shall be considered as standing; if they were not incompetent, another jury, the second is unobjectionable. Rex v. Fowler and Sexton, H. judgment may be given. 1 & 2 G. 4. 4 B. & A. 273. And the party need not be arraigned de novo on the second trial, for the prior arraignment and plea stand. S. C. Juror separat ing before verdict; new trial; award, &c. on Rex v. Fowler and Sexton, MS. and 4 B. & A. 273. On indictment for larceny, at the sessions, the prisoners were found guilty, but it appearing that one of the jurors had separated from the others before the verdict was given, the court quashed the verdict, awarded verdict of a jury for the next sessions, and then again tried the prisoners, guilty; judgwhen they were again found guilty, and sentence was pronounced. ment given. On writ of error, two objections were urged; one, that the sessions Vide ante, 354. could not grant a new trial; the other, that there should have been a new arraignment and plea. Sed per Curiam. As nothing but the first verdict was set aside, the prior arraignment and plea stood, and if the court could not grant a new trial, the first verdict must be considered as standing; and upon one or other of the verdicts the judgment must be good. Judgment affirmed. A Court of Gaol Delivery may prohibit publication of the proceedings pending a trial. Rex v. Clement, 4 B. & A. 218. "No lawyer can doubt the power of every court to fine for contempt." Per ABBOTT C. J. Rex v. Davison, 4 B. & A. 334. Publication of proceedings. Power to fine. Sewers. [5 Burn, 215.] ET vide Netherton v. Ward, 3 B. & A. 21. Stafford v. Hamston, 2 Brod. & Bing. 691. 2 Moore, C. P. 666. The Duke of Newcastle v. Clark, Ships. [5 Burn, 225.] See stats. 1 & 2 G. 4. c. 75. & c. 76. post, title " Mreck.” Stage Coaches. [5 Burn, 244.] BY stat. 3 G. 4. c. 95. § 1. after reciting that it is expedient, in Duties. certain cases, to reduce the rate of duties payable in respect 3 G.4. c.95. of certain carriages, and to regulate the said duties in respect of other carriages used for conveying persons for hire granted by 3 G. 4. c. 95. Duties on certain stage ed. stat. 55 G. 3. c. 185. (5 Burn, 244.) and it is also expedient to carry into effect the power given to the commissioners of stamps to require that instead of the inscription mentioned in stat. 50 G. 3. c. 48. §7. (5 Burn, 248.) a plate made of brass or other metal should be fixed upon the side of every coach, or carriage, as far as the said last mentioned act directs a distinct number to be put upon such plate, &c. it is enacted, that from and after the 1st of September, 1822, the duties mentioned in the schedule annexed to coaches repeal the said act of 55 G. 3., and thereby made payable upon stage coaches or other carriages with two or more wheels, which should be employed as public stage coaches or carriages for conveying passengers for hire to or to and from any place or places in G. B., as far as the same relates to carriages or vehicles drawn by one or two horses, and not being upon or having the aid or assistance of any spring or springs, or (if drawn by one horse) being upon or having the aid or assistance of any spring or springs, or if drawn by two or more horses, and such carriages or vehicles shall be made for the accommodation of one description of passengers only, not distinguishing between inside and outside passengers, and shall be upon or have the aid or assistance of any spring or springs, shall cease, determine, and be repealed; except as to so much of the said duties as shall have become due before or upon the said 1st day of September, and shall remain in arrear. Plates to be placed on carriages. § 2. Enacts, that from and after the said 1st day of September, in lieu of the said duties hereby repealed, there shall be paid throughout the whole of G. B. the rates and duties following, that is to say, for and in respect of Any carriage or vehicle with two or more wheels, £ s. d. Any such carriage or vehicle as above described, Any carriage or vehicle drawn by two horses only, And any such carriage or vehicle as last mentioned, - 0 0 1 002 - 0 0 1 003 drawn by three or more horses, for every mile, &c. 0 0 44 §3. Immediately after the passing of this act, the commissioners of stamps in G. B. are required to provide proper plates, at the expence of the person applying for a licence, each plate or pair of plates having thereupon a distinct number, to be named by the said commissioners, for the purpose of being fixed upon the door, or if more than one, upon each door, or upon some other part of 3G. 4. c.95. every carriage or vehicle, (except mail coaches and hackney coaches duly licensed); and to alter and renew such plate or plates from time to time, as the said commissioners shall think necessary, or as occasion shall require; and the said commissioners, or any other persons authorized so to do, granting any such licence, are to deliver to the person applying for such licence, at the time of granting the same, or at any other time, as occasion may require, such plate or plates to be placed upon every such carriage, &c.; and to insert in the licence the number of the plate or plates so delivered in respect