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6&.7 Vict. c.86. ticket of such person (if licensed), shall be liable to a further penalin
of 40s.; and it shall be lawful for any police constable, without any warrant for that purpose, to take into custody any person unlawfully acting as a driver, or as a conductor, or as waterman, and to contes him before any justice of the peace, to be dealt with according to let, and also, if necessary, to take charge of the carriage and every horse 1] charge of such person, and to deposit the same in some place of s
custody until the same can be applied for by the proprietor." Punishment for Sect. 28. “That every driver of a hackney carriage, or driver or cor furious driving, and wilful misbe.
ductor of a metropolitan stage carriage, who shall be guilty of wanton 7| haviour.
furious driving, or who by carelessness or wilful misbehaviour sta cause any hurt or damage to any person or property being in any street or high way, and also every driver, conductor, or waterman, who durs: his employment shall be drunk, or shall make use of any insultin? abusive language, or shall be guilty of any insulting gesture ore misbehaviour, shall for every such offence forfeit the sum of 3!. ; CE: shall be lawful for the justice before whom such complaint shall brought, if in his discretion he shall think proper, instead of inflict-2 such penalty, forthwith to commit the offender to prison for any per: not exceeding two calendar months, with or without hard labour, 83 justice shall direct; and in every case where any such hurt or damit shall have been caused, the justice, upon the hearing of the complaini, may adjudge, as and for compensation to any party aggrieved as afer said, a sum not exceeding 101., and may order the proprietor of the hackney carriage or metropolitan stage carriage, the driver or epdate of which shall have caused such hurt or damage, forthwith to para sum, and also such costs as shall have been incurred, and MDthereof may be enforced against such proprietor as any penaltyap 521 of money may be recovered under and by virtue of this act; and 32 sum which shall be so paid by the proprietor, shall in like manner be recovered in a summary way before a justice of the peace, frun 13 driver or conductor through whose default such sum shall have beck paid, upon proof of the payment thereof, pursuant to the order of the justice, or it shall be lawful for the justice in the first instance to a? judge the amount of such compensation to be paid by such drivers
conductor to the party aggrieved.” (See ante, tit. “Furious Drina." Standings for
Sect. 29. “ That it shall be lawful for the commissioners of police es hackney carriages the metropolis, from time to time to appoint standings for hackner cafe to be appointed
riages at such places as they shall think convenient within the metra politan police district, except the borough of Southwark, and at iba discretion to alter the same, and from time to time to make regula-6 concerning the boundaries of the same, and the number of earriott be allowed at any such standing, and also to make regulations for forcing order at the places at which metropolitan stage carriages show call or ply for passengers, and for fixing the time during which can such carriage shall be allowed to remain at any such place; and every driver of a hackney carriage, and also every driver or conductor 3 metropolitan stage carriage, who shall wilfully disregard or not conf : himself to such regulations, shall for every such offence forfeit the sea of 40s."
The power of regulating hackney-coach-stands, given to the vestry of St. Marylebone by the local act, 35 Geo. 3, c. 73, s. 95, has been bed as not superseded by the 1 & 2 Will. 4, c. 22. (Frost y. William, i Ad. & E. 773; 2 Nev. & P. 475).
It was made a question in that case, but not decided, whether, in the absence of such local authority, stat. 1 & 2 Will. 4, c. 22, gives literiy to ply with hackney carriages