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J'.amp-otTicolickels, who shall not bring snc'i tickets, shall, np- letting to deon demand at the gate of such turnpike, deliver such tickets to ,iver »p tickets, the collector; and if ho refuse, lie shall, for each ticket, forfeit fire shillings, s. 30.
Also if any toll-gate keeper shall wilfully neglect to demand Or neglecting or shall refuse to receive, from any person, any ticket directed demand ti be delivered, or shall neglect or refuse to file the same when llcke'' lron» delivered, he shall forfeit five pounds. *. 37. travelers.
And in case any toll- gate keeper shall demand or receive, or Toll pathnreri agree to take any less money than he is authorised to receive, ukinP *eia and retain to his o^-n use, "such toll-gate keeper shall forfeit*•? '''"y "re
i _» i in authorized to
twenty shdltngs. s. 38. d .maml.
It shall be lawful for the commissioners of stamps to erect b( tars across any public road, for the receipt of the tickets, be eruci"TM8'' and to place a person thereat, who shall have the same power and persons «pto collect the tickets issued, and to demand the money from pointed tu uk« travellers not shewing the same, as the turnpike men, and to be "tl'el>subject to the same penalties for any thing done contrary to this act, as the turnpike men are. i. 39.
Nothing herein shall extend to any horses used in hackney yuttn ,Ttfnj roaches, where the horses shall be employed to go no greater dis-1, hackney tance than ten miles from the cities of London or Westminster, coach ho/ios. and the suburbs thereof. (.41*
Every horse hired by the mile, shall be deemed to be hired All horses hir
to (ravel post, although the person do not go several stages, upon ed h.Y lb* "siie
* post road, or change horses: and although at the stage, at s)'l-t 5l!a"
'tic deemed to
which such hones be hired, there shall not be any post- he hir(J(1 1o house; and although there shall not be any post settled on the travel post, road *. s. 42.
* In the construction of this clause it hath been Juildcn, that the letting <*f a horse to hire by a private person for the purpose., «'f going upon business from one town to another and back again, in the campus* of a day's journey, is not such a letting to hire as subjects the owner of the horse to the above penalty; —This was determined in the K. v. Tooley, Ml. 29 Geo. 3.
defcodant had been convicted under the above clause, for letting to hire a horse for the purpose of travelling post by the >(»ge. from Totnexs to Ashburton in Ddvon and back again, not harkg a licence: —the sessions on appeal quashed the conviction, subject to lhe opinion of the court on a case, stating that the party had hired a horse of the defendant, who was a butcher, to go from Totiiest to Ashburton, and back again; that the price to be paid for such hire amounted to one shilling and six. I»nce. and the party was to return with the horse to Tutness the same day; and it also appeared tiiat the defendant was not a psssen licenced to let horses for travelling post. — By lord Ken. JW. If a person be, in the popular sense of the teords, trailing post, he is within the meaning of the act of parliament, 'yopuiar sense of the words is to be retained; and when that the 42d section provides, that the circumstances Postmaster fly- If any post-master shall die, it shall be lawful for his excelling, Ins succes- ^0TS^ administrators, or other persons succeeding to such inn, to miethcbiumca ^et Worses to hire in manner aforesaid, until such person shall for thirty days, procure such licence, and give'such security as before directed, without being liable to the penalty inflicted on the persons leiting horses to hire without being licenced, provided such licence be taken out within thirty days after the death of such postmaster; and such person shall be subject to the same rules as such postmaster was subject, s. 43. Account* of Every postmaster shall, at delivering their accounts to the bTvTMirkdV° comm',s'°"crs» or person appointed to reoeive the same, at the oatlu" ^ head office, or to the collector authorised to receive the ?ame, and the money due thereon, make oath, or, being a quaker, make and subscribe a solemn affirmation before such commissioners, or other person appointed, or collector, to the truth of the accounts then delivered.
