along the said Roads, or any of them, or any Part or Parts thereof XI. And be it further enacted, That during so long as any new Piece of Road to be made under the Provisions herein-before contained, or any other new Piece or Pieces of Roads made or repaired, or to be made or repaired, under the Powers of the several herein-before recited Acts, shall be under the Care and Management of the said Commissioners acting in the Execution of the said recited Act of the Fourth Year of the Reign of His said late Majesty as aforesaid, and shall be repaired, maintained, and supported by them, all the Clauses, Provisions, Powers, Penalties, and Forfeitures contained in an Act made and passed in the Third Year of the Reign of His said late Majesty, intituled An Act to amend the General Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England, and also in another Act made and passed in the Fourth Year of the Reign of His said late Majesty, intituled An Act to explain and amend an Act passed in the Third Year of the Reign of His present Majesty, to amend the General Laws now in being for regulating Turnpike Roads in that Part of Great Britain called England, for the Purpose of preventing or removing Annoyances, Injuries, Nuisances, and Obstructions to or upon Turnpike Roads, shall and they are hereby declared to extend to the said several Pieces of Road; and it shall and may be lawful to and for the said Commissioners acting in the Execution of the said recited Act of the Fourth Year of the Reign of His said late Majesty to put in execution, so far as regards the said new Pieces of Road or any or either of them, all the Powers and Authorities by the said last-mentioned Acts given to and authorized to be executed by Trustees or Commissioners of Turnpike Roads, for the Purposes aforesaid or any of them, as fully and effectually as any Trustees or Commissioners may do under the Authority of the said several Acts or either of them, any Exemption of the said Commissioners or of the Roads under their Care, from the general Operations of the said last-mentioned Acts, notwithstanding. During the Time that any new Piece of Road shall be under the Care of the Commissioners, the Powers and Penalties of 3 G.4. c.126. and 4 G.4. c.96., for preventing Annoyances, shall be extend ed to them. New Pieces of XII. And whereas Two new Pieces of Road have been made ' and completed by the said Commissioners acting in execution Road at Fenny ' of the said recited Act of the Fourth Year of the Reign of His Stratford and 'said late Majesty at Fenny Stratford, and at the Hills called Sandhouse and "Sandhouse and Forty Mile Hills, in the County of Bucks, within Forty Mile Hills to be ‹ the Limits and District of the Hockliffe and Stratford Trust;' made over to Be it further enacted, That from and after the First Day of the Trustees of August next the said new Pieces of Road shall be made over by the Hockliffe the said last-mentioned Commissioners to and vested in the Trus- and Stratford tees acting in execution of an Act passed in this present Session Road, and of Parliament, intituled An Act for the more effectually repairing maintained by and maintaining the Road between Hockliffe in the County of Bed- them. thenceforth ford ford and Stoney Stratford in the County of Buckingham, and shall be from thenceforth maintained, repaired, and supported by such Trustees in the Manner and under the same Powers, Authorities, and Provisions as the old Roads in lieu of which such new Pieces of Road have been made were previously maintained, repaired, and supported. " XIII. ' And whereas a new Piece of Road hath been made and completed by the said last-mentioned Commissioners from the • Coach and Horses Public House in Bilston Street in the Town of Wolverhampton in the County of Stafford to Salop Street in the same Town, within the Limits and District of the Wolverhampton Trust;' Be it further enacted, That from and after the First Day of August next the said last-mentioned new Piece of Road shall (notwithstanding any Provision contained in any Act to the contrary) be made over by the said Commissioners to and vested in the Trustees acting in execution of an Act passed in the Fiftieth Year of the Reign of His late Majesty King George the Third, intituled An Act for enlarging the Term and Powers of Two Acts of His present Majesty, for repairing the Road from Gibbet Lane to Wolverhampton in the County of Stafford, and several other Roads therein described, and for extending the said Road from King's Wood Common to the Turnpike Road leading from Weston-under-Lizard to Newport in the County of Salop; and shall be from thenceforth maintained, repaired, and supported by such Trustees in the same Manner, and under the same Powers, Authorities, and Provisions, as the other Roads within their Trust are repaired, maintained, and supported. XIV. And be it further enacted, That it shall and may be lawful for the Commissioners acting in execution of the said recited Act of the Fourth Year of the Reign of His said late Majesty, and they are hereby empowered, if they shall think it expedient so to do, to contract and agree with the Trustees of any of the respective