A common carrier is one who undertakes for hire to transport from place to place the goods of those who choose to employ him. Such are owners of stage-coaches which carry goods; lightermen; barge- owners ; canal boatmen ; owners of ships which transport goods for hire, and owners of similar public conveyances; also railway companies, except so far as they are limited by the Acts of Parliament constituting them.
The common carrier’s duty is to take proper care of the goods entrusted to him, and to deliver them safely without undue delay. As an insurer of the property entrusted to him, he is answerable for all loss or damage to goods in his custody, unless caused by act of God, tempest, or the King’s enemies.
The common carrier by land is not liable for loss exceeding 10 on parcels containing gold or silver, precious stones, bank-notes, etc., etc., unless the value and nature of such articles are declared beforehand, and an increased charge made for carriage. Persons sending such parcels to a common carrier are bound by the scale of charges made for such, which is affixed in the office of the carrier.
If a carrier receive goods on the understanding that he will only be liable for particular risks, he will only be liable for them; or if the owner takes all the risk of consequence s, the carrier is discharged from every responsibility.
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Every special contract for carriage must be in writing, must be just and reasonable, and signed by the person delivering the goods.
When forwarding parcels by carrier, the parcel is entered in a parcel book, and signed for by the carrier’s carman. One of the following forms should then be filled in as required, and given to the carman with the parcel. The weight is generally filled in by the carriers themselves.
That they will not be accountable for any Article, unless it be entered and signed for as received by them or their Agents. Nor will they be responsible for the loss of, or damage done to, Money in Cash or Bills, or Promissory Notes, or Securities for Money or Jewellery, Trinkets, Rings, Precious Stones, Bullion, Gold and Silver manufactured or unmanufactured ; Gold and Silver Plate or Plated Articles, Clocks, Watches, Time-pieces, Marbles, Lace, Furs, Silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials ; Writings, Title Deeds, Prints, Paintings, Maps, Engravings, Pictures, Stamps or other valuables; nor for loss of, or damage to, China, Glass, Earthenware, Wearing Apparel, Musical Instruments, Furniture, Toys, Perambulators, Castings, or any other such hazardous or brittle Articles, in Packages or otherwise, unless the same be insured according to their value, and paid for at the time of delivery, and the same will be carried entirely at the Owner’s risk. Nor for the loss or damage of any Goods by fire, the act of God, or civil commotion, or of any Goods put into returned Wrappers or Boxes, or packages described as Empties; nor of any Goods left until called for, or to order, or left or warehoused for the convenience of the parties to whom they belong, or to or by whom they are consigned or left with PICKFORD & CO. Nor for the loss or damage of any Packages insufficiently or improperly packed, marked, directed, or described, or containing a variety of Articles liable by breaking to damage each other ; nor for Leakage from Casks.
PICKFORD & CO. will not be liable for the loss or damage of Goods carried on any Navigable River, or across any arm of the Sea nor will they be liable for Sea Risk of any description on any Goods dipped by them, whether as Carriers or Agents.
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PICKFORD & CO. will not be accountable for loss of Aqua Fortis, Oil of Vitriol, or any other Ardent Spirit or dangerous Article. Senders of such Articles will be held accountable for any damage arising there from, unless the contents are described on the direction, that due care may be observed in loading.
And all such dangerous Articles can be received and carried only under the Regulations from time to time laid down by the various Railway Companies. All Goods received for the purpose of being carried, or otherwise, will be considered as subject to a general lien, and also to a right of detention for Money due for the carriage of such Goods, and upon any general balance, or otherwise, due from either the Owners or Consignees of such Goods to PICKFORD & CO., and for any unsatisfied claim or demand which PICKFORD & CO. may have against such Owners or Consignees.
If, in Fourteen days after Notice has been given that such Goods are detained for the above purposes, the Money due be not paid, they will be sold. Fish, Fruit, or other perishable Articles will be immediately sold to secure the Freight, if it be not paid directly such Articles arrive at the Railway Terminus, or are offered for delivery. No claim for loss or damage (for which PICKFORD & CO. hold themselves accountable) will be allowed, unless made within Three Days after the delivery of Goods.
