MOTION FOR A SELECT COMMITTEE. (Hansard, 23 February 1875)

§ MR. JACKSON
, in moving that a Select Committee be appointed "to inquire into the operation of the Act 11 Geo. 4, and 1 Will. 4, c. 68 (commonly known as 'The General Carriers Act, 1830 ')" said, in 1830 an Act of Parliament was passed to put an end to certain evils of which carriers then complained. At that time there were no railways in operation, and all carriers did their business by horse-power. Stage coach proprietors, and other carriers, found that they could not protect themselves against losses from pilfering by loiterers and thieves, and they were driven to give public notices that they would not be liable for valuable parcels, such as bankers' packages, unless special intimation as to the nature and value of the parcel were given. The validity and the effect of those notices gave rise to litigation; and, to prevent this, the Carriers Act was passed. That Bill was introduced on the 25th May, and it be-came law on the 23rd July in the same year. The Bill was brought in by a private Member (Sir. Thomas Acland), and was not founded on a Report of a Committee, or on the opinion of the Law Officers of the Crown. Under it some 23 articles of the more costly descriptions, such as gold and silver, watches, silks, furs, &c, were placed in a separate category, and carriers were relieved from liability for their loss, unless the sender had first declared the nature of the property and paid a sum for insurance, while they were expressly made liable for the loss of all other goods, notwithstanding notice to the contrary. The Act, however, provided that the Common Law liability of the carriers for loss should only be retained where felony on the part of their servants was proved. That Act had not worked well, for the rates of insurance charged and the regulations made were of a prohibitive character. In consequence, great loss ensued to the trade, and especially in the case of Coventry, where the two staple trades were the silk and watch manufactures. The loss in transit of watches during the last 15 months was really formidable, and even the provision that the Company should be liable for the proved felony of their servants had worked very badly, for the subordinate railway officers could not be 789 found to prove a state of facts which would render their employers liable. Further, the Act did not operate fairly towards Railway Companies, which were sometimes unduly exposed to great loss for want of proper care on the part of persons who sent goods in an insecure state. In 1868 the Government of the present Prime Minister actually attempted to deal with that question, admitting that a change in the law was necessary, and he hoped, therefore, his Motion would now be acceded to.

§ SIR CHARLES ADDERLEY
said, the Act of 1830 was clearly not adapted to the existing state of things as regarded either railways or trades. Not only the system of carrying, but also the nature of a large portion of the goods conveyed, had entirely changed in the interval, and an 'alteration of the law had become necessary. The hon. and learned Gentleman had pointed out where the law was inapplicable, unfair, and incomplete, and in many points he (Sir Charles Adderley) agreed that it required revision and alteration to bring it into harmony with the present circumstances of the country. He not only assented to the Motion on the part of the Government, but he thought that the inquiry should take place as soon as possible, and the Government would afford every facility to the hon. and learned Gentleman for that purpose.

MR. STAVELEY HILL
quite agreed with what had been said by his hon. and learned Friend. He (Mr. Staveley Hill) had prepared a Bill on the subject, which he would have asked leave to introduce. However, as his hon. and learned Friend had moved for a Committee, and the Government had assented to its appointment, he would simply express a hope that no question with reference to the rate of insurance would be raised, as he thought it would prevent the Committee from coming to an early conclusion on the subject.