1 & 2 Will. 4, c. 22. be well and sufficiently served in case either the summons or a copy thereof be served personally on any such person as aforesaid, or be left at his usual or last place of abode, or (in case such person be a licensed proprietor of a hackney carriage, or a licensed waterman or assistant to the drivers of hackney carriages) at the place specified in any such license as the place of abode of such proprietor or waterman, as the e may be; and if the place so specified cannot be found, or if such pr prietor or waterman shall not be known thereat, then such summe shall be deemed to be well and sufficiently served if the same or a cont thereof be fixed up in some conspicuous place in the said head office is stamps to be appointed for that purpose." Constable refusing to serve a summcns or execute a warrant. Justices may mitigate penalties. Costs. Distribution of penalties. Costs. Informants or disqualified from being witnesses. Sect. 69. "If any constable or other peace officer shall refuse or eglect to serve or execute any summons, warrant, or order granted or issued by the commissioners of stamps, or by any justice of the peace, pursua to any of the provisions of this act, every such constable or peace other so offending, and being convicted thereof upon the information of ary person before any justice of the peace, shall forfeit 57., and in default payment thereof shall be committed by such justice to the house of errection, there to be kept for the space of one calendar month, unla such penalty shall be sooner paid." Sect. 70. It shall be lawful for any justice of the peace before wher any person shall be convicted of any offence against any of the pr visions of this act, to mitigate, as he shall think fit, any penalty by th act imposed, in cases where such justice shall see cause so to do; provide that all reasonable costs and charges expended or incurred in prosecu for such offence shall be always allowed over and above the sum to such penalty shall be mitigated, any thing herein contained to themtrary notwithstanding." Sect. 71. "All pecuniary penalties which shall be recovered here any justice of the peace under the provisions of this act, except such a shall be recovered in the city of London or the borough of Southwark, shall respectively be divided and distributed in manner following; (th is to say), one moiety thereof to his Majesty, and the other mo thereof (with full costs) to the person who shall inform and prosecute for the same." Sect. 72. "Upon the trial or hearing of any information or complai complainants not exhibited or made under any of the provisions of this act, any informa or complainant or other person shall be deemed and is hereby declare to be a competent witness, notwithstanding that he may be entitled t› any part of any pecuniary penalty or to any pecuniary compensation reward on the conviction of any offender, upon any such information complaint." Limitation of action. Venue. Notice of action. General issue. Sect. 73. "All actions and prosecutions which shall be brought t commenced against any person for any thing done in pursuance or under the authority of this act shall be commenced and prosecuted withi three calendar months next after the fact committed, and not afterwar and shall be brought and tried in the county or place where the case of action shall arise, and not elsewhere; and notice in writing of suca action and of the cause thereof shall be given to the defendant calendar month at least before the commencement of the action; and the defendant in such action may plead the general issue, and give this art and any other matter or thing in evidence at any trial to be had thereupon; and if the cause of action shall appear to arise from any matter or thing done in pursuance and by the authority of this act, or if any such action shall be brought after the expiration of such three calendar months, or shall be brought in any other county or place than as afore said, or if notice of such action shall not have been given in manner Tender of amends. aforesaid, or if tender of sufficient amends shall have been made before such action commenced, or if a sufficient sum of money shall have been paid into court after such action commenced, by or on behalf of the de fendant, the jury shall find a verdict for the defendant; and if a verdict Costs of action, all pass for the defendant, or if the plaintiff shall become nonsuit, or 1 & 2 Will. 4, c. 22. all discontinue any such action, or if on demurrer or otherwise judgent shall be given against the plaintiff, the defendant shall recover is full costs of suit as between attorney and client, and shall have the ke remedy for the same as any defendant may have for costs of suit in ther cases at law; and although a verdict shall be given for the plaintiff 1 any such action, such plaintiff shall not have costs against the dendant unless the judge before whom the trial shall be had shall signify is approbation of the action, and of the verdict obtained thereupon." Sect. 74. "In order to avoid the frequent use of divers terms and ex- Construction of ressions, and to prevent any misconstruction of the terms and expresions used in this act," it is enacted, "That whenever in this act with reference to any person, animal, matter, or thing, any word or words is or are used importing the singular number or the masculine gender only, vet such word or words shall be understood to include several persons or nimals as well as one person or animal, females as well as males, bodies olitic or corporate as well as individuals, and several matters or things well as one matter or thing, unless it be otherwise specially provided, r there be something in the subject or context repugnant to such contruction." Sect. 75. "And whereas it is expedient to transfer the collection and management of the duties on hawkers and pedlars in England from the commissioners for licensing and regulating hackney coaches to the comissioners of stamps; be it therefore enacted, That from and after the 7th day of January, 1832, the rates and duties granted and made payable, y an act passed in the fiftieth year of the reign of his late Majesty King eorge the Third, intituled An act for placing the duties of hawkers and dlars under the management of the commissioners of hackney coaches, by very hawker, pedlar, petty chapman, and every other trading person nd persons going from town