10470. Notice of Being Full.—If the next conveyance is already full at the time goods are offered for such conveyance, it is his duty to refuse such goods unless the sender says he is willing for them to wait until there is room; consequently,

DELIVERY.

10471. It is the duty of a common carrier in all ordinary cases to deliver goods at their destination at the usual time of arrival of the next conveyance leaving after receiving the goods; and

10472. Regular Times.—When a person has been in the habit of employing a common carrier to convey goods for delivery at certain defined times, the obligation of such carrier to exert himself to ensure delivery accordingly is very distinct; thus,

10473. Newspapers.-When parcels of newspapers and other goods, the value of which is dependent upon time, are delivered to a common carrier from day to day, or one day in every week, for a certain destination at a certain time, the carrier is bound to the time which custom may have established; for,

10474. If I deliver a parcel every day at half-past five to a railway company, and it arrives at its destination every morning at eight, and the process goes on for any considerable period, the railway company are impliedly bound to continue delivering at eight, unless they have given notice of a change of trains or other lawful interference with the established usage; and

10475. If I deliver five or fifty parcels to a railway company at the same time, for the same train, addressed to five or fifty different persons in the same town, and four or forty of such parcels are promptly conveyed or delivered, and one or ten are not promptly delivered, the liability of the company for damages in respect of such one or ten parcels will be enhanced by the relative disadvantage at which the one or ten parties are placed.

REASONABLE TIME.

10476. In the absence of any usage calculated to define the time within or when parcels or goods should be delivered, reasonable time must be allowed for the transit according to the circum

stances.

Ic477. Carelessness.—The carrier is in all cases liable for delay arising from carelessness, neglect, or indifference; but,

10478. Extraordinary Efforts. He is not bound to use extraordinary efforts to surmount unforeseen obstacles, especially if they arise from "the act of God" (10487); and

10479. Danger.-If, for any cause, it becomes necessary to proceed slowly, or to incur delay, in order to avoid justly anticipated danger, the carrier is justified; and

10480. Delays.-Though an ordinary accident or other catastrophe will not exonerate a carrier for the destruction of or injury to goods in transit (10483), such an event will exonerate him for delay, if he uses reasonable diligence to restore or deliver as early as he can ; notwithstanding,

10481. Time Contracts.-If a carrier makes a special contract, whereby he stipulates for delivery at or within a time expressly named, then an accident will not exonerate him.

ABSOLUTE INSURANCE.

10482. The liability of carriers is by no means confined to merely receiving and conveying goods; for

10483. During Custody.-Every common carrier who receives goods for conveyance becomes the responsible insurer thereof while they are in his custody (10608); consequently,

10484. Entire Liability.-If, while a carrier is in possession of goods, they are destroyed or injured by water or fire, the carrier is liable; and

10485. Fire.-Though the fire, or other injurious matter which damages or destroys goods in the hands of a common carrier, may be purely accidental, unforeseen, and entirely beyond the possible anticipation or care of the carrier, still he is wholly and fully liable; and

10486. Theft.-If goods are stolen while in possession of a common carrier, such common carrier is liable, no matter under what circumstances the thef ttook place, or whether by cunning or violence.

10487. "Acts of God."-The only cases in which a common carrier can be exonerated for the loss, injury, or detention of goods in his possession, are when the mischief arises from what is legally called "the act of God"; or,

10488. Enemies of the Crown.-By seizure in time of war by enemies of the crown; hence,

10489. Lightning or Earthquake.-If goods in possession of a carrier are injured by lightning or earthquake, the carrier is exonerated if he does his best to mitigate the calamity; but,

10490. Preventable or Not,-As a general rule, if goods in possession of a carrier are injured by a railway accident, accidental fire, or other cause, except lightning, earthquake, or other "act of

God," the carrier is liable, whether the cause was preventable or

not.

ENEMIES OF THE CROWN.

10491. Practically Unknown.-Happily for English carriers, as well as for their customers, seizure of goods by "enemies of the crown" is practically unknown; but,

10492. Foreign Enemies.-"Enemies of the crown," as applied to carriers, include only foreign enemies; so that,

10493. Riots. If goods in transit are injured or lost by reason of a popular riot, or a domestic or civil insurrection, the carrier is not in the least exonerated.

CARRYING BY SEA.

10494. Carrying by sea is subject to so many peculiarities that it cannot be dealt with comprehensively here.

QUALIFIED LIABILITY.

10495. Strictly Defined.-Special Acts of Parliament qualify the liability of common carriers in certain strictly defined cases; thus,

SPECIAL GOODS.

