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Parties entitled to

damages for loss may also recover

back extra charges.

Nothing herein to protect felonious acts.

VII. Provided also, and be it further enacted, that where any parcel or package shall have been delivered at any such office, and the value and contents declared as aforesaid, and the increased rate of charges been paid, and such parcels and 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.

VIII. Provided also, and be it further enacted, that nothing in this Act shall be deemed to protect any mail contractor, stage coach proprietor, or other common carrier for hire from liability to answer for loss or injury to any goods or articles whatsoever arising from the felonios acts of any coachman, guard, book-keeper, porter, or other servant in his or their employ, nor to protect any such coachman, guard, bookkeeper, or other servant from liability for any loss or injury occasioned by his or their own personal neglect or misconduct.

Claims to right of

2 & 3 WILL. 4, CAP. 71.

AN ACT for shortening the Time of Prescription in certain Cases. [8th August, 1832.]

WHEREAS the expression "time immemorial, or time whereof the memory of man runneth not to the contrary," is now by the law of England in many cases considered to include and denote the whole period of time from the reign of King Richard the First, whereby the title to matters that have been long enjoyed is sometimes defeated by showing the commencement of such enjoyment, which is in many cases productive of inconvenience and injustice; for remedy thereof be it 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 no claim which may be lawfully made at the common law, by custom, prescription, or grant, to any right of common or other profit or benefit to be taken and enjoyed from or upon any land of our Sovereign Lord the King, his heirs or successors, or any land being parcel of the Duchy of Lancaster or of the Duchy of Cornwall, or of any ecclesiastical or lay by showing the person, or body corporate, except such matters and things as are herein specially provided for, and except tithes, rent, and services, shall, where such right, profit, or benefit shall have been actually taken and enjoyed by any person claiming right thereto without interruption for the full period of thirty years, be defeated or destroyed by showing only that such right, profit, or benefit was first taken or enjoyed at any time prior to such period of thirty years, but nevertheless such claim may be

common and other profits á prendre, not to be defeated after thirty years' enjoyment

commencement:

defeated in any other way by which the same is now liable to be defeated; after sixty and when such right, profit, or benefit shall have been so taken and years' enjoyment the right enjoyed as aforesaid for the full period of sixty years, the right thereto to be absolute, unless had by shall be deemed absolute and indefeasible, unless it shall appear that consent or the same was taken and enjoyed by some consent or agreement expressly agreement. made or given for that purpose by deed or writing.

right of way

twenty years

II. And be it further enacted, that no claim which may be lawfully In claims of made at the common law, by custom, prescription, or grant, to any way or other or other easement, or to any watercourse, or the use of any water, easement the periods to be to be enjoyed or derived upon over or from any land or water of our said Lord the King, his heirs or successors, or being parcel of the Duchy and forty years. of Lancaster or the Duchy of Cornwall, or being the property of any ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before mentioned shall have been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years, but nevertheless such claim may be defeated in any other way by which the same is now liable to be defeated; and where such way or other matter as herein last before mentioned shall have been so enjoyed as aforesaid for the full period of forty years, the right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.

III. And be it further enacted, that when the access and use of light Claim to the to and for any dwelling-house, workshop, or other building shall have use of light enjoyed for been actually enjoyed therewith for the full period of twenty years with- 20 years indefeasible, unless out interruption, the right thereto shall be deemed absolute and inde- shown to have feasible, any local usage or custom to the contrary notwithstanding, been by consent. unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.

mentioned

next before

to which such

IV. And be it further enacted, that each of the respective periods of Beforeyears herein before mentioned shall be deemed and taken to be the period periods to be next before some suit or action wherein the claim or matter to which deemed those such period may relate shall have been or shall be brought into question, suits for claim and that no act or other matter shall be deemed to be an interruption, periods relate. within the meaning of this statute, unless the same shall have been or shall be submitted to or acquiesced in for one year after the party interrupted shall have had or shall have notice thereof, and of the person making or authorizing the same to be made.

Feoffments,

partitions. exchanges,

leases, assignments, and surrenders required (subject to certain exceptions) to be by deed.

When the reversion on a lease is gone the next estate

to be deemed the reversion.

8 & 9 VICT. CAP. 106.

AN ACT to amend the Law of Real Property. [4th August, 1855.]

III. That a feoffment, made after the said first day of October, one thousand eight hundred and forty-five, other than a feoffment made under a custom by an infant, shall be void at law, unless evidenced by deed; and that a partition, and an exchange, of any tenements or hereditaments, not being copyhold, and a lease, required by law to be in writing, of any tenements or hereditaments, and an assignment of a chattel interest, not being copyhold, in any tenements or hereditaments, and a surrender in writing of an interest in any tenements or hereditaments, not being a copyhold interest, and not being an interest which might by law have been created without writing, made after the said first day of October, one thousand eight hundred and forty-five, shall also be void at law, unless made by deed: Provided always, that the said enactment so far as the same relates to a release' or a surrender shall not extend to Ireland.

