Carriers Act 1891 (SA)

ANNO. QUINQUAGESIMO QUARTO ET QUINQUA-

GESIMO QUINTO

VICTORIB REGINB.

A.D. 1891.

No. 525.

An Act relating to Common Carriers.

E it Enacted by the Governor of the Province of South Council and House of Assembly of the said province, in this present	B Australia, with the advice and consent of the Legislative
Parliament assembled, as follows:

1, This Act may be cited as ( (The Carriers Act, 1891." short title.

/y

2, No mail contractor, stage coach proprietor, or common carrier NO liability for lam

foreign or otherwise, stamps, maps, writings, title deeds, paintings, engructvings, pictures, gold or silver plate or plated articles, glass, china, silks in a rna)steta 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 m y 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

of goods over $10

by land for hire shall be liable for the loss of or injury to aFy article yd,, unleB8 bookad

oP articles, or property of the descriptions following (that is to say), ~t	!d$;	:
goTd or silver coin of this realm or of any part of H m Majesty's dominions or of any foreign state, or any gold or silver in a rnanu- factured or unmanufactured state, or any precious stones. jewellery, watches, clocks, or timepieces of any description, trinkets, bills, notes of any bank in Her Majesty's dominions or of any foreign
bank, orders, notes or securities for payment of money whether

2 54" & 5 5 O VICTORIE, No. 525.

The Carriers Act-1 89 1.

of the delivery thereof at the office, warehouse, or receiving-house of such mail contractor, stage coach proprietor, or 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 afaresaid, the value and nature of such article or articles or property sliall have been declared -_ by the person sending or delivering the same, and such inc reasescmrgemre ina f te r mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package.

lncreaeed rate may

be ohar ed, and 3. When any parcel or package containing any of the articles

noticetfereofgirm, 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 co~ltractor, stage coach pro- prietor, or common carrier 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 such mail contractor, stage coach proprietor, or common carrier for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of charge as a compen- sation for the greater risk and care to be taken for the safe conyeyance of such valuable articles; and all persons sending to or delivering at such office, warehouse, or other receiving-house parcels or packages containing such valuable articles as aforesaid shall be bound by such notice without further proof of the same having come to their knowledge.

Carriers to give receipts. and in 4, When the value shall 'have been so declared and the increased default thereof or of rate of charge paid, or an engagement to pay the same shall have

not to protect. such notice, this Act 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, acknow- ledging the same to have been insured; and if such receipt shall

have been affixed, the mail contractor, stage coach proprietor, or not be given when required, or such notice as aforesaid shall not	;common carrier as aforesaid shall not have or be entitled to any
benefit or advantage under this Act, but shall be liable and respon- sible as at the common law, and be liable to refund the increased rate of charge.

No other notices to

5. No public notice or declaration heretofore made or hereafter to be made shall be deemed or construed to limit or in anywise affcct the liability at common law of any such mail contractor, stage coach proprietor, or common carrier as aforesaid for or in respect of any articles or goods sent or delivered as aforesaid; but all such mail contractors, stage coach proprietors, or 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 no€ice or declaration by them respectively made and given contrary thereto or in any wise limiting such liability notwithstanding. 6. For

limit the liability.

54" & 55" VICTORI&, No. 525.

The Carriers Act.-]. 891.

6. For the purpose of this Act every ofice, warehouse, or Everyofficetobe

receiving-house which shall be used or appointed by any mail con- house. and one deemed a receiving-

tractor, or sty: coach or proprietor, such &krnon cairier as aforesaid partnir liable to be sued.

for the recelvlna of parcels to be conveyed as aforesaid, shall be

deemed and t a k k 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 carriers sh11 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 of 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 pt~blic conveyance by land for hire as aforesaid.
7, Nothing in this Act contained shall extend or be construed to annul or in anywise to affect any special contract between such mail contractor, stage coach proprietor, or corrlrnon carrier and any other parties for the convcyance of goods and merchandiscs; but no such special contract shall be biuding upon or affect any such party unless the same be signed by him, or by the person sending,
delivering, or bringing such goods and merchandises, as the case
may be.

8, Where any parcel or package shdl have been delivered at any m case of loas extra

such office, and the value and contents tleclaxed as aforesaid, and the charge	be refunded*
increased rate of charges been paid, and such parcels or pitclcages 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.

contractor, stage coach proprietor, or comnzon carrier for hire from be protected. 9, Nothing in this Act shall be deemed to protect any mail Felonious actsmt to

liability to answer for loss of or injury to any goods 01. articles	whatsoever arising from the felonious acts of any coachman, guard,	bookkeeper, porter, or other servant in his, hcr, or thcir employ;
nor to protect any such coachman, guard, bookkeeper, porter, or other servant from liability for any loss or injury occasioned by his, her, or their own personal neglect or misconduct.

10. Such mail contractors, stage coach proprietors, or common Declared value not to

carriers for hire shall not be concluded as to the value of any such damageam

be measure of

parcel or package by the value so declared as aforesaid, but shall in all cases be entitled to require from any party suing in respect of any loss or injury proof of the actual value of the contents by the ordinary legal evidence, and 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 hereinbefore mentioned.

11, Any carrier's agent, forwarding agent, or other person under- carriers and forwarding agenb to

taking for reward to deliver any goods to a carrier by land for hire e liable as commoa

54" & 55' VICTORIA2, No. 525.

The Carriers Act.- l89 1.

c c l f i i ~ u n l e s ~ W	for the purpose of	carriage. or to procure	any	carrier	by land for
give notice.

hire to carry such goods, shall be deemed to have received such goods to be carried by himself, and may be sued in like manner as if he had actually undertaken to carry such goods as a common caiqier for hire, ,p-LII unless before - -----I- or ---.- at the k_e at which heshall have

/	hirn-aniiee@irson by whom %.c shall -be emplpyed that he shall not
so undertaken it shall-have been expressly cigeed in ~ t _ i g b e t w e @
1	,	G .L-bIX BO X.4 li≤&@$.his_ -li>bi!ity shall - ceass -upon - -*. his deliVk+
t	such goods to any carrier, or upon his procudng a carrier tgcarry

I \ such goods and making the sarnLhQ-wn to t h e - p ~ s b whom -m---- he

shall have been employed,-as the sa%e- may he, or u	x	e	p e e -
--	--."--"s-*-

~ E c i of%ch other conditions as shall be r n u t u d l g, a ~ e g ~ ~ p o n in

Witin -W-.- between him and the person by whom he ghall-haye_eEen

s2+gwa,*and unless he shall hare huly entered in a hook to be

kept y him the name of such carrier.

me6ipt of gdode in 12, A receipt given by any person to whom any parcel or package

good order and condi- shall have been delivered, or by his duly authorised agent (whether

tion t, ex,,te

~rrierunJeaaevidence expressly or otherwise), acknowledging that any such parcel or	ghen of damage or
~ W O of goode. package has been received in good order and condition, shall exoneGate any mail contractor, stage coach proprietor, or common carrier from any liability for any da,mage to, or loss of, any property contained in any parcel or package in respect of which any such receipt has been given, unless some evidence shall be given to show, or from which it may reasonably be inferred, that the damage to any such property, or loss of any such property, occurred while the parcel or package containing such property was in the possession of such m ail contractor, stage coach proprietor, or common carrier.
dot not to a p p l ~ to
Railway Cornmu- 13. This Act shall not apply to The South Australian Railways
sionero. Commissioners,"
Repa Impfia1
Act in South 14. The Act of the Imperial Parliament, 11 George IV. and
.h.ubblk.

1 Williarn IT., chapter 68, is hereby repealed so far as it applies to

South Australia.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

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