22 VICTORIA, under this Act, but shall be liable and responsible as at the common law and be liable to refund the increased rate of charge. No. 78. No other notices to limit the liability. 11 Geo. IV. & 1 Will. IV. c. 68 s. 4. Every office to be sued. Ib. s. 5. 4. On and from the expiration of one month next after the passing of this Act no public notice or declaration heretofore made or hereafter to be made shall be deemed or construed to limit or in anywise affect the liability at common law of any such innkeeper mail contractor stage-coach proprietor or common carrier as aforesaid for or in respect of any articles or goods brought sent or delivered as aforesaid; but all such innkeepers mail contractors stage-coach proprietors and common carriers as aforesaid shall from and after the expiration of the said month 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 notice or declaration by them respectively made and given contrary thereto or in any wise limiting such liability notwithstanding. 5. For the purpose of this Act every office warehouse or receiving-house receiving-house which shall be used or appointed by any mail conand one partner tractor or stage-coach proprietor or such common carrier as aforesaid for the receiving of parcels to be conveyed as aforesaid shall be deemed and taken 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 shall 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 coproprietor or co-partner in such mail stage-coach or other public conveyance by land for hire as aforesaid. Not to affect contracts. Ib. s. 6. In case of loss Felonious acts not to be protected. Ib. s. 8. 6. Nothing in this Act contained shall extend or be construed to annul or in anywise to affect any special contract between such innkeeper mail contractor stage-coach proprietor or common carrier and any other parties for the custody or conveyance of goods and merchandises; but no such special contract shall be binding upon or affect any such party unless the same be signed by him or by the person bringing sending or delivering such goods and merchandises as the case may be. 7. Where any parcel or package shall have been brought to any such inn or delivered at any such office and the value and contents declared as aforesaid and the increased rate of charges been paid and such parcels or packages 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. 8. Nothing in this Act shall be deemed to protect any innkeeper mail contractor stage-coach proprietor or common carrier for hire from liability to answer for loss of or injury to any goods or articles whatsoever arising from the felonious acts of any waiter chambermaid coachman guard book-keeper porter or other servant in his her or their employ; nor to protect any such waiter chambermaid No. 78. coachman guard book-keeper or other servant from liability for any 22 VICTORIA, loss or injury occasioned by his her or their own personal neglect or misconduct. of damages. Will. IV. c. 68 9. Such innkeepers mail contractors stage-coach proprietors or Declared value common carriers for hire shall not be concluded as to the value of not to be measure any such parcel or package by the value so declared as aforesaid, but 11 Geo. IV. & 1 shall in all cases be entitled to require from any party suing in .9. 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 herein before mentioned. to be liable as unless they give 10. Any carrier's agent forwarding agent or other person under- Carriers and fortaking for reward to deliver any goods to a carrier by land for hire warding agents for the purpose of carriage or to procure any carrier by land for hire common carriers to carry such goods shall be deemed to have received such goods to notice. be carried by himself, and may be sued in like manner as if he had actually undertaken to carry such goods as a common carrier for hire, unless before or at the time at which he shall have so undertaken it shall have been expressly agreed in writing between him and the person by whom he shall be employed that he shall not be so liable and that his liability shall cease upon his delivering such goods to any licensed carrier or upon his procuring a licensed carrier to carry such goods and making the same known to the person by whom he shall have been employed as the case may be or upon the performance of such other conditions as shall be mutually agreed upon in writing between him and the person by whom he shall have been so employed, and unless he shall have truly entered in a book to be kept by him the name of such carrier and the number of his license. riers to be liable 11. Any person not being a body corporate who shall after Unlicensed carthree months from the passing of this Act carry on business as a to a penalty. carriers' agent forwarding agent or carrier by land for hire,(a) without having obtained a license as hereinafter provided, shall be liable to a penalty not exceeding fifty pounds, and in default of such payment shall be liable to imprisonment for a period not exceeding three months. 