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And where any ticket shall be issued, with the number of Postmasters miles expressed thereon, and the person issuing the same shall charging tra vellers a specharge the traveller a specific sum by the stage, and not at per cific sum for mile, such postmaster shall be accountable for one-fourth part the whole of the money received by him, as and for the duty by this actstage. directed to be paid and shall, in that case, express on the ticket the money charged to such traveller, and enter in the weekly account one-fourth part of the money received, and pay the same accordingly; and if he shall act contrary hereto, he shall forfeit

10. s. 18.

Also every licensed person, who shall let to hire any horse How postmasby the day, or less period of time, shall, previous to such horse ters are to rebeing used, demand and receive, from the persons hiring the ceive the duty same, the duty per mile for each mile such horse shall be hired on horseslet for one day. to go, where the distance shall be ascertained, and where not, then 1s. 9d. for each horse hired, and shall, at the time he receives payment, deliver the stamp-office tickets, with the words (For a Day) inserted therein; and to which he shall add, if an innkeeper, the name of his sign or house, and if not an innkeeper, his name and where he resides, and, in words or figures, the month, and day of the month; and if he shall neglect to demand and receive the 11d per mile, or 1s. 9d. for each horse, or to deliver tickets as aforesaid, he shall forfeit 107.; and moreover, in case of not receiving the duty, be chargeable therewith as if he had actually received the same, s. 19.

be delivered at

And every person to whom such day-ticket shall be delivered, Such tickets to if he, in the day for which such ticket shall be given, pass the first turnthrough any turnpike, shall at the first turnpike, deliver to the pike gate, toll-gatherer there, the said day-ticket, which the toll-gatherer is to demand, and file; and in return for such day-ticket, he shall receive from the toll-gatherer An Exchange Ticket, (to be supplied from the stamp-office) which shall contain the name of the county in which the turnpike shall be, and the words (Received Day ticket) and also the umber of horses according to the figures expressed in such day-ticket, together with the name of the place at which such day-ticket was given, and some mark, denoting the particular day in which such exchange ticket was issued, in printed or written letters or figures; which exchange ticket the toll-gatherer is to deliver gratis, in return for such day-ticket left with him; and which said exchange-ticket shall be shewn at every turnpike afterwards on that day: and if any person shall neglect or refuse to leave the same at such first turnpike, or shall refuse to shew the ticket given in exchange, at every turnpike through which he shall on that day pass, he shall pay for every horse used 1s. 9d. before such horse shall pass through such turnpike; and the gatekeeper is to demand, and retain the same to his own use; and where the name of the owner of the carriage shall be marked thereon, the gatekeeper shall not permit such horses to pass through until the traveller shall have paid the same or left such day ticket,or shall have produc ed such exchange ticket. Penalty on And if any person shall take off the brass or tin plate, with taking marks VOL. IV.

s. 20.

Xx

off carriages to an intent to evade the duty, or the 1s. 9d. to be paid at the turnpike, as before directed, he shall forfeit 10%. s. 21.

avoid duties.

Penalty on drivers passing

through turn

Also in case any carriage, upon which any brass or tin plate is directed to be affixed, shall pass through any turnpike, without pikes without having such plate thereon, as before directed, the driver shall forfeit 40s.

such marks.

How tickets

are to be filled where horses are let to returu in less

than two days.

Where horses

are let for two days or more.

8. 22.

And where any postmaster shall let to hire any horse to return in less than two days, and the number of miles, instead of the words (For a Day), shall be inserted in such ticket, every licensed postmaster shall fill up the name of the place to which the horses are hired to go, and the true number of miles, ascer. taining the distance both going to, and returning from the place expressed in such ticket; and in default of not filling up the said ticket, as before directed, he shall forfeit 107. and moreover be chargeable with the duty as if he had actually received the same. s. 23.