to town, or to other men's houses, and traelling either on foot, or with horse, horses, or otherwise, in England, Vales, or the town of Berwick-upon-Tweed, carrying to sell or exposing sale any goods, wares, or merchandize, shall be payable and paid to d shall be under the care and management of the commissioners of tamps for the time being, and shall be denominated and deemed to be tamp duties." terms used in act. Duties granted by Grand ped lars, to be paid to hawkers commissioners of stamps. of other acts relat force as if repeated in act. Sect. 76. "All the powers, provisions, regulations, and directions con- Powers, &c., of 50 ained in the said recited act, or in any other act or acts relating to the Geo.3, c. 41, and aid duties on hawkers and pedlars in force immediately before the passing to duties on ing of this act, shall be executed and enforced by the commissioners of hawkers, to be in stamps, for securing and collecting the said duties, as fully and effectually if such powers, provisions, regulations and directions had been origially given to the said commissioners of stamps, and as if the same were repeated and re-enacted in this act; and that all the powers, provisions, regulations, and directions, forfeitures, pains, and penalties conined in and imposed by any act or acts in force immediately before the passing of this act, in relation to any of the duties under the maLazement of the commissioners of stamps, so far as the same are appliole to the said duties on hawkers and pedlars, shall be of full force and ffect, and shall be applied and put in execution, for securing and colecting the said last-mentioned duties, and for preventing, detecting, and unishing all frauds, forgeries, and other offences relating thereto, as fully ad effectually as if such powers, provisions, regulations, and directions, rfeitures, pains, and penalties, were repeated and specially enacted in is act with reference to the said last-mentioned duties." Sect. 77. "In all cases where no other period is specially fixed for the Commencement of mmencement of any of the clauses or provisions of this act, the same shall commence and take effect on the 5th day of January, in the year 1532: Provided always, that it shall be lawful for the commissioners of amps or their authorized officer, at any time during the period of one alendar month preceding the said 5th day of January, to grant and act, &c. 1 & 2 Will. 4, c. 22. issue licenses under any of the provisions of this act, to commence and take effect after the said 5th day of January; and all licenses which shall be so granted and issued shall be dated on the said 5th day January, 1832, and shall be valid and effectual to all intents and pr poses, any thing herein before contained to the contrary notwithsta ing." 3 & 4 Will. 4, c. 48. Act not to extend By 3 & 4 Will. IV. c. 48, s. 7, “And whereas an act was passe the first and second years of the reign of his present Majesty, intit to steam carriages. An act to amend the laws relating to hackney carriages, and to wag carts, and drays, used in the metropolis, and to place the collection of duties on hackney carriages, and on hawkers and pedlars, in Engl under the commissioners of stamps; and doubts have arisen whether riages drawn or impelled by the power of steam, and used for the e veyance of passengers for hire, are hackney carriages, subject to duties and regulations imposed and enacted by the said last-recited for removing such doubts, be it enacted and declared, That nothing i the said last-recited act shall extend or be deemed or construed to e tend to any carriage drawn or impelled by the power of steam, or othe wise than by animal power." 6 & 7 Vict. c. 86. Repeal of 1 & 2. Licenses to con tinue in force until others are granted Meaning of certain act. By the 6 & 7 Vict. c. 86, intituled, "An act for regulating hari and stage carriages in and near London," [22nd August, 1843], ati reciting that "The provisions for licensing the drivers, conductors, watermen of public carriages in and near London need to be amende it is enacted, "That an act passed in the second year of the reigne Majesty, intituled, ' An act for the better regulation of hackney carri and of metropolitan stage carriages, and of waggons, carts, and used in and near the metropolis, and of drivers and attendants there. shall be repealed: Provided always, that all licenses and tickets grante under the said act shall continue in force for the time for which were originally granted (if not sooner suspended or revoked), or until licenses and tickets shall be issued instead of them under this act, & that all offences against the provisions of the said act committed be the passing of this act may be punished as if this act had not passed." Sect. 2. "That the words hereinafter mentioned, which, in the words used in this usual signification, have a more confined or different meaning, shail this act (except where the nature of the provisions, or the context the act, shall exclude such construction), be interpreted as foll (that is to say,) the words hackney carriage' shall include every c riage (except a stage carriage) which shall stand on hire, or ply for passenger for hire at any place within the limits of the city of Lond and the liberties thereof, and metropolitan police district; and the word 'metropolitan stage carriage' shall include every stage carriage exce such as shall on every journey go to or come from some town or p beyond the limits aforesaid; and the word 'proprietor' shall includ every person who, either alone or in partnership with any other pers shall keep any hackney carriage or any metropolitan stage carriage, who shall be concerned otherwise than as a driver or attendant in en ploying for hire any hackney carriage or any metropolitan stage e riage; and the word 'conductor' shall include every director or th person, except the driver, who shall attend upon the passengers metropolitan stage carriage; and the word waterman' shall includ every person supplying water to the drivers of hackney carriages at th standings or places where hackney carriages usually stand or ply hire, and every person assisting the drivers at such standings in ma naging or taking care of the horses or carriages, and every attendan upon any metropolitan stage carriage at places where such carriag usually stop or ply for passengers; and the word 'passenger' shalli clude every person