of such carriage or vehicle in respect of which such licence shall be granted. § 4. Enacts, that after the 31st day of August, 1822, it shall not be lawful for any person or persons to use, employ, or let out, or to permit or suffer to be used, employed, or let out, any carriage or vehicle for conveying passengers for hire, before fixing on the door, or if more than one, upon each door, or if there be no door, upon one of the pannels on each side of such carriage or vehicle, or if there be no pannels, then upon some conspicuous part or parts of such carriage or vehicle, one of the plates hereby required to be fixed thereupon; and in case such plate shall at any time be broken or become illegible, the person or persons to whom any such licence shall be granted, shall, within three days after such plate shall be broken or become illegible, apply to the said commissioners of stamps, or to the person authorized to grant such licence, for a new plate or new plates; and on delivery to the said commissioners, or to the person authorized to grant such licence, of the old plate or plates, or part thereof, it shall be lawful for the said commissioners of stamps, and they are hereby empowered, to deliver a new plate or new plates of the same, or any other number, to the person or persons whose plate or plates shall have been broken or become illegible, which new plate or new plates such person or persons is and are hereby required, as soon as conveniently may be after the receipt thereof, to affix on such carriage or vehicle, as by this act is directed. Plates to be affixed on each door of such carriages. § 5. Enacts, that if any person shall, after the said 31st day of Penalty on not August keep, use, employ, or let out, or permit or suffer to be having such plates, 201. used, employed, or let out, any carriage or vehicle for the purpose of conveying any passenger or passengers for hire to or from or from and to different places in G. B., not having the plate or plates fixed thereupon as hereby directed, or having any plate or plates fixed on such carriage or vehicle, of a different or other number than that mentioned in the licence granted to such person or persons, or having any broken or illegible plate or plates on any such carriage or vehicle, such person or persons so offending in any or either of the said cases, shall forfeit, for every day on which such carriage or vehicle shall be so used, employed, or let out for hire, the sum of 201.; provided, that nothing herein contained shall be construed to charge any person or persons with the said penalty of 20%., to which he, she, or they may become subject, between the time of any such plate or plates having been broken or become illegible, and the time hereby allowed for affixing or placing a new plate or plates on such carriage or vehicle as aforesaid, in the place of any plate or plates that may have become broken or illegible. 3 G. 4. c.95. What shall be coach. 56. Enacts, that every carriage or vehicle used, employed, or let out for the purpose of conveying passengers for hire to or from deemed a stage or from and to any place or places in G. B., and travelling at the rate of three or more miles in the hour, shall, without regard to the number of wheels or to the number of horses by which the same may be drawn, or to the number of passengers which the same shall or may be able or fitted to contain or carry, or to its being an open or close carriage, be deemed and taken to be a stage coach or carriage within the meaning of this act, or any former act or acts relating to the duties on carriages or vehicles kept, used, and employed, or let out for the purpose of conveying passengers for hire; provided the passenger or passengers to be carried or conveyed by any such carriage or vehicle, shall be charged, or shall pay separate and distinct fares, or a separate and distinct fare, or be charged at the rate of separate and distinct fares, for his, her, or their place or seat, or places or seats therein, or conveyance thereby respectively. What shall be deemed a car riage or vehicle within the act. 7. Enacts, that in all actions, bills, plaints, informations or proceedings, to be commenced and prosecuted, &c. in any of H. M.'s courts of G. B., or before any justice of the peace or other magismeaning of this trate in G. B., against any person or persons, for the recovery of any duty, fine, penalty, or forfeiture incurred under this or any former act relating to the duties on carriages or vehicles, kept, used, employed, or let for the conveying passengers for hire, if evidence shall be offered and given that the carriage or vehicle in respect of, or in any manner relating to which, any such action, &c. or proceeding shall be commenced, &c., was seen travelling upon any turnpike road or public highway in G. B., such carriage or vehicle having fixed thereupon a plate or plates as required by this act, or having painted or marked thereupon any of the particulars required by any former act, such carriages or vehicles shall, (unless the contrary be proved) be deemed and taken to be a carriage or vehicle kept, used, employed, and let out for the purpose of conveying passengers for hire to or from or from and to different places in G. B.; and that in all such actions, &c. or proceedings, the person or persons described in the licence granted in respect of such carriage or vehicle shall (unless the contrary be proved) be considered as the person or persons to whom such carriage or vehicle doth belong, and shall be liable to the duty or penalty imposed by this or any former act, relating to the duties on such carriages, &c. Persons autho rized to examine plates, may enter toll houses. Penalty on toll collectors or others impeding persons execut ing this act, 207. 