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(103)
LAW RESPECTING CARRIAGE.
If a Carrier has goods Jtolen from him, he may pre-
fer an indictment againft the felon, as for his own
goods; for though he has not the actual property, yet
he has fuch a pofTeiTory property, that he may main-
tain an action of trefpafs againft any one who takes
them from him, and may therefore indict a thief for
taking them. The indictment would alfo have been
good, had it been brought by the real owner.
A Carrier fhall not evade the law, by refufmg to
carry goods at the prices limited: for if a Common
Carrier, who is offered his hire, and has convenience,
refufes to carry goods, he is liable to an action, in
the fame manner as an inn-keeper who refufes to en-
tertain a gueft, or a fmith who refufes to fhoe a horfe.
A Carrier may refufe to admit goods into his ware-
house at an unfeafonable time, or before he is ready
to take his journey: but he cannot refufe to do the
duty incumbent upon him, by virtue of his public em-
ployment.
A delivery of goods to the Carrier's fervant, is a
delivery to the Carrier; and if they are delivered to a
Carrier's porter, and loft, an action will lie againft
the Carrier.
A Carrier may refufe to deliver goods without be-
ing paid his hire. And if the goods are ftolen, the
right owner (hall not have them without paying fc r
the carriage; for as the Carrier is obliged to receive
and carry them, the law will not deprive him of the
remedy for the reward due for the carriage.

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