And if any person taking the said oath or affirmation, shall
there mentioned shall not exempt the person from paying the duty. Bt'T the person in this case going on his business to a market town and back again, cannot possibly be said to be travelling po^f, either within the spirit or words of this act of par. liamcnf, which was evidently not intended to extend to every hiring of a horse; and unless it did, this case is not within it —Ashkurst J. This cannot be a hiring to travel post within the spirit or letter of this act of parliament; one neighbour lets h'< horse to another to go from Totnest to Ashburlon and baci again, w hich cannot be said to be travelling post within the popular sense of the words, and such was the meaning of the legislature.— Grose J. If the legislature had intended that everv person, Who lets horses to hire for any purpose, should take out a licence; the words Travei-lixu Tost need not to hate been inserted in the act of parliament. Order of sessions confirmed. 3 Term Rep. 69.
But it has been determined, that a person who lets an horse to hire to carry a prirate express, forwarded by a deputy post master, is a person liafolp to take out a licence under the above statute. A', v. Webber, Hil. 29 Geo. 3. 3 Term Rep. 72.
However, if it be a public express on the service of government, it is otherwise; for (hestatute enacts, that the duty shall be demanded and received of and from the person or persons Airing; and postmasters forwarding an express for the use ofgoverrmcnt, inconsequence of an official duty incumbent on them. cannot be said to be persons hiring horses within the mearricg of the act: and although there is no special exemption ot lacking in this nc* of parliament, yet he is exempted by lirtue of hi> prerogative, in the same manner as he is virtually exempted from the 43 Eliz.-t and every other act imposing a duly or tax oaths subjects. K. i. Cooky Hil. SO Geo. 3. 3 Term Rep. SSO,
+ As to the poor's rate.
thereby commit wilful perjury, he shall be subject to such pains as persons convicted of wilful.and corrupt perjury arc; and if any postmaster shall refuse to take the oath or affirmation, the collector may refuse to receive the money due on such accounts; and such postmaster shall be liable to the penalty of twenty pounds, as if he had not delivered in the accounts, and paid the money due thereon. *. 4 1.
The receiver general, and the other collectors appointed to Postmasters to receive the duties, shall make an allowauce to the persons li- ^t£'e'°TM!incld" censed to let horses to hire, for all monies by them paid on 1 'p° - c<»ont of the duties; and they may deduct, for their own use, three-pence in the pound, out of the monies by thc:n accounted for and paid to such receiver general, or collector. 54.
If any person shall falsely make, forge, or counterfeit, any pena]ty 0n ticket, note, or certificate directed to be used, or cause the forging ticket*, same to be done, or wilfully aid therein, or shall utter the same as true, with an intent to defraud his majesty of the duties, he shall forfeit 501. s. 55.
For the recovery of the penalties, see the sections 56, 57, Recorery of 58, 58, 60, 61, 62, and 63, under article Stage-coaches. penalties.
And it shall be lawful for the commissioners of the treasury, FarmiugofO* either by themselves, or the commissioners of stamps, to let to duties, farm the duties of i^tL per mile, and Is. 9d. per horse, to such persons as shall be willing to farm the same. 27 Geo. 3, i 26, i. 1, and until 1st Feb. 1809, 45 Geo. 3, c. 56.
And the commissioners of the treasury, or the commissioners of stamps, upon any contract being entered into, shall deliver to the person farming such duties, authority, under the hands and seals of three of them, appointing such persons to be the collectors of the duties let to them, and authorising such perMM farming the duties, to take securities by bonds from the persons licensed, in the name of his majesty, and to execute all powers, touching the collecting, managing, or accounting for Ike said duties farmed to them, within their district, as fully as the collectors, appointed by the commissioners, are impowered to do. 27 <7co. 3, c. 26, 4. 8.
And it shall be lawful for the person farming the duties, with the consent of the commissioners of stamps, to vary the mode of keeping the weekly account,directed to be kept by the per*on» who let out horses to hire for-travelling post, or by time; ami they may, by any indorsement, or «n the face of the tickets or certificates, add the name or number of the district which they farm; and any person, forging the said tickets, or aiding therein, or uttering as true any false ticket, note, or certificate, -with an intent to defraud the farmers, shall forfeit 50/. to be recovered and applied as other penalties arc by the stat. 25 Geo. 3*. c 51. directed to be recovered and applied, s. 9.
Also all powers, forfeitures, aod directions, prescribed by the former act, with relation to the duties, or to the persons appointed to collect the same, shall be in force, and carried into
ie. s. 10.