12. Every person desirous of carrying on business as a carrier carriers to be by land for hire shall produce to any two justices in any court of licensed. petty sessions assembled a certificate signed by two respectable householders whose businesses and places of residence shall be therein stated attesting that the person so applying is of good character and reputation and is a fit person to be licensed to carry on business as a carrier; and such justices may examine upon oath (a) R. sued M. for the value of work and labor done in the carriage and delivery of goods. M. pleaded that the work and labor was done by plaintiff "as a carrier by land for hire within the colony of Victoria" and that plaintiff was not licensed to "carry on business as a carrier" under this Act. R. replied that the work was done under a special contract. On demurrer to the replication it was held that this Act requires carriers generally to take out licenses, and is not limited to the class known to the common law as "common carriers:" that though a common carrier who enters into a special contract for the carriage of goods ceases to be a common carrier, quoad such contract, yet a carrier within the meaning of this Act may enter into a special contract for carriage and still continue a carrier quoad the subject matter of that contract. Therefore, judgment for the defendant.-Renwick v. McCulloch, 1 W., W., & a'B. (L.), 48. No. 78. 22 VICTORIA, the person so applying and any other witnesses who may appear before them as to the character and the respectability of such person and householders and as to such other particulars as they shall think fit, and shall, if satisfied of the identity of such person and that he is a fit person to be entrusted with a license, grant him upon payment of the sum of one shilling a license to carry on business as a carrier which shall continue in force for one year from the time of the granting thereof; and a separate license shall be taken out for every wagon cart dray or other vehicle used by a carrier in the way of his business; and every such license shall be numbered and shall contain a description of the age height and personal appearance of the person to whom the same shall be granted and shall be signed by the justices by whom the same was granted; and the clerk of the court of petty sessions at which the same was granted shall make a copy of such license in a book, which shall be open for inspection upon payment of a fee of one shilling; and every such license may be in the form contained in the First Schedule annexed to this Act. 13. Every person desirous of carrying on business as a carriers' agent or forwarding agent shall give seven days' notice to the clerk notice of applica of the court of petty sessions holden nearest to one of the places where such person shall purpose to carry on his said business of his intention to apply for a license; and such notice shall be signed by six respectable householders, whose businesses and places of residence shall be therein stated, and who shall in such notice attest that the person so applying is of good character and reputation and is a fit person to be licensed to carry on business as a carriers' agent and forwarding agent. First Schedule. Carriers' agents and forwarding agents to give tion for license. Carriers' agents and forwarding agents to be licensed. 14. The justices at such court of petty sessions may examine upon oath the person so applying and any other witnesses who may appear before them as to the character and the respectability of such person and householders and as to such other particulars as they shall think fit, and shall, if satisfied that he is a fit and proper person to be entrusted with a license to carry on business, grant him on payment of the sum of twenty pounds a license as a carriers' agent and forwarding agent at such place or places as shall be named in such license; and such license shall be signed by the justices by whom the same was granted, and shall continue in force for one year from the time of the granting thereof, and may be in Second Schedule. the form contained in the Second Schedule annexed to this Act. Place of business 15. It shall be lawful for any person to whom such license as may be changed. last aforesaid shall have been granted at any time or times to apply to any justices in any court of petty sessions assembled for leave to alter such license by inserting therein the names of any other place or places at which such person may propose to carry on his said business, and such justices may cause such alteration to be made accordingly. Forwarding agents to have their names painted on the premises. 16. Every person having obtained such a license as last aforesaid shall cause to be painted, in large legible roman characters over the door or in some other conspicuous portion of the exterior of the premises wherein he shall carry on his said business, his christian name and surname or the name and style of his firm and also the words "licensed forwarding agent;" and in default of so doing, shall be liable to a penalty not exceeding twenty pounds for 22 VICTORIA, every day on which such default shall be made. No. 78. a partnership. 