10496. When gold or silver (10503), precious stones, jewellery, watches, clocks, trinkets (10500), bank and bankers' notes, bills (10504), notes, orders and securities for money, stamps, maps, writings, title-deeds, pictures, paintings, engravings, plated articles, glass, china, silks, raw or manufactured (10497), furs (10506), or lace (10507) to a value exceeding £10, are delivered to a carrier for conveyance, his liability is limited (10516) unless at the time of such delivery the value is declared.

10497. Mixed Goods.-When silk or other special goods are mixed or interwoven with other goods not specialized, the whole mixture or fabric is subject to special provisions; but,

10498. Open to Disputes.-Experience has proved that mixed goods are open to much dispute with reference to the liability involved; and in like manner,

10499. Disputed Definitions.-Disputes may arise as to the definition of special goods.

TRINKETS.

10500. It is decided that everything susceptible of being called a trinket which has ornament for its primary object is a trinket within the provisions of the statute; therefore,

10501. Shirtpins, bracelets, finger and ear rings, brooches, are trinkets, irrespective of the material of which they are made.

10502. As a general rule, personal objects, such as fans, purses, smelling-bottles, and similar articles, if ornamental in their character, are trinkets within the provisions; but,

10503. Fusee boxes of German silver have been decided not to be trinkets.

BILLS.

10504. It has been decided that an accepted but not drawn bill is not within the statute; so that it may be presumed,

10505. A drawn but not accepted bill, if drawn expressly for acceptance (5946), is not within the statute.

HATS.

10506. Hat bodies, partly of fur and partly of wool, cannot be included in the category of furs.

LACE.

10507. The lace contemplated in the list of special goods refers exclusively to hand-made lace;

10508. Machine lace is subject only to the common law of unlimited liability.

ANIMALS.

10509. When carriers convey animals of any kind their liability is limited; namely,

10510. To £50 for every horse;

10511. To £15 for every head of cattle; and

10512. To £2 for every sheep or pig ;

DECLARATION OF HIGHER VALUE.

10513. Unless any such animal is expressly and formally declared by the sender to be of greater value; it is true that,

10514. The immunities of carriers, with reference to excessive undeclared value of animals, only apply, strictly speaking, to railway and canal companies; but,

10515. As common carriers other than those by railway or canal never carry animals, the distinction need only be mentioned in passing.

PREPAYMENT.

10516. When an animal or a parcel of special goods (10496) is tendered to a carrier for conveyance, and the value is declared to be

above the limits respectively provided by the statutes, it is lawful for such carrier to require prepayment of carriage, at an increased rate; but,

10517. Exhibited Tariff.-The increased rate of carriage which a carrier is entitled to charge for the conveyance of valuable animals and special goods, is limited to the tariff of charges which may at the time be duly exhibited in the carrier's office or place of business where the tender is made; and

10518. If it appears that there was at the time no such tariff conspicuously exhibited in such office or place of business, the consignor is entitled to recover any extra amount he may be induced to pay over and above ordinary carriage.

10519. Neglect of Carrier.-Should an animal or a parcel of special goods be delivered for conveyance to a carrier or his agent, and a declaration of excessive value is duly made, and the carrier or his agent neglects to demand any extra payment, and consequently no extra payment is made or agreed for, the carrier is as liable as though the extra payment had been actually made; so that,

10520. Declaration Sufficient.-When a person delivers to a carrier an animal or special goods of greater value than the limit respectively provided by statute, it is sufficient that he distinctly and formally declares the value; for,

10521. Payment not Essential.—When a person, upon delivering to a carrier an animal or special goods of greater value than the limit respectively provided by the statute, has duly declared the value, it is not essential to his security that he should pay the carriage, or any increased rate or portion thereof, unless it is demanded of him; though common prudence would suggest the propriety of so doing, as a proof of the declaration; for,

10522. Compulsory Receipt.-Upon payment to a carrier of an increased rate of carriage in respect of an animal or special goods of greater value than the limit respectively provided by statute, the sender is legally entitled to demand, and the person receiving the money is expressly bound to give, a receipt acknowledging the payment, and that the payment is in the nature of an insurance upon the animal or special goods respectively; but,

10523. Exempt from Stamp Duty.-It is expressly enacted that a receipt from a carrier for money paid as an insurance during transit of an animal or property of excessive value, is not liable to stamp duty, though it should be for an amount of £2 or upwards.

10524. Complete Liability.-When a carrier has received an animal or a parcel of special goods (10496), concerning which a

1