tion; and also the worts and beer, together with the casks or other packages containing the same (which shall be seized by any officer of excise), and also for each and every such offence 2007.* The licence contains a clause of forfeiture for fraudulently diluting or adulterating any exciseable liquor, or selling the same, knowing them to have been fraudulently diluted or adul terated.+ POST HORSES. AN innkeeper is not bound to furnish any guest who requires them with post horses, although he has taken out a licence, and has painted over his door "licensed to let post horses," but he may let or refuse them to whom he pleases. This was intimated by the learned judge at nisi prius, but with a reservation of the question for the court above, on which the parties considered it prudent to waive the point, and shew that the innkeeper had, at the time, no horses at command, which were fit to travel. My impression is, that by undertaking a public employment, and thereby deterring others from doing the same, the postmaster renders himself liable to furnish horses, on tender of a reasonable remuneration, and under the management of his own servants; and that it was necessary to shew, that he had not then horses fit for the journey.* "There is no authority against the rule which requires of a hirer the same degree of diligence that all prudent men, that is, the generality of mankind, use in keeping their own goods, and the just distinction between borrowing and hiring, which the Jewish lawgiver emphatically * Dicas v. Hides, 1 Stark. N. P. 247-8. Holt. N. P. M makes, by saying "if it be a hired thing, ́it came for its hire," remains established by the concurrent wisdom of nations in all ages. "If Caius, therefore, hire a horse, he is bound to ride it as moderately, and treat it as carefully as any man of common discretion would ride and treat his own horse; and if, through his negligence, as by leaving the door of his stable open at night, the horse be stolen, he must answer for it, but not if he be robbed of it by highwaymen, unless by his imprudence he gave occasion to the robbery, as by travelling at unusual hours, or by taking an unusual road. If, indeed, he hire a carriage, and any number of horses, and the owner send with them his postilion or coachman, Caius is discharged from all attention to the horses, and remains obliged only to take ordinary care of the glasses and inside of the carriage while he sits in it. "Since the negligence of a servant acting under his master's directions, express or implied, is the negligence of the master, it follows, that if the servant of Caius injure or kill the horse, by riding it immoderately, or by leaving the stable door open suffer thieves to steal it, Caius must make the owner compensation for his loss."* One who hires or jobs horses, is bound to take ordinary care of them, if therefore his horse fall ill, and he prescribe for it, and the horse die in consequence of the medicine prescribed, he is liable to pay for it, although the medicine was in itself innocent. But if he em * Jones Bailments, p. 88-9. ploy a farrier, and the horse die under his care, he is not liable, although the horse die through the unskilfulness of the farrier, or in consequence of the medicines given.* If one hire a horse and return him with the knees broken by a fall, the owner shewing that it had often before been hired and never fallen, is not sufficient proof that the fall was occasioned by the negligence of the hirer.t Licences are to be granted by any two of the Licences i commissioners of stamps, or some person authorized by them. . No deputation or commission appointing any person or collector of the duties under this act, shall be charged with a higher stamp duty than 17. 15s.‡ by whom granted, If granted between the 31st of January and date of, the 16th of March, they shall be dated on the 1st of February; and if granted at any other time, on the day on which granted.§ Such licences shall be in force from the day of how long their date until the following 31st of January, in force. both inclusive, and no longer. Penalty of 101. per horse on any unlicensed Penalty on person letting any horse, mare, or gelding for unlicensed hire, to be used as a post horse.|| licensed person person. If any die or become insol- Represenvent, his executors or administrators, assignees tative, &c., of person or trustees, or other persons succeeding to, or licensed. * Deane v. Keate, 3 Camp. N. P. 4, 5. + Cooper v. Barton, 3 Camp. 5, 6. a. 4 Geo. 4. c. 62. s. 14. § Ib. s. 5. Vid. p. 126. Bond. stamp on, taking possession of his inn, house, or other place, may let horses to hire until they procure such licence and give such security, free from any penalty for letting to hire without licence, provided that they take out a licence within thirty days after his death or insolvency; and such persons shall be subject to the same rules, regulations, and charges, and liable to account for, and pay the duty, as a person licensed. * No licence may be granted until bond has been given by the applicant. Every person on receiving his licence, shall enter into a bond to the king for 50l., on condition to redeliver, when required, every stamp office ticket which he receives, and remains unaccounted for by him, or to pay the value of such tickets, and to deliver to the persons authorized by the commissioners to receive the same, the weekly account delivered to him, faithfully made out and signed, and to pay all money due to the king under this act, and truly and faithfully to observe and perform all directions, matters, and things required of him by this act. And shall from time to time renew such security at the expiration of three years from the preceding bond. And on breach of any such condition, the commissioners or persons so authorized may proceed on such bond, and in case of judgment against the defendant, if they think fit, refuse afterwards to licence him.t No such bond shall be charged with a higher stamp duty than 10s.‡ |