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CARRIERS ACT 1830

CARRIERS ACT 1830 - LONG TITLE

An Act for the more effectual Protection of Mail Contractors, Stage
Coach Proprietors, and other Common Carriers for Hire, against the
Loss of or Injury to Parcels or Packages delivered to them for
Conveyance or custody, the Value and Contents of which shall not be
declared to them by the Owners thereof.{1}
[23rd July 1830]
Preamble rep. by SLR 1890 (No. 2)[

CARRIERS ACT 1830 - SECT 1
Mail contractors, coach proprietors, and carriers not to be liable
for loss of certain goods above the value of #10 unless they are
delivered as such, and an increased charge accepted.

1.] No mail contractor, stage coach proprietor, or other common
carrier by land for hire shall be liable for the loss of or
injury 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 respectively, or of any other bank in Great Britain or
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 of
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.

CARRIERS ACT 1830 - SECT 2
When any parcel shall be so delivered an increased rate of charge
may be demanded.

2. 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, 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.

CARRIERS ACT 1830 - SECT 3
Carriers to give receipts for increased charges.

3. 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 herein-before 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.

CARRIERS ACT 1830 - SECT 4
Public notices or declarations by carriers not to limit their
liability, but they shall remain liable for all losses from which
they are not protected by this Act.

4. 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 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.

CARRIERS ACT 1830 - SECT 5
Every office used to be deemed a receiving house;

5. 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 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.

CARRIERS ACT 1830 - SECT 6
Special contracts not affected.

6. 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.

CARRIERS ACT 1830 - SECT 7
Parties entitled to damages for loss may also recover the increased
charges.

7. 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.

CARRIERS ACT 1830 - SECT 8
Nothing herein to protect from theft or forgery.

8. 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 [any theft, ... or
forgery] 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.

CARRIERS ACT 1830 - SECT 9
Coach proprietors and carriers liable only to such damages as are
proved.

9. 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.

S.10 rep. SLR 1980. S.11 rep. by SLR 1888 (No. 2)






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URL: http://www.bailii.org/nie/legis/num_act/ca1830104.txt