commissioners of supply at their ordinary meetings for counties, and the commissioners or boards of police, or, where there are no such commissioners or boards, the town councils for boroughs, within their several jurisdictions, may appoint, and when required so to do by the local government board in England, or by one of her Majesty's principal secretaries of state in Scotland, or by the lord lieutenant or other chief governor or governors in Ireland, are, for their respective city, districts, counties, or boroughs, to appoint and remove competent persons as analysts, and are to pay them such salary or allowances as they may think fit, but such appointments and removals are at all times to be subject in England to the approval of the local government board, in Scotland of one of her Majesty's principal secretaries of state, and in Ireland of the lord lieutenant or other chief governor or governors

The inspector of nuisances, or the inspector of weights and measures, or the inspector of markets, one or all of them, as the local authority appointing them may think fit to determine, in every district, county, city, or borough, are to procure and submit samples of articles of food or drink and drugs suspected to be adulterated to be analyzed by the analysts appointed under the act, and, upon receiving a certificate stating that the articles of food or drink or drugs are adulterated, are to cause a complaint of an offence against the act by the party selling or adulterating such articles of food or drink or drugs to be made before a justice of the peace, and thereupon such justice is to issue a summons requiring the seller or the adulterator to appear before two justices of the peace at petty sessions in England, or before two justices of the peace in the justice of the peace court, or before the sheriff substitute of the county, or before any magistrate acting under any general or local police act in Scotland, or before justices of petty sessions or divisional justices in Ireland, to answer such complaint, and the expense of such prosecutions, if not ordered to be paid by the party complained against, is to be deemed part of the expense of executing the act.

The analysts appointed under the act are to report quarterly to the local authorities appointing them the number of articles of food, drink, or drugs analyzed by them under the act during the foregoing quarter, and are to specify the nature and kind of adulterations detected in such articles of food, drink and drugs.

On the hearing by the justices, sheriff substitute, magistrate, or divisional justice of any complaint in any district, county, city, or borough wherein analysts have been appointed, it must be proved that the article of food or drink or drugs alleged to be adulterated was delivered to the analysts in the same condition as regards its purity or impurity as it was when received from the seller.

Any purchaser of any article of food or drink or drugs in any place where there is an analyst, is entitled, on payment to the inspector of a sum not less than 2s. 6d. nor more than 10s. 6d.,

which is to be accounted for to the local authority, to have any such article analyzed, and to receive a certificate of the result, duly signed by the analyst, which certificate is, in the absence of contrary evidence, to be sufficient evidence of the matters certified in it, and the sum directed to be paid is to be deemed part of the costs.

CHAPTER XX.

Carriers, Wharfingers, and Warehousemen.

ALL persons carrying goods for hire, as masters and owners of ships, lightermen, proprietors of waggons, stage coachmen, and the like, come under the denomination of common carriers, and are bound to receive and carry goods for a reasonable hire; to take due care of them in their passage; to deliver them in the same condition they were received, or, in default, to make compensation, unless the loss arise from unavoidable natural occur. ances, as lightning or tempests, or from the default of the parties sending them.

Hackney coachmen in London, are not so bound except there be an express agreement, and money paid for the carriage of the goods.

Special carriers, who professedly do not carry for all persons indiscriminately, are not, like common carriers, bound to undertake the carriage of goods. Where, however, a person undertakes to carry goods safely and securely, he is responsible, though he is not a common carrier, nor receives a premium for the carriage.

The master of a stage-coach, who only carries passengers for hire, is not liable for goods. But if he carry goods as well as pas sengers for hire, then he is a common carrier, and liable.

If a carrier entrusted with goods open the pack and take away part of the goods, he is guilty of felony. It is the same if the carrier receive goods to carry to a certain place, and carry them to some other place than that appointed, with intent to defraud the

owner.

If a common carrier, who has convenience, is offered his hire, and refuse to carry goods, he is liable to an action, in the same manner as an innkeeper who refuses to entertain his guest, or a smith who refuses to shoe a horse. The liability arises, not from the remuneration, but the public employment that is undertaken. But a carrier may refuse to admit goods into his warehouse at an unseasonable time, or before he is ready to take his journey.

If a carrier be robbed of the goods, he is liable; for, having his hire, there is an implied undertaking for the safe custody and delivery of the goods. But the carrier, under certain circum

stances, may bring his action against the hundred to make good his loss.

The action against a carrier for the non-delivery or loss of goods must be brought by the person in whom the legal right of property in the goods is vested at the time; for he is the person who has sustained the loss by the negligence of the carrier. So, where a tradesman orders goods to be sent by a carrier, the moment the goods are delivered, it operates as a delivery to the purchaser, and the whole property from that time vests in the purchaser, who can alone bring an action for loss or damage. But if there is a special agreement by the parties, that the consignor was to pay for the carriage of the goods, the action is maintainable by the consignor.

Goods conveyed by a carrier, whether common or hired for the particular purpose, are privileged from distress or attachment on account of the debts of the person sending them, or of the carrier.

A delivery to the carrier's servant is a delivery to himself, and shall charge him; but they must be goods such as it is his custom to carry.

On legal principles, it can make no difference whether the car. riage is by land or water, but the legislature has limited the liability of water carriage by sea in cases where railway companies who carry animals, luggage, or goods partly by land and partly by sea publish a printed notice which must be placed in some conspicuous place, stating that they will not be liable for loss or damage, 31 & 32 V. c. 119, s. 14.

