242 EAILWAY AND CAXAL TEAFFIC ACT. 



saying what the terms were, there would have been in each case good 

 evidence of an agreement between the parties. The 4th section of tlie 

 Carriers' Act (11 Geo. IV. and 1 Will IV. c. ^^) provides that public 

 notices should no longer be of avail. It used to be a constant 

 question whether knowledge of a public notice was brought home to 

 the party sending the things to be carried : to prevent which question 

 the above proviso was made in the act. But that section does not 

 afl'ect section G, by which every carrier is left free to make a special 

 agreement with the party sending goods. Assuming the defendants 

 to be common carriers in the widest possible sense, I think that is a 

 special contract under section G, and that the defendants are protected 

 by it." 



The RaUwaij and Canal Traffic Act {11 & 18 Vict. c. 31) came into 

 operation in July, 1854. It was enacted by section 7 that every rail- 

 way or canal, or railway and canal company, " shall be liable for the 

 loss of, or for any injury done to any horses, cattle, or other animals, 

 or to any articles, goods, or things, in the receiving, forwarding, 

 or delivering thereof, occasioned by the neglect or default of such 

 company or its servants, notwithstanding any notice, condition, or 

 declaration made and given by such company contrary thereto or in 

 any wise limiting such lialjility, every such notice, condition, or declara- 

 tion being hereby declared to be null and void : Providetl always tliat 

 nothing herein contained shall he construed to 2^revent the said companies 

 from malting such conditions with resj^cct to the receiving , forwarding, and 

 delivering of any of the said animals, articles, goods, or things, as shall he 

 adjudged hy the Court or judge lefore whom any question relating thereto 

 shall he tried to he just and rcasonahle." The section further declares 

 that the company are not to be hable beyond a limited amount, to wit, 

 £50 for a horse, £15 per head for neat cattle, £2 per head for sheep or 

 pigs, unless the value is declared at the time of the delivery, and .an 

 extra payment made, proof of the value to lie on the person claiming 

 compensation ; and no special contract is to be binding unless signed 

 by him, or the person delivering such animals, articles, goods, or things 

 respectively for carriage. 



This section underwent much discussion in the Court of Common 

 Pleas in Simons v. The Great Western JRailuwj Company. It is for 

 the Court to say, iqwn the ivhole matters hrougld lefore them, U'hether or 

 not //(c " condition " or "special contract" is just and reasonahle (ih.). 

 A condition " that no claim for damage will be allowed unless made 

 within three days after the delivery of the goods, nor for loss, unless 

 made within three days of the time that they should be delivered," is 

 just and reasonable (ih.) ; and so is a condition that in the case of 