And all securities, bonds, or obligations, taken by the persons farming the duties from such licensed persons shall be takn in the name of his majesty, and shall be prosecuted in hit name, with the consent of the attorney-general; and all actions, or informations, prosecnted for any penalty forfeited by this or the said act, shall be prosecuted in the name of his majesty, or in the name of the attorney-general, or by any person who shall prosecute in the manner in the said act directed: and all suits prosecuted in the name of any fanner, shall be deemed to be popular actions, s. 11.
Also it shall be lawful for any person farming the duties to use the like remedies for the recovery thereof, against the persons appointed to receive the same, by extent or otherwise, as may now be used for any duties payable directly to the king. *. 12.
And the duties shall belong, and the tickets issued thereupon shall be returned and accounted for to the farmers; and tic gate-keepers at whose gates such tickets shall be delivered, skill return the same to the farmer, at the time, and in the manaer directed as to the collectors by the said act. f. 13.
Also every licensed person residing in London or tVestminiter, or within five miles of the head office for stamps, or witiiin the bills of mortality, shall bring in and deliver to the former the accounts directed by the said act to be delivered, and shi'.i pay at such place in London or Westminster^ and at such too, as shall be appointed by public notice in the London GazetU, by order of the commissioners of stamps, the money due on tacfa
accounts; and every licensed person, not .. miles of the head office, nor within the bills of mortality, stall, at the times, and at the places mentioned at the foot of the licence, and afterwards at the foot of every receipt given by the collector, attend, and there deliver in and pass his accounts, and pay the duty received by him, to the person so appuiatod 'r > •x collector thereof, under the penalty in the said act directed: but no such licensed person shall be compelled to travel, fortbf payment of the duties, farther than to the market town nearest to his habitation, s. 14.
No person farming the duties, shall, by such appointment, be disqualified from voting at any election of members to sett* in parliament, s. 15.
And no contract for letting the duties to farm shall beats with any person licensed to let horses for travelling post, nor to any one for his use, or so as that he shall have any interest therein, but the same (if made) shall be utterly void: aad if such contract shall be assigned to any person as aforesaid any other person for his use, so that he shall have any therein, or benefit therefrom, such assignment shall also be erly void. t. 16.
iPrcccipe. Sec Warrant of Attorney. rriftntatien. Presentation or donation of or to any benefice, dignity, or spiritual or ecclesiastical promotion, 'J uj
3. c. 98.
the yearly value of 101. or above in the king's
books :- . - 20
Presentation of ax to any other benefice, dignity, or
spiritual or ecclesiastical promotion whatever under
the yearly value of ten pounds in the king's books 10
Promissory Note. See Bills of Exchange.
Quack Medicinas. See Medicines.
for or upon the payment of money
to ten pounds - - -
■ amounting to ten pounds and not amounting to twenty pounds ■>
■ ■ ■ amounting to twenty pounds and not amounting to fifty pounds
- amounting to fifty pounds and not amounting to one hundred pounds
■ amounting to one hundred pounds and not i two hundred pounds
; to two hundred pounds and noi amounting to five hundred pounds ——-amounting to fire hundred pounds and upwards* ■ i* * » • And stationers in consideration of their making no charge Allowance for beyond the stamps, shall where they purchase stamps for re- prompt piyceipts to the amount of 40/. at one time, be allowed 71. 10s. ment. per cent, orer and above the usual allowance of 1/. 10*. for •very 301. on stamps in general. 44 Geo. 3. c. 98. Sched. G. .
Bnt nothing herein shall extend to any receipt given by the Exception*, treasurer of ike navy, for money received by him for the service of the navy.
Or to the receipt of any agent for money impressed to htm on account of the pay of the army or ordnance.
Or to any receipt by any officer, seaman, or soldier, or their representatives, for wages, pay, or pension, due from the navy, army, or ordnance.
Nor to any receipt to be given for the consideration of the purchase of aDy share in any public stock or fund; or in the stocks of the Bank, East India, or South Sea companies, or for the dividends thereof. Nor to any receipt given for money deposited in the banks ■ Scotland, or in the house of any banker; nor
*Or any receipt whatever expressed to be in full. Sea tec. 6. of MGe»S.e.$S. infra.