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Carriers and Innkeepers Act 1958

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Carriers and Innkeepers Act 1958Carr

    Version No. 031

    Carriers and Innkeepers Act 1958

    Act No. 6214/1958

    Version incorporating amendments as at 1 July 1997

    TABLE OF PROVISIONS Section Page

    1. Short title and commencement 1 2. Repeal 1 Carriers 2 3. Liability for goods 2 4. Increased rate may be charged 3 5. Carriers to give receipts 4 6. No other notice to limit the liability 4 7. Liability to be sued 5 8. Not to affect special contracts 5 9. If lost extra charge to be refunded 6 10. Criminal acts not to be protected 6 11. Declared value not to be measure of damages 6 12. Carriers and forwarding agents to be liable unless otherwise

    agreed 7

    13;25. Repealed 7

    Innkeepers 9 26. Definitions 9 27. Meaning of inn and guest 9 28. Liability for damage to property 10 29. Exclusion of liability in certain cases 10 30. Limitation of liability in certain cases 10 31. Abolition of innkeeper's lien on property 12

    __________________

    SCHEDULES 13 SCHEDULE 1Repeals 13

    SCHEDULES 2, 3Repealed 13

    SCHEDULE 4Loss of or Damage to Guests' Property 14

    ???????????????

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    Section Page ENDNOTES 15 1. General Information 15 2. Table of Amendments 16 3. Explanatory Details 17

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    Version No. 031

    Carriers and Innkeepers Act 1958

    Act No. 6214/1958

    Version incorporating amendments as at 1 July 1997

    An Act to consolidate the Law relating to Carriers Innkeepers

    and Others.

    BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

     1. Short title and commencement

    This Act may be cited as the Carriers and

    Innkeepers Act 1958, and shall come into

    operation on a day to be fixed by proclamation of

    the Governor in Council published in the

    Government Gazette.

     2. Repeal

     (1) The Acts mentioned in the First Schedule to the

    extent thereby expressed to be repealed are hereby

    repealed accordingly.

     (2) Except as in this Act expressly or by necessary

    implication provided

     (a) all persons things and circumstances

    appointed or created by or under the repealed

    Acts or existing or continuing under any of

    such Acts immediately before the

    commencement of this Act shall under and

    subject to this Act continue to have the same

    status operation and effect as they

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Carriers and Innkeepers Act 1958

    s. 3 Act No. 6214/1958

    respectively would have had if such Acts had

    not been so repealed;

     (b) in particular and without affecting the

    generality of the foregoing paragraph such

    repeal shall not disturb the continuity of

    status operation or effect of any order

    authority application determination licence

    bond recognisance declaration agreement

    certificate appeal condition notice liability or

    right made effected issued granted given

    presented passed fixed accrued incurred or

    acquired or existing or continuing by or

    under any of such Acts before the

    commencement of this Act.

    Carriers

    Heading 3. Liability for goods preceding s. 3 inserted by No. 7971 s. 4.

    Nos 3650 s. 3, No mail contractor stage-coach proprietor or 4636 s. 2, 5267 common carrier by land for hire shall be liable for ss 2, 3 (2)(a).

    the loss of or injury to any article or articles of property of the descriptions following (that is to say), gold or silver coin of Victoria or of any part of Her Majesty's dominions 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 Australian notes within the meaning of the Commonwealth Act known as 1the Commonwealth Bank Act 1945-1953 or any

    amendment or re-enactment thereof notes of any bank in Her Majesty's dominions or of any foreign bank orders notes or securities for payment of money whether foreign or otherwise stamps maps writings title-deeds paintings engravings pictures gold or silver plate or plated articles glass china

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Carriers and Innkeepers Act 1958

    s. 4 Act No. 6214/1958

    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 has 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 exceeds the sum of $20, unless at the time of the delivery thereof at the office warehouse or receiving-house of such mail contractor stage-coach proprietor or common carrier or to his her or their bookkeeper 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 have been declared by the person sending or delivering the same as the case may be, and such increased charge as hereinafter mentioned or an engagement to pay the same is accepted by the person receiving such parcel or package.

    Nos 3650 s. 4, 4. Increased rate may be charged 5267 s. 3(2)(b).

    When any parcel or package containing any of the articles above specified is so delivered and its value and contents declared as aforesaid and such value exceeds the sum of $20, it shall be lawful for such mail contractor stage-coach proprietor or common carrier to demand and receive an increased rate of charge, to be notified by some notice affixed in legible characters in some public and conspicuous part of the office warehouse or other receiving-house where such parcels or packages are received by such mail contractor stage-coach proprietor or common carrier for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the

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Carriers and Innkeepers Act 1958

    s. 5 Act No. 6214/1958

    ordinary rate of charge as a compensation for the greater risk and care to be taken for the conveyance of such valuable articles; and all persons sending to or delivering at such office warehouse or other receiving-house parcels or packages containing such valuable articles as aforesaid shall be bound by such notice without further proof of the same having come to their knowledge.

