value of 101., unless delivered as such, and loss of cer- injury to any article or articles or property of the descriptain goods tions following; (that is to say,) gold or silver coin of above the 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 increased company of the banks of England, Scotland, and Ireland charge respectively, or of any other bank in Great Britain or accepted. Ireland, orders, notes, or securities for payment of money, English or foreign, stamps, maps, writings, title 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 herein-after mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package. vered an increased When any 2. And be it further enacted, that when any parcel or parcel shall package containing any of the articles above specified be so deli- shall be so delivered, and its value and contents declared as aforesaid, and such value shall exceed the sum of ten pounds, it shall be lawful for such mail contractors, stage rate of coach proprietors, and other common carriers to demand charge and receive an increased rate of charge, to be notified by may be demanded. some notice affixed in legible character in some public Notice of and conspicuous part of the office, warehouse, or other the same to receiving house where such parcels or packages are be affixed received by them for the purpose of conveyance, stating in offices or the increased rates of charge required to be paid over and warehouses. 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 notice, without further proof of the same having come to their knowledge. increased 3. Provided always, and be it further enacted, that Carriers when the value shall have been so declared, and the in- to give creased rate of charge paid, or an engagement to pay the receipts same shall have been accepted as herein-before men- acknowtioned, the person receiving such increased rate of charge ledging or accepting such agreement shall, if thereto required, sign a receipt for the package or parcel, acknowledging rate. the same to have been insured, which receipt shall not be liable to any stamp duty; and if such receipt shall not In case of be given when required, or such notice as aforesaid shall neglect not not have been affixed, the mail contractor, stage coach to be enproprietor, 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. any titled to benefit of this act. 4. Provided always, and be it enacted, that from and Publication after the first day of September now next ensuing no of notices public notice or declaration heretofore made or hereafter not to limit to be made shall be deemed or construed to limit or in the liability anywise affect the liability at common law of any such of propriemail contractors, stage coach proprietors, or other public tors, &c., in common carriers as aforesaid for or in respect of respect of any other articles or goods to be carried and conveyed by them; goods conbut that all and every such mail contractors, stage coach veyed. 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 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. 5. And be it further enacted, that for the purposes of Every office this act every office, warehouse, or receiving house which used to be shall be used or appointed by any mail contractor or deemed a stage coach proprietor, or other such common carrier as receivingaforesaid for the receiving of parcels to be conveyed as house; 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 and anyone one or more of such mail contractors, stage coach pro- coach proprietors, or common carrier shall be liable to be sued by prietor or his, her, or their name or names only; and that no action carrier or suit commenced to recover damages for loss or injury to any parcel, package, or person shall abate for the want shall be liable to be sued. Act not to affect con tracts. Parties entitled to damages may also recover extra charges. Act not to protect felonious acts. Coach pro to such damages as are proved. of joining any co-proprietor or co-partner in such mail, stage coach, or other public conveyance by land for hire as aforesaid. 6. Provided always, and be it further enacted, that nothing in this act contained shall extend or be construed to annul or in any wise affect any special contract between such mail contractor, stage coach proprietor, or common carrier, and any other parties, for the conveyance of goods and merchandises. 7. Provided also, and be it further enacted, that where any parcel or package shall have been delivered at any such office, and the value and contents declared as aforesaid, and the increased rate of charges been paid, and such parcels or packages shall have been lost or damaged, the party entitled to recover damages in respect of such loss or damage shall also be entitled to recover back such increased charges so paid as aforesaid, in addition to the value of such parcel or package. 8. Provided also, and be it further enacted, that nothing in this act shall be deemed to protect any mail contractor, stage coach proprietor, or other common carrier for hire from liability to answer for loss or injury to any goods or articles whatsoever arising from the felonious acts of any coachman, guard, book-keeper, porter, or other servant in his or their employ, nor to protect any such coachman, guard, book-keeper, or other servant from liability for any loss or injury occasioned by his or their own personal neglect or misconduct. 