verdict against him on the first count, upon the ground that he has broken an original contract; but that he is liable to nominal damages only, upon the principle laid down in Marzetti v. Williams (y). As to those counts of the declaration which are framed upon a direct guarantie given by the defendant himself, it is sufficient to observe that his contract is liable to the same objection as that above stated to the guarantie of Macqueen. But it may further be answered that the defendant's guarantie was not given until after the ship had been allowed to sail, that is, until after the consideration had taken place; for, the letter was not written until the month of November, whereas the ship was allowed to sail on her voyage on the 10th October preceding. And, although it may be true, as was urged in argument, that it is of no consequence that the agreement was not reduced to writing until long after it was made, nothing more being necessary than that an agreement in writing should be produced in evidence at the trial of the cause; yet in this case the defendant's guarantie was not only not written, but never entered into or given until long after the ship had been allowed to sail, that is, long after the alleged consideration for giving it had taken place. His guarantie was never thought of at the time, nor until long after, when it was found impossible to get Macqueen's. Such guarantie, therefore, appears to have been given without any consideration whatever. Upon the whole, therefore, we think the verdict ought to stand for the plaintiffs upon the first count, but that the damages ought to be reduced to one shilling. Rule accordingly. 1834. BUSHELL v. BEAVAN. (y) 2 Barn. & Ald. 415. 1834. Friday, June 6th. By the 6 Geo. 4. ty of one-fifth THIS HAMMOND V. HOOLEY. was an action of assumpsit for money had and c. 62, s. 2, a du- received for post-horse duties. At the trial before Mr. Baron Bayley, at the Chester Spring Assizes, 1833, a verdict was found for the defendant. Upon a motion for a new trial, it was directed that the opinion of the Court part of the sum charged to the hirer, or 1s. 9d. for each horse, is payable on a letting to hire to should be taken on the following case : go no greater distance than eight miles from ting. By the 8th section the commissioners of stamps are di to every post The plaintiff was, during the whole period over which the place of let the demand extended, the farmer of the post-horse duties for the counties of Chester and Lancaster. The defendant was a postmaster letting out horses for hire at Knutsford rected to deliver in the county of Chester, and within the district of the plaintiff. From the 7th of February, 1828, to the 25th of January, 1831, the defendant let to hire on various occasions divers horses, to go no greater distance than eight miles from the place of letting to hire. On each of those occasions such horses were let to take out and bring back the persons hiring them; and on each occasion actually did bring back one or more persons. master printed sum charged for shall be answer able and accountable for Blank forms for the weekly returns of duties, prepared according to the directions of the 8th section of the 4 Geo. 4, c. 62, were from time to time delivered to the defendant by the collector for the plaintiff, which were filled up by the defendant and periodically delivered back to the collector. In those returns, such lettings as are above deeach horse so let scribed, viz. to go no greater distance than eight miles, and one-fifth part of sum of mo such ney so charged, or for the sum of 1s. 9d. for for hire; and shall enter such one-fifth part of such sum charged or the sum of 1s. 9d. for each horse, as and for the duty payable in respect of any horse so let for hire." By s. 12, the postmaster is required to give bonds in a penalty for rendering true accounts; and by ss. 33 and 34, the farmer of the duty is authorized to require him to verify his account on oath before a magistrate. The defendant, a postmaster, in his weekly return inserted the sum of 2s. 6d. as the duty payable for two horses hired for a distance of five miles, without stating the sum charged for the hire :-Held, that he had an election to charge himself either with the duty of 1s. 9d. per horse or one-fifth of the hire; and that, by the non-insertion of the fixed duty in the return, he had sufficiently declared his election to be charged with a fifth of the hire, and (no fraud being suggested) was not, by reason of his omission to insert in the return the amount of the hire, chargeable with the duty of 1s. 9d. per horse. bring back, were entered according to the following 1834. scale: HAMMOND v. HOOLEY. The sums thus returned as the amount of duty payable upon such lettings to hire respectively were every six weeks, during the whole period covered by this action, paid by the defendant to the collector of the plaintiff. In none of the entries so made by the defendant and delivered to the plaintiff which relate to the several lettings above described, was there any statement of the sums charged to the hirer for such letting to hire. By the 2nd