And every postmaster, when he shall let to hire for two days, or longer, any horses for drawing any carriage on any public road, shall deliver to the person travelling in such carriage, or to the driver thereof, a note, to be supplied from the stamp-office on which shall be engraved or printed (Hired for two or more Days), and to which such postmaster shall add the day of the month, the name of abode, and the number of days for which the said horses shall be hired, and the abode of the person hir ing the same; and the person travelling in such carriage, or the driver thereof, shall, at the first turnpike, if he pass through any deliver to the toll-gate keeper there the note given to him as aforesaid, which the toll gate keeper is to demand, and to receive and file; and in return for such note, the toll-gate keeper shall de liver a ticket, called (The check Ticket), to be supplied from the stamp-office, which shall contain the name of the county in which the turnpike shall be, and the words (Certificate deliver ed), and also the name of the place whence such note issued, together with some mark,denoting the day on which such check ticket was issued, in printed or written letters or figures; which check ticket the toll-gate keeper is to deliver to such person gratis, in return for such note left with him, and which check ticket delivered, shall be shewn by the driver of the carriage, or some person therein, at every turnpike through which the horses pass and if any person so hiring such horses, shall have neglected to take such note, or shall neglect or refuse to leave the same at such first turnpike, or shall refuse to shew, at the turnpikes through which he pass, the check ticket given by the toll-gate keeper, he shall pay for every horse✨ used Is. 9d. before such horses pass such turnpike, which the toll-gate keeper is to demand, and receive to his own use, and not per mit such horses to pass till such travellers shall have paid the same, or produce such note, or check ticket; and if any post. master shall, in such note, insert any false name or abode, or shall wilfully insert therein any fictitious name, or abode of the person hiring such horses, or shall, in letting out such horses, by any device or collusion, pretend to let out his horses for longer

time than for which the same were actually hired, with intent to evade the duty, he shall forfeit 201.; and the commissioners shall, if they think fit, refuse him any license in future.

8. 24.

And every horse hired for drawing any carriage for less than Horses hired two successive complete days, shall be deemed to be hired for for less that a day, and shall be subject to all the regulations as horses hired two days to. for a day, or less time. s. 25.

be deemed hired for une

And every toll-gate keeper who shall have received any of day. the day-tickets or notes for two or more days, aud shall refuse Penalty on to give any traveller, gratis, the tickets directed to be given in gate-keepers exchange, or who shall deliver the exchange or check ticket for neglecting without having received in lieu thereof the day ticket or note of duty. for two or more days; or who shall make any alteration in any of the tickets hereby directed to be filed by him, after such tickets shall have come to his custody, or shall deliver any of the tickets directed to be received and filed by him, to any person other than the person authorised as after mentioned to receive the same, he shall forfeit 40s. s. 26.

And such postmaster so licensed, residing in the city of Lon. At what times don, or liberty of Westminster, shall, the first Tuesday or licensed perWednesday, in every month, and such other person licensed, sons are to acresiding within five miles of the head office for stamps, or within count the bills of mortality, shall, the first Thursday or Friday in every month, or at such other times as may be appointed by the commissioners, on public notice given in the Gazette, bring in and deliver to the commissioners or to the persons appointed by them for the purpose of receiving the same, at the head office, their accounts for the four weeks ending on the Saturday preceding such day of delivery, and shall, at the same time, pay such money which shall be due thereon to the receiver general, or to the officer for collecting the said duties, at the head office, upon pain of 107. for every default in not delivering in such account, and double the amount of the money payable from such postmaster, for the duties, for the non-payment thereof. s. 27. And every licensed person, not residing within London or Westminster, or within five miles of the same, or within the bills of mortality, shall, at such times and places to be appointed as after mentioned *, produce and deliver the accounts before directed for the weeks ending on the Saturday preceding such delivery, and then unaccounted for, to the person authorised

That is to say, every postmaster, not residing within five miles of the head office for stamps, nor within the bills of mortality, shall, at the times and at the places to be mentioned at the foot of the licence granted to him, when the same shall be delivered, and afterwards at the foot of every receipt given by the collector for the money paid in by him on account of the duties, attend and there deliver in and pass his account, and pay the duty received to the collector: provided no such person be compelled to travel for the payment of the duties, or other cause whatsoever, touching the same, if he live in a market town, out of the sad town; or if he live out of a market town, then to no other place than to the market town nearest to his habitation.

s. 40.

under the hands and scals of three commissioners to receive such
accounts, and the money due thereon; and at the same time
pay to such person all money due upon such accounts, under the
penalty of 10. for every default in not delivering such ac
counts, and double the amount of the money due for the duties
for nonpayment thereof.
s. 28.

Postmasters to And every person so licensed, shall enter in his weekly ac.
enter tickets in count, the ticket, notes, or certificates, issued by him on the
their weekly
accounts on the day in which the same were issued; and if any postmaster shall
day they were date any of the posting or day tickets, or any note by him deli.
vered, in any other manner than as the same shall, at delivery,
be entered in his weekly account, he shall forfeit forty shillings.

issued.

Penalty on post masters guilty of frauds.

Postmasters

who take the hire to be aecountable for duty.

Horses to be

mile on stage.

s. 29.

Also every postmaster, who shall be guilty of any wilful con cealment, or making false accounts, or any other fraudulent contrivance, with an intent to defraud his majesty of the duties, shall forfeit 501.; and the commissioners may, after judgment, refuse any licence in future. s. 30.

