exceeding 40s., nor less than 10s., half to the informer, and half to the 1 & 2 Will. 4, c. 22. poor of the said parish; which, if not paid, such offender shall be committed to the house of correction to hard labour, not exceeding one month, nor less than seven days, unless such penalty be sooner paid. Where a paving act authorized the commissioners to direct and regulate the hackney-coach stands within their district, it was held they might remove one altogether, if it obstructed the public street. (R. v. Rawlinson, 4 D. & R. M. C. 186). In Slater v. Swann, 2 Str. 272, Raymond, C. J., said, “If a hackney exach stand before a tradesman's door, and hinder customers, he may lawfully take hold of the horses and lead them away, and is not bound to Take his remedy for damages." See "Nuisance," Vol. V. Sect. 52. "It shall be lawful for the proprietors or drivers of hackney carriages to stand with such hackney carriages two in breadth in Palaceyard, Westminster, without being liable to the penalty by this act imposed for standing two in a breadth or alongside of each other." Sect. 53. "After every four carriages which shall be upon any standing for hackney carriages in any public street or road, there shall be 1ft a clear space of ten feet; and if the proprietor or driver of any hackney carriage which shall be the next after the fourth, eighth, or twelfth hackney carriage upon such standing, or next after any other hekney carriage after which such clear space as aforesaid ought to be left in pursuance of the direction of this act, shall suffer his hackney Carriage, or the horse or horses attached thereto, to stand or be within the distance of ten feet from the said fourth, eighth, twelfth, or other hackney carriage after which such clear space as aforesaid ought to be left, or within the distance of ten feet from the horse or horses attached to the said fourth, eighth, twelfth, or other such hackney carriage as aforesaid, such proprietor or driver so offending shall forfeit 20s." Sect. 54. "It shall be lawful for the court of mayor and aldermen of the city of London from time to time to appoint proper places in the said city of London and liberties thereof, and in the borough of Southwark, where hackney carriages may stand and ply for hire, and to make such orders for regulating the number of such hackney carriages to stand in such places respectively, and the distances at which they shall tand from each other, and the times at and during which they may stand and ply for hire, and such other orders and regulations for the better ordering and regulating the said hackney carriages, and the drivers or other the person or persons having the management thereof respectively, as to the said court of mayor and aldermen shall seem proper, and from time to time to alter, amend, or repeal such rules, orders, and regulations, and to make others in the room thereof; and the Said court of mayor and aldermen shall cause all the rules, orders, and regulations, to be made by them as aforesaid, and every alteration, amendment, or repeal thereof respectively, to be advertised in the London Gazette, and in two or more newspapers circulated in the said city of London, and a copy thereof to be hung up for public inspection in the town clerk's office at the Guildhall of the said city, before the same or any of them shall be carried into effect, or be considered as repealed by the said court of mayor and aldermen; and in case the driver or any 1erson or persons having the management of any hackney carriage shall permit the same to stand for hire in the said city of London or borough of Southwark, in any place which shall not be appointed as aforesaid by the said court of mayor and aldermen, or at or for any other or any longer time than shall be appointed as aforesaid, or shall in any other anner offend against the rules, orders, and regulations to be made by the said court of mayor and aldermen by virtue of this act, or any of them, the person who shall so place the same, or, if such person shall not be known, the owner of such hackney carriage, shall for every such offence forfeit and pay any sum not exceeding 51.; and every such penalty and forfeiture for any offence committed within the said city of Carriages may stand two in breadth in Palaceyard. to Space of ten feet be left after ney carriages on any standing. every four hack Court of aldermen Southwark. Penalty on offending against such orders. 1 & 2 Will. 4, c. 22. London or borough of Southwark, after deducting such part thereof (if any) as shall be adjudged to be paid for the use of any informer or informers, shall be paid to the chamberlain of the city of London for the time being, to the account of the commissioners of sewers of the said city of London and liberties thereof for the time being, to be appl for the general purposes of the acts of Parliament which the said t missioners are and shall be appointed to carry into execution: Provis always, that no such rules, orders, or regulations as aforesaid, nor alteration or amendment thereof, shall be in any respect repugnant t or inconsistent with the laws of the realm, nor to or with any of the provisions of this act." Leaving carriages unattended at places of public resort. Proprietors, driv ers, or watermen misbehaving. License may be revoked. Justices may award compensation to drivers or watermen for loss of time in attend ing complaints not substantiated against them. Sect. 55. "If the driver of any hackney carriage shall leave s hackney carriage