damages for loss or injury to any parcel, package, or person shall abate for the want of joining any co-proprietor or co-partner in such mail, stage coach, or other public conveyance by land for hire as aforesaid. See notes to section 1, ante. 1 Will. IV. c. 68, ss. 6-8. 6. Provided always, and be it further enacted, that nothing in Not to affect this Act contained shall extend or be construed to annul or in contracts. anywise affect any special contract between such mail contractor, stage coach proprietor, or common carrier, and any other parties for the conveyance of goods and merchandizes. As to what is a special contract, see ante, section 4. A special contract will not exclude the company from the benefit of section 1 unless there is something in the terms of the contract inconsistent with that section (Baxendale v. G. E. Ry. Co., L. R. 4 Q. B. 244; 38 L. J. Q. B. 137). Special contract does not exclude protection of section 1. 7. Provided also, and be it further enacted, that where any Parties parcel or package shall have been delivered at any such office, and entitled to damages for the value and contents declared as aforesaid, and the increased rate loss may also of charges been paid, and such parcels or packages shall have been recover back lost or damaged, the party entitled to recover damages in respect extra charges. 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. tect felonious 8. Provided also, and be it further enacted, that nothing in Nothing this Act shall be deemed to protect any mail contractor, stage herein to procoach proprietor, or other common carrier for hire from liability to acts. answer for loss or injury to any goods or articles whatsoever arising from the felonious acts of any coachman, guard, bookkeeper, 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. Where a felony is set up as an answer to a defence under this Act the question of negligence is immaterial (G. W. Ry. Co. v. Rimell, 18 C. B. 575; Metcalfe v. London & Brighton Ry. Co., 4 C. B. N. S. 307). A servant of the delivering agent of the company is a servant of the company Who is a within this section, though when he commits the felony he is not acting on behalf servant of the of the company (Machu v. L. & S. W. Ry. Co., 2 Ex. 415; 17 L. J. Ex. 271; company. Stephens v. L. & S. W. Ry. Co., 18 Q. B. D. 121). Where a person by falsely representing himself to be the servant of the company obtains goods from a clerk of the company, the company are not estopped from denying that he is their agent (Way v. G. N. Ry. Co., 1 Q. B. D. C93; 45 L. J. Q. B. 874). A person setting up the felony of a servant of the company need not bring such evidence as would suffice to convict a particular servant. Evidence of felony. It is enough if he makes out a primâ facie case that the goods were stolen by the servants of the company. If having made out a prima facie case, the company leave it unanswered, he is entitled to succeed (Vaughton v. L. & N. W. Ry. Co., L. R. 9 Ex. 93; 43 L J. Ex. 75; M'Queen v. G. W. Ry. Co., L. R. 10 Q. B. 569). A prima facie case is not made out merely by showing that the goods have been What evi delivered to the company and been lost, or that a portion of them has been abstracted dence in(G. W. Ry. Co. v. Rimell, 18 C. B. 575; 27 L. J. C. P. 201; Metcalfe v. London & sufficient. Brighton Ry. Co., 4 C. B. N. S. 307; 27 L. J. C. P. 205). The fact that the goods were last seen in the possession of a porter of the com 1 Will. IV. c. 68, ss. 9-11. Easier access pany, who carried them across the line in the ordinary course of his duty, is no evidence against the company (Gogarty v. G. S. & W. Ry. Co., I. R. 9 C. L. 233). Nor is it sufficient to show that it is more probable that the goods were stolen by the servants of the company, on the ground that they had greater facilities of access to the goods than persons not in the company's employ (M'Queen v. G. W. Ry. Co., by servants of L. R. 10 Q. B. 569; 44 L. J. Q. B. 130; Turner v. G. W. Ry. Co., 34 L. T. N. S. company. 22). Evidence admissible against the company. Coach proprietors and only to such damages as are proved. On the other hand, if any of the stolen goods are traced to the possession of a servant of the company, who deals with them as his own, and his possession of them is not accounted for, a prima facie case is made out (Boyce v. Chapman, 2 Bing. N. C. 222; Vaughton v. L. & N. W. Ry. Co., L. R. 9 Ex. 93; 43 L. J. Ex. 75). A statement by a station-master to a constable that a parcel is missing, and that a servant of the company to whom the parcel would have been delivered has absconded, followed by a request to make inquiries after him, is admissible in evidence against the company to prove the theft (Kirkstall Brewery Co. v. Furness Ry. Co., L. R. 9 Q. B. 468; 43 L. J. Q. B. 142). 9. Provided also, and be it further enacted, that such mail carriers liable contractors, stage coach proprietors, or other common carriers for hire shall not be concluded as to the value of 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. Money may be paid into Court in all actions for 10. And be it further enacted, that in all actions to be brought against any such mail contractor, stage coach proprietor, or other common carrier as aforesaid, for the loss of or injury to any goods loss of 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 to pay money into court in the same manner and with the same effect as money may be paid into court in any other action. Public Act. 11. And be it further enacted, that this Act shall be 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. CUSTODY OF DOCUMENTS. 1 VICT. c. 83. An Act to compel Clerks of the Peace for Counties and other [17th July, 1837.] 