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exact number of days laid under the videlicet. Serjeaunt v. Til

bury, 16 East. 416.

In Smith and Another, q. t. v. Moss. 3 M. & S. 15. The See 57 G. 3. court of K. B. determined that the letting to hire a hearse c. 59. § 23. and four horses by a person licensed to let horses, for the pur- post. pose of conveying a corpse from York to Brecon, to be buried, for which the person letting, charged and received a specific sum for the job, and not after the usual or any certain rate per mile, was not to be liable to the post-horse duty. In this case Le Blanc J. said the 48 Geo. 3. c. 98. § 6. speaks of carriages used in travelling; and can a hearse be called a carriage used in travelling? I cannot so call it, unless it can be shewn that that expression is to be extended to every waggon or carriage, without regard to whether it carries a person or not. Bayley J. said the 25 Geo. 3. c. 51. speaks in several clauses (§ 15. 16. 17.) of the "traveller," as the person to be charged, and who is to do certain things; all of which are inapplicable to a case like the present.

White v. Beazley, 1 B. & A. 166. A coach and horses were hired at Portsea to take a party to the theatre at Portsmouth and to bring back, and a specific sum was charged. The court of K. B. held that this was a letting to hire of horses by the stage, to be used in travelling, and liable to a duty of onefourth of the amount charged, under 48 Geo. 3. c. 98. § 8. So, where a chaise and horses were hired to take a party to dinner, and to bring back.

Mourning coaches hired to take up at a distant place, and to White v. carry thence persons to the place of interment, for which a specific Beazley, sum is charged are liable to the same duty: and such coaches are 1 B. & A. 166. not exempted by reason of carrying a corpse, if living persons go along with it in the carriage. Lord Ellenborough C. J. said "If upon the letting there be a terminus à quo and a terminus ad quem specified, it is a hiring for that space. What is a hiring by the stage, but a hiring for a given space? Then what is the meaning of travelling, but going from one place to another? As to the exemption of hearses, it has been on the ground that there was not any living traveller. Where there is a living person to be conveyed there is a travelling. The exception in the sixth section of the act shews that mourning coaches were a class of conveyances in the contemplation of the legislature. The payment of the duties in this case therefore ought to have been according to the eighth section in all the instances."

48 Geo. 3. c. 98. § 10. If any person unlicensed shall let out any 48 G. 3. c. 98, horse for hire either by the mile or stage, or to draw any carriage Penalty on perused in travelling post, or otherwise, by what name soever they sons unlicensed. may be called, for less than twenty-eight days, he shall be chargeable under 44 Geo. 3. c. 98. and shall, on a week's notice in writing by the collector, deliver to him on request, after such week expired a true account of such horse so let out, on pain of 10., and double duties.

By 25 Geo. 3. c. 51. § 13. Every person licensed shall, at the 25 G. 3. c. 51. time of receiving his first licence, give bond to the king in 50l. Bond to be that he will, whenever required, re-deliver the stamp-office tickets given, which he shall have received, that may remain unaccounted for by him, or will pay the money due thereon; and that he will also deliver to the person authorised by the commissioners the stamp

25 G. 5. c. 51. office account so delivered to him, and make payment of all sums due to his majesty; and that he will faithfully perform all things in this act directed to be performed by him. And on breach of the condition of the bond, the commissioners may put the same in suit, and in case of judgment against the defendant, they may, if they think fit, refuse to grant him any licence for the future.

Certain words to be put up.

Carriages to be marked.

Taking off such marks.

Passing through a turnpike with out such mark.

Forms to be

delivered to per

sons licensed.

9. And every such licensed person letting horses for hire, shall cause the words, licensed to let post-horses, to be painted or written in legible characters, either on a sign hung out, or in some visible place in the front of his house, stables, or out-offices, on pain of 51.

§ 10. 11. If such licensed person shall with such horses furnish his own chaises or carriages, he shall mark or paint, or cause, &c. on the outside pannel of each door, his christian and surname, and the name of the city, town, or place of his abode, in letters at least one inch in length, and of a colour distinct from the colour of the carriage; and continue the same thereupon, as long as such carriage shall be so used. And if he shall furnish such carriage for a day or less period of time, and such carriage shall have a box or other outside seat for the driver, he shall affix upon some conspicuous part of the foot-board or other part of such box or seat, a brass or tin plate, on which shall be marked or engraved his name and place of abode as aforesaid, and replace the same as occasion shall require; and if there be no box or other outside seat for the driver, then he shall affix the same upon a conspicuous part of the pole, shaft, or splinter bar; and if he shall omit so to do, or shall mark a false or fictitious name on the plate, he shall forfeit 51.

§ 21. If any person shall take off the plate affixed as aforesaid, with an intent to evade the payment of the duty, or the sum of 1s. 9d. for each horse to be paid at the turnpike gates, he shall forfeit 10l.

22. If any carriage, upon which a plate is directed to be affixed as aforesaid, shall pass through any turnpike without having such plate then affixed thereon, the driver shall forfeit 40s.

§ 12. And the commissioners shall, at the time of issuing the licence, cause to be delivered to every person so licensed, printed or written papers, intitled Stamp-office weekly account: in which shall be inserted the day of the week, and blanks left for the number of horses and miles, and the name of the town or place to which such horses shall be hired to go, and for the day of the month; and the names of the postillions or drivers, according to the following form, or such other form as they shall judge convenient ;

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[blocks in formation]

Names of places

to which the horses are hired to go.

Month

Week

A. B.

C. D.

E. F.

G H.

I K.

L. M.

and

and

No. of

No. of

No. of

No. of

No. of

No. of

Day.

Day.

Horses. Miles. Horses. Miles. Horses. Miles. Horses. Miles. Horses. Miles. Horses. Miles.

