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Penalty for not taking out licence.
Penalty not recoverable where duties are paid within time prescribed.
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27. Every person who shall employ any male servant, or keep any carriage, . . . or wear or use any armorial bearings, . . . without having a proper licence under this Act, and every person who shall employ a greater number of male servants, or shall keep a greater number of carriages, . . . than he shall be authorized to employ or keep by any licence or licences granted under this Act, or shall wear or use armorial bearings otherwise than as authorized by any such licence, shall forfeit the penalty of twenty pounds over and above any other penalty to which such person may be liable; provided that such penalty shall not be recoverable where the defendant in any proceeding for the recovery of the same shall prove to the satisfaction of the justices before whom such proceeding shall be depending that he had delivered a declaration, and paid the proper duties, and obtained a proper licence, within the time prescribed by this Act; provided also, that if in any proceeding for recovery of the said penalty any question shall arise as to the number of servants employed, or the number of carriages, . . . kept or used, or the weight of any carriage kept or used, by the defendant, or whether the defendant was entitled to any exemption from licence under the provisions and regulations contained in this Act, the burden of proving the number or weight, or right to exemption, as the case may be, shall lie upon the defendant.
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