Trusts under whom the said Roads between London and Holyhead and between London and Liverpool are repaired and maintained, for the Alteration, Repair, and Improvement, by the said Commissioners, of any Part of the said Roads under the Care and Management of such several Trustees; and when any such Agreements shall be made and entered into, the said Commissioners acting in execution of the said recited Act of the Fourth Year of the Reign of His said late Majesty as aforesaid shall direct an Account to be opened in their Books for such Road or Roads so agreed to be altered, repaired, and improved by them; and it shall and may be lawful for the Trustees within whose District such Road or Roads so agreed to be altered, repaired, or improved, shall be situated, and they are hereby empowered, thereupon to pay over and place to such Account of the said Commissioners acting in execution of the said recited Act of the Fourth Year of the Reign of His said late Majesty as aforesaid a Sum equal to the estimated Expence of Commissioners altering, repairing, or improving such Road or Roads; and such in effecting Sum so paid by the said Trustees shall be expended by the said such Repairs Commissioners in altering, repairing, and improving the said Road may exercise as or Roads; and it shall and may be lawful for the said Commissioners, in carrying on and effecting the Alterations, Repairs, and Improvements which shall be agreed to be done by them as afore well the Powers of the recited New Piece of to the Trustees 50 G. 3. c. 56. Commissioners with the Trus tees of any of tween London and between Roads. Roads. said, and in obtaining Materials for the Purpose of making such as those of the Alterations, Repairs, and Improvements, and in all other Matters Acts relating and Things relating thereto, to exercise, enforce, and carry into to the said effect as well the several Powers contained in the said recited Act of the Fourth Year aforesaid, either expressly or by reference to any former Act or Acts, as also all the Powers, Provisions, Enactments, and Regulations in any Act or Acts contained relating to the Road or Roads on which the Alterations, Repairs, or Improvements are agreed to be made, in as full, ample, and efficient a Manner as the same might have been exercised, enforced, and put in execution by the Trustees agreeing with the said Commissioners acting in execution of the said recited Act of the Fourth Year of the Reign of His said late Majesty as aforesaid, in case the Alterations, Repairs, and Improvements of such Road or Roads had been carried on by such Trustees. may before mentioned. XV. Provided always, and be it further enacted, That the said Commissioners Commissioners acting in the Execution of the said recited Act of to make Conthe Fourth Year of the Reign of His late Majesty shall and tracts for the and they are hereby empowered and required to make such Con- Repairs hereintracts and Agreements as they shall think proper with skilful Persons, and their Sureties, for the carrying on, making, and completing any such Alterations, Repairs, and Improvements hereinbefore mentioned, and to appoint such Person or Persons as they shall think proper, who shall from time to time, under such Regulations as the said Commissioners shall direct, draw for the necessary Sums to defray the Expences thereof; and such Payments shall from time to time be placed to the Account of the Trust in the Limits or Districts of which the Expences shall be incurred; and all the said Repairs, Alterations, and Improvements which may be so agreed to be made by the said Commissioners as aforesaid on the said Roads shall be done by Contract, and in no other Way whatever. XVI. And be it further enacted, That a Copy of every such Contract, and the Terms thereof, shall, previously to the same being signed and concluded, together with a Map or Plan of the proposed Alteration or Improvement, be submitted by the said Commissioners acting in execution of the said recited Act of the Fourth Year of the Reign of His said late Majesty to a Committee of not exceeding Five in Number of the Trustees within whose Limits or District the Work specified in such Contract is to be performed, which Committee such Trustees are hereby respectively empowered to elect and appoint. CA P. LXVIII. An Act for the more effectual Protection of Mail Contractors, WH HEREAS by reason of the frequent Practice of Bankers • Waggons, Copies of Con tracts and Plans to be submitted to Trustees of ، Enactment, not restrained by thes phrase 26Lell 353 Mail Contrac- Proprietors, and Carriers not to be liable for Loss of certain Goods above the unless delivered C C C • Waggons, Vans, and other public Conveyances by Land for Hire, • Parcels and Packages containing Money, Bills, Notes, Jewellery, ⚫ and other Articles of great Value in small Compass, much valuable Property is rendered liable to Depredation, and the Responsibility of Mail Contractors, Stage Coach Proprietors, and common Carriers for Hire is greatly increased: And whereas through the frequent Omission by Persons sending such Parcels ' and Packages to notify the Value and Nature of the Contents thereof, so as to