Attorney General v The London and North-Western Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 21 January 1859 |
| Date | 21 January 1859 |
| Court | High Court of Chancery |
English Reports Citation: 70 E.R. 326
HIGH COURT OF CHANCERY
Bond to the Grown. Condition. Forfeiture. Obstruction by a Servant of the Crown. Conveyance of Mails and Post Office Letter - Bags. 1 & 2 Vict. c. 98. Railway Companies
[28] the attorney-general v. the london and north-western eailway company. Jan. 17, 21, 1859. Bond to the Grown. Condition. Forfeiture. Obstruction by a Servant of the Crown. Conveyance of Mails and Post Office Letter-Bags. 1 & 2 Fiat. c. 98. Railway Companies. Upon forfeiture of a bond to the Crown for conveyance of the mails by a railway company, a plea that the company was prevented from performing their obligation by the neglect or default of a servant of the post office would be a good defence at law. And accordingly, under the 13th section of the Act 1 & 2 Viet. c. 98, a railway company was ordered to execute a bond without any proviso protecting them against such an event. Form of bond to be given by railway companies under that section. The Act passed in the first and second year of the Queen, to provide for the conveyance othe mails by [29] railways (1 & 2 Viet. c. 98), empowers the Postmaster-General, by notice in writing under his hand, delivered to any railway company, " to JOHNS. 30. NORTH-WESTERN RAILWAY COMPANY 327 require that the mails or post letter-bags shall, from and after the day to be named in "any such notice (being not less than twenty-eight days from the delivery thereof), be conveyed and forwarded by such company on their railway, either by the ordinary trains of carriages or by special ^trains,,as;need may be, at such -hours or times in the day or night as the Postmaster-General shall direct, together- with the guards appointed and employed by the Postmaster-General in charge thereof, and any other officers of- the post office :" And it enacts that ." thereupon the company shall, from.and after the day to be flamed in such'notice, at their own costs, provide sufficient carriages and engines on such railways for the conveyance of such mails and post letter-bags to the satisfaction of the Postmaster-General; and shall receive, take up, carry and convey by such ordinary or special trains of carriages or otherwise, as need may be, all such mails or post letter-bags as shall for that purpose be tendered to them or any of their officers, servants or agents, by any officer of the post office; and also shall receive, take up, carry and convey in and upon the carriages carrying such mails of post letter-bags the guards in -charge thereof, -and any other officers of the post office; and shall receive, take up, deliver and leave such mails or post letter-bags, guards and .officers, at such places in the line of such railway, on such days, at such hours or times in the day or night, and subject to all sach reasonable regulations and restrictions as to speed of travelling, places, times and duration of stoppages and times of arrival, as the Postmaster-General shall in that behalf from time to time order or direct." By the 13th section the Postmaster-General is em-[30]-powered "to require any railway company to give security by bond to the Crown, conditioned to be void if such company shall from time to time carry or convey, or caused to be carried or con-.veyed, all such mails or post letter-bags, mail guards ajid other officers of the post office, mail-coaches, carts and carriages in manner thereinbefore mentioned, when thereunto required by the Postmaster-General or any officer of the post office duly authorised for that purpose; and shall receive, take up, deliver and leave all such mails or post letters-bags, guards and officers, mail-coaches, carts and carriages at such places, at such times, on such days, and subject to such regulations and restrictions as to speed of travelling, places, times and duration of stoppages, as thereinbefore mentioned; and shall obey, observe and perform all such regulations respecting the same as the Postmaster-General shall reasonably make ; and shall well and truly do and perform, and cause to be done and performed, all such other acts, matters and things as by the Act are required or directed to be done or performed by or on the part or behalf of such company, their officers, servants and agents :" And it enacts, " that every such bond shall be taken in such sum and in such form as the Postmaster-General shall think proper." On the 20th of June 1856 the Postmaster-General gave notice to the Defendants that, in pursuance of the powers vested in him by the...
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