8. Enacts, that it shall and may be lawful for any person or persons duly authorized to examine the plates by this act directed to be fixed and placed upon carriages or vehicles used or employed for the purpose of conveying passengers for hire, from time to time to enter into and remain in any tollhouse or other place, at the gate or bar of which any toll is by law payable, for the purpose of examining such plates. $9. Enacts, that if any toll collector or toll gate keeper, or any other person or persons, shall refuse to permit any person or persons authorized to examine the plates directed to be fixed and placed upon carriages or vehicles, used, employed, or let out for the purpose of conveying passengers for hire, from time to time to enter into and remain in any toll house or other place, at the bar or gate of which any toll is by law payable; or shall obstruct or hinder or molest such person or persons in entering into and 3 G.4. c.95. remaining in such toll house or place as aforesaid, for the purpose of examining such plates; or if any toll collector or toll gate keeper, or any other person or persons, shall in any way hinder, molest, interrupt, or disturb any such person or persons authorized to examine such plates, in the reasonable use of such toll house or other place as aforesaid, for the purpose aforesaid, every such toll collector or toll gate keeper, and every person aiding and assisting such toll collector or toll gate keeper, and every person offending in any of the cases aforesaid, shall for every such offence forfeit the sum of 201. duty. § 10. And whereas it is expedient that all the carriages or ve- Carriages, hicles aforesaid, in respect whereof the duty which shall become horses, &c. made payable by this act, and the said act of the 55 G. 3. and the schedule liable for the thereto; and also all and every horse and horses, harness, and payment of the other articles and things used for the purpose of drawing such carriages or vehicles, should be made liable to the duties in arrear from time to time, by the person or persons to whom any such licence shall be granted; it is enacted, that from and after the said 31st day of August, every carriage or vehicle in respect whereof any duty is imposed, or which shall become payable under this act, or by the said act of the 55 G. 3. and the schedule thereto, and all and every the horse or horses, and harness, and all other articles and things used for the purpose of drawing such carriage or vehicle in the custody of the person or persons, to whom any such licence shall have been granted, or in the custody of any other person or persons, to the use and for the account of or in trust for such person or persons, or any of them, shall be and the same are hereby made liable to, and chargeable with all the duties in arrear, or which shall become due from time to time from such person or persons, in respect of such carriage or vehicle kept, used, or employed by him, her, or them respectively, for the purpose of conveying passengers for hire. any For punishing coachmen or guards for endangering the or furious driving, &c. § 11. And whereas by the said recited act of the 55 G. 3., it was (amongst other things) enacted, that in case the driver of such coach, mail coach, or other carriage, as therein described, or the person acting as guard, should, by intoxication, or by negligence lives of persons or other misconduct (unavoidable accidents always excepted) by intoxication endanger the safety of the passengers in their lives, their limbs, or their property, then and in every such case the driver or guard (as the case may be) so offending, and being convicted thereof by his own confession, the view of a justice (in any case applicable thereto), or the oath or oaths of one or more credible witness or witnesses, before any justice or other magistrate as therein mentioned, should forfeit and pay a sum not less than 57. nor more than 10%. for every such offence; and in case of nonpayment, every such justice or other magistrate above mentioned, were thereby authorized to commit such offender to the common gaol or house of correction for the county, riding, city, town, division, or place where such offence should have been committed, there to remain without bail or mainprize for any time not exceeding six months nor less than three months, at the discretion of the justice or other magistrate above mentioned, by or before whom any such offender should be convicted: and whereas it is expedient to extend the powers given by the said recited act; it is enacted, "that |