The delivery of the Goods will be considered complete when the same are unloaded out of the Waggon, Dray, or Cart, and placed at the door of the Consignees; the cellaring or warehousing them afterwards will be at the Owner’s risk. Where Goods are consigned to places beyond the limits of PICKFORD & CO.’s own conveyances, they will not be answerable for the loss, damage, detention, 01 otherwise, in respect of them, beyond such limits where the Goods will be forwarded to their destination by the usual conveyance, unless ordered by any particular Carrier. All Empties not taken away within one month alter their arrival will be sold to defray expenses.
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N.B.-The above conditions apply to all Goods received by PICKFORD & CO. at their respective Offices and Warehouses, or elsewhere.
The Great Northern Railway Company give Public Notice that they hold themselves entirely relieved from loss or damage done to all goods, matters, or things, described in the Act of William IV., cap. 68, unless the particular articles be declared, and an assurance over and above the carriage be paid as compensation for the risk incurred.
That with respect to any animals, luggage, or goods booked through, and to be carried partly by railway and partly by sea, or partly by canal and partly by sea, the Company shall be exempted from liability for any loss or damage which may arise during the carriage of any such animals, luggage, or goods by sea, from the act of God, the King’s enemies, fire, accidents from machinery, boilers and steam, and all and every other dangers and accidents of the seas, rivers, and navigation of whatever nature and kind so ever, in the same manner as if the Company had signed and delivered to the consigner a bill of lading containing such conditions.
That no claim for loss or damage for which they may be liable will be allowed, unless the same be made within three days after delivery of the goods; such delivery to be considered complete when notice of arrival is sent to the consignee, or, if the goods be carted by the Company when they are unloaded at the door of the consignee’s place of abode or business.
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That all goods conveyed-but which the Company have not undertaken to deliver-must be removed from the Company’s trucks within forty-eight hours after notice of arrival is sent to consignee, or they will, after the expiration of that time, be subject to an additional charge, beyond the amount due for carriage thereof, of three shillings per truck per day, or part of a day, for demurrage of such truck, and be held by the Company- not as common carriers, but as warehousemen-at owner’s sole risk.
That consignors ordering trucks and not loading them, or having loaded them, failing to order them away within forty-eight hours after such trucks shall be ready for loading at the Station, will be subjected to a charge of three shillings per truck per day, for demurrage thereof, for every day or fraction of a day they shall be detained after the expiration of such forty- eight hours.
That they do not undertake, except on special conditions, the carriage of gunpowder, lucifer matches, aquafortis, oil of vitriol, or other dangerous article, neither will they, under any circumstances, be liable for the loss of any such article; but all senders thereof will be held accountable for any damage arising thereto or there from, and whether to other goods or property of the Company, or of any other person.
Senders of such goods are subject to a Penalty of Twenty Pounds, unless the nature of the contents be declared and distinctly marked on the outside of the package containing the same.
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That all goods delivered to the Company will be received and held by them, subject to a general lien for money due to them, whether for carriage of such goods, or for other charges, and in case the general lien is not satisfied, within a reasonable time from the day when the Company first received the goods, the same will be sold by the Company by auction or otherwise, and the proceeds of sale applied to the satisfaction of such lien and expenses.
All perishable Articles refused by the person, or at the place to which directed, or directed to a place not known to the Company’s agents or servants, or not directed and, or not paid for and taken away within six hours after arrival, if addressed to be kept till called for, will be forthwith sold by auction or otherwise, without any notice to sender or consignee, and payment or tender of the net proceeds of any such sale, after deduction of freight, charges, and expenses, shall be accepted as equivalent to delivery.
The Company will not be responsible for any claim upon any such articles on the ground of loss of market, provided the same be delivered within a reasonable time after they come into the possession of the Company.
In the event of the loss of any property for which the Company may be responsible, the value or cost thereof at the time of forwarding is to be taken as the measure of damage.