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1 & 2 Will. 4, c. 22. ney carriages, shall deliver to such waterman a badge to denote his office and employment, having thereon a number by which such waterman may be identified, and which badge shall be worn by such waterman, during all the time of his employment, conspicuously upon his breast, in such manner that the number thereon shall be at all times plainly and distinctly visible and legible; and if any person shall act as stri waterman without having and wearing such badge in manner aforesa or if any such waterman shall refuse to permit any person to inspec and note the number on such badge, or if any such waterman shall ka such badge to or permit the same to be worn by any other person, s waterman shall forfeit 40s., and on conviction of any such offence shall be lawful for the commissioners of stamps, if they think fit, to voke the license of such waterman."

Particulars of

licenses to be en

tered in books at

such entries evi

dence.

Sect. 32. "The particulars of every license which shall be granted under any of the provisions of this act, and of all alterations made there Stamp Office, and in, and of all indorsements thereupon, shall be entered, in such mana? and form as the commissioners of stamps shall direct, in one or book or books to be provided and kept for that purpose at the said he office for stamps; and in all courts, and before any justice of the pes and upon all occasions whatsoever, the entries made or contained in such book or books shall be received as evidence, and be deemed to sufficient proof of all matters and things therein registered or contain relating to any such license as aforesaid, without requiring the prom~ tion of the original license, or of any requisition, notice, or other da ment upon which any such entries may be founded, and without any further proof than the production of such book or books; and any pe son shall be at liberty to inspect any such book or books without payment of any fee or reward."

Procuring license

a misdemeanour.

Sect. 33. "If any person applying for or procuring or attempting to in fictitious name, procure any license under any of the provisions of this act shall user employ any false or fictitious name or place of abode, or other false fictitious description of any person or supposed person, or shall wilful or knowingly insert or cause to be inserted in any requisition for say such license, or in any such license, any false or fictitious name or ple of abode, or other false or fictitious description of any person or posed person, or shall wilfully or knowingly insert or cause to be inser ed in any such requisition or in any such license as aforesaid the na of any person as being a proprietor or part proprietor of any hack carriage who shall not at the time of the application for such license in fact a proprietor or part proprietor of such hackney carriage, person so offending shall be guilty of a misdemeanour, and, being cvicted thereof, he shall be liable to be punished by fine or imprisonner or by both, as the court shall award, such imprisonment to be in common gaol or house of correction, and either with or without har labour, as the court shall think fit."

What distance drivers compellable to drive (a).

Sect. 34. "The driver of every hackney carriage which shall be le for hire at any place within the distance of five miles from the Geners Post Office, in the city of London, shall be obliged and compellable, required by any person hiring such hackney carriage, (unless such drive shall have a reasonable excuse to be allowed by the justice before wh any such matter shall be brought in question), to drive such hackney carriage to any place to which he shall be so required to drive the s within the distance of five miles from the said General Post Office ( or to any place to which he shall be so required to drive the same within the distance of five miles from the place where the same shall have be let to hire; and in case such driver shall refuse to drive such hackney carriage to any such place as aforesaid, he shall forfeit 40s."

(a) By the repealed acts, 7 Geo. III. c. 44, s. 12, and 12 Geo. III. c. 49, s. 1, the driver might have been compelled

to go 10 miles from the city of London or Westminster.

1 & 2 Will. 4, c. 22. Hackney carriages standing in street ing for hire (a). deemed to be ply

Sect. 35. "Every hackney carriage which shall be found standing in y street or place, and having thereon any of the numbered plates reired by this act to be fixed on hackney carriages, shall, unless actually ed, be deemed to be plying for hire, although such hackney carriage all not be on any standing or place usually appropriated for the purse of hackney carriages standing or plying for hire; and the driver Penalty on driver every such hackney carriage which shall not be actually hired, shall refusing to go. obliged and compellable to go with any person desirous of hiring ch hackney carriage; and upon the hearing of any complaint against e driver of any such hackney carriage for any such refusal, such iver shall be obliged to adduce evidence of having been and of being tually hired at the time of such refusal, and in case such driver shall il to produce sufficient evidence of having been and of being so hired 3 aforesaid, he shall forfeit 40s."

person

Compensation to

be made to drivers improperly sum

moned for refusing

to carry a person.

