debt due to his Majesty accordingly." [See the 6 & 7 Vict. c. 86, 1 & 2 Will. 4, c. 22. 40, post.]

Distress to be kept five days.

May afterwards be sold, if duty, &c.,

not paid.

Sect. 19. "If any person to whom any such license as aforesaid shall Duties recoverable e granted shall make default in payment of the said weekly duty which by distress. all become due or payable in respect of such license, at the time and the manner by this act appointed for payment thereof, it shall be wful for any two of the commissioners of stamps to grant a warrant any constable or police officer, or to any officer of stamp duties, diecting him to distrain every such person so making default as aforesaid, y his goods and chattels, and also to seize and take the carriages, horses, arness, and other articles and things by this act made subject and liable such duty, for the amount of the duty so due or payable as aforesaid, ind of all the costs, charges, and expenses incident or relating to the aking and keeping of such distress; and it shall be lawful for such constable, or for any such officer as aforesaid, to make such distress and eizure accordingly; and the distress so taken to detain and keep for the pace of five days (a), at the costs and charges of the person distrained; nd if the amount of such duty, and of all the costs, charges, and exenses aforesaid, shall not be paid within such space of five days, then uch constable or other officer shall cause the goods and chattels, carages, horses, harness, and other things so seized or taken, to be sold in the manner directed by this act, and shall render the overplus, if any, of the money arising by the sale thereof, after deducting and retaining the amount of such duty, and all the costs, charges, and expenses aforesaid, as well as the charges and expenses of the sale, to the person o distrained, or to the owner of the carriages, horses, harness, or other hings so seized and taken as aforesaid; and for the purpose of taking eh distress it shall be lawful for such constable or police officer, or for ach officer of stamp duties in the presence of any constable or police fficer, where any refusal or resistance shall be made, to break open (b), Breaking open a the daytime, any house or place where any such carriages, horses, arness, or other articles or things, or any goods or chattels, to be seized or taken under such warrant as aforesaid, shall be." Sec. 20. "Upon every hackney-carriage which shall be used for the urpose of standing or plying for hire, or which shall be let for hire, ithin the distance of five miles from the General Post Office in the ity of London, the Stamp-office plate shall be fixed in a conspicuous lace on the outside of the back of such hackney carriage; and there shall also be fixed upon every such hackney carriage, in the manner hereinafter directed, three other numbered plates, of the description hereinafter mentioned, to be provided for this purpose by the proprietor of such hackney carriage; that is to say, a plate, having thereon the number of the Stamp-office plate placed upon such hackney carriage, denoted by projecting figures of one inch and a half at least in length, and of a proportionate breadth, and without any other figure or any etter or other device thereon, shall be fixed in a conspicuous place on the inside of the back of such hackney carriage; and two other plates, apon which there shall be painted, in letters and figures of black upon a white ground, the christian name and surname of the proprietor or of ne of the proprietors of such hackney carriage, and the number of the aid Stamp-office plate, shall respectively be fixed in some conspicuous place on each side of such hackney carriage; and if it shall happen that the commissioners of stamps or their authorized officer shall be dissasfied with the position of any plate fixed or placed upon any such Lackney carriage, and shall direct such plate to be placed upon some ther conspicuous part of any such hackney carriage, such plate shall placed and fixed accordingly upon any part of such hackney carriage

(a) The five days would be inclusive

of the day of taking, but the sale could not take place until the sixth day.

(b) As to breaking open doors in general, see Warrant, Vol. VI. p. 365.

outer doors.

Numbered plates

to be placed upon

hackney carriages.

Concealing plates

or preventing persons inspecting and taking number thereof.

1 & 2 Will. 4, c. 22. in compliance with such direction; and every such plate shall be placed and fixed upon every such hackney carriage in such manner that the number thereon shall be at all times plainly and distinctly visible and legible; and if any proprietor or driver of any hackney carriage shall permit or suffer any such plate, or the number on any such plate, placed or fixed upon such hackney carriage, to be in any manner or by y means concealed from public view, or to be inverted, or if such proprietar or driver, or any waterman or assistant to the drivers of hackney car riages, shall molest or oppose or by any means endeavour to prevent any person in or from inspecting any such plate fixed or placed upon any such hackney carriage, or in or from taking or noting the number thereof, or if any such proprietor, driver, or waterman or assistant sha by word of mouth give or declare to any person a wrong number as of for the number of such plate or of such hackney carriage, such preprietor, driver, or waterman or assistant shall forfeit 5l.”