It seems a general rule that a carrier is bound to deliver goods at the residence of the consignee or person to whom they are directed, where he has been accustomed to carry them home, and keeps a porter for the purpose; and where it is not customary for him to deliver at the owner's premises, it is obligatory on him to give timely notice of their arrival.

A carrier has a lien on the goods he carries for his hire, but it is limited to the carriage of each parcel, and not general, that is, for a general balance due to the carrier from the sender for successive packages, or for a debt due to him by the consignee; but in no case can he charge more than is reasonable for his trouble, 3 Taunt. 164. The powers and liabilities of railway proprietors in the carriage of goods are similar to those of carriers and stage-coach proprietors.

Warehousemen are, when goods are stored in the warehouse, bound to bestow reasonable and common care on them, so as to prevent them from being damaged or injured. Wharfingers, also, are bound to perform the same trust. But neither warehousemen nor wharfingers are liable for damages happening from accidental fire. Should they, however, have insured the goods, and received the insurance money, they are liable to pay to the owners of the goods the money so obtained. 2 Stark. 400.

Limitation of Liabilities.-The onerous responsibility imposed on common carriers has been limited by the 1 W. 4, c. 68, which provides that no mail contractor, coach proprietor, or other common carrier by land for hire, shall be liable for the loss or injury to gold and silver coin, bullion, jewellery, precious stones, watches, clocks, timepieces, trinkets, bills, notes, orders, or securities, for payment of money, stamps, maps, writings, deeds, pictures, plate, glass, china, furs, lace, and silks, above the value of £10, contained in any packet that has been either delivered to be carried, or to accompany the person of any passenger, unless the value and nature of the article be declared at the receiving house, and an increased charge for conveyance be accepted. A notice of the increased rate of charges must be affixed, in legible characters, on a conspicuous part of the receiving-house: and parties sending valuable packets of the description mentioned are bound by such notice without further proof of the same having come to their knowledge. Carriers not giving receipts, if demanded, of the increased rate required for the insurance of packets, or not affixing the notice, are excluded from the benefit of the statute; such receipts are not liable to the stamp duty. The publication of the notice does not limit the liability imposed by the common law, in respect of other goods than those mentioned, conveyed by carriers; neither does the act affect any special contract made between carriers and parties for the conveyance of goods. In case of loss, carriers are not liable to make good the declared value, but only to the extent of the damage, actually sustained, and proved by the ordinary legal evidence.

The 28 & 29 V. c. 94, provides for the better protection of stage-coach proprietors or other common carriers for hire against the loss of or injury to parcels delivered to them for conveyance or custody, the value and contents of which have not been declared to them by the owners, that the term "lace" with respect to any parcel delivered after the commencement of the act (Sept. 30, 1865) shall be construed not to include machine-made lace.

Penalties. By the Turnpike Acts, the owners of every waggon, wain, cart, or such like carriage, is required to paint, on the right or off side, his christian and surname and abode, at full length, in large legible characters, of not less than one inch in height. Penalty not exceeding £5.

One driver may take charge of two carts, if drawn by only one horse. No child under the age of thirteen to drive any cart. Penalty on the owner not exceeding 108. A driver of a waggon, cart, &c., riding thereon (except in case of such light carts as are usually driven with reins), or wilfully being at such distance, from the same that he cannot have any government of his horses, or driving any vehicle without the owner's name. or not keeping the left or near side of the road, shall, for every offence, forfeit not exceeding 40s. or if the owner, £5; and, in default of

payment, be committed to the house of correction for not exceeding one month. Drivers refusing to discover their names, in any of these cases, are liable to be imprisoned three months. Law of the Road. Whenever carriages or horsemen meet on the public road, the law, in case of accident, is always in favour of the defensive party, and against the aggressor. So, if one man rides against another who stands still, or drives his waggon against a coach or other vehicle, and injures it, he is answerable for the damage. A driver or rider, on passing another horse or carriage, must keep on the off side, or whip hand, of the horse or carriage he may so meet, otherwise be will be auswerable for any damage which may happen from the neglect of this rule. A driver, however, is not bound to keep on the left side of the road, provided he leave sufficient room for other carriages and horses to pass him on their proper side.

CHAPTER XXI.

Sellers of Coal, Tobacco, Bakers, Weights and
Measures.

I. COAL.

THE 1 & 2 W. 4, c. 76, regulates the vend and delivery of coals in London and Westminster, and parts of the counties of Middlesex, Surrey, Kent, Essex, Hertfordshire, Buckinghamshire, and Berkshire.

The metropolitan coal acts were amended in 1851 by 14 & 15 V. c. 116. Certificate of the quantity and quality of seaborne coals is to be given by the fitter, and registered at the coal market on the arrival of the ship. Consignee of coals brought by barge or waggon to enter a certificate within 48 hours after their arrival, under penalty not exceeding £100 Corporation of London may appoint collector to receive duties on coals brought by canal or inland navigation; railways within the London districts to pay duties weekly, and canal companies to make monthly returns of coals brought. Corporation may appoint inspectors of coal traffic on canals and railways, with power to inspect books; penalty on companies refusing such inspection not above £100. Companies may be required by the corporation within seven days to erect, for the use of inspector, box or station-place, at a spot distant twenty miles from General Post-office, such distance to be marked on the line of canal or railway, or on any turnpike or public road. If coals exceed weight mentioned in certificate to the extent of 5 lbs. in 100 lbs., additional duty of 3d. per ton to be levied, besides penalty of £100. From October 1, 1851, a drawback of 12d. per ton to be allowed on