Sect. 36. "If the driver of any hackney carriage shall in civil and
xplicit terms declare to any person desirous to hire such hackney car-
age that it is actually hired, and shall afterwards, notwithstanding
ch reply, be summoned to answer for his refusal to carry such
his said hackney carriage, and shall upon the hearing of the complaint
oduce sufficient evidence to prove that such hackney carriage was at
ie time actually and bona fide hired, and it shall not appear that he
sed uncivil language, or that he improperly conducted himself towards
he party by whom he shall be so summoned, the justice before whom
uch complaint shall be heard shall order the person who shall have
ummoned such driver to make to him such compensation for his loss of
me in attending to make his defence to such complaint as such justice
all deem reasonable, and in default of payment thereof to commit such Commitment.
rson to prison for any time not exceeding one calendar month, unless
e same shall be sooner paid."

Sect. 37. "It shall be lawful for the proprietor or driver of any hack-
y carriage which shall be licensed under the authority of this act to
ind and ply for hire with such carriage, and to drive the same on the
rd's Day, any former act or acts to the contrary notwithstanding; and
at such proprietor or driver who shall so stand or ply for hire as afore-
id shall be liable and compellable to do the like work on the Lord's
ay as such proprietor or driver is by this act liable or compellable to
on any other day of the week." (See post, "Lord's Day").
Sect. 38. "The proprietor or driver of any hackney carriage licensed
nder the provisions of this act shall be entitled to demand and take for
e hire of such hackney carriage the rates and fares mentioned and set
orth in figures or otherwise described in either of the two schedules or
ables marked respectively (B.) and (C.) to this act annexed, calculated
or time or distance, at the option of such proprietor or driver: and that
he rates and fares of all such hackney carriages shall be calculated by
he hour or mile only, and not by the day."

Drivers may ply and shall be comSundays (b).

pellable to drive on

Rates and fares to be taken for hack

ney carriages.

Sect. 39. "In case any hackney carriage, after having been hired at Back fare payable ay place, whether within or beyond the limits of the metropolis as de- by night. aed by this act, shall be discharged at any place beyond the said limits fter the hour of eight in the evening and before five in the morning, shall be lawful for the proprietor or driver of such hackney carriage demand and receive, over and above the proper fare in respect of the stance or time for which the same shall have been hired or used, the full ate or fare from the place of such discharge to the nearest point of the aid limits, or to any standing of hackney carriages where such hackney arriage shall have been hired beyond such limits, at the option of the person discharging the same; and in case any hackney carriage shall be aired and driven into the country, and there discharged at a distance of

(a) See the 6 & 7 Vict. c. 86, s. 29, de post, and Frost v. Williams, 7 Ad. Ell, 773, 2 Nev. & P. 475, S. C.;

and see post.

(b) See title "Lord's Day," Vol. III.

By day.

1 & 2 Will. 4, c. 22. four miles or more beyond the said limits of the metropolis, in the daytime, and not after the hour of eight in the evening nor before five in the morning, it shall be lawful for the driver of such hackney carri to demand and receive for the return thereof from the place of such charge to the nearest point of the said limits, or to any standing hackney carriages beyond any such limits where such hackney carr shall have been hired, at the option of the person discharging such r ney carriage, for each and every mile the additional rate or fare of Provided always, that no such additional rate or fare in the day shall be payable for any less distance than four miles.”

Limits of metropolis defined.

Persons refusing

for damage, may

be committed to prison.

Sect. 40. "And whereas letters arriving in London by the gene post are now delivered without additional postage at any place compre within a circle, the radius of which is of the length of three miles, res sured from the General Post Office; be it enacted, That the circum ence of the said circle shall for the purposes of this act be deemed called the limits of the metropolis."

Sect. 41. "If any person shall refuse or omit to pay the driver of to pay for fare, or hackney carriage the sum justly due to him for the hire of such ha ney carriage, or if any person shall deface or in any manner injure a such hackney carriage, it shall be lawful for any justice of the pes upon complaint thereof made to him, to grant a summons, or if it sh appear to him necessary a warrant, for bringing before him or any justice such defaulter or offender, and, upon proof of the facts made p oath before any such justice, to award reasonable satisfaction to t party so complaining for his fare or for his damages and costs, and a reasonable compensation for his loss of time in attending to make a73 establish such complaint; and upon the refusal of such defaulter fender to pay or make such satisfaction, it shall be lawful for such jutice to commit him to prison, there to remain for any time not exceed ing one calendar month, unless the amount of such satisfaction sha sooner paid; and it shall also be lawful for such justice, if he shall thr fit, to order such defaulter or offender to be kept to hard labour duri such imprisonment."

Hard labour.

Drivers refusing to go or exacting more than fare,

penalty, 408.

Agreement to pay more than fare not binding.

fare may be recovered back.

