injure or disfigure the mouth of a patient, he is liable to damages; or,

10311. If he supplies artificial teeth which are obviously unsuitable, he cannot recover his charge; but,

QUACKS.

10312. No Remedy.—If a person takes a malady to a quack, well knowing him to be one (10309), and the treatment results in disastrous consequences, through the unskilfulness or blunder of the quack, though the quack may be liable to penal consequences, the patient has no claim for damages.

ARCHITECTS.

10313. Impracticable Plans.—If a person employs a professed architect to prepare plans and estimates for a building, and the plans prove impracticable; or,

10314. Erroneous Estimates.-The estimates prove widely erroneous, the architect is not entitled to any payment, and is liable for any consequent damage to his employer; but,

UNQUALIFIED PERSONS.

10315. Entitled to Payment.-If a person employs a non-professional man to make plans and estimates for a building, he is entitled to full payment, and is not liable for damages, however impracticable or erroneous the plans and estimates may be, unless it can be proved that he was wantonly careless or indifferent about the result (10317).

10316. Implied Risk.-If a person proposes to a mere labourer to build a house, or to a bookbinder to make a coat, or to a charwoman to make a dress, or to a tinker to make a set of teeth, such person impliedly takes the risk of any defects which result from the unfitness of his selection of the operator, and must pay the price agreed if the work is ostensibly finished; thus,

10317. Unskilled Building.—A labourer consented to build awall for a stated sum. He built it so badly and so much out of the perpendicular that it was dangerous; but he was held to be entitled to full payment, as there was evidence that he had done his best (10315).

TASKWORK IN PROGRESS.

10318. Reasonable Time.—If taskwork, or other work to order, is commenced, the operator is bound to get it done in reasonable time; and

10319. Unreasonable Delays.—If an employer of taskwork finds that it is carelessly or unreasonably delayed or suspended, he is entitled to stop it and abandon it, or recover damages, or make a new contract with another party, the original contractor being entitled only for the bare value of the work actually done by him.

COMPLETION OF TASKWORK.

10320. Express Stipulation.-If a contractor for taskwork expressly stipulates and consents that he is not to be paid at all unless the work is done by a stated time, and it is not then done, he forfeits all claim to any payment whatever, though the employer may have the benefit of what he has done; but,

10321. Vague Understandings.-If a contractor undertakes to do taskwork, and there is a mere vague understanding that it is to be done by a given time, or the time is mentioned positively without any mention of payment, then when the time arrives, if the work is not done, the employer, though he may stop the work, or contract with some other party for its completion, or sue for damages, must pay the original contractor for what he has actually done by fair valuation.

10322. Obstacles.-If a contractor for taskwork finds that his employer puts obstacles in his way, or does not afford promised or reasonable facilities, he may stop at any time and recover for what he has done, and damages; but,

10323. Obligation to Complete.-If an employer of taskwork affords reasonable facilities for the progress of the work, the person employed is bound to complete it within specified or reasonable time, or is liable for damages; on the contrary,

10324. Right to Stop.-If an employer of taskwork, for any reason or no reason, thinks proper to stop the work, he may do so when he pleases, paying only for what is actually done, with compensation; thus,

10325. Half-finished Buildings.-If a building contractor when half way through a contract is peremptorily stopped by his employer without cause, he is not entitled to payment as if the work had been completed, but only to the value of what is actually done, together with compensation equal to the nett profit he would have made had he been permitted to carry the work on to completion.

CARRIERS.

DISTINCTIONS.

KINDS.

10326. In order to appreciate the law relating to carriers it is necessary to consider the various kinds of duty which are undertaken under that head.

10327. Varieties.—The various kinds of carriers may be generally divided into official carriers (10350), voluntary carriers (10378), jobbing carriers (10382), common carriers (10386), railway carriers (10752), canal carriers (10387), carriers by steamboat (11162), and carriers by sea (10494).

10328. Classes.-There are two distinct classes of carriers, namely, carriers of goods (10386) and carriers of passengers (10660).

RESTRICTIONS.

10329. Porters.—As a general rule, men and boys who carry or convey goods by hand vehicles are at liberty to do so without tax or licence; but,

TAXES.

