drove the coach, who promised to take care of it, but lost it: Holt chief justice held, that the master was not chargeable, and that a stage coachman is not within the custom, as a carrier is, unless the master make a distinct price for the carriage of the goods as well as of the persons. 1 Salk. 282. But see 4 Esp. Rep. 177. 6 East. 564. 2 Bos. and Pull. 419. Selv. N. P. 323. 1 Esp. Rep. 37. (Day's edition) note (1) where the above doctrine is overruled. By the custom and usage of stage coaches, every passenger uses to pay for the carriage of goods above such a weight; and in such case the coachman shall be charged for the loss of goods beyond such weight. 1. Com. Rep. 25. See the limitation in the cases above cited. An action was brought against the Birmingham stage coachman, for 1001. in money, sent from Birmingham to London by his coach, and lost. It was hid in hay, in an old nail-bag. The bag and the hay arrived safe; but the money was gone. The coachman had inserted an advertisement in a Birmingham newspaper, with a nota bene, that the coachman would not be answerable for money or jewels, or other valuable goods, unless he had notice that it was money or jewels, or other valuable goods, that was delivered to him to be carried. He had also distributed hand bills of the same import. It was notorious in that country, that the price of carrying money from Birmingham to London was three pence in the pound. The plaintiff was a dealer at Birmingham; and frequently sent goods from thence. It was proved that he had been used, for a year and a half, to read the newspaper in which this advertisement was published; though it could nat be proved that he had ever actually read or seen the individual paper within which it was inserted. A letter of the plaintiff's was also produced, from whence it appeared that he knew the course of this trade, and that money was not carried from that place to London at the common and ordinary price of the carriage of other goods. And the jury found a verdict for the defendant. On behalf of the plaintiff it was moved for a new trial; and a rule was obtained to shew cause. On shewing cause, the court were of opinion that the verdict was right. By the general custom of the realm, a common carrier insures the goods at all events. And it is right and reasonable that he should do so. But he may make a special contract; or he may refuse to contract, in extraordinary cases, but upon extraordinary terms. And certainly the party undertaking ought to be apprised what it is that he undertakes; and then he will, or at least may, take proper care. But he ought not to be answerable where he is deceived. Here he was deceived. The money was hid in an old nail-bag; and it was concealed from him that it was money. The true principle of a carrier's being answerable is the reward. And a higher price ought in conscience to be paid him for the insurance of money and other valuable things, than for insuring common goods of small value. And the rule was discharged. 4 Burr. 2298. Gibbon v. Paynton. Where goods are stolen from the carrier, he may prefer an indictment against the felon, as for his own goods; for though he has not the absolute property, yet he has such a possessory property, that he may maintain an action of trespass against any one who takes them from him, and so may indict a thief for taking them; and the indict ment were good also, if it had been brought by the real owner. Kelynge 39. And there is a special case, wherein it is said, that a man may commit larceny by stealing his own goods delivered to the carrier, with an intent to make him answer for them; for the carrier had a special kind of property in the goods, in respect thereof, if a straner had stolen them, he might have been indicted generally as having stolen the said carrier's goods, and the injury is altogether as great, and the fraud as base, where they are taken away by the very owner. Haw. B. 1. c. 33. s. 30. In an action of trover against a common carrier, for goods delivered to him to carry; on not guilty pleaded, the defendant gave in evidence, that he offered to deliver the goods to the plaintiff, if he would pay him his hire; but that the plaintiff refused, and therefore he retained them. And it was ruled by Holt chief justice, that a carrier may retain the goods for his hire. And by his direction a verdict was given for the defendant. L. Raym. 752. And even if the goods be stolen goods, yet the right owner shall not have them without paying for the carriage. For the carrier being obliged to receive and carry the goods, the law will not deprive him of the remedy for the reward due for the carriage. Ibid. 166. See, as to the lien of carriers, Selw. N. P. 337. By the general custom of the country, the common carrier insures the goods at all events; but he may make a special contract, in extraordinary cases, on extraordinary terms. 4 Burr. 2302. 1 Term. Rep. 33. And so he may limit his liability by general or special notices; as by publishing in a newspaper, or in hand-bills, or by placing in conspicuous places in the office, that he will not be liable, unless the property conveyed be entered and paid for, in proportion to the risk, &c. See Selw. N. P. 328, 334, and the cases there cited. See also, 1 Esp. Rep. (Day's edition) S7, note. A ship-master, who undertakes to carry goods safe, must deliver them so, unless damaged by the act of God, or the enemies of the commonwealth; and in an action, the plaintiff need only prove their good order when delivered on board, and their being damaged when delivered out; evidence will not be allowed to shew that the defendant was careful; as that the ship was tight when the goods were put on board, but that the rats had knawed out the oakum. 1 Wils. 281. But the master of a hoy shall not be chargeable for goods lost or damaged by tempest. Str. 128. A carrier, who undertakes for hire to carry goods, is bound to deliver them at all events, except damaged or destroyed by the act of God, or the commonwealth's enemies, even though the jury expressly find, that the goods were destroyed, without any actual negligence in the carrier, as where the loss was occasioned by accidental fire. 1 Term. Rep. 27. 5 T. Rep. 389. And an action lies against the executor or administrator of a carrier; for it is founded upon the contract. 