carried by any hackney carriage, or by any metre politan stage carriage, except one driver, and, where there shall be in onductor to such metropolitan stage carriage, one conductor; and the word horse' shall include every mare and gelding; and every word mporting the singular number only, shall extend and be applied to everal persons and things as well as to one person or thing; and every Ford importing the masculine gender only shall extend to a female as well as to a male." 6 & 7 Vict. c. 86. Certain provisions of 1 & 2 Will. 4, this act. c. 22, extended to Sect. 3. "That so much of an act passed in the second year of the Sect. 4, after reciting the 1 & 2 Will. IV., c. 22, s. 59, ante, 453, this act, " without Title and place of the realm painted compliance with the act. Appointment of registrar, deputy registrar, and other officers. painted on metro Sect. 6. "That the commissioners of her Majesty's Treasury shall ap- Salaries. int such salaries to be paid to the said registrar, deputy registrar, and cers, as they shall think proper; which salaries, together with such ther expenses in and about the execution of this act as the said comissioners of the Treasury shall direct, shall be paid by the commissionof stamps and taxes, out of any monies to arise from any of the duties under their care and management." Sect. 7. "That the proprietor of every metropolitan stage carriage hall keep distinctly painted, both on the outside and inside of the same, in such a manner and in such a position as shall from time to time be rected by the registrar, the words 'metropolitan stage carriage,' or ach other words as the registrar shall direct, together with the number of the Stamp-office plate relating to such carriage; and shall also, on the inside of every such carriage, keep distinctly painted in a conspicuous manner a table of fares to be demanded of passengers by such carriage; and the fares therein specified shall be deemed to be the only lawful Particulars to be politan stage carriages. 6 & 7 Vict. c. 86. fares, and may be recovered by the driver or conductor as in the case of hackney carriages, in a summary way, before any justice of the peace; and every proprietor making default in the premises shall forfeit the sum of 20s. for every offence." Registrar to grant licenses. Sect. 8. "That it shall be lawful for the registrar to grant a licen to act as driver of hackney carriages, or as driver or as conductor metropolitan stage carriages, or as waterman, (as the case may be any person who shall produce such a certificate as shall satisfy the sa registrar of his good behaviour and fitness for such situation resp tively: Provided always, that no person shall be licensed as such drive as aforesaid who is under sixteen years of age; and in every such licen shall be specified the number of such license, and the proper name a surname, and place of abode, and age, and a description of the person i» whom such license shall be granted, and, in the case of a watermar, the standing or place at which he shall be thereby authorized to act a waterman, and the nature of his duties; and every such license s bear date on the day on which the same shall be granted, and shall e tinue in force until and upon the first day of June next after the dir thereof, or, if granted in the month of May in any year, then to a tinue in force until and upon the first day of June in the year nex following that in which the same shall be granted, except in either ca the same shall be sooner revoked, and except the time (if any) dura which any such license shall be suspended; and on every licens a driver or conductor, the registrar shall cause proper columns to prepared, in which every proprietor employing the driver or cond named in such license, shall enter his own name and address, un 2 days on which such driver or conductor shall enter and shall qual service respectively; and in case any of the particulars entered or i dorsed upon any license in pursuance of this act shall be erased or d faced, every such license shall be wholly void and of none effect; a the said registrar shall, at the time of granting any license, deliver the driver, conductor, or waterman to whom the same shall be grante ticket to be given. an abstract of the laws in force relating to such driver, conductor, waterman, and of the penalties to which he is liable for any misconduct and also a metal ticket, upon which there shall be marked or engrave his office or employment, and a number corresponding with the num which shall be inserted in such license." At the time of granting any license an abstract of the laws and a A stamp duty of five shillings on every license granted under this act. Penalty on persons acting as drivers, &c. without licenses and tickets, 51.; Sect. 9. "That there shall be charged upon and in respect of ever license to be granted under the authority of this act, except as her after provided, a duty of 5s., and that the same shall be under the car and management of the commissioners of stamps and taxes, and sha deemed to be a stamp duty, and shall be within the provisions of all a for raising, levying, or securing the stamp duties, or any of them; the said commissioners, upon application for that purpose made by ta said registrar, shall issue to him vellum, parchment, or paper for sa licenses, duly stamped, for denoting the duties charged by this act, eit upon the present payment of the duties payable on such licenses, upon giving such security for the payment thereof, and upon such ter and subject to such regulations as the said commissioners shall thin proper: Provided always, that in case any person shall apply for a ne license who shall have been previously licensed, and shall either have returned his metal ticket on the expiration of his former licens or, if such license be still in force, shall not have returned the requ tion for a new license on the day appointed for that purpose by the re gistrar, or shall not apply for his new license on the day in like manne appointed for that purpose, it shall be lawful for the registrar to cha him any additional sum for his license not exceeding 5s." Sect. 10. "That it shall not be lawful for any person to act as drive of any hackney carriage, or as driver or conductor of any metropolita stage carriage, whether such person shall or shall not be the proprieta of such carriage, or for any person to act as a waterman, within th |