Commissioners

Sect. 21. "Whenever in the opinion of the commissioners of starps may change plates. or their authorized officer, it shall be expedient to recall any plate f the purpose of changing the same for any other plate bearing the sar or a different number, the said commissioners or such officer shall r notice to the person or to any one of the persons to whom the license relating to such plate shall have been granted, that the said commis sioners or such officer do or doth by such notice recall such plate; abi the person to whom such license shall have been granted shall within one week after such notice deliver up such plate, and produce the license relating to the same, to the said commsssioners or to their authorized officer, and also apply to the said commissioners or such officer for ae plate; and thereupon the said commissioners or such officer shall delive to the person so applying for the same a new plate in lieu of the piste so as aforesaid recalled; and if such new plate shall bear a number if ferent from the number mentioned in such license, the said commis sioners or such officer shall indorse upon such license a memorandum of the surrender of the plate therein mentioned, and of the granting of such new plate in lieu thereof; and from thenceforth such license sha be deemed to relate to such new plate in the same manner as if the number thereof had been originally inserted in the body of such licens Provided always, that if it shall appear to the said commissioners or their authorized officer that the number upon any such plate so delivered up as aforesaid hath been wilfully obliterated, or hath been rendered i legible by any other means than by the regular and proper use and wear thereof, it shall be lawful for the said commissioners or such officer to refuse to deliver any plate in lieu of the plate so surrendered and delivered up as aforesaid, unless the person applying for the same shall als surrender and deliver up the license relating to such surrendered plate. and shall take out and pay for a new license with and relating to the plate to be delivered in lieu thereof."

Where plate has

been wilfully oblilicense to be taken

terated, new

out.

di

Sect. 22. "If any person shall keep, use, employ, or 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, without having a license in force so to do, or without having the proper numbered plates properly placed and fixed upon such hackney carriage in the manner required by this act; or if any person to whom any license shall have been granted under this act to keep, use, employ, or let to hire a hackney carriage, shall not, within one week after notice given to him, in the manner rected by this act, that the Stamp-office plate to which such license shall relate hath been recalled, deliver up the plate mentioned in such notice, according to the terms thereof, and produce the license relating to such plate, and apply for a new plate, and fix such new plate upon ney carriage in the manner directed by this act, every such person offending in any of the several cases aforesaid shall forfeit 101." [ee the 6 & 7 Vict. c. 86, s. 26, post, 465, empowering the seizure of the hackney coach, &c.]

his

hack

80

Letting horses to be used in a gentleman's coach was not within the 1 & 2 Will. 4, c. 22. ets prior to the 1 & 2 Will. IV. c. 22, s. 22, imposing a penalty on sing a hackney coach without license or without plates. (Billings v. eds, 2 Ld. Raym. 1214; Salk. 612, S. C.)

A stage coachman, by suffering a passenger to leave the coach before e gets out of the bills of mortality, was not within those acts if he took he whole fare. (R. v. Betts, 2 Ld. Raym. 1506; 1 Sess. Ca. 352, S. C.) And to subject a party to the penalties for using a hackney coach ithout a license, within the repealed 9 Ann. c. 23, s. 4, and 1 Geo. I. 2, c. 57, s. 3, he must have professed to act as a hackney coachman; d where a stage coachman took up a passenger in the streets, he having oked his fare, and paid it to Kensington, but on arriving at Hyde Park Corner, he got out of the coach, and did not proceed further in it, he stage coachman was held not liable. (Cloud v. Turfery & Abbott, 2.P.2 Bingh. 318; 9 Moore, 595, S. C.)

Sect. 23. "If any carriage shall be used for the purpose of standing rplying for hire as a hackney carriage in any public street or road at ny place within the distance of five miles from the General Post Office 1 the city of London, such carriage not having the proper Stamp-office late fixed thereon as required by this act, the driver of such carriage, r the person plying for hire therewith, or having the care thereof, not

Driver plying for hire without

plates.