9. Provided also, and be it further enacted, that such prietors mail contractors, stage coach proprietors, or other common and carriers carriers for hire shall not be concluded as to the value of liable only any such parcel or package by the value so declared as aforesaid, but that he or they shall in all cases be entitled to require, from the party suing in respect of any loss or injury, proof of the actual value of the contents by the ordinary legal evidence, and that the mail contractors, stage coach proprietors, or other common carriers as aforesaid shall be liable to such damages only as shall be so proved as aforesaid, not exceeding the declared value, together with the increased charges as before mentioned. actions for Money may 10. And be it further enacted, that in all actions to be be paid into brought against any such mail contractor, stage coach court in all proprietor, or other common carrier as aforesaid, for the loss of or injury to any goods delivered to be carried, whether the value of such goods shall have been declared or not, it shall be lawful for the defendant or defendants loss of goods. the same effect as money may be paid into court in any other action. 11. And be it further enacted, that this act shall be Public act. deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. 1 VICT. CAP. 83. An Act to compel Clerks of the Peace for Counties and other Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament. [17th July, 1837.] WHEREAS the Houses of Parliament are in the habit of Preamble, requiring that, previous to the introduction of any bill into Parliament for making certain bridges, turnpike roads, cuts, canals, reservoirs, aqueducts, waterworks, navigations, tunnels, archways, railways, piers, ports, harbours, ferries, docks and other works, to be made under the authority of Parliament, certain maps or plans and sections, and books and writings, or extracts or copies of or from certain maps, plans or sections, books and writings, shall be deposited in the office of the clerk of the peace for every county, riding or division in England or Ireland, or in the office of the sheriff clerk of every county in Scotland, in which such work is proposed to be made, and also with the parish clerk in every parish in England, the schoolmaster of every parish of Scotland, or in royal burghs with the town clerk, and the postmaster of the post town in or nearest to every parish in Ireland, in which such work is intended to be made, and with other persons; and whereas it is expedient that such maps, plans, sections, books, writings, and copies or extracts of and from the same, should be received by the said clerks of the peace, sheriff clerks, parish clerks, schoolmasters, town clerks, postmasters and other persons, and should remain in their custody for the purposes hereinafter mentioned 1. Be it therefore enacted, by the Queen's most ex- Clerks of cellent Majesty, by and with the advice and consent of the peace, the Lords spiritual and temporal, and Commons, in this &c. to represent Parliament assembled, and by the authority of ceive the the same, that whenever either of the houses of Parlia- documents herein men ment shall, by its standing orders, already made or hereafter to be made, require that any such maps, plans, sections, books or writings, or extracts or copies of the tioned, and retain them for the pur. poses di rected by the stand ing orders of the houses of parliament. Clerks of mit such to be in spected or copied by persons in terested. such maps, plans, sections, books, writings, copies and extracts shall be received by and shall remain with the clerks of the peace, sheriff clerks, parish clerks, schoolmasters, town clerks, postmasters and other persons with whom the same shall be directed by such standing orders to be deposited, and they are hereby respectively directed to receive and to retain the custody of all such documents and writings so directed to be deposited with them respectively, in the manner and for the purposes and under the rules and regulations concerning the same respectively directed by such standing orders, and shall make such memorials and indorsements on and give such acknowledgments and receipts in respect of the same respectively as shall be thereby directed. and 2. And be it further enacted, that all persons interested the peace, shall have liberty to, and the said clerks of the peace, &c. to per- sheriff clerks, parish clerks, schoolmasters, town clerks documents postmasters, and every of them, are and is hereby required, at all reasonable hours of the day, to permit all persons interested to inspect, during a reasonable time, and make extracts from or copies of the said maps, plans, sections, books, writings, extracts and copies of or from the same, so deposited with them respectively, on payment by each person to the clerk of the peace, sheriff clerk, clerk of the parish, schoolmaster, town clerk or postmaster having the custody of any such map, plan, section, book, writing, extract or copy, one shilling for every such inspection, and the further sum of one shilling for every hour during which such inspection shall continue after the first hour, and after the rate of sixpence for every one hundred words copied therefrom. Clerks of the peace, &c. for of this act, 3. And be it further enacted, that in case any clerk of the peace, sheriff clerk, parish clerk, schoolmaster, town clerk, postmaster or other person, shall in any every omis- matter or thing refuse or neglect to comply with any of sion to the provisions herein before contained, every clerk of comply the peace, sheriff clerk, parish clerk, schoolmaster, town with the provisions clerk, postmaster or other person, shall for every such offence forfeit and pay any sum not exceeding the sum liable to of five pounds; and every such penalty shall, upon the penalty proof of the offence before any justice of the peace for of 5%., to the county within which such offence shall be combe recover- mitted, or by the confession of the party offending, or by the oath of any credible witness, be levied and recovered, summary together with the costs of the proceedings for the recovery thereof, by distress and sale of the goods and effects of the party offending, by warrant under the hand of such justice, which warrant such justice is ed in a way. |