And every postmaster, who shall take the hire for such horses by the mile, or from stage to stage, shall be considered as the person to whom the duties shall be paid, and shall be chargeable with the same, as if he was the proprietor of such horses, although the same belong to any other postmaster. s. 31.

Also no postmaster, at whose inn any traveller shall change let only by the horses, shall let to hire any horse to such traveller, in any other manner than by the mile or stage; and if any postmaster shall act contrary hereto, he shall forfeit 107. s. 32.

Fresh tickets

to be made out when horses proceed on a

second stage.

Allowance to

And where any postmaster cannot furnish horses to convey travellers on their journey, when applied to for that purpose, such postmaster shail issue to any traveller requiring the same, a fresh ticket filled up, and receive the duty, and charge him. self therewith, in the same manner as if the horses had been hired from such postmaster.

S. 33.

Every toll-gate keeper is authorised to demand and receive toll-gatherers from the collector appointed to get in the same, to whom he for their trouble.ghall deliver the day and posting tickets as after directed, threepence for every pound which the duties upon such tickets amount unto; and such collector is to pay the same accordingly; and such allowance shall be over and above the allowance hereby given to such toll-gate keeper, of retaining the money by him collected from such travellers who shall not have deliver. ed the tickets to such toll-gate keeper. s. 34.

received.

How toll gathAnd every toll-gate keeper shall, for the compensation aforeerers are to de- said, bring the tickets by him received, if within five miles of liver up tickets the head office for stamps, to the head office, or such other place, within the bills of mortality, as the commissioners shall appoint; and if beyond the five miles, then to such places, and at such times, as the collector, appointed to collect such tickets, shall require, and deliver up such tickets to the col Penalty on tolllector. gatherers neg

s. 35.

And every toll-gate keeper, who shall have received such

stamp-office tickets, who shall not bring such tickets, shall, up- lccting to deon demand at the gate of such turnpike, deliver such tickets to liver up tickets. the collector; and if he refuse, he shall, for cach ticket, for

feit five shillings. s. 36.

Also if any toll-gate keeper shall wilfully neglect to demand Or neglecting or shall refuse to receive, from any person, any ticket directed to demand to be delivered, or shall neglect or refuse to file the same when tickets from delivered, he shall forfeit five pounds. s. 37.

travellers.

And in case any toll-gate keeper shall demand or receive, or Toll gatherers agree to take any less money than he is authorised to receive, taking less and retain to his own use, such toll-gate keeper shall forfeit than they are authorized to twenty shillings. s. 38. demand.

Cross bars may

It shall be lawful for the commissioners of stamps to erect bars across any public road, for the receipt of the tickets, be erected, and to place a person thereat, who shall have the same power and persons ap-` to collect the tickets issued, and to demand the money from pointed to take travellers not shewing the same, as the turnpike men, and to be subject to the same penalties for any thing done contrary to this act, as the turnpike men are.

s. 39.

tickets.

Nothing herein shall extend to any horses used in hackney Not to extend coaches, where the horses shall be employed to go no greater dis- to hackney tance than ten miles from the cities of London or Westminster, coach horses. and the suburbs thereof.

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S. 41.

"Every horse hired by the mile, shall be deemed to be hired All horses hire to travel post, although the person do not go several stages, upon ed by the mile a post road, or change horses; and although at the stage, at or stage shall which such horses be hired, there shall not be any post- be hired to house; and although there shall not be any post settled on the travel post. road *. 8. 42.

* In the construction of this clause it hath been holden, that the letting of a horse to hire by a private person for the purpose, of going upon business from one town to another and back again, in the compass of a day's journey, is not such a letting sto hire as subjects the owner of the horse to the above penalty; This was determined in the K. v. Tooley, Hil. 29 Geo. 3. The defendant had been convicted under the above clause, for letting to hire a horse for the purpose of travelling post by the stage, from Totness to Ashburton in Devon and back again, not haring a licence;-the sessions on appeal quashed the conviction, subject to the opinion of the court on a case, stating that the party had hired a horse of the defendant, who was a butchery to go from Totness to Ashburton, and back again; that the price to be paid for such hire amounted to one shilling and sixpence, and the party was to return with the horse to Totness the same day; and it also appeared that the defendant was not a person licenced to let horses for travelling post. By lord Kensyon. If a person be, in the popular sense of the words, tra -velling post, he is within the meaning of the act of parliament, the popular sense of the words is to be retained; and when that is satisfied, the 42d section provides, that the circumstances

be deemed to

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