XII

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One shudders to think what would become of railway directors and shareholders if the old Law of Deodand were still in existence. It was an ancient enactment, going back to the days of the Saxon kings, by which the object causing the death of a person was forfeited for the benefit of his representatives. At least, that was originally the humane intention of the law, which then really represented the etymology of its name, making it a God-given compensation. Sometimes the death-dealing object was valuable; occasionally it was practically valueless; just as might happen. But, like many another originally just and equitable thing, the Law of Deodand became perverted, and the inevitable Landowner found his account in it. It is difficult to follow the reasoning that, when the person killed left no representatives, made the offending object forfeit to the Lord of the Manor on whose land the accident might happen; but so it came about. Deodand became limited after a time, and instead of those interested receiving the full value of the thing causing death, a jury would sit to assess the damages due according to circumstances. Thus, when the Holyhead Mail ran over and killed a boy on the road near South Mimms, the deodand on the coach and horses was assessed by the coroner’s jury at one sovereign. Rightly considered, however, deodand should not in this case have been levied at all, for the accident was entirely due to a group of three boys, of whom the deceased was one, darting across the road under the horses’ heads to see how nearly they could come to the coach without being run over: a common feat with boys in those days, and one that ruined many a coachman’s nerves. In this case the boy was killed, and clearly by his own fault. Had the deodand not been limited, a curious legal point might have arisen, as it had done before, in the case of a man being killed by a horse and loaded waggon running over him; when, the value of the horse and waggon being claimed, the lawyers successfully raised the point that it was not the horse that killed the man but the waggon. In the result, the deodand was lessened by the value of the horse. This law was finally abolished before railways came into existence, or we might have seen locomotives and whole trains forfeited to relatives of the accidentally killed; or, failing these, to the Lord of the Manor in the particular spot where the accident happened.

A perhaps less sporting practice than that of permitting amateurs to handle the ribbons, but one certainly also less dangerous to the travelling public, was the wholly unauthorised and altogether illegitimate custom that began to obtain in later years of admitting a third person upon the box of the mails.

There was properly but one box seat beside the coachman, and this proud eminence was most ardently coveted by every man. In early coaching days it was attainable by an early appearance upon the scene and by tipping the yard porter; but when competition had rendered coach proprietors keener in their scent for fares, this pride of place was valued by them at a considerable advance upon the inglorious seats away from the bright effulgent genius who handled the ribbons, and diffused a strong odour of rum around “the bench.”

There was a heavy penalty—£50, it has been said—against admitting a third person upon the box, the reason of this tremendous regulation being that the driver, it was considered, could not have sufficient room for doing his work properly when encumbered with more than one passenger on the box.

This heavy penalty, or part of it, was recoverable by any informer, and the result was that the roads were infested by such gentry, not only on the look-out for a contravention of the rule, but practising all manner of dodges to inveigle a good-natured or greedy coachman into letting a third man get up for “just a few miles.”

But the game was so well known that such an application was apt to be answered by a coil of thong winding itself round the thighs of the applicant. There was one particularly active informer, Byers by name, who is referred to in the Ingoldsby legends as “the accusing Byers, the Prince of Peripatetic Informers, and terror of Stage-coachmen, when such things were. Alack! alack!” says Barham, “the Railroads have ruined his ‘vested interest.’”

The interests, “vested” or not, of these informers, were large and varied. Mail and stage-coachmen, postboys, travellers with their tax-carts, and waggoners, all contributed to their income. Sometimes these lynx-eyed fellows would find a coach carrying more passengers than it was licensed for. The discrepancy could be seen at a glance, for all stage-coaches were bound to carry a conspicuous plate stating these particulars. Perhaps the guard would artfully hang a rug over it, and then the common informer, hanging about at the changing place, would lift it up and have a look; finding, after all, that the coach was only carrying its legal complement. Whereupon, the coachman and guard, who had been lying in wait for him, would duck him finely in the nearest horse-trough for his pains.

Even the humble turnpike men were liable to be informed against for not giving a ticket, for taking too much toll, or for not having their names displayed over their doorways.

There were at one time no fewer than five turnpike-gates between London and St. Albans, a distance of only just over twenty miles. The series originally began with the gate on Islington Green, removed afterwards to the Holloway Road, and was continued by the one at Highgate Archway, and others at Whetstone, and South Mimms; the fifth being at the entrance to St. Albans itself. These numerous gates within so comparatively short a distance, gave excellent opportunities to the informing gentry, who were wont to take little excursions into the country along this route, returning with memoranda that brought them a goodly return on their enterprise. They cast their nets wide and captured an astonishing diversity of fish. But their memoranda had to be made with discretion. It was a risky thing to be seen noting down the name of a “collector of tolls,” as a turnpike-man was officially styled. The present writer has held converse with an old man who once kept the toll-gate at South Mimms. Age had withered him, but custom had not staled his reminiscences. He had an especially favourite and Homeric story of an encounter with one of these pests.

It was springtime, and our toll-keeping friend had a mind to whitewash the exterior of his house. To this end he not only took down the climbing roses, that rendered his official residence a fugitive glimpse of beauty to those who fared the road by coach, but he also removed his name-board. To him entered, while engaged in wielding the whitewash brush, one of the informing species, who, thinking himself unobserved, made to examine the board, lying face downwards, on the ground. Our friend, however, was not so intent upon his whitewashing but that he saw with the tail of his eye what was toward behind him. He must have been a man of elemental passions, for he reached over, his brush fully charged, and delivered a staggering sideways blow with it upon the face of the unsuspecting note taker. “I gin him a good ’un,” he always used to say; “but he come up for more, an’ I punched his head and kicked his ——” No matter what he kicked. Suffice it to say that his language was forcible, adjectival, and Saxon.

                                                                                                                                                                                                                                                                                                           

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