Common Carriers Act 1874 (Tas)

Common Carriers Act 1874

An Act for the more effectual protection of common carriers for hire against the loss of or injury to goods delivered to them for conveyance or custody [Royal Assent 18 September 1874]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Common Carriers Act 1874 .

2. Interpretation In this Act, unless the contrary intention appears – common carrier includes mail contractors, stage coach proprietors, railway companies, and carriers by railway or tramway; office includes warehouse, booking-office, and receiving house; railway company includes the manager of any railway or tramway constructed or carried on under the powers of any Act.

3. Carriers not liable for loss in certain cases No common carrier by land for hire shall be liable for the loss of or injury to any article or property consisting of – (a) gold or silver coin of the Realm, or of any foreign state; (b) gold or silver in a manufactured or unmanufactured state; gold or silver plate, or plated articles, precious stones, jewellery, trinkets; (c) watches, clocks, or time-pieces of any description; (d) bills of exchange, promissory notes, bank notes, or other securities for the payment of money, or stamps; (e) maps, writings, title deeds, paintings, engravings, pictures; (f) glass or china; or (g) 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 property contained in such parcel or package exceeds the sum of $20, unless at the time of the delivery thereof at the office of such common carrier, or to his 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 property have been declared by the person sending or delivering the same, and such increased charge as hereinafter mentioned, or engagement to pay the same, be accepted by the person receiving such parcel or package.