unattended in any street or road, or at any place public resort or entertainment, whether such carriage shall be hired a not, it shall be lawful for any officer of police, constable, or other pe officer, watchman, or patrole, to drive away such hackney carriage, to deposit the same, with the horse or horses belonging or harnesse thereto, at some neighbouring livery stables, or other place of safe tody, and such driver shall forfeit 20s. for such offence; and in defari of payment of the said penalty upon conviction, and of the expense taking and keeping the said hackney carriage and horse or horses, th same, together with the harness belonging thereto, or any of them, s be sold by order of the justice before whom such conviction shall made, and after deducting from the produce of such sale the amount the said penalty, and of all costs and expenses, as well of the ings before such justice as of the taking, keeping, and sale of the ad hackney carriage, and of the said horse or horses and harnes surplus (if any) of the said produce shall be paid to the pr of such hackney carriage." [See further, title "Police," Vol. V. p. 586.] proced Sect. 56. "If the proprietor or driver of any hackney carriage, any other person having the care thereof, shall by intoxication, or wanton and furious driving, or by any other wilful misconduct, injur or endanger any person in his life, limbs, or property, or if any proprietor or driver, or if any waterman or assistant to the drivers e hackney carriages, shall make use of any abusive or insulting langua or be guilty of other rude behaviour, to or towards any person whatever or shall assault or obstruct any officer of stamp duties, or any officer police, constable, or other peace officer, watchman, or patrole, in t execution of his duty, every such proprietor, driver, waterman, of a sistant, or other person so offending in any of the several cases af said, shall forfeit 57., and in default of payment thereof he shall committed to the common gaol or house of correction, for any time exceeding two calendar months; and after the conviction of any s proprietor, or waterman, or assistant, for any such offence as aforesa it shall be lawful for the commissioners of stamps, if they shall thi fit, to revoke the license of any such proprietor, or waterman, or as ant, and to refuse to grant him any further license in future." Sect. 57. "If any driver of a hackney carriage, or any waterman assistant to the drivers of hackney carriages, shall be summoned brought before any justice of the peace to answer any complaint or in formation, touching or concerning any offence committed or alleged t have been committed by such driver or waterman respectively agai the provisions of this act, and such complaint or information s afterwards be withdrawn or quashed or dismissed, or if the defendan shall be acquitted of the offence charged against him, it shall be law for the said justice, if he shall think fit, to order and award that the complainant or informant shall pay to the said driver or waterman suc compensation for his loss of time in attending the said justice touchin or concerning such complaint or information as to the said justice sha seem reasonable; and in default of payment of such compensation, it all be lawful for the said justice to commit such complainant or in- 1 & 2 Will. 4, c. 22. mant to prison for any time not exceeding one calendar month, un s the same shall be sooner paid." cation of licenses. Names and places of abode of owners of waggons, carts, &c. to be painted thereon. Sect. 58. "Whenever the commissioners of stamps shall revoke any Commissioners to ense, granted under the authority of this act to the proprietor of any give notice of revockney carriage, or to any waterman or assistant to the drivers of hacky carriages, they shall forthwith cause a notice of such revocation, in ch form as they shall think fit, and signed by any two of them, to be ven to the person named in such license as the person licensed, or left or him at the place mentioned in such license as the place of his abode; nd in case he shall have quitted such place, or the same shall be a false r fictitious place of abode, then the said commissioners shall cause such otice to be posted up in some public place at the said head office for tamps in Westminster, which shall be deemed a good and sufficient sotice of such revocation to all intents and purposes.' Sect. 59. "And for preventing the misbehaviour of the drivers of aggons, wains, carts, cars, drays, and other such carriages used in he metropolis and the suburbs thereof, and for the better discovery of ffenders, be it enacted, that the owner (a) of every waggon, wain, cart, ar, dray, or other such carriage, which shall be driven or used in any public street or road within the distance of five miles from the General Post Office in the city of London, shall before such waggon, wain, cart, car, dray, or other such carriage shall be so driven or used as aforesaid, paint or cause to be painted in words at full length, and in one or more traight line or lines, upon some conspicuous place on the right or off ide of such waggon, wain, cart, car, dray, or other such carriage, clear f the wheel or wheels thereof, or upon the right or off side shaft thereof, e true christian name and surname and place of abode of the owner, (if there be more than one) of the principal owner of such waggon, ain, cart, car, dray, or other such carriage, and the letters of all such ords shall be painted in legible