Sect. 42. "If the driver of any hackney carriage shall refuse to with any person desirous of hiring his carriage for the legal and pr fare allowed by this act, or if such driver shall refuse to drive such La ney carriage with all reasonable and proper expedition, or if the prietor or driver of any hackney carriage shall exact or demand for hire thereof more than the proper sum limited and allowed for the sa by this act, every such proprietor or driver so offending shall fors 40s..'

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Sect. 43. "No agreement whatever made with the driver of hackney carriage for the payment of more than his proper fare, as 1 same is allowed and limited by this act, shall be binding on the pers making the same, but that any such person may, notwithstanding a such agreement, refuse, on discharging such hackney carriage, the ment of any sum beyond the proper fare as allowed and limited as a Sum paid beyond said; and in case any person shall actually pay to the driver of a hackney carriage, whether in pursuance of any such agreement or any sum exceeding his said proper fare, which shall have been demand or required by such driver, the person paying the same shall be entitl on complaint made against such driver before any justice of the pea to recover back the sum paid beyond the proper fare, and moreover sa driver shall forfeit, as a penalty for such exaction, the sum of 40s.: & in default of the repayment by such driver of such excess of fare, or payment of the said penalty, such justice shall forthwith commit s driver to prison, there to remain for any time not exceeding one calen month, unless the said excess of fare and the said penalty shall be soon paid."

Commitment.

Driver not to

charge more than

Sect. 44. "It shall be lawful for any person to require the driver any hackney carriage to drive such hackney carriage, for a stated s

f money, a distance in the discretion of such driver, and in case such river shall exceed the distance to which such person was entitled to be riven for such stated sum of money, such driver shall not exact or emand more than the sum for which he was so engaged to drive, upon ain to forfeit 40s. for such offence."

1

& 2 Will. 4, c. 22

sum agreed for,
although distance

exceeded,
penalty, 40s.

Demanding more
than sum agreed
for, though less
than legal fare,

penalty 408.

Number of persons to be carried in a to be painted thereon.

hackney carriage

Sect. 45. "If the proprietor or driver of any hackney carriage, or if
ny other person on his behalf and with his knowledge and consent, shall
gree beforehand with any person hiring such hackney carriage to take
or any job any sum less than the proper rate of fare allowed by this
et, such proprietor or driver shall not exact or demand for his fare more
han the sum agreed for, upon pain to forfeit 40s. for such offence."
Sect. 46. "And, in order to prevent disputes as to the number of per-
ns which the hirer of any hackney carriage shall be entitled to require
the driver of such hackney carriage to convey thereby, be it enacted,
That no hackney carriage shall be used or employed or let to hire, or
hall stand or ply for hire, unless nor until there shall be painted on a
late placed on some conspicuous place on the outside of such hackney
arriage, in legible and conspicuous letters of black or white (whichever
hall most differ from the colour of the ground whereon the same shall
e painted), one inch in length, and of a proper and proportionate
breadth, the number of persons to be carried by such hackney carriage,
in words at length, and in the form following (that is to say), To
persons; and the driver of every such hackney carriage shall
accordingly be compellable, if required by the hirer thereof, to carry in
or by such hackney carriage the number of persons so painted thereon,
or any less number, at the option of the hirer; and if any person shall
ise, employ, or let to hire any hackney carriage, or shall stand or ply
or hire therewith, upon which the number of persons to be carried 40.
hereby shall not be painted on such plate in such legible and conspicu-
us letters and in the manner aforesaid, or if the driver of any such
ackney carriage shall refuse, if required by the hirer thereof, to carry
n or by such hackney carriage the number of persons painted thereon,
r any less number which he may be required by such hirer to carry
hereby, every such person so offending shall forfeit 40s."

carry

Sect. 47. "Where any hackney carriage shall be hired and taken to ay place of public resort, or elsewhere, and the driver thereof shall be required there to wait with such hackney carriage, it shall be lawful for such driver to demand and receive from the person so hiring, and requiring him to wait as aforesaid, a reasonable sum as a deposit, over and above the fare to which such driver shall be entitled for driving thither, which sum so demanded and received shall be accounted for by such driver when such hackney carriage shall be finally discharged; and if any such driver who shall have received any such deposit as aforeaid, shall refuse to wait with such hackney carriage at the place where Er shall be so required to wait, or if such driver shall go away, or shall permit such hackney carriage to be driven or taken away, without the ronsent of the person making such deposit, before the expiration of the time for which the sum so deposited shall be a sufficient compensation according to the rates and fares contained in the schedule (C.) to this art annexed; or if such driver, on the final discharge of such hackney arriage, shall refuse duly to account for such deposit, every such driver offending shall forfeit 40s."

