billings vers eeds Intr mich I Ann b r rot SC salk a man may let a coachman  and horse without have a licence from the commissioner of hackney coach upon a  special verdict in a action of trespass for take the plaintiff horse the case  be a gentleman here in town have a chariot and harness of his own and contract  with the plaintiff to furnish he with a pair of horse and a coachman whenever  he shall have occasion and pay he for it per annum but the the plaintiff have  no licence from the commissioner of hackney coach to keep hackney coach and  whether any person can let coach horse here in town to a gentleman to drive he  about town except he have a licence to keep a hackney coach be the question  upon the W m c and the case be argue by Darnall king sergeant and Mr  attorneygeneral for the defendant but manifest against the stream the court  from Lord Raymond the beginning conceive it a clear case for the plaintiff and  upon the second argument the court give judgement for the plaintiff because  though in the beginning of the bold clause sect and also in the prohibitory  clause sect hackney coach or coach horse be mention in the disjunctive yet  that must be understand coach horse to be use with a hackney coach for all the  other provision in the Act be restrain to hackney coach as the number to be  licence the fine to be pay and the annual rend and if the Act have intend that  keep hackney horse distinct from hackney coach shall have be licence it will  have make some provision about it and have reserve some revenue out of it and  holt and Powell say that the forfeiture of be for keep a hackney coach or  horse without licence can be extend to no keep of coach horse but such as the  commissioner have power to licence and may have be licence by the commissioner  but for the reason before mention hackney coach horse distinct from a hackney  coach can be licence to be keep by the commissioner and therefore the keep  they without licence be not within the restrain clause and they say this will  be a very hard construction for at this rate if a gentleman horse fall lame he  can not hire another but must either buy another or lie still that this trade  of let out horse have be use a long time and be lawful for any man to do by  the commonlaw and therefore the subject ought not to be restrain from it  without express word that this particular manner of keep a coach and hire the  horse be a method know and in use before this Act be make note upon the  argument of this case Powell say and the chief justice agree that if a keep a  pair of horse and b have a coach and let they to b who drive they about with  the coach as hackney that this will be keep a hackney coach without licence in  both of they note to the first edition a judgement be give for the plaintiff