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RAILWAYS CLAUSES CONSOLIDATION ACT 1845 - SECT 101

Differences as to weights, &c.

101. If any difference arise between any toll collector or other officer or
servant of the company and any owner of or person having the charge of any
carriage passing or being upon the railway, or of any goods conveyed or to be
conveyed by such carriage, respecting the weight, quantity, quality or nature
of such goods, such collector or other officer may lawfully detain such
carriage or goods, and examine, weigh, gauge, or otherwise measure the same;
and if upon such measuring or examination such goods appear to be of greater
weight or quantity or of other nature than shall have been stated in the
account given thereof, then the person who shall have given such account shall
pay, and the owner of such carriage, or the respective owners of such goods,
shall also, at the option of the company, be liable to pay, the costs of such
measuring and examining; but if such goods appear to be of the same or less
weight or quantity than and of the same nature as shall have been stated in
such account, then the company shall pay such costs, and they shall also pay
to such owner of or person having charge of such carriage, and to the
respective owners of such goods, such damage (if any) as shall appear to any
justice, on a summary application to him for that purpose, to have arisen from
such detention.

© 1845 Crown Copyright

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