LUGGAGE of travelers, though, in a certain sense, attached to the person, and under one's immediate care, and not paid for separately, is nevertheless protected by the con. tract; and carriers of all kinds are bound to carry luggage safely, and if it is lost, must pay damages for it. Owing to the established rule, that luggage is not paid for sepa rately, it has often been attempted by travelers to abuse this privilege, and carry mer chandise as part of and mixed up with their luggage, in order to escape any separate and extra payment. Most railway companies, accordingly, by their by-laws lix a limit as to weight for this luggage, and it is presumed that luggage consists only of wearing apparel or things for personal use, and not articles of trade intended for sale. Though carriers or railway companies cannot get rid of liability for this luggage by giving any notice or making a by-law to that effect, yet it is competent for all carriers to specify certain articles of merchandise, which, whether they are mixed up with luggage or not, must be separately paid for, otherwise they will not be responsible. Such are gold or
silver in a manulactured state, jewelry, watches, clocks, triukets, stamps, maps, writ ings, title-deeds, paintings, pictures, glass, china, silk, furs, and lace, provided these exceed in value 210. Unless notice of such articles being included in the luggage is given to the carriers or company, and an increased rate paid, they will not be respon sible for the loss. Except, therefore, these excepted articles, the carrier is bound to receive, carry securely, and deliver the luggage of travelers, notwithstanding the trav eler has it in his personal charge. Thus, a railway porter, on the arrival of the train, having carried a traveler's luggage to a cab and lost it in the way, the railway company was held responsible. A carrier has a lieu on the luggage for the fare, if not paid, and can keep it till such fare is paid; but as prepayment is now the universal practice, this remedy is seldom resorted to.