10330. All carrying not done by hand labour is subject to heavy restrictive taxes.

10331. Horses. Every owner of a horse for carrying purposes must pay a tax thereon; and

10332. Vehicles.-Every vehicle used for carrying purposes has to bear a tax; and

10333. Licences.-Every person who carries passengers without a licence in addition to the taxes, is subject to various penalties; and

10334. Passenger Receipts.-Railway companies have to pay a tax upon their receipts from passengers, with one exception only (10869).

PROHIBITIONS.

10335. Post Office Monopoly.-The systematic conveyance of letters and telegrams can only be legally undertaken by the post office authorities; for,

10336. Letters and Telegrams.—It is illegal for any person to exercise the office of carrier, for fee or reward, of any letter or telegram, in contravention of the Post Office and Telegraph Acts; and

10337. Penalty of £5.-Every person who carries letters, or transmits telegrams, for any fee or reward, is liable to a penalty of £5 for every letter or telegram so carried or transmitted; and

10338. Penalty of £100.-If any person assumes to engage in the business of carrying letters or telegrams, for fees or charges, he is liable to a penalty of £100 for every day during which such business is assumed; and

10339. Telegraphic Communications.—It is illegal for any person to construct or maintain telegraphic communication of any kind, beyond the limits of his own premises, without a special licence from the post office authorities; but,

10340. Telegrams Gratis.—Any person duly licensed to construct and maintain telegraphic communication for his own purposes, is at liberty to transmit telegrams for his friends and others, provided he makes no charge nor obtains any reward directly or indirectly for so doing; and

10341. Letter Carrying Gratis.—Any person may carry a letter or letters for another, whether a friend or a stranger, provided he takes no fee nor derives any pecuniary consideration for doing so; and

10342. Letters per Servants.-The post office prohibitions do not extend to prevent a servant from carrying the letters of his master, either as part of his service, or as his sole occupation, provided he makes no charge in respect of each letter or any stated number of letters.

10343. Letters Only.-Post office prohibitions are strictly confined to letters only; though,

10344. Definition.-The term " letter," under post office law, signifies any paper or other packet appearing to be a letter in any kind of envelope not open at the ends, or any card conveyed by any kind of organization calculated to compete with the post office arrangements, in respect of post cards; but,

10345. Packets.-There is no legal bar to the conveyance of

written or printed papers of any kind, not being or appearing to be bona-fide letters, such as written or printed circulars open at the ends, newspapers and other publications, and miscellaneous parcels, all of which may be conveyed for payment by any person, on any terms, subject, of course, to the universal restrictions (11173).

SUNDAYS.

10346. The prohibitions upon carriers extend to the prevention of plying on Sundays; thus,

10347. Horses.-Every carrier who plies with a horse or horses for the conveyance of goods on Sunday is liable to a fine of 20s. for every offence-the informer being entitled to one-third.

10348. Vehicles.-The prohibition of carrying on Sundays applies against the use of horses and any kind of vehicles, either for conveyance, delivery, or collection; but,

10349. Canals and Railways.-The prohibition of carrying on Sundays applies only nominally and not practically to boats drawn by horses upon canals, and not to vehicles drawn by horses or steam on railways.

OFFICIAL CARRIERS.

THE POST OFFICE.

10350. Exclusive Right.-The exclusive right of official carrying rests with the post office; and

10351. Privileges.-The post office is surrounded with privileges and immunities unknown in any other connection; thus,

10352. Security of Letters.-The only security for a person, in sending a letter or a telegram through the post office, is general confidence in the integrity of the system; for,

10353. No Legal Obligation.-The post office, as between it and strangers, is under no legal obligation or liability whatever.

10354. Delivery. The post office is not legally bound to deliver, nor to account for the loss of, any letter or telegram entrusted to it, whether registered or not; so that,

10355. Losses.-Inquiries respecting detained or lost letters or telegrams are only entertained in the way of courtesy, and in evidence of good faith; and

10356. Damages Impossible.-Any attempt to recover from the post office letters or telegrams, or damages for their loss, detention, or injury, by legal proceedings, would be utterly futile.