1 Vict. c. 83, s. 1. WHEREAS the houses of parliament are in the habit of 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 of 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: Be it therefore enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in the present parliament assembled, and by the authority of the same, that whenever Clerks of the either of the houses of parliament shall by its standing orders, to receive the already made or hereafter to be made, require that any such maps, documents plans, sections, books, or writings, or extracts or copies of the herein mensame, or any of them, shall be deposited as aforesaid, such maps, retain them plans, sections, books, writings, copies, and extracts shall be re- for the purceived by and shall remain with the clerks of the peace, sheriff poses directed clerks, parish clerks, schoolmasters, town clerks, postmasters, and ing orders of other persons with whom the same shall be directed by such stand- the houses of ing orders to be deposited, and they are hereby respectively parliament. peace, &c., tioned, and by the stand ss. 2, 3. 1 Vict. c. 83, 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 endorsements on and give such acknowledgments and receipts in respect of the same respectively as shall be thereby directed. Clerks of the peace, &c., to permit such documents to be inspected or copied by persons interested. Clerks of the peace, &c., for every omis sion to com ply with the provisions of this Act, liable to the penalty of 57. to be recovered in a summary way. 2. And be it further enacted, that all persons interested shall have liberty to, and the said clerks of the peace, sheriff clerks, parish clerks, schoolmasters, town clerks, and 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. 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 matter or thing refuse or neglect to comply with any of the provisions herein before contained, every clerk of the peace, sheriff clerk, parish clerk, schoolmaster, town clerk, postmaster, or other person shall for every such offence forfeit and pay any sum not exceeding the sum of five pounds; and every such penalty shall, upon proof of the offence before any justice of the peace for the county within which such offence shall be committed, or by the confession of the party offending, or by the oath of any credible witness, be levied and recovered, 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 hereby empowered to grant, and shall be paid to the person or persons making such complaint; and it shall be lawful for any such justice of the peace to whom any complaint shall be made of any offence committed against this Act to summon the party complained of before him, and on such summons to hear and determine the matter of such complaint in a summary way, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no information in writing or in print shall have been exhibited or taken by or before such justice; and all such proceedings by summons without information shall be as good, valid, and effectual to all intents and purposes as if an information in writing had been exhibited. CONSTABLES NEAR PUBLIC WORKS. 1 & 2 VICT. c. 80. An Act for the payment of Constables for keeping the Peace 1&2 Vict. near Public Works. [10th August, 1838.] c. 80, s. 1. behaviour of persons works, the companies WHEREAS great mischiefs have arisen by the outrageous and unlawful behaviour of labourers and others employed on railroads, canals, and other public works, by reason whereof the appointment of special constables is often necessary for keeping the peace, and for the protection of the inhabitants and security of the property in the neighbourhood of such public works, whereby great expenses.have been cast upon the public rates of counties and other districts chargeable with such expenses: Be it therefore Whenever the enacted by the queen's most excellent majesty, by and with the appointment advice and consent of the lords spiritual and temporal, and constables has of special commons, in this present parliament assembled, and by the been occaauthority of the same, that after the passing of this Act, when- sioned by the ever any special constables shall be appointed under the authority of an Act passed in the second year of the reign of his late employed majesty, intituled "An Act for amending the laws relative to the upon public appointment of special constables, and for the better preservation expenses of the peace," or under the authority of an Act passed in the sixth thereof shall year of the reign of his late majesty, intituled " An Act for en- be paid by the larging the powers of magistrates in the appointment of special carrying on constables," and it shall be made to appear to any two or more such works. justices of the peace of any county, riding, or division having a separate commission of the peace, or of any liberty, franchise, city, town, or borough, in England or Wales, on the oath of three or more credible witnesses, that the appointment of such special constables has been occasioned by the behaviour, or by reasonable apprehension of the behaviour, of the persons employed upon any railway, canal, or other public work made or carried on under the authority of parliament within the district or division for which such justices usually act, it shall be lawful for such justices as aforesaid, at any time not exceeding one calendar month next after such appointment, to make orders from time to time upon the treasurer or other officer who shall have the control or custody of the funds of any company making or carrying on such railroad, canal, or other public work, for the payment of such reasonable allowances for their trouble, loss of time, and expenses to such special constables who shall have so served or be then serving as to the said justices shall seem proper; and a copy of every such |