§ 556. After the statute of 1830 had been in force in England twentyfour years, its principles were applied to other common carriers by

England, Scotland and Ireland respectively, or of any other bank in Great Britain or Ireland, orders, notes and securities for the payment of money, English or foreign; stamps, maps, writings, title deeds, paintings, engravings, gold or silver plate, or plated goods, glass, china, silk 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 the 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 bookkeeper, 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 hereinafter mentioned, or an engagement to pay the same be accepted by the person receiving such parcel or package.” § 2. This section permits the carrier, whenever any such parcel or package exceeding teu pounds in value shall be delivered and its contents made known, to demand an increased compensation for the greater risk he runs in the conveyance of such valuable articles; his prices to be regulated by a notice to be posted in his office, by which both parties are to bound.

§ 3. Provides that the carrier shall give a receipt for the package or parcel as insured, and that if he refuse to give the receipt, ho shall refund the insurance money and be liable as at common law.

4. Provides that in respect to all articles not enumerated in the act, the carrier shall be liable for their safo carriage as at common law, and for them also where they are insured; that no notice shall be deemed or construed to limit, or in any way affect the carrier's liability at common law.

§ 5. That all receiving houses shall be deemed those of the carrier, and that any one of a company of carriers may be sued separately.

§ 6. This act shall not annul or affect any special contract made by the carrier for the conveyance of goods and merchandise.

7. If any parcel or package delivered to the carrier, its value and contents being declared and the increased rate paid thereon as insurance, be lost, the owner recovers the value of the parcel with the insurance money paid thereon.

§ 8. Nothing in this act shall be deemed to protect the carrier for hire from his liability to answer for loss or injury to any goods or articles arising from the felonious act of his servant; nor to protect the servant from liability for loss or injury by his personal neglect or misconduct.

9. In a caso of loss of articles delivered to the carrier and insured, their actual value, and not the value put upon them on their delivery, is to be the measure of damages; and the owner of them shall make proof of their value, if so required; but the recovery shall not exceed their declared value.

$10. The carrier may in all cases pay money into court, as in other actions, and with the same effect.

11. This is a public act to be judicially taken notice of, without being specially pleaded.

the Railway and Canal Traffic Act. Under the seventh section, a railway or canal company, or a railway and canal company is liable for the loss of, or for any injury done to any horses, cattle or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition or declaration made and given by such company contrary thereto, or in anywise limiting such liability; every such notice, condition or declaration being thereby declared null and void. There are five provisos or limitations upon the operations of the statute:

1. That nothing contained in the act shall be construed to prevent these companies from making such conditions with respect to the receiving, forwarding and delivering of any of the said animals, articles, goods or things, as shall be adjudged by the court or judge before whom any question relating thereto shall be tried, to be just and reasonable.

2. That no greater damages shall be recovered for the loss of or for any injury done to any of such animals, beyond the sums hereafter mentioned; that is to say, for any horse, fifty pounds; for any neat cattle, fifteen pounds per head; for any sheep or pigs, two pounds per head; unless the person sending or delivering the same to the company, shall, at the time of such delivery, have declared them to be respectively of a higher value than as above mentioned; in which case it shall be lawful for the company to demand and receive, by way of compensation for the increased risk and care thereby occasioned, a reasonable percentage upon the excess of the value so declared above the respective sums so limited as aforesaid, and which shall be paid in addition to the ordinary rate of charge; and such percentage or increased rate of charge must be notified in the manner prescribed in the Act of 1830, and is made binding upon the company in the manner therein mentioned.

3. That the proof of the value of such animals, articles, goods, and things, and the amount of the injury done thereto, shall in all cases lie upon the person claiming compensation for such loss or injury.

4. That no special contract between such company and any other parties respecting the receiving, forwarding or delivering of any animals, articles, goods, or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals articles, goods or things respectively for carriage.

5. That nothing contained in the act shall alter or affect the rights,

1 17 and 18 Vict., ch. 31, A. D. 1854.

privileges or liabilities of any such company under the prior act of 1830, with respect to the articles mentioned in that act.1

§ 557. Without undertaking to review the English decisions under these statutes, it is proper to observe that the later statute contains some provisions not found in the first. E. g., it declares a rule of liability, for any loss of, or injury to animals, goods or things, by the neglect of or default of the carrier company, in spite of any notice or condition given or imposed by them; it then allows, in express terms, the carrier company to prescribe such conditions with respect to the receiving, forwarding and delivering animals, goods and things as shall be adjudged by the court to be just and reasonable; and it requires special contracts for the conveyance of these different kinds of property to be signed by the party delivering the same.

The statute was enacted to correct certain abuses practiced by the carrier companies, under the guise of contracts, imposed upon customers by the use of special notices and tickets,2-contracts that were sometimes established by proving that the company had given to the party delivering the property a written notice or ticket specifying the terms on which they received and conveyed the same. And these contracts often went so far as to exempt the carrier company from liability for losses and injuries caused by the culpable negligence of its agents and servants; and were held binding on the parties to them."

One purpose of the statute evidently was, to prevent the carrier from imposing contracts or conditions of this description upon unwary customers; and another was to protect all customers against the arrogant demands of the carrier. The statute annuls all notices given by railway and canal companies, limiting their liability as carriers; and it does not prevent them from entering into special contracts for the carriage of goods, provided the conditions contained in them are such as are held. just and reasonable by the judge or court before whom the question relating thereto is tried, and provided the contract is signed by the party

1 Wo have referred to the first part of this statute, ante § § 519, 520; we give an abstract of the statute. It covers all domestic animals, including dogs. Harrison v. London, Brighton and South Coast R. Co., 2 B. and S., 122.

