The Rights and Liabilities of the Company as Carriers of Passengers. circumstances as amount in law to felony. Actions must be brought, in the name of the executor or administrator of the deceased person, for the benefit of such relations of the deceased as are specified in the act; and the jury may give such damages as they may think proportioned to the injury resulting from such death, to the parties respectively for whom and for whose benefit such action shall be brought; and the amount so recovered shall be divided amongst the parties before mentioned in the act, in such shares as the jury by their verdict shall find and direct (h). Only one action may be brought, and it must be commenced within twelve calendar months after the death of the deceased person (i); and the plaintiff must, with the declaration, deliver a full particular of the person on whose behalf the action is brought, and of the nature of the claim in respect of which damages are sought to be recovered (k). But carriers of passengers are not compellable to carry a passenger unless there be room in the carriage (7); and, as we have seen, the bye-laws, issued under the authority of the Commissioners of Railways, provide that passengers at the road stations are only booked conditionally upon there being room (m). The bye-laws also contain certain regulations which provide for the payment of the fares, and good behaviour of passengers conveyed on the railway (n); and, by the Railways Clauses Consolidation Act, it is enacted, that (h) 9 & 10 Vict. c. 93, s. 2, post, App., 223. The liabilities thus imposed appear to be of a very weighty description. If a deceased person should leave children and grand-children, and also a father, mother, and wife, the damages which a jury may think to be proportioned to the injury resulting from the death to each of these persons, might, under certain circumstances, amount to a very large sum of money. (i) Id., s. 3, post, App. 223. (*) Id., s. 4, post, App. 223. (1) Lovett v. Hobbs, 2 Show. 428. (m) See ante, 95. (n) It has been decided in the American courts, that, although steamboat proprietors, holding themselves out as common carriers, are bound to receive passengers on board under ordinary circumstances, they may refuse to receive them, if there be a reasonable objection. Thus, they are not bound to admit passengers on if any person travel, or attempt to travel, in any carriage of Lastly, in connection with the subject of this chapter, it may here be observed, that, if through negligence sparks fly from the engines used on a railway, whereby buildings or other adjoining property are destroyed by fire, the company are liable to be sued for damages thus occasioned (p). ordinary circumstances impliedly con- board who refuse to obey the reasonable regulations of the boat, or who are guilty of gross or vulgar habits of conduct, or who make disturbances on board; or whose characters are doubtful, or dissolute, or suspicious; and, à fortiori, whose characters are unequivocally bad. And, as passengers are bound to obey the orders and regulations of the proprietors, unless they are oppressive and grossly unreasonable, whoever goes on board under (0) 8 Vict. c. 20, ss. 103, 104, post, App. 185. (p) As to what is proof of negligence in such a case, see Piggott v. The Eastern Counties Railway Co., 10 Jurist, 571. The Rights and Liabilities of the Company as Carriers of Passengers. 468 CHAPTER III. ON THE ASSESSMENT OF RAILWAYS TO THE POOR-RATE, IT is now well understood, that railway companies are liable to be rated to the relief of the poor; but much difficulty has been hitherto experienced in carrying the law into effect. The intricacy of some of the points which arise in considering this important subject, and the present unsettled state of the question, are circumstances which seem on this occasion to invite an investigation of the general principles of the law which are applicable to the assessment of the poor rate. And, first, a railway company are liable to be rated to the poor-rate, as being the occupiers of land within the meaning of the stat. 43 Eliz. c. 2. That statute, sect. 1, enacts, that competent sums shall be levied in each parish for the relief of the poor, by "taxation of every inhabitant, parson, vicar, and other, and of every occupier of lands, houses, tithes impropriate, propriations of tithes, coal mines, or saleable underwoods in the said parish," to be gathered out of the parish, according to the ability of the parish. And the stat. 6 & 7 W. 4, c. 96, enacts, "that no rate for the relief of the poor in England and Wales shall be allowed by any justices, or be of any force, which shall not be made upon an estimate of the net annual value of the several hereditaments rated thereunto, that is to say, of the rent at which the same might reasonably be expected to let from year to year, free of all usual tenant's rates and taxes, and tithe commutation rent-charge, if any, and deducting therefrom the probable average annual cost of the repairs, insur ance, and other expenses, if any, necessary to maintain them The Principles of in a state to command such rent." 66 And, by the 3 & 4 Vict. c. 89 (a), it is enacted, “ that it shall not be lawful for the overseers of any parish, township, or village, to tax any inhabitant thereof, as such inhabitant, in respect of his ability, derived from the profits of stock-intrade or any other property, for or towards the relief of the poor: Provided always, that nothing in this act contained shall in anywise affect the liability of any parson or vicar, or of any occupier of lands, houses, tithes impropriate, propriations of tithes, coal mines, or saleable underwoods, to be taxed under the provisions of the said acts, for and towards the relief of the poor." Thus it appears, 1st, that a railway company are liable to be rated to the relief of the poor, as being occupiers of land; 2ndly, that the company ought to be assessed upon the estimate of the net annual value of the hereditament, i. e. the land on which the railway and its appurtenances are constructed; 3rdly, that they are not liable to be assessed in respect of their ability, derived from the profits of stockin-trade, or any other property except land. The principles of the law applicable to the rating of railway companies are, therefore, clear and distinct enough; but it is in the practical application of those principles that great difficulties have been experienced, and considerable litigation has been the result. There seems to be, however, some points connected with the subject which appear to be clearly settled, and these we shall first notice. And, first, it is to be observed that the station-houses, warehouses, offices, repairing works, and any other buildings used for the purposes of the railway, are rateable in the respective parishes in which they are situate, and the assessment should be made upon their net annual value, (a) Continued by 9 & 10 Vict. c. 50. Law applicable to 468 CHAPTER III. ON THE ASSESSMENT OF RAILWAYS TO THE POOR-F IT is now well understood, that railway companies are rate. And, first, a railway company are liable to And the stat. 6 & 7 W. 4, c. 96, enacts. |