§ III. 3. Forms. self saith, that [here state the facts under which the supposed charge was made And these deponents severally say, that their characters, as well for honesty as industry, are well known to a great many respectable gentlemen and persons at T., f whom they have worked as — for mang years, as well as many other resper able persons of character, and many of whom have voluntarily stood forward ma offered to become bail for their appearance at the next session, to take their trial any indictment which may be preferred and found against them: and lastly, the deponents severally say, they have both wires and large families to maintain by the daily labour, and therefore most humbly pray your lordship to grant them his Magi ty's writ of habeas corpus, to bring them before your lordship to be bailed accordingly, and that your lordship will be pleased to order that a writ of certiorari may be is to the committing justice, to produce before your lordship the examinations and depositions taken before him, which grounded the commitment. And this deponent, A. B., for himself saith, that he (this deponent) hath examined the annexed copy", commitment with the original commitment at the gaol at —, and that the same is C. D. E. F, Sworn by the deponent, A. B., at &c. A. B. Before me, J. P., by commission. Victoria, by the grace of God of the united kingdom of Great Britain and Ir land, Queen, defender of the faith, To the keeper of our gaol of deputy, greeting. -, al· We command you, that you have before us at Westminster-hall, immediately fr the receipt of this writ, the body of C. D., being committed and detained in w under our custody (as is said), together with the day and cause of the taking and at • taining of the said C. D., by whatever name the said C. D. be called in the sto undergo and receive all and singular such things as our court shall then and ther consider of him in that behalf, and that you have then there this writ. Wisc Thomas, Lord Denman, at Westminster, the day of —————, in the our reign. By the court, · year D. [Indorsed on the writ as follows:]-The execution of this writ appears is a tain schedule hereunto annexed. E. F., Keeper. 1, E. F., keeper of her Majesty's gaol of · - at, in the writ to this c dule annexed named, do certify and return to our sovereign Lady the Queen, ti before the coming to me of the said writ, (that is to say), on &c., C. D., in the s writ also named, was committed to my custody, by virtue of a certain warran commitment, the tenor of which is as follows: [here insert a copy of the warra And these are the causes of the detaining of the said C. D., whose body I have es ready, as by the said writ I am commanded. [See the form and return, ante, " Certiorari," Vol. I., p. 585.] E. F., Keeper o'clock i Take notice, that C. D., now a prisoner in her Majesty's gaol of Maidstone, in for the county of Kent, on a charge of [as the charge may be], will be brought by virtue of her Majesty's writ of habeas corpus before the honourable Sir J. L, of the justices of her Majesty's court of Queen's Bench, on &c., by the forenoon of the same day, at [his chambers, in Rolls' Garden, Chancery Lane, La don], or before such other of the judges of the said court of Queen's Bench, who she be then present, in order to the said C. D. being admitted to bail for his persona appearance at the next session of oyer and terminer, and general gaol delivery, ta held in and for the county of K., then and there to answer all such matters and third as shall be objected against him in her Majesty's behalf; and the names of the b are E. F., of &c., G. H., of the same parish, gentleman, J. J., of &c., and K. L. of &c. Dated this &c. Yours, &c., M. N., Attorney for the said C. D. To A. B., of &c., the prosecutor, and also to J. P., of &c. 437 Hackney Coaches, &c. THE acts of Parliament now in force regulating hackney coaches, carts, waggons, drays, and public carriages, in and near London, are the 1 & 2 Will. IV. c. 22, and the 6 & 7 Vict. c. 86. The 1 & 2 Will. IV. c. 22, intituled "An Act to amend the Laws relat- 1 & 2 Will. 4, c. 22. ing to Hackney Carriages, and to Waggons, Carts, and Drays, used in the Metropolis; and to place the collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioners of Stamps," [22d September, 1831] repeals all the prior statutes on the Repeal of acts. subject. By sect. 2, former licenses are to cease, and plates are to be delivered up to commissioners of stamps. Sect. 3. "From and after the commencement of this act there shall be raised, levied, and paid unto and for the use of his Majesty, his heirs and successors, for and in respect of every license and every hackney carriage mentioned and described in the schedule (A.) to this act annexed, the several duties or sums of money set down in figures against the same respectively, or otherwise specified and set forth in the same schedule; and that the said schedule shall be deemed and taken to be part of this act; and that all the said duties shall be under the management of the commissioners of stamps, and shall be denominated and deemed to be stamp duties (a)." Grant of stamp duties specified in hereto annexed. the schedule (A.) Sect. 4. "Every carriage with two or more wheels which shall be