17. It shall not be necessary for two or more persons carrying one license may on business in partnership as carriers or carriers agents or for- be taken out for warding agents to take out a separate license for each member of such partnership, and one license may be granted to all the members of such partnership. 18. It shall be lawful for any two justices in any court of petty Licenses may be sessions assembled, upon the complaint of any person after due cancelled. notice in writing of the time and place at which such complaint will be heard shall have been given to the holder of any such license to carry on business as a carrier or as a carriers' agent and forwarding agent, and after it shall have been proved upon oath to their satisfaction that such holder is not a fit person to continue any longer to hold a license, to order the same to be forfeited and the same shall from the time of such order be void as though the same had never been issued. the words "li 19. Any carrier who shall not cause to be painted in large carriers to paint legible roman letters upon some conspicuous part of every wagon censed carrier" cart dray or other vehicle used by him in the carrying on of such on their drays. business the words "licensed carrier," together with his name at full length and the number of his license, shall be liable for every offence to a penalty not exceeding ten pounds. apprehended. 20. It shall be lawful for any constable, having probable reason Unlicensed for believing that any person is using any wagon cart dray or other carriers may be vehicle in the business of a carrier without having obtained such a license as aforesaid, to apprehend and detain such person until he can be brought before a court of petty sessions. produce their licenses. 21. Any person having obtained a license to carry on business carriers to as a carrier or being employed by and having charge of any wagon cart dray or other vehicle used by such person in the business of a carrier for hire, who shall without reasonable excuse refuse upon demand to produce the same to any constable or to any person having reasonable and proper occasion for requiring to see the same, shall be liable for every such offence to a penalty not exceeding ten pounds, and may be apprehended and detained by such constable or person until he can be brought before a court of petty sessions. 22. Any person who shall not have previously obtained any such Punishment for license or whose license shall have been forfeited or shall have certain frauds. expired without having been renewed, who shall cause to be painted or who shall wilfully or fraudulently keep or continue painted on any premises wagon cart dray or other vehicle used by him in the business. of a carrier for hire or carrying agent or forwarding agent the words "licensed carrier" or "licensed carriers' agent and forwarding agent" or any other words to the like effect, or who shall forge or counterfeit any such license, or who shall fraudulently lend let to hire sell or give any such license to any other person, and any person who shall fraudulently make use of any license granted to any other person, shall be guilty of a misdemeanor; and shall be liable to be imprisoned with or without hard labor for any period not exceeding three years 22 VICTORIA, or to be kept to hard labor on the roads or other public works of the colony for a period not exceeding six years. No. 78. Appeal to general sessions. 14 Vict. No. 6 repealed. 23. Any person who shall feel himself aggrieved by any conviction or order of any justice or justices under this Act may appeal from any such conviction or order to the next court of general sessions of the peace which shall be held nearest to the place where such conviction or order shall have been given or made; and the execution of every such conviction or order so appealed from shall be suspended in case such person shall with two or more sufficient sureties immediately before such justice or justices enter into a bond or recognizance to Her Majesty in the sum of fifty pounds, which bond or recognizance respectively such justice or justices is and are hereby authorised and required to take; and such bond or recognizance shall be conditioned to prosecute such appeal with effect and to be forthcoming to abide the determination of the said court of general sessions and to pay such costs as the said court shall award on such occasion and such court of general sessions is hereby authorised and required to hear and determine the matter of the said appeal, and the decision of such last-mentioned court shall be final to all intents and purposes. 24. [Repealed by 27 Vict. No. 233 s. 2 and re-enacted in s. 64 thereof, "The Criminal Law and Practice Statute 1864," post.] 25. From and after the commencement of this Act an Act of the Governor and Legislative Council of the colony of New South Wales passed in the fourteenth year of the reign of Her present Majesty intituled "An Act to prevent frauds by Carriers and Drovers" shall be and the same is hereby repealed. Section 12. SCHEDULES. FIRST SCHEDULE. CARRIER'S LICENSE. No. the We the undersigned being two of Her Majesty's Justices of the Peace for hereby certify that A.B. was at a court of petty sessions upon the recommendation and upon payment of one holden this day of at of C.D. of |