and conspicuous characters of black pon a white ground, or of white upon a black ground, and shall be at ast one inch in height, and of a proper and proportionate breadth; nd all such words shall be repainted or renewed in like manner from me to time as often as the same or any part thereof shall become obiterated or defaced." [See, as to the names of peers, the 6 & 7 Vict. 86, s. 4, post, p. 459]. Sect. 60. "If any person shall drive or use, or cause to be driven or used, in or upon any public street or road within the distance of five miles from the said General Post Office, any waggon, wain, cart, car, tray, or other such carriage, upon which there shall not be duly painted in such legible and conspicuous characters as aforesaid, and in the manner directed by this act, the true christian name and surname and place of abode of the owner, or (if there be more than one) of the principal owner of such waggon, wain, cart, car, dray, or other such carriage, Using waggons, &c. upon which of abode not painted. names and places Every person so offending shall forfeit 51.; and it shall be lawful for any Waggon, &c. may person to take and seize such waggon, wain, cart, car, dray, or other be seized. uch carriage, and any horse drawing the same, and to lodge the same for safe custody at some public green yard, or some livery stables or ther place of safety, and them to detain and keep until some one of his Majesty's justices of the peace shall hear and determine such offence, and until the penalty which such offender shall be liable and adjudged to pay for such offence, together with the costs of the proceedings for the recovery thereof, and the expenses of taking and keeping such wagKon, wain, cart, car, dray, or other carriage, and any horse drawing the (a) The case of R. v. Powell, 4 T. R. 572, which decided that the owner of a cart who did not reside within the bills of mortality, or within five miles of Temple Bar, need not enter his name and place of abode with the commis- May be sold, &c. 1 & 2 Will. 4, c. 22. same, shall be fully paid and discharged; and if, on the conviction of any such offender, the said penalty, costs, and expenses shall not be forthwith paid, such waggon, wain, cart, car, dray, or other such carriage, and the horse, so seized and taken as aforesaid, or either of them, shall be sold under an order for that purpose, under the hand of su justice, directed to the constable or other peace officer of the parish ̈* place where any such offence shall be committed; and the surplus any) of the money arising from such sale, after deducting thereout t amount of such penalty, costs, and expenses as aforesaid, together als with the costs and expenses of such sale, shall be rendered to the owner of the waggon, wain, cart, car, dray, or other carriage or horse, whi shall have been so seized and sold as aforesaid." Duties and penalties how recoverable. Before whom offences to be heard and determined. Sect. 61. "All the duties granted by this act, and all fines, penalties and forfeitures imposed by or which may be incurred under any of the provisions of this act, relating in any manner to the licenses required be obtained for hackney carriages, or to the Stamp-office plate to be fir thereon, shall and may be sued for and recovered by all such ways an means, summary or otherwise, and in such manner and form, as r and is or at any time hereafter shall be provided by law for the recovery of any duties, penalties, or forfeitures granted or imposed by any relating to stamp duties, as well as by the particular ways and mear provided and directed by this act." Sect. 62. "It shall be lawful for his Majesty's principal secretary I state for the home department, by such orders and under such reg lations as he shall from time to time think fit to make in that behalf! direct any one of his Majesty's justices of the peace appointed or appointed under any act or acts for regulating the office of a ju peace in the metropolis, to attend daily from the hour of eleven in the forenoon until the hour of three in the afternoon, at such one of the public police offices of the metropolis, or at such other office or place a the said principal secretary of state shall appoint in that behalf, being within the city of London, for the purpose of hearing and deter mining offences against the provisions of this act; and that it shal lawful for any justice of the peace, who for the time being shall be attendance at such public police office, or other office or place to be of pointed for that purpose as aforesaid, to hear and determine all such offences as aforesaid in a summary manner, wheresoever the same have been committed: Provided always, that it shall also be lawful any other of his Majesty's justices of the peace, having jurisdiction where any such offence as aforesaid shall be committed, in like mane to hear and determine the same at any place within his jurisdiction." Sect. 63. “It shall be lawful for any such justice as aforesaid, in cases in which no other mode of proceeding is specially provided directed by this act, upon information or complaint made by any pers Limitation of pro- of any offence against the provisions of this act within thirty days nex after the commission of any such offence, to summon the party accus and also the witnesses on either side, to appear before the said justice, before any other justice of the peace, at a time and place to be appoint for that purpose; and either on the appearance of the party accused, in default thereof, it