enable such Mail Contractors, Stage Coach Proprietors, and other common Carriers, by due Diligence, to protect themselves against Losses arising from their legal Responsibility, and the Difficulty of fixing Parties with Knowledge of Notices published by such Mail Contractors, Stage Coach Proprietors, and other common Carriers, with the Intent to limit such Responsibility, they have become exposed to great and unavoidable Risks, and have thereby sustained heavy Losses;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act no Mail Contractor, Stage Coach Proprietor, or other common Carrier by Land for Hire shall be liable for the Loss of or Injury to any Article or Articles or Property of the Descriptions following; (that is to say,) Gold or Silver Coin of this Realm or of any Foreign State, or any Gold or Silver in a manufactured or unmanufactured State, or any Precious Stones, Jewellery, Watches, Clocks, or Time-pieces of any Description, Trinkets, Bills, Notes of the Governor and Company of the Banks of England, Scotland, and Ireland respectively, or of any other Bank in Great Britain or Ireland, Orders, Notes, or Securities for Payment of Money, English or Foreign, Stamps, Maps, Writings, Title Deeds, Paintings, Engravings, Pictures, Gold or Silver Plate, or plated Articles, Glass, China, 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 Articles or Property aforesaid contained in such Parcel or Package shall exceed the Sum of Ten Pounds, unless at the Time of the Delivery thereof at the Office, Warehouse, or Receiving House of such Mail Contractor, Stage Coach Proprietor, or other common Carrier, or to his, her, or their 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 Articles or Property shall have been declared by the Person or Persons sending or delivering the same, and such increased Charge as hereinafter mentioned, or an Engagement to pay the same, be accepted by the Person receiving such Parcel or Package. When any Parcel shall be II. And be it further enacted, That when any Parcel or Package containing any of the Articles 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 D Mail Contractors, Stage Coach Proprietors, and other common of Charge may Carriers to demand and receive an increased Rate of Charge, to be demanded. be notified by some Notice affixed in legible Characters in some Notice of the public and conspicuous Part of the Office, Warehouse, or other same to be afReceiving House where such Parcels or Packages are received by fixed in Offices them for the Purpose of Conveyance, stating the increased Rates or Warehouses. 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; and all Persons sending or delivering Parcels or Packages containing such valuable Articles as aforesaid at such Office shall be bound by such Notice, without further Proof of the same having come to their Knowledge. increased Rate. III. Provided always, and be it further enacted, That when the Carriers to give Value shall have been so declared, and the increased Rate of Receipts, acCharge paid, or an Engagement to pay the same shall have been knowledging accepted as herein-before 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, acknowledging the same to have been insured, which Receipt shall not be liable to any Stamp Duty; and if such Receipt shall not be given when required, or such Notice as aforesaid shall not have been affixed, the Mail Contractor, Stage Coach Proprietor, or other common Carrier as aforesaid shall not have or be entitled to any Benefit or Advantage under this Act, but shall be liable and responsible as at the Common Law, and be liable to refund the increased Rate of Charge. IV. Provided always, and be it enacted, That from and after the First Day of September now next ensuing 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 Mail Contractors, Stage Coach Proprietors, or other public common Carriers as aforesaid, for or in respect of any Articles or Goods to be carried and conveyed by them; but that all and every such Mail Contractors, Stage Coach Proprietors, and other common Carriers as aforesaid shall from and after the said First Day of September be liable, as at the Common Law, to answer for the Loss of 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 made and given contrary thereto, or in anywise limiting such Liability, notwithstanding. V. And be it further enacted, That for the Purposes of this Act every Office, Warehouse, or Receiving House which shall be used or appointed by any Mail Contractor or Stage Coach Proprietor or other 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 that any One or more of such Mail Contractors, Stage Coach Proprietors, or common Carrier shall be liable to be sued by his, her, or their Name or Names only; and that no Action or Suit commenced to recover Damages for Loss or Injury to any Parcel, Package, or Person, shall abate for the Want of joining any Co proprietor In case of neglect to give Receipt or af fix Notice, the Party not to be entitled to Benefit of this Act. Publication of limit the Li- Every Office used to be deemed a Re ceiving House; and any One Coach Proprietor or Carrier shall be liable to be sued. |