5 Mod. 92. For the plaintiff may declare either in assumpsit or tort; but the modern practice is to declare in assumpsit. See a great variety of precedents in HENING'S LAWYER'S GUIDE, under heads of "AsSUMPSIT." and " TORTS" of various kinds. See also, Selw. N. P. 339, 342, the advantages and disadvantages of each species of action. CATTLE. THE regulations prescribed by law for driving cattle through this state may be found in the first volume of the Revised Code (printed in 1803) page 274, sect. 6, 7, 8, which book being in the hands of every magistrate, it will be unnecessary to insert the law in this place: The following forms, it is presumed, will suffice. (A) Warrant to two freeholders to view the cattle previously to granting a bill of health. county, to wit. To A F and B F, two freeholders of the said county. in this These are Whereas A D hath this day, according to act of Assembly, made application to me J P, one of the commonwealth's justices of the peace for the county aforesaid, for the purpose of obtaining a bill of health for head of nett cattle, driven by him into this commonwealth from the state of North Carolina, and now at county; a description of which cattle is hereto annexed: therefore, in the name of the commonwealth, to require you, immediately upon the receipt hereof, to repair to the said amine into the health and condition of the said cattle, and forthwith make report thereof to me, or some other justice of the peace for this county. Herein fail not. Given under my hand this in the year and to ex day of J. P. I have thought it most proper to draw the warrant, annexing to it a description of the cattle, because the magistrate is required to sign the bill of health, describing the cattle particularly, but not until two freeholders have reported them to be sound, which is all they are required to do. (B) Description of head of cattle brought into this state from North Carolina, by A. D. and referred to in the foregoing warrant. Bulls marked, &c. Steers marked, &c. Cows marked, &c. Heifers marked, &c. (C) Report of the freeholders. county, to wit. Pursuant to a warrant to us directed by J P, a justice of th peace for the said county, we have this day examined into the health and condition of head of cattle, shewn to us by A D, and answering to the description annexed to the said warrant, and do find them to be free from all kinds of contagious distempers. Given under our hands, &c. - (D) Bill of health. A. F. county, to wit. I, J P, a justice of the peace for the said county, do hereby certify, that the health and condition of head of cattle, driven by A D from the state of North Carolina, a description of which said cattle is hereto annexed, have, in obedience to my warrant, and according to law, been examined into by two freeholders of this county; and the said freeholders have reported to me that the said cattle are free from all kinds of contagious distempers. Given under my hand and seal, &c. Το J. P. (E) Warrant against a freeholder refusing to act. constable. county, to wit. Whereas complaint, &c. by A D, a driver of cattle through this county, that A F, a freeholder of the said county, to whom my warrant hath been directed, for the purpose of examining into the health of the said cattle, doth altogether refuse to obey the said warrant, contrary to the act of Assembly in that case made and provided: These are therefore, &c. Penalty for not acting, any sum not exceeding five dollars. (F) Warrant for slaughtering the cattle, where they are reported distempered, and the driver refuses to impound them, or suffers them to escape, before a justice certifies that they may be removed with safety. county, to wit. Whereas it appears to me, JP, one of the commonwealth's justices of the peace for the county aforesaid, from the report of A F, and B F, two freeholders of the said county, to whom my warrant was directed, for the purpose of examining into the health and condition of head of cattle, driven into this county fron the state of North Carolina, by A D (a description of which cattle is hereto annexed) that the said cattle are infected with a contagious distemper; and that the said A D refuses to impound the said cattle (or hath suffered them to escape, without having first obtained a certificate from some justice of the peace for this county, that they may be removed without annoying others, as the case may be.) These are therefore, in the name of the commonwealth, to require you immediately to kill all the cattle in the said drove, and to bury the carcasses, with the hides on, at least four feet deep, but so cut or mangled, that none may be tempted to take them up and flay them. Herein fail not. Given under my hand and seal this in the year day of To A B, B B, C B, &c. to execute. Fee, eighty-three cents each head of cattle, to be paid by the county. (G) Warrant against a person refusing to execute the foregoing warrant. Το constable. county, to wit: Whereas complaint, &c. that A B, one of the persons to whom my warrant was directed, for the purpose of slaughtering head of cattle, driven into this county by A D, from the state of North Carolina (which were reported to me to be infected with a contagious distemper, by A F and B F, two freeholders, appointed by me to view the said cattle) hath altogether refused to execute the said warrant. These are therefore to require you, &c. to summon, &c. (H) Licence of a magistrate to remove cattle impounded, in consequence of their having been distempered. county, to wit: Whereas head of cattle, driven into this county by A D, from the state of North Carolina, have been impounded by the said A D, from the day of last past, in consequence of a report having been made to me by AF and B F, two freeholders of this county, appointed to view the said cattle, that the said cattle were infected with a contagious distemper; and it appearing to me, from satisfactory information, that the said cattle may now be removed without annoying others. These are therefore to authorise the said AD to proceed on his journey with the said cattle, subject only to such regulations as may be further imposed by law. Given under my hand and seal, &c. (1) Certificate of a magistrate, to be made on the back of the driver's manifest. county, to wit: I, JP, a justice of the peace for the county aforesaid, in the commonwealth of Virginia, do hereby certify that A D, of the county of |