Common Carriers Act 1902 (NSW)

Common Carriers Act 1902 No 48

An Act to consolidate the enactments regulating the rights and liabilities of Common Carriers by land.

1 Name of Act This Act may be cited as the Common Carriers Act 1902.

2 Repeal The Act mentioned in the First Schedule is to the extent therein mentioned hereby repealed.

3 Definition In this Act unless the context or subject-matter otherwise indicates or requires: Common carrier means a common carrier by land.

4 Carriers not liable for loss of certain goods No common carrier for hire shall be liable for the loss of or injury to any articles or property of the descriptions specified in the Second Schedule contained in any parcel or package which has been delivered either to be carried for hire or to accompany the person of any passenger in any conveyance by land when the value of such articles or property contained in such parcel or package exceeds the sum of twenty dollars unless at the time of delivery thereof at the office warehouse or receiving-house of the carrier or to the carrier's book-keeper 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 articles or property are declared by the person sending or delivering the same and such increased charge if any as hereinafter mentioned or an engagement to pay the same be accepted by the person receiving such parcel or package.

5 Increased charge may be demanded (1) When any parcel or package containing any of the articles specified in the said Schedule is delivered and its value and contents declared as aforesaid and such value exceeds the sum of twenty dollars such common carrier may demand an increased rate of charge. (2) Such increased rate shall be notified by a 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 common carrier 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. (3) All persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office warehouse or other receiving-house shall be bound by such notice without further proof of the same having come to their knowledge.