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25 G. 3. c. 51.

Tickets unaccounted for, how to be valued.

Tickets to be

delivered to persons travelling by the mile or stage.

Travellers to deliver their tickets at the first turnpike.

§ 12, And shall also cause to be delivered a number of tickets, on which shall be printed or written the words stamp-office, and also the word horses, and 1. 2. 3. 4. 5. or 6. in figures, as the tickets may be intended to denote the numbers; and likewise the word miles, except where the horses are hired for a day or less period of time, and then, instead of the word miles, the words for a day shall be inserted, and also the amount of the duty after the rate of one shilling and nine-pence for each horse, according to the number of horses expressed by figures on such ticket and if any officer employed in the execution of this act shall refuse or neglect to perform any thing by this act directed to be done by him, whereby any person may sustain any damage, he shall be liable in an action upon this statute to answer to the party grieved all damages, with treble costs.

§ 14. To prevent disputes at what rate such tickets, which may have been delivered to any such licensed person, and may remain unaccounted for by him, such tickets shall be valued in account, and paid for in case of any deficiency at the rate of 1s. 9d. for each horse, according to the number of horses marked on such tickets, and in the receipt given by such person for the

same.

§ 15. Every person, licensed as aforesaid, who shall let horses to hire by the mile or stage, shall, previous to the using such horse or horses, receive for the use of the king from the person hiring the same the sum of one penny halfpenny for each mile such horse shall be so hired to travel, and shall at the same time deliver to the person hiring the same one or more of the said stamp-office tickets as occasion shall require; to which such postmaster, innkeeper, or other person, shall add, if an innkeeper, the name of his sign or house, if not an innkeeper, his name; and shall also insert the name of the city, town, or place, where such licensed person resides; and the name of the town or place to which such horse may be hired to go; and if to London, the name of the street, square, or place in London; and, in words or figures, the month and day of the month, and the number of miles for which such horses are hired. And if any person licensed as aforesaid, under pretence of there not being any turnpike on the road through which he may be hired to go, or under any other pretence, shall neglect to demand and receive the said duty of one penny penny a mile from such person hiring such horse or horses, or to deliver to him the ticket filled up as above directed, he shall forfeit 10., and moreover be chargeable for the said duty as if he had received it.

half

§ 16. And every traveller to whom such ticket shall have been delivered as aforesaid, if he shall pass through any turnpike, shall deliver the same at the first turnpike toll-bar or bridge through which he shall pass to the toll-gate keeper there, who shall demand, receive, and file the same; and if any traveller so going post shall have neglected to take such ticket, or shall not deliver the same, he shall, before the horses be permitted to pass, pay to the gate-keeper for every such horse the sum of one shilling and nine-pence, and the gate-keeper shall not permit such horses to pass, till he shall have paid the same, or produced such ticket as aforesaid.

§ 17. No traveller shall pay for more miles than is expressed 25 G. 3. aşı. upon such ticket; and if any such licensed person shall insert in Postmasters such ticket the name of any other town or place than that to falsely filling which the horses shall be hired to go, or shall fill up a less number up tickets. of miles than charged to such traveller, he shall forfeit 107.; and the commissioners may refuse him a licence in future.

§ 18. Where any ticket shall be issued with the number of miles Charging by the expressed thereon, and the person issuing the same shall charge stage and not the traveller a specific sum by the stage, and not after any certain by the mile. rate per mile, he shall be accountable for one-fourth part of the money so received by him as for the duty, and shall in that case express on the said ticket the money charged to such traveller, and enter in the weekly account one-fourth part of the money so received, and pay the same to the collector, on pain of forfeit ing 101.

19. Every person so licensed as aforesaid, who shall let to Ticket to a perhire any horse by the day or less period of time, shall, previous son travelling to such horse being used, demand and receive, for the use of the by the day.. king, from the person hiring the same, one penny halfpenny a mile where the distance shall be ascertained, and where not ascertained, then one shilling and nine-pence for each horse; and shall at the same time deliver to the person so hiring such horse one or more of the stamp-office tickets aforesaid, with the words for a day inserted thereon, as occasion shall require; to which such person shall add, if he is an innkeeper, the name of his sign or house, if not an innkeeper, his name and the name of the city, town, or place where such licensed person resides, and the month and day of the month. And in default thereof in each case he shall forfeit 10. and moreover be chargeable with the said duty as if he had received it.

20. Every person to whom such day ticket shall be delivered, if he shall pass through any turnpike in the course of the day for which such ticket shall have been given, shall at the first turnpike through which he shall pass deliver to the gate-keeper there the said day ticket given to him where he hired the horses, which the gate-keeper shall receive and file, and in return for such day ticket shall deliver to such person a ticket called an exchange ticket, to be supplied from the stamp-office, containing the name of the county in which the turnpike shall be, and the words received day ticket, and also the number of horses in the figures expressed in such day ticket, together with the name of the city, town, or place at which such day ticket was given, and some mark or number, denoting the particular day on which such exchange ticket was issued, in printed or written letters or figures; which said exchange ticket the said toll-taker shall deliver to such person gratis, in return for such day ticket so left with him as aforesaid; which said exchange ticket so delivered shall be shewn by such person at every turnpike through which he shall afterwards pass on that day with such horses for which such day ticket shall have been given. And if any person, to whom such day ticket shall be delivered, shall not leave the same at such first turnpike as aforesaid, or shall refuse to shew the ticket so given to him in exchange at every turnpike through which he shall on that day pass as aforesaid; he shall pay for every horse then used by him the sum of one shilling and nine-pence before such horse shall pass, and the gate-keeper

Day ticket to be exchanged at

the first turn

pike.

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