being the owner or proprietor thereof, shall forfeit 57., and if he shall be Penalty on owner the owner or proprietor of such carriage he shall forfeit 107.; and it driving. shall be lawful for any constable or police officer, or for any officer of tamp duties, without any warrant for that purpose, to apprehend such river or other person plying for hire with or having the care of such arriage, and to convey him before any justice of the peace, to be dealt ith as hereinafter mentioned; and it shall also be lawful for such conable or police officer, or officer of stamp duties, to drive or take the arriage not having such plate, with the horse or horses harnessed thereto r drawing the same, or to cause the same to be driven or taken to some ublic green yard, or to some livery stables or other place of safety, nd there to lodge the same for safe custody until the determination of ach justice shall be known; and the justice before whom such driver rother person shall be brought shall hear and determine such offence; nd in case the person convicted of any such offence shall be the owner proprietor of such carriage or of the said horse or horses, and if the enalty in which he shall be convicted, together with the costs and expenses, and the expenses of taking such carriage and horses to and keeping the same at such green yard, stables, or other place, shall not be fully paid or discharged within five days after such conviction, such earriage and horses, together with the harness used therewith, shall be sold by the order under the hand of such justice, and the surplus, if of the produce of such sale, after deducting therefrom the said pealty, costs and expenses, and also the expenses of such sale, shall be rendered to such owner or proprietor; but in case the person so convicted shall not be the owner or proprietor of such carriage or horses, en in default of payment of the penalty in which he shall be convicted, together with the costs and expenses aforesaid, such justice shall commit the offender to the common gaol or house of correction, there to be kept for the space of three calendar months, and such justice shall zive an order for the delivering up of the carriage, horses, and harness to the owner thereof, on his paying the expenses of taking and keeping the same; and in case of his refusal to pay such expenses, then such earriage, horses, and harness, or a sufficient part thereof to defray such penses, shall be sold by order under the hand of such justice; and fter payment thereout of all such expenses as aforesaid, together with the expenses of such sale, the surplus, if any, of the produce of such ale, together with such part of the carriage, horses, and harness as shall remain unsold, shall be rendered and restored to the owner."

LOV,

Sect. 24. "In any complaint or other proceeding for the recovery of Carriages having

thereon plates provided under this act to be deemed hackney carriages.

1 & 2 Will. 4, c. 22. any penalty incurred under this act in respect of or with relation to any hackney carriage, if evidence shall be given that the carriage in respect of which or in any manner relating to which any such proceeding shall be commenced or prosecuted was seen in or upon any public street e road having thereon any numbered plate by this act directed to be fixe upon a hackney carriage, or having thereon any plate resembling or tended to resemble any such plate as aforesaid, such carriage shal deemed and taken to be a hackney carriage, and such evidence as afers said shall be received as sufficient proof that such carriage was kest. used, and employed, and let to hire as a hackney carriage within the Who deemed pro- meaning of this act; and that in all such proceedings as aforesaid, the person named or described in the license granted with or relating to the number of the Stamp-office plate, if any, fixed or placed upon any si carriage, whether such license shall be in force or not, shall for the p poses of this act be deemed to be the proprietor of such carriage, unl the contrary be proved."

prietor.

Forgery, &c. of Stamp-office plate, a misdemeanour.

Constable, &c. may seize plate, &c.

Proprietors to be summoned to appear and produce drivers.

On neglect on second summons justices may proceed.

Penalties if not

paid by drivers to be levied on proprictors.

Sect. 25. "If any person shall forge or counterfeit, or shall cause procure to be forged, counterfeited, or resembled, the Stamp-office p by this act directed to be provided for the purpose of being fixed up every hackney carriage, or if any person shall wilfully fix or place, shall cause or permit or suffer to be fixed or placed, upon any hack” carriage, or other carriage, any such forged or counterfeited plate a aforesaid, or if any person shall sell or expose to sale or utter any h forged or counterfeited plate, or if any person shall knowingly without lawful excuse (the proof whereof shall lie on the person a cused) have or be possessed of any such forged or counterfeited ste knowing such plate to be forged or counterfeited, every person s ing, and every person knowingly and wilfully aiding, abetting, or ing any person in committing any such offence as aforesaid, shall he adjudged guilty of a misdemeanour, and, being thereof convicted, sta be liable to be punished by fine or imprisonment, or by both, such i prisonment to be in the common gaol or house of correction, and eith with or without hard labour, as the court shall think fit; and it sh be lawful for any officer of stamp duties, or for any constable or pe officer, to seize and take away any such plate, in order that the sa may be produced in evidence against such offender, or be disposed of as the commissioners of stamps shall think proper."