    Nos 3650 s. 5, 5. Carriers to give receipts 5267 s. 3(2)(c).

    When the value has been so declared and the increased rate of charge paid or an engagement to pay the same has been accepted as hereinbefore 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; and if such receipt is not given when required or such notice as aforesaid has not been affixed, the mail contractor stage-coach proprietor or 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

    Nos 3650 s. 6, 6. No other notice to limit the liability 5267 s. 3(2)(d).

    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 contractor stage-coach proprietor or common carrier as aforesaid for or in respect of any articles or goods sent or delivered as aforesaid; but all such mail contractors stage-coach proprietors and common carriers as aforesaid shall be liable as at the common law to answer for the loss of or any injury to any articles and goods in respect whereof

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Carriers and Innkeepers Act 1958

    s. 7 Act No. 6214/1958

    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.

    No. 3650 s. 7. 7. Liability to be sued

    For the purpose of this Act every office warehouse or receiving-house which is used or appointed by any mail contractor 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 co-proprietor or co-partner in such mail stage-coach or other public conveyance by land for hire as aforesaid.

    Nos 3650 s. 8, 8. Not to affect special contracts 5267 s. 3(2)(e).

    Nothing in this Act contained shall extend or be construed to annul or in any wise to affect any special contract between such mail contractor stage-coach proprietor or common carrier and any other parties for the conveyance of goods and merchandises; but no such special contract shall be binding upon or affect any such party unless the same is signed by him or by the person sending or delivering such goods and

    merchandises as the case may be.

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Carriers and Innkeepers Act 1958

    s. 9 Act No. 6214/1958

    Nos 3650 s. 9, 9. If lost extra charge to be refunded 5267 s. 3(2)(f).

    Where any parcel or package has been delivered at any such office and the value and contents declared as aforesaid and the increased rate of charge been paid and such parcel or package has 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 charge so paid as aforesaid in addition to the value of such parcel or package.

    Nos 3650 10. Criminal acts not to be protected s. 10, 5267 s. 3(2)(g). Nothing in this Act shall be deemed to protect any S. 10 mail contractor stage-coach proprietor or common amended by No. 9576 carrier for hire from liability to answer for loss of s. 1(1). or injury to any goods or articles whatsoever arising from the criminal acts of any coachman guard bookkeeper porter or other servant in his her or their employ; nor to protect any such coachman guard bookkeeper porter or other servant from liability for any loss or injury occasioned by his her or their own personal neglect or misconduct.

    Nos 3650 11. Declared value not to be measure of damages s. 11, 5267 s. 3(2)(h). Such mail contractors stage-coach proprietors or common carriers for hire shall not be concluded as to the value of any such parcel or package by the value so declared as aforesaid, but shall in all cases be entitled to require from any party suing in 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 charge as hereinbefore mentioned.

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Carriers and Innkeepers Act 1958

    s. 12 Act No. 6214/1958

     12. Carriers and forwarding agents to be liable unless No. 3650 s. 12.

    otherwise agreed

    Any carriers' agent forwarding agent or other person undertaking for reward to deliver any goods to a carrier by land for hire for the purpose of carriage or to procure any carrier by land for hire to carry such goods shall be deemed to have received such goods to 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 has so undertaken it has been expressly agreed in writing between him and the person by whom he is 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 has been employed as the case may be or upon the performance of such other conditions as are mutually agreed upon in writing between him and the person by whom he has been so employed, and unless he has truly entered in a book to be kept by him the name of such carrier and the number of his licence.

    S. 13 * * * * * repealed by No. 8534 s. 2.

    S. 14 * * * * * amended by Nos 7876 s. 2(3), 8181 s. 2(1), repealed by No. 8534 s. 2.

    S. 15 * * * * * amended by No. 7876 s. 2(3), repealed by No. 8534 s. 2.

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    Carriers and Innkeepers Act 1958

    s. 16 Act No. 6214/1958

     * * * * * S. 16 amended by No. 7876 s. 2(3), repealed by No. 8534 s. 2.

S. 17 * * * * * amended by No. 7876 s. 2(3), repealed by No. 8534 s. 2.

Ss 18 and 19 * * * * * repealed by No. 8534 s. 2.

    S. 20 * * * * * amended by No. 7876 s. 2(3), repealed by No. 8534 s. 2.

S. 21 * * * * * repealed by No. 8534 s. 2.

    S. 22 * * * * * repealed by No. 8247 s. 5.

    S. 23 * * * * * amended by No. 8247 s. 5, repealed by No. 8534 s. 2.

    S. 24 * * * * * repealed by No. 8534 s. 2.

    S. 25 * * * * * amended by No. 7705 s. 10, repealed by No. 8534 s. 2.

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