IX. That when the reversion expectant on a lease, made either before or after the passing of this Act, of any tenements or hereditaments, of any tenure, shall, after the said first day of October, one thousand eight hundred and forty-five, be surrendered or merge, the estate which shall for the time being confer as against the tenant under the same lease the next vested right to the same tenements or hereditaments, shall, to the extent and for the purpose of preserving such incidents to, and obligations on, the same reversion, as, but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the same lease.

17 & 18 VICT. CAP. 31.

Company

to be liable

for neglect

or default

AN ACT for the better Regulation of the Traffic on Railways and
Canals.
[10th July, 1854.]

VII. Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any in the carriage 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 anywise limiting such liability; every such notice, condition, or declaration being hereby declared to be null and void: Provided always, that nothing herein

of goods, notwithstanding notice to

the contrary.

Company not

limited

cases, unless

declared and extra payment

contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, articles, goods, or things, as shall be adjudged by the court or judge before whom any question relating thereto shall be tried to be just and reasonable: Provided always, that no greater to be liable damages shall be recovered for the loss of or for any injury done to any beyond a of such animals, beyond the sums hereinafter mentioned; (that is to amount in say,) for any horse, fifty pounds; for any neat cattle, per head, fifteen certain pounds for any sheep or pigs, per head, two pounds; unless the person the value sending or delivering the same to such company shall, at the time of such delivery, have declared them to be respectively of higher value than made. as above mentioned; in which case it shall be lawful for such company to demand and receive by way of compensation for the increased risk and care thereby occasioned, a reasonable per-centage upon the excess of the value so declared above the respective sums so limited as aforesaid, and which shall be paid in addition to the ordinary rate of charge; and such per-centage or increased rate of charge shall be notified in the manner prescribed in the statute Eleventh George Fourth and First William Fourth, chapter sixty-eight, and shall be binding upon such company in the manner therein mentioned; Provided also, that the Proof of proof of the value of such animals, articles, goods, and things, and the on the person amount of the injury done thereto, shall in all cases lie upon the person compensation. claiming compensation for such loss or injury: Provided also, that no No special special contract between such company and any other parties respecting be binding the receiving, forwarding, or delivering of any animals, articles,goods, or unless signed. things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods, or things respectively for carriage: Provided also, that nothing herein contained shall alter or affect the rights, privileges, or liabilities of any such company under the said Act of the Eleventh George Fourth and First William Fourth, chapter sixty-eight, with respect to articles of the descriptions mentioned in the said Act.

value to be

claiming

contract to

Carriers Act,
Gen. 4, and

Saving of

11

1 Will. 4, c. 68

19 & 20 VICT. CAP. 97.

AN ACT to amend the Laws of England and Ireland affecting Trade and Commerce.

[29th July, 1856.]

for guarantee

III. No special promise to be made by any person after the passing of Consideration this Act to answer for the debt, default, or miscarriage of another person, need not appear being in writing, and signed by the party to be charged therewith or by writing. some other person by him thereunto lawfully authorized, shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.

Innkeeper not to be liable for

loss, &c., beyond

£30, except in certain cases.

Obligation to

of guests for safe custody.

26 & 27 VICT. CAP. 41.

AN ACT to amend the Law respecting the Liability of Innkeepers, and to prevent certain Frauds upon them.

[13th July, 1863.]

WHEREAS it is expedient to amend the law concerning the liability of innkeepers in respect of the goods of their guests in manner hereinafter mentioned: Be it therefore enacted by the Queen'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, as follows; (that is to say),

I. No innkeeper shall, after the passing of this Act, be liable to make good to any guest of such innkeeper any loss of or injury to goods or property brought to his inn, not being a horse or other live animal, or any gear appertaining thereto, or any carriage, to a greater amount than the sum of thirty pounds, except in the following cases; (that is to say,)

(1.) Where such goods or property shall have been stolen, lost, or injured through the wilful act, default, or neglect of such innkeeper or any servant in his employ :

(2.) Where such goods or property shall have been deposited expressly for safe custody with such innkeper :

Provided always, that in the case of such deposit it shall be lawful for such innkeeper, if he think fit, to require as a condition of his liability, that such goods or property shall be deposited in a box or other receptacle, fastened and sealed by the person depositing the same.

II. If any innkeeper shall refuse to receive for safe custody, as before receive property mentioned, any goods or property of his guest, or if any such guest shall, through any default of such innkeeper, be unable to deposit such goods or property as aforesaid, such innkeeper shall not be entitled to the benefit of this Act in respect of such goods or property.

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· III. Every innkeeper shall cause at least one copy of the first section of this Act, printed in plain type, to be exhibited in a conspicuous part of the hall or entrance to his inn, and he shall be entitled to the benefit of this Act in respect of such goods or property only as shall be brought to his inn while such copy shall be so exhibited.

IV. The words and expressions hereinafter contained, which in their ordinary signification have a more confined or a different meaning, shall

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