Sect. 26. "When any information or complaint shall be made be any justice of the peace against the driver of any hackney carriage f any offence committed by him against any of the provisions of this a such justice shall forthwith summon the proprietor of such hack carriage personally to appear, and to produce the driver of such hacke carriage, to answer such information or complaint; and if any such p prietor, being duly summoned, shall neglect or refuse personally to pear, or to produce such driver according to such summons, withou? reasonable excuse to be allowed by the justice before whom he ough appear according to such summons, such proprietor shall forfeit 4 and so from time to time as often as he shall be so summoned, until s driver shall be produced by him: Provided always, that if such p prietor shall neglect or refuse to appear and produce such driver on the second or any subsequent summons requiring him so to do, without reasonable excuse to be allowed as aforesaid, it shall be lawful for su justice to proceed to hear and determine the said information or com plaint in the absence of the said proprietor and driver, or of either at them, and upon proof of such offence by the oath of one or more credite witness or witnesses to give judgment against such proprietor for the penalty incurred by reason of such offence."

Sect. 27. “Pecuniary penalties and costs incurred by reason of any offence committed by the driver of any hackney carriage against the provisions of this act shall, unless such driver shall pay the same, be levied by distress and sale of the goods of the proprietor of such hack

ey carriage, and for want of sufficient distress such proprietor shall be 1 & 2 Will. 4, c. 22 ̧ mmitted to the common gaol or house of correction, there to remain r any time not exceeding two calendar months, unless such penalties nd costs shall be sooner paid."

Sect. 28. "Every such proprietor who shall pay any penalty or costs curred by reason of any such offence as aforesaid committed by such iver shall be entitled to recover the same from such driver in a sumary manner; and upon complaint made in the premises before any stice of the peace by the said proprietor against the said driver, such stice shall inquire into the same, and shall cause the sum which shall pear to have been so paid as aforesaid by the said proprietor to be vied by distress and sale of the goods of the said driver; and for want f sufficient distress, such justice shall commit the said driver to the ommon gaol or house of correction, there to remain for any time not xceeding two calendar months, unless the said sum shall be sooner paid; nd every such imprisonment shall be with or without hard labour, as tch justice shall direct: Provided always, that if the said driver shall ave been previously convicted of the offence for which the said penalty costs shall be so as aforesaid paid by the said proprietor, then such roceedings shall be had and taken against the said driver upon such onviction for recovery of the penalty and costs in which he shall have een convicted as might have been had and taken thereon in case the aid penalty or costs had not been paid by the said proprietor, and upon ecovery thereof the sum so paid by such proprietor shall be repaid to

um."

Sect. 29. "In case of any dispute between the proprietor of any ackney carriage and the driver thereof, then upon complaint made fore any justice of the peace by such proprietor against such driver, by such driver against such proprietor, such justice shall inquire into id determine the same, and shall award and order such compensation be made to either party as to such justice shall seem proper; and in se of the nonpayment of such compensation, such justice shall cause le same to be levied by distress and sale of the goods of the party reising or neglecting to make payment thereof; and for want of suffient distress such justice shall commit the said party to the common aol or house of correction, there to remain for any time not exceeding wo calendar months, unless the same shall be sooner paid."

Who shall be en

titled to recover

from the drivers.

Justices to determine disputes beand drivers.

tween proprietors

licensed.

Sect. 30. "It shall be lawful for any two of the commissioners of Waterman to be amps to grant licenses under their hands to such persons as they shall ink fit and proper to act as watermen or assistants to the drivers of Lackney carriages at the standings or places of resort where hackney carriages usually stand or ply for hire, which said licenses shall be granted in such form as the said commissioners shall think fit; and every such license shall be dated on the day on which the same shall be granted, and shall specify the true christian name and surname and place of abode of the person to whom the same shall be granted, and shall specify the standing or place of resort at which he shall be thereby authorized to act as such waterman or assistant as aforesaid; and as often as such waterman or assistant as aforesaid shall change his place of alde, notice in writing of such change, signed by such waterman or ssistant, shall forthwith be given to the proper officer at the head office for stamps in Westminster, and the license of such waterman or assistant shall at the same time be produced to such officer, who shall indorse thereon and sign a memorandum of such notice, or in default thereof ach license shall be void; and if any person shall act as such waterman Penalty on their or assistant as aforesaid at any such standing or place of resort as afore- acting without aid without first having duly obtained and having in force a license from the commissioners of stamps authorizing him in that behalf, he shall forfeit 40s."

license.

Sect. 31. "The commissioners of stamps, at the time of granting to Badges to be worn any person a license to act as a waterman or assistant to drivers of hack- by watermen.