2 York, Newcastle and Berwick R. Co. v. Crisp, 14 C. B., 527; Hughes v. Great Western R. Co., 14 C. B., 637; Slim v. Great Northern R. Co., 14 C. B., 647; Chippendale v. Lancashire and Yorkshire R. Co., 7 Railw. Cas., 824; Great Northern R. Co. v. Morville, 7 Railw. Cas., 830; Show v. York and North Midland R. Co., 6 Railw. Cas., 87; 13 Q. B., 347; Austin v. Manchester, Sheffield and L. R. Co., 16 Q. B., C00; 10 C. B., 454.

3 Idem; Austin v. Manchester, Sheffield and L. R. Co., 10 C. B., 454; Carr v. Lancashire and Yorkshire R. Co., 7 Exch. 707; 7 Railw. Cases, 425; Walker v. York and North Midland R. Co., 2 Ellis and Bl., 750.

delivering the goods to be carried. All parts of section seven of the act, are read together; and the conditions therein mentioned limiting the carriers' liability, must be just and reasonable in the opinion of the court, and they must be embodied in a special contract in writing, signed by the sender of the goods. The statute must be complied with, the conditions must be contained in the contract, and the contract must be signed.2

What are just and reasonable conditions, under the statute? These following conditions have been adjudged just and reasonable, when embraced in a contract for the conveyance of ordinary goods and chattels : "The company will not be answerable for the loss of goods untruly or incorrectly described; no claim for loss will be allowed unless mado within seven days after the time when the goods should have been delivered;" and a condition that no claim for damage will be allowed, unless made within three days after the delivery of the goods; and a condition that the company will not be liable for damages arising from the loss of a market, in consequence of delay in the transit; 5 and a condition that the company will not be liable for the loss of goods, however caused, when carried at special mileage rates. The following conditions have been held unjust and unreasonable; namely, a condition that the company will not be accountable for the loss, detention or damage of any package insufficiently or improperly packed; and a condition that the company will not be responsible for the loss of, or injury to any marbles unless insured according to their value; and conditions exempting the company from liability for loss of, or injury to cattle and horses, not caused by the negligence of its agents and servants.

§ 558. Congress has declared by statute that where the shipper of certain specified articles, contained in a parcel or package or trunk, shall lade the same as freight or baggage on a vessel, without at the same

1 Simons v. Great Western R. Co., 18 C. B., 805; Peek v. North Staffordshire R. Co., 10 H. L. Cas., 474.

2 Aldrich v. Great Western R. Co., 15 C. B. N. S., 582; M'Manus v. Lancashire and Yorkshire R. Co., 4 H. and N., 327; Lewis v. Great Western R. Co., 5 H. and N., 867.

Lewis v. Great Western R. Co., 5 H. and N., 867; see Knell v. U. S. and Brazil S. Co., 1 Jones and Spencer, 423, 438.

4 Simons v. Great Western R. Co., 18 C. B., 805.

Beal v. South Devon R. Co., 3 H. and C., 337; 5 H. and N., 875; White v.

Great Western R. Co., 2 C. B. N. S., 7.

6 Simons v. Great Western R. Co., 18 C. B., 804.

' Idem, and Garton v. Bristol and Exeter R. Co., 1 B. and S., 112.

* Peek v. North Staffordshire R. Co., 1 Ellis, Bl. and El., 958; S. C., 10 H L., 473; 4 Best and Smith (Am. ed.), 1005.

time giving to the master, clerk, agent or owner, a written notice of the true character and value thereof, and having the same entered on the bill of lading therefor; the master and owner shall not be liable as carriers thereof in any form or manner, and shall not be liable for such goods beyond the value and according to the character thereof so notified and entered.1 The statute also limits the liability of the owner of any vessel for embezzlement, loss or destruction of any property, goods, or merchandise shipped or taken on board, or for any loss, damage or injury or forfeiture occasioned or incurred, by collision or otherwise, without his privity or knowledge, to the amount of his interest in the vessel, and her freight then pending. In order to protect the shipowner and secure this interest to the freighters and owners of the goods in proportion to their respective losses, the statute allows the owner of the vessel or the owner of any part of the goods to take the appropriate proceedings in any court of competent jurisdiction; it permits the owner of the vessel to discharge himself from liability for such losses by transferring his interest in the vessel and freight to a trustee to be appointed by the court, to act for the persons legally interested; and it declares that the charterer of any vessel, who mans, victuals, and navigates it at his own expense, shall be deemed the owner, within the exemption given by the statute; and that the vessel shall be liable as if navigated by the actual owner.2 The statute does not otherwise limit the shipowner's liability; and it is not to be construed to take away or affect the remedy to which any party is entitled against the master, officers or seamen, for or on account of any embezzlement, injury, loss, or destruction of merchandise or property put on board the vessel, or on account of any negligence, fraud or other malversation of these persons; and the statute does not lessen or take away any responsibility to which any master or seaman is legally liable. It is also to be noticed that the limitation of liability does not apply to the owners of any canal-boat,

1 R. S. of U. S., p. 831, 832. These are the articles specified in the statute, viz.-Platina, gold, gold dust, silver, bullion, or other precious metals, coins, jewelry, bills of any bank or public body, diamonds, or other precious stones, or any gold or silver in a manufactured or unmanufactured state, watches, clocks, or time-pieces of any description, trinkets, orders, notes or securities for payment of money, stamps, maps, writings, title-deeds, printings, 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 any other material, furs or lace or any of them contained in any parcel or package or trunk. The enumeration, now much broader than the Act of 1851, is almost the same as that contained in the English statute of 1830. Ante § 555, and note.

2 R. S. of U. S., §§ 4283, 4284, 4285, 4286.