shall be lawful for such justice, or any other justier present at the time and place appointed for such appearance, to proced to examine into the matter of fact, and upon due proof made thereof, by voluntary confession of the party, or by oath of one or more credible witness or witnesses, to give judgment for the penalty or forfeiture, and on nonpayment thereof, together with the costs of such proceedings, to commit the offender to prison, where such commitment is specially directed by this act; and in any case where such commitment is not so specially directed, such justice is hereby required to award and issue out his warrant for the levying of any penalty or forfeiture so adjudged, together with the said costs and expenses, and also the costs and ex penses of such warrant, and of levying the same on the goods of the Mode of proceeding for penalties before a justice of peace. ceedings. Summons. Adjudication Distress. offender, and to cause sale to be made of such goods in case they shall 1 & 2 Will. 4, c. 22. not be redeemed within five days, rendering to the party the overplus (if any); and where goods of such offender cannot be found sufficient to Proceedings con clusive. answer the penalty, and all such costs and expenses, to commit such Commitment. offender to prison, there to remain for any time not exceeding two calendar months, unless such penalty and all such costs and expenses shall be sooner paid; and every such imprisonment shall be with or without Hard labour. hard labour, as such justice shall direct; and all proceedings whatsoever before any justice of the peace under any of the provisions of this act, and the judgment of the said justice thereon, shall be final and conclusive between the parties, and shall not be quashed or vacated for want of form, and shall not be removed by certiorari, or any other writ No certiorari. &c. or process, into any superior court, any law, statute, or usage to the contrary notwithstanding." How goods distrained under act to be sold. Sect. 64. "In all cases where any goods or chattels distrained or otherwise seized or taken under any of the provisions of this act are directed to be sold, the same shall be sold by public auction, and notice of the time and place of such sale shall be given to the owner of such goods or chattels, or left at his last-known place of abode three days at the least prior to such sale: Provided always, that if the owner of any such goods or chattels shall give his consent in writing to the sale thereof at an earlier period than is by this act or shall be by any such notice appointed for such sale, or in any other manner than is by this act directed, it shall be lawful to sell such goods and chattels according to such consent: Provided also, that if the owner of such goods or chattels shall, Tender. at any time before the sale thereof, pay or tender to the person who by any warrant or other process shall be directed or authorized to cause such goods or chattels to be sold, the sum which he shall by such warrant or process be directed to levy or raise by the sale of such goods or chattels, together with all reasonable costs and expenses incurred, no sale of such goods or chattels shall be made." (D). be drawn Sect. 65. "Every summons, conviction, warrant of distress, or com- Summonses, conmitment, which shall be respectively made or issued in any proceed-victions, and warings for the recovery of any duty or penalty under the provisions of this up according to act, may be drawn or made out according to the several forms contained forms in schedule in the schedule (D.) hereunto annexed, or to the effect thereof, mutatis mutandis, as the case shall require; and every such summons, warrant, and conviction respectively which shall be so drawn or made out shall be good and effectual, without stating the case of the facts or evidence in any more particular manner than is required by such forms respectively." Sect. 66. "It shall be lawful for any justice of the peace, upon any complaint being lodged before him against the proprietor or driver of any hackney carriage, or against any waterman or assistant to the drivers of hackney carriages, under the provisions of this act, to issue a warrant for the apprehension of such proprietor or driver, or such waterman or assistant, or a summons for his appearance, to be examined touching the said complaint, or to answer the same, as to such justice shall seem fit." Sect. 67. "If any person who shall be summoned as a witness to give evidence before any justice of the peace touching the matters alleged in or relating to any information, complaint, or other proceeding depending before such justice under the authority of this act, shall neglect or efuse to appear before such justice at the time and place to be for that urpose appointed, without a reasonable excuse to be allowed by such justice, or if any person so summoned shall appear, but shall refuse to be examined and give evidence before such justice touching the matters atoresaid, every person so offending shall forfeit 57." Justices may issue warrants or sumproprietors, drivers, and watermen. monses against Witnesses neglecting to attend or evidence. refusing to give Sect. 68. "Any summons issued by any justice of the peace requiring Service of justice's the appearance of any defendant or of any witness or other person, with summons. reference to any information, complaint, or other proceeding pending for the recovery of any duty or penalty under this act, shall be deemed to |