SCOTTISH RAILWAY STATUTES THE LAND CARRIERS ACT, 1830.-1 WILL. IV. CAP. 68. AN ACT FOR THE MORE EFFECTUAL PROTECTION OF MAIL CONTRACTORS, STAGE Preamble.-WHEREAS, by reason of the frequent practice of bankers and others of sending by the public mails, stage coaches, waggons, vans, and other public conveyances by land1 for hire, parcels and packages containing money, bills, notes, jewellery, and other articles of great value in small compass,2 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: 1 As to carriage partly by water, see Law of Rlys. p. 645 (b). 2 See Owen v. Burnett (1834), 2 C. & M. 353. I. Mail contractors, coach proprietors, and carriers not to be liable for loss of certain goods above the value of £10, unless delivered as such, and increased charge accepted.-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 . . .1 no mail contractor, stage coach proprietor, or other common carrier by land for hire shall be liable for the loss of or injury 2 to any article or articles or property of the descriptions following; (that is to say), gold or 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 timepieces of any description, trinkets, bills, notes of the Governor and Company of the Banks of England, Scotland, and Ireland re B 1830. 1 WILL. IV. Cap. 68. 2 3 spectively, or of any other bank in Great Britain or Ireland, orders, notes, or 1 Preceding words omitted by the Statute Law Revision Act (No. 2), 1888, 51 & 52 Vict. c. 57. 2 See Law of Rlys. p. 645. 3 As to what articles are covered, see Law of Rlys. p. 645, and cases there cited. "Lace" does not include machine-made lace. 28 & 29 Vict. c. 94. 1 II. When any parcel shall be so delivered an increased rate of charge may be demanded. Notice of the same to be affixed in offices or warehouses.When any parcel or package containing any of the articles above specified 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 coach proprietors, and other common carriers to demand and receive an increased rate of charge,2 to be notified by some notice affixed in legible characters in some public and conspicuous part of the office, warehouse, or other receiving house where such parcels or packages are received by them for the purpose of conveyance, stating the increased rates 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 as aforesaid at such office shall be bound by such notice, without further proof of the same having come to their knowledge.3 1 Words "and be it further enacted (that)" in this and secs. 3, 5, 6-10, omitted by 51 & 52 Vict. c. 57. 3 See Drayson v. Horne (1875), 32 L.T. 691. 2 See Law of Rlys. p. 646. III. 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.-Provided always, 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 mail 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. IV. Publication of notices not to limit the liability of proprietors, etc., in respect of any other goods conveyed.-Provided always, that 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 be liable, as at the common law, to answer for the loss of [or] 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 2 by them made and given contrary thereto, or in any wise limiting such liability, notwithstanding. 1 Words now unnecessary omitted by 51 & 52 Vict. c. 57. 2 But contrast Walker v. York and North Midland R.C. (1853), 2 El. & Bl. 750, where notices were personally served; and see Law of Rlys. pp. 650, 651. V. Every office used to be deemed a receiving house, and any one coach proprietor or carrier shall be liable to be sued.-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 1 of such mail contractor, stage coach proprietor, or other common carrier; and any one or more of such mail contractors, stage coach proprietors, or common carrier shall be liable to be sued by his, her, or their name or names only; and no action or suit commenced to recover 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. 1 See Stephens v. L. and S. W.R. (1886), 18 Q.B.D. 121. VI. Not to affect contracts.-Provided always, that nothing in this Act contained shall extend or be construed to annul or in 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 merchandises.1 1 See Baxendale v. G. E. R. (1869), 4 L.R. Q.B. 244; Law of Rlys. p. 650. VII. Parties entitled to damages for loss may also recover back extra charges. -Provided also, 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.1 1 Law of Rlys. p. 647. VIII. Nothing herein to protect felonious acts.-Provided also, 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 1830. 1 WILL. IV. Cap. 68. servant from liability for any loss or injury occasioned by his or their own personal neglect or misconduct.1 1 See Campbells v. N.B.R. (1875), 2 R. 433; Shaw v. G. W.R. (1894), L.R. 1 Q.B. 373; Law of Rlys. pp. 647-650, and cases there cited. IX. Coach proprietors and carriers liable only to such damages as are proved. -Provided also, that such mail 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. X. (refers to English practice), and XI. (now repealed by 51 & 52 Vict. c. 57, declared Act to be a public Act). 1 VICT. Cap. 83. THE CUSTODY OF DOCUMENTS ACT, 1837.-1 VICT. CAP. 83. AN ACT TO COMPEL CLERKS OF THE PEACE FOR COUNTIES AND OTHER PERSONS Preamble.—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: I. Clerks of the peace, etc., to receive the documents herein mentioned, and retain them for the purposes directed by the standing orders of the Houses of Parliament.-. . .1 Whenever either of the Houses of Parliament shall by its standing orders, already made or hereafter to be made, require that any such |