," but which appears to (6) Post, App., 31.

have been prepared as a draft only, by (c) 1 & 2 Vict. c. 98, s. 1, post, Mr. Morrison, one of the members of App., 4.

the Select Committee, the following (d) Id., s. 11, post, App., 8. In a remarks are made on the subject of document published at the close of the the carriage of the Post-Office Mails : last session of Parliament, (1846), and —“ Part of the evidence taken by intituled “ The Second Report of the your Committee has reference to Select Committee on Railway Acts consequences, with which the esta.

D D

Cases,

Miscellaneous

this description is not to be considered as a servant, but as a person carrying on an independent business, such as the commissioners were fully justified in employing to perform works which they could not execute for themselves, and who was known to all the world as performing them. We find here none of the reasons which have prevailed in cases where one person has been held liable for the acts of another as his servant. The learned judges who thought the defendant liable in Laugher v. Pointer (5 B. & C. 547) might, without inconsistency, have held that these commissioners are not liable. The doubt is raised by the contract, which expressly requires that all such parts of the said works to be done by Button as are not in a particular manner specified and described in the contract, or the plans and specifications, shall be executed in such manner as the surveyor of the said works for the time being shall direct, and in a good and workmanlike manner ; and such execution of the work is secured by penalties. This passage of the agreement would appear to take power from the contractor, and keep it in the hands of the commissioners, or their surveyor; but, whatever may be its proper construction or effect, it has no application to the present case, for the bank which failed is a part of the works so specified and described, and for which, therefore, if ill done, the contractor is liable, and the commissioners are not. We are therefore of opinion, that the rule for a nonsuit must be absolute.”

Rule absolute.

$ 7.-OBLIGATIONS AND RESTRICTIONS IMPOSED BY THE

STATUTE LAW ON RAILWAY COMPANIES.

1. To contey her Majesty's Mails .

401

. 409

II. To conrey her Majesty's

Troops
III. To proride Third-class
Trains.

410 IV. Regulations as to the Gauge

of Railways, and a to
Engines and Carriages

to be used thereon 412 V. Regulations as to lessing Raileys

416

VI. To enable the Lurds of

the Treasury to pur.
chake Railways, or re.

rise the Scale of Tolle 418
VII. To permit Branth Rail.
ways.

422 VIIL Tu permit Telegraphs to

be constructed . 423
IX To pay Duties and Tithe

Commutation Rent.
charger

424
X. To make certain Returns 425
XI. Matters of Police . 426
XIL Bye-laws

429

I The orations imposed on railway companies to con- Tocover be

Mizjestys masie. Tey the rails, are contained in the stats. 1 & 2 Vict. c. 98 (a, asd 7 && Vict. c. 85, s. 11 (b); and a clause is now always inserted in each special railway act, making the contasy late to the provisions of these general acts.

The abuse Designed general acts are applicable to railwars, berber the carriages used are impelled by steam, locotite se Fatjonary engines, or animal or other puwee; was my can make bye-laws repugnant to these site :

' 1 . L . L 1. post, 477-4

Ed. LK LIT. . In a deres puissza z tue dhe las tarsi. sí soud mr det man har SDE

Enactments," but which appears to
have been prepared as a draft only, by
Mr. Morrison, one of the members of
the Select Committee, the following
remarks are made on the subject of
the carriage of the Post-Office Mails :
-“ Part of the evidence taken by
your Committee has reference to
consequences, with which the esta.

The Postmaster-General is authorised, by notice delivered to any railway company (e), to require that the mails, from the day to be named in the notice, (being not less than twenty-eight days from the delivery thereof), shall be forwarded on the railway, either by the ordinary or special trains, at such hours or times in the day or night

Tconrey her
Majesty's Mails.

blishment of railways has been at- trating between the Post-Office and
tended, to a branch of the public re- railway companies, states that the
venue intimately connected with the principal difference between Captain
convenience and welfare of the great Harness, on the part of the Post.
body of the people. Before the esta- Office, and himself was this, that
blishment of railways, the Post- Captain Harness contended, that, if a
Office, according to Mr. Stow, paid line run six trains a day, and a seventh
for the carriage of the mails, in- were wished by the Post-Office, it
cluding the coaches, something under should only pay the bare cost of that
2d. a mile; but the charges de- seventh train; but that he said, “No;
manded by the railways are much we ought to negotiate with the Post-
higher; and in the case of one rail- Office as with other parties : there is
way, the North Union, they amount no law that exempts them from the
to no less than 28. 94 d. per mile. ordinary mode of transacting busi.
The aggregate charge for carrying ness;' therefore, he had invariably
the mails in Great Britain was, in maintained, that the total establish.
1836-7, before railways were adopt- ment of the railway ought to be
ed, 53,2931. 188. 4d. or 13% per mile taken, and a portion of the charges
per day, for 18,090 miles; but, partly placed to the account of that one
in consequence of the increase of let- train; observing, significantly, that
ters and parcels through the intro- if the legislature had made a law that
duction of the penny post, and partly they should be treated differently,
in consequence of the high sums well and good; but that he took the
charged by some railways, the ag- law as it stands. Mr. Reed states,
gregate charge is now much higher. that in France they are obliged by
In 1846, as appears by a return every train to reserve a compartment
from the Post Office, the number of of a carriage, convenient for a persou
miles travelled daily by mail-coaches to ride in, for the Post-Office guard,
had been reduced to 11,473, while the with his bag of letters, without any
amount paid per annum was 45,7291. remuneration; and a similar system
108. 6d., or 23d. per mile per day. seems to prevail on all continental
But, besides this sum, there is paid railways.”
yearly to railways no less than (e) Notices may be delivered to
102,1851. 68. 10d.; the two amount. any director, secretary, or clerk, or
ing together to 147,9141. 178. 4d. be left at any station on the railway.
Mr. Robert Stephenson, who has 1 & 2 Vict. c. 98, S. 15, post,
been extensively employed in arbi. App., 9.

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