Sect. 48. "The proprietor of every hackney carriage shall provide and place in such hackney carriage a proper check-string or wire, and shall renew the same from time to time so often as occasion shall require; and the driver of every such hackney carriage shall, during the time of his riving any person in such hackney carriage, hold such check-string or ire in his hand, so that the same may be used for the accommodation of such person; and if the proprietor of any such hackney carriage shall neglect to provide and place in such hackney carriage such check-string or wire as aforesaid, or shall neglect to renew the same when and so often VOL. III.

G G

Neglect, or for refusal to carry the

number, penalty

Deposit to be made for carriages

waiting.

on driver refusing to wait, or to sit, penalty 40s.

account for depo

Proprietors to provide check

strings; drivers to hold same in hand.

1 & 2 Will. 4, c. 22. as shall be requisite, or if the driver of any such hackney carriage shall ne glect or refuse to hold such check-string or wire in his hand during the time aforesaid, every such proprietor and every such driver so offendis respectively shall forfeit 20s."

Property left in hackney carriages to be deposited at Stamp-office.

Property not

clained in a year to be delivered up to driver, if applied for;

if not, to be sold.

Permitting persons to ride without consent of hirer.

Improperly standing with carriage,

or feeding horses in street.

Refusing to give

Sect. 49. “The driver of every hackney carriage wherein any pr perty whatever shall be left by any person hiring the same shall, wit four days next after the same shall have been so left, carry such p perty, in the state in which he shall find the same, to the head office stamps in the city of Westminster, and shall there deposit and leave tis same with the proper officer to be appointed by the commissioners t stamps for that purpose, upon pain that every such driver making at default herein shall forfeit 201. ; and the said officer, with whom any s property shall be deposited, shall forthwith enter in a book, to be kepta the said office for that purpose, the description of such property, and name and address of the driver who shall bring the same, and the on which it shall be brought; and the property so entered shall be r turned to the person who shall prove, to the satisfaction of the s commissioners, that the same belonged to him, such person previo paying all expenses incurred, together with such reasonable sum tota driver who brought the same, as with reference to the value of the pr perty in question the said commissioners shall award: Provided alway that if such property shall not be claimed by and proved to belong : some person, within one year after the same shall have been deposit (the same having been advertised in such manner as the said com sioners may direct), such property shall be delivered up to the driver who brought and deposited the same, provided he shall apply for ter same within one calendar month next after the expiration of the one year; and in default of such application by the said driver wh the time limited as aforesaid, the said commissioners shall cause sử? property to be sold or otherwise disposed of, and the proceeds there be paid over to the receiver-general of stamp duties, to be carried to the public account."

Sect. 50. "If the proprietor or driver of any hackney carriage, whi shall be hired, shall permit or suffer any person to ride or be carrie in, upon, or about such hackney carriage, without the express co of the person hiring the same, such proprietor or driver shall forfeit 2

Sect. 51. "If any proprietor or driver of any hackney carriage sha stand or ply for hire with such hackney carriage, or suffer the sam stand, across any street, or common passage or alley, or alongside of a other hackney carriage, or two in a breadth, or within eight feet of curbstone of the pavement in any such street, or common passage alley; or if any such proprietor or driver, or any waterman or oth person, shall feed the horses of or belonging to any hackney carria in any street, road, or common passage, save only with corn out of bag, or with hay, which he shall hold or deliver with his hands; or if way to or obstruct the driver of any hackney carriage shall refuse to give way if he e veniently can to any private coach or other carriage, or shall obstruct or hinder the driver of any other hackney carriage, in taking up setting down any person into or from such other hackney carriage if any such proprietor or driver shall wrongfully, in a forcible or ciar destine manner, take away the fare from any other such proprietor driver, who, in the judgment of any justice of the peace before wh any complaint of such offence shall be heard, shall appear to be fair entitled to such fare, every such proprietor, driver, waterman, or othe person so offending, shall forfeit 20s."

ing another driver;

or depriving him of fare.

shall

By stat. 32 Geo. III. c. 62, s. 23, no person shall stand and ply for hire, with any hackney coach, within either New or Old Bond Street, in the parish of St. George, Hanover Square; and if any person drive, stand with, and ply for hire with any such coach in either of the said streets, he shall, on conviction, on the oath of one witness, within seven days, either before the commissioners or one justice, forfeit not

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