section of the 6 Geo. 4, c. 62, there is imposed for every horse let for hire to go no greater distance than eight miles from the place of letting for hire every such horse, a duty of one-fifth part of the sum charged for such letting for hire, or one shilling and nine-pence for every horse and upon every horse let for hire to go no greater distance than eight miles from the place of letting, where such horse shall not bring back any person, and shall not deviate from the usual line of road between the place of letting and the place to which every such horse shall be hired to go, the sum of one shilling. By the 8th section, it is enacted "that the commissioners, at the time of issuing any license, shall deliver or cause to be delivered to every post-master or other person to whom such license shall be granted as aforesaid, printed or written papers intituled 'Stamp-office weekly accounts,' which shall be adapted for the insertion of the following particulars relating to the horses which may be let for hire, viz. the day 1834. HAMMOND v. HOOLEY. of the month, the month, and the year of such letting for hire, the names of the towns or places from which and to which, or from which and to which and back again, according as the hiring may be, the number of every carriage required by this act to be numbered, the Christian and surname of every postillion or driver employed, the amount of the sum charged for or in respect of every letting for hire, the number of horses let for hire, the number of days and the number of miles for which such horses shall be let for hire, and the amount of the duty payable for and in respect of every such letting for hire, as the case may be or shall require, according to the following or such other form as the said commissioners shall judge convenient for keeping the accounts." By the 12th section, the postmaster is required to give bonds in a penalty for rendering a true account. And by the 30th section it is enacted, "that, from and after the 31st January, 1824, every person letting horses for hire as aforesaid shall insert and set forth in his Stamp-office weekly account the several particulars following; that is to say, whenever he shall let for hire by the mile any horse, the day of the month, the month, and year for which such horse shall be let for hire, the names of the towns or places from which and to which, or from and to which and back again, such horse shall be hired to go, the number of every carriage which he shall furnish with any such horse (if by this act required to be numbered), the Christian and surname of every postillion or driver employed therewith, the number of horses so let for hire, and also the amount of the duty payable for and in respect of every such letting for hire; and, whenever such person letting horses for hire as aforesaid shall let any horse for hire for a day or less period of time, to be used within the distance of eight miles from the place of letting for hire such horse as aforesaid, for the purpose of drawing any carriage carrying any person as aforesaid, he shall insert and set forth in his Stamp-office weekly account the several particulars following (that is to say), the day of the month, the month, and year on which such horse shall be let for hire, the number of every carriage, if by this act required to be numbered, the Christian and surname of every postillion or driver employed with such horse, the number of horses so let for hire, and the amount of the sum charged for such letting for hire; and shall be answerable and accountable for onefifth part of such sum of money so charged, or for the sum of one shilling and nine pence for each horse so let for hire; and shall enter in his Stamp-office weekly account such one-fifth part of such sum charged, or the sum of one shilling and nine pence for each horse, as and for the duty payable in respect of any horse so let for hire as aforesaid; and, whenever such person or persons letting horses for hire as aforesaid, shall let for hire any horse to go no greater distance than eight miles from the place of letting for hire such horse, where such horse shall not bring back any person or persons, and shall not deviate from the usual line of road between the place of letting and the place or distance to which such horse shall be hired to travel or go, for the purpose of drawing any carriage or vehicle conveying any person as aforesaid, he shall insert and set forth in his Stamp-office weekly account the several particulars following (that is to say), the day of the month, and month and year on which such horse shall be so let for hire, the number of every carriage, if by this act required to be numbered, the Christian and surname of every postillion and driver employed with such horse, the number of horses so let for hire, and also the amount of the duty payable for and in respect of every such letting for hire as aforesaid." The duty prescribed in the 30th section is the same as that in the 2nd. The statute then goes on to prescribe the mode of weekly accounts in cases of letting of horses for less than twenty-eight days, and in cases of letting of |