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WILLIAM SMALLWOOD, Esq; Governor.
VI. And be it
enacted, That the said Gabriel Peterson Vanhorn, his
executors, administrators and assigns, shall receive and be answerable
and
chargeable for, any baggage, (except the above-mentioned fourteen
pounds allowed as privilege for each passenger,) and for any money,
goods, wares, or merchandise, and shall faithfully and safely keep, preserve,
serve, and safely carry, all money, goods, wares and merchandise, received
by the said Gabriel Peterson Vanhorn, or his executors, administrators
or assigns, or by any agent, servant or porter, or by any driver of any
stage-coach, stage-waggons, or other stage-carriage or post-chaise, employed
by the said Gabriel Peterson Vanhorn, or his executors, administrators
or assigns, to be carried in or upon any of the said stage-carriages,
whether lost, stolen, robbed or damaged, and the value of the goods,
or
value of the damage, shall be paid either to the person from whom such
articles shall be received, or to the person to whom they are to be delivered,
and may be recovered from the said Gabriel Peterson Vanhorn, his
executors, administrators or assigns, or from any agent, servant, porter
or
driver above mentioned, at the election of the plaintiff, if of value not
exceeding five pounds current money, before any justice of the peace of
any county of this state, or in the general court, or in any county
court
having jurisdiction of the sum claimed, by action on the case for money
had
and received to the plaintiff's use, without setting forth the special
matter;
in which action only one imparlance shall be allowed, unless the court
shall be satisfied that a material witness is absent out of the sate, or
sick
and unable to attend, in which case such cause may be continued in the
discretion of the court, and the plaintiff may give in evidence the amount
of the money, or the value of the goods, received and not delivered, or
the amount of the damage, provided a short note, expressing the cause
of
action, be lodged in the office at the time of issuing the writ; or any
person
may sue the bond of the said Gabriel Peterson Vanhorn, and assign
any loss or damage of any money or goods, or damage to any goods, as
a breach of the condition, and the jury may assess such sum of money
in damages as they may think proper. |
1785.
CHAP.
XV.
G. P. Vanhorn
answerable for
baggage, &c. |
VII. And be
it enacted, That the said Gabriel Peterson Vanhorn, his
executors, administrators or assigns, and his or their agents, servants,
porters or divers, or any of his or their stage-carriages, and receiving
any baggage, or any money, goods, wares or merchandise, to be safely
kept and delivered, shall, if required, give a receipt therefor, as follows,
to wit, " On the _____ day of _____ 178__ received from A. B.
of _____ into my stage-waggon, (or stage-coach, post-chaise, or other
stage-carriage, as the case may be,) the sum of _____ current money, or
a box, trunk, package or bundle, (with the marks and numbers if any,)
of _____ pounds weight, and said to contain _____ and estimated of the
value of _____ current money, to be delivered to C. D. at _____ the
premium paid, or to be paid;" and the delivery of ay goods may be
proved by the receipt, or by the entry of the receipt of any goods, which
shall be produced on any trial, or by other legal evidence, and any money
or goods may be retained until payment of the reward or premium allowed
by this act; and no tax shall be imposed on any stage-carriage set up,
kept and employed, in pursuance of and agreeably to this act, unless the
said public road shall be made and established by law a turnpike road. |
To give a receipt
for money,
goods,
&c. |
VIII. And be
it enacted, That the said Gabriel Peterson Vanhorn,
shall, on or before the first day of March next, enter into bond to the
state,
before the governor and the council, with good and sufficient securities,
such as they shall approve, in the penalty of one thousand pounds current
money, with condition, " that the said Gabriel Peterson Vanhorn, his
executors, administrators and assigns, and his or their agents, and servants
and drivers, respectively, will truly and faithfully do and perform |
To enter into
bond, &c. |
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