used Definition of a for the purpose of standing or plying for hire in any public street or road hackney carriage. at any place within the distance of five miles from the General Post Office in the city of London, whatever may be the form or construction of such carriage, or the number of persons which the same shall be calilated to convey, or the number of horses by which the same shall be drawn, shall be deemed and taken to be a hackney carriage within the Tueaning of this act; and in all proceedings at law or otherwise, and Description of in upon all occasions whatsoever, it shall be sufficient to describe any such proceedings. carriage as aforesaid by the term 'hackney carriage,' without further or otherwise describing the same: Provided always, that nothing in this act contained shall extend to any stage coach used for the purpose of standing or plying for passengers to be carried for hire at separate fares, and being duly licensed by the commissioners of stamps for that purpose, and having thereon the proper numbered plates required by law to be placed on such stage coaches." pay Sect. 5. "The duties granted by an act passed in the fourth year of the reign of his late Majesty King George the Fourth, intituled An At to repeal the duties on horses let to hire for the purpose of travelling in Great Britain, and to grant other duties in lieu thereof, and to provide for Ling the same to farm, shall not be deemed to attach upon or be ble in respect of any horse used in drawing any hackney carriage which hall be duly licensed under the provisions of this act, where the same all be used to go no greater distance than ten miles from the General Post Office, in the city of London, provided such hackney carriage shall he regularly and constantly used for the purpose of standing and plying for hire in the public streets or roads within the distance of five miles from the said General Post Office." Sect. 6. "It shall not be lawful for any person to keep, use, employ, let to hire any hackney carriage, at any place within the distance of five miles from the General Post Office in the city of London, unless a) Previous to this enactment it was not necessary to pay anything for the icense itself; but the amount payable in respect of the license, viz. 10s. per week during its continuance, is still the same. (b) See title" Stage Coaches," Vol. V. Proviso as to stage coaches, Horses drawing hackney carriages not subject to duties imposed by horses let for 4 Gen. 4, c. 62, on hire (b). Hackney carriages not to be kept nor without plates. without licenses, 1 & 2 Will. 4, c. 22. such person shall have a license in force so to do under the hands of two of the commissioners of stamps, or under the hand of some person duly authorized by the said commissioners to grant such license, nor unless there shall be fixed on such hackney carriage, in the manner hereinafter mentioned, the numbered plate hereinafter directed to be delivered with every such license." Licenses to be granted by commissioners of stamps or their officers. Plate to be deli Sect. 7. "Any two of the commissioners of stamps, or any pers duly authorized by the said commissioners, shall grant licenses unde their or his hands or hand, upon the terms and conditions and in the manner hereinafter mentioned, to keep, use, employ, and let to hire ary hackney carriage at any place within the distance of five miles from the General Post Office in the city of London; and the said commissioners, or the person so authorized to grant such licenses as aforesaid, shall s the time of granting every such license, and at all other times when ne cessary, deliver to the persons applying for such licenses respectively a vered to applicant. numbered plate, to be fixed upon every such hackney carriage in the manner hereinafter mentioned, upon which said plate there shall painted a number corresponding with the number which shall be inserted in such license, together with such device as the said commissioners shall think fit to cause to be painted on every such plate; and suc plate shall be known and distinguished from other plates required by this act to be fixed upon hackney carriages by the name of the Stampoffice plate: Provided always, that it shall be lawful for the said commissioners, if they shall think proper, to refuse to grant any such licers to any person whose former license shall have been revoked by the s commissioners under or by virtue of any of the powers or authorities contained in this act, or to any person who shall be in arrear for any duties granted by this act; and provided also, that no such license shal be granted to any person under the age of twenty-one years, nor to any person who shall have been at any time convicted of felony, or of knowingly receiving stolen property." To whom commissioners may refuse license. After 5th Jan. granted without limitation of number. Sect. 8 enacts, that until 5th January 1833, licenses are not te exceed 1200, and that preference shall be given to holders of forme licenses. Sect. 9. "From and after the 5th day of January, 1833, the said co 1833. licenses to be missioners or their authorized officer shall grant to any person or per sons, who shall apply for the same, any such license or licenses a aforesaid, under the authority of this act, without regard to the number of such licenses which at the time of such application may have be granted or may be then in force." Persons applying for licenses to sign a requisition for same. What to be specified in licenses. Sect. 10. Persons possessed of licenses at commencement of act eatitled to new licenses, without payment of duty of 5. Sect. 11. "Before any such license as aforesaid shall be granted under the provisions of this act, a requisition for the same, in such form a the commissioners of stamps shall from time to time provide for that purpose, shall be made and signed by the proprietor or one of the pre prietors of the hackney carriage in respect of which such license sha be applied for; and in every such requisition there shall be truly spe fied and set forth the christian name and surname and place of abode of the person applying for such license, and of every person who shall be a proprietor or part proprietor of such hackney carriage, or who shall be concerned either solely or in partnership with any other person the keeping, using, employing, or letting to hire of such hackney car riage; and in case any person on applying for any such license sha neglect or omit to specify truly in such requisition as aforesaid the name of any person who shall be a proprietor or part proprietor of such hackney carriage, or who shall be concerned as aforesaid in the keeping, using, employing, or letting to hire of such hackney carriage, every person so offending shall forfeit 107.” in Sect. 12. "There shall be specified in every such license to be granted as aforesaid, the true christian name and surname and place of abode of the person, and of every person, who shall be a proprietor or part pro- 1 & 2 Will. 4, c. 22. prietor of the hackney carriage in respect of which such license shall be granted, or who shall be concerned either solely or in partnership with iny other person in the keeping, using, employing, or letting to hire of uch hackney carriage, the number which shall be painted or marked on the plates to be fixed on such hackney carriage, together with such lauses and conditions for more effectually securing the payment of the weekly duty by this act made payable in respect of every such license as the commissioners of stamps in their discretion shall think fit; and every such license shall bear date on the day on which the same shall be granted." Sect. 13. "As often as any person named as the proprietor, or one of the proprietors, in any license to keep, use, employ, and let to hire any hackney carriage under the provisions of this act, shall change his place of abode, he shall within seven days next after such change give notice thereof in writing, signed by him to the commissioners of stamps, specifying in such notice his new place of abode; and such proprietor shall at the same time produce such license to the proper officer, at the head office for stamps in Westminster, who shall indorse thereon, and sign a memorandum specifying the particulars of such change; and if any person named as the proprietor or one of the proprietors of any hackney carriage in any such license as aforesaid shall change his place of abode, and shall neglect or omit to give notice of such change, or to produce such license, in order that such memorandum as aforesaid may be indorsed thereon, within the time and in the manner limited and directed by this act, he shall forfeit 40s." Sect. 14. "The proprietor of every hackney carriage licensed under he provisions of this act shall, within seven days next after any such icense shall be granted to him, leave at the office of the commissioners of sewers of the said city of London and liberties thereof for the time being, at the Guildhall, in the city of London, with the principal clerk or the assistant clerk to the said commissioners, a true account in writing of his christian name and surname, and place of abode, and of the Lumber of the plate granted with any such license, and every such proprietor shall in like manner deliver at the said office a similar account, from time to time, as often as and within seven days next after his place of abode or the number of the plate granted to him as aforesaid shall be changed, upon pain that every such proprietor who shall refuse or negleet to deliver such account as aforesaid, within the time and in the manner directed by this act, shall forfeit 40s." [See now the 6 & 7 Vict. c. 86, s. 5, &c., post, 459]. Sect. 15. "The weekly sum of ten shillings by this act reserved and made payable in respect of every such license as aforesaid shall be due and payable in advance in manner following: that is to say, the person to whom any such license shall be granted shall, at the time of the granting thereof, pay in advance to the receiver-general of stamp duties, at the head office for stamps in the city of Westminster, the said weekly duty, computed from the day of the date of such license, if the same shall bear date on a Monday, and if the same shall bear date on any other day of the week, then from the Monday next preceding the day of the date thereof, up to the first Monday of the next succeeding calendar month; and on the first Monday of every calendar month the person to whom such license shall be granted, shall pay in advance the said Weekly duty up to the first Monday in the next succeeding calendar month, and so on from time to time during the continuance of every such license; and the said weekly duty shall accordingly be paid in advance, from time to time, in manner aforesaid, to the said receivergeneral, or in default thereof it shall be lawful for the commissioners of stamps to revoke and make void any such license, and to call in the Lumbered plate relating thereto." Notice to be given hackney carriages Names and places of abode of proney carriages, and numbers of plates, Guildhall in prietors of hack to be registered at London. Duties in what manner to be paid, Sect. 16. "When any person to whom any such license shall have Mode of discon tinuing licenses. 1 & 2 Will. 4, c. 22. been granted shall determine to give up such license, and to discontinue the use of the hackney carriage in respect of which the same may have been granted, such person shall give notice in writing of such his determination to the commissioners of stamps, or to the officer authorized to grant such licenses; and when the time for giving up such license a cording to such notice shall have expired, and the plate mentioned a such license shall have been re-delivered to the said commissioners. to such officer as aforesaid, such license shall cease and determine, d shall be no longer in force, and the person so previously licensed shall not be charged or chargeable with the said weekly duty in respect af such license for any period subsequent to the expiration of such notice, and the re-delivery of such plate: Provided always, that no such license as aforesaid shall by any such notice be made to cease or expire on any other day than on the first Monday in some calendar month subsequent to the delivery of such notice, up to which period the said weekly duty shall be payable; any thing herein before or in any such notice contained to the contrary notwithstanding.” Plates to be delivered up on the discontinuance or revocation of such licenses. Carriages, horses, harness, &c., liable to duties and penalties. on, &c. Sect. 17. "Whenever any person shall give notice to the commis sioners of stamps, or their authorized officer, of his intention to give up any license granted under this act for or in respect of any hackney car riage, and also whenever any such license as aforesaid granted to any person shall be revoked by the said commissioners, such person to who any such license as aforesaid shall have been granted, shall deliver up the numbered plate mentioned in such license, or in any indorsement thereupon, to the said commissioners, or to their authorized officer; and every such person who shall neglect or refuse so to deliver up such pse within three days after the expiration of notice of his intention to give up such license, or of the revocation thereof, as the case may be, shall forfeit 107., and shall also continue to be subject and liable to the pay ment of the said weekly duty by this act charged in respect of every such license." Sect. 18. "All carriages, horses, and harness, and other articles and things, kept, used, or employed for the purpose of being let for hire by any person to whom any such license as aforesaid shall be granted under the provisions of this act, shall be subject and liable to and chargeable with all the duties which shall from time to time become due and pay able from or by such person for or in respect of any such license as afore said granted to him, and to and with all penalties which may be im posed upon or incurred by such person under this act, and also to and with the costs and expenses of all proceedings which shall or may be had or taken for the recovery of any such duties and penalties respe May be distrained tively; and all such carriages, horses, harness, and other articles and things may be distrained or otherwise seized or taken to satisfy such du ties, penalties, costs, and expenses, or any part thereof respectively, in or into whose custody or possession soever such carriages, horses, har ness, and other articles shall or may be or come, and by or under wh right or title soever the same shall or may be held or claimed; and in case any person in or into whose custody or possession any such car riages, horses, harness, or other articles shall be or come by or under any means or title whatsoever, shall convert the same to his own use, or shall sell or dispose thereof for the use or benefit of any other person, after notice given by the commissioners of stamps, or their solicitor, or by any other officer of stamp duties, that such carriages, horses, har ness, or other articles are subject and liable to or chargeable with any of the duties, penalties, costs, and expenses aforesaid, every person so converting or selling or disposing of such carriages, horses, harness or other articles, shall be accountable to his Majesty to the extent of the value of such carriages, horses, harness, or other articles, for the duties, penalties, costs, and expenses to or with which such carriages, horses, harness, or other articles, shall be subject, liable, or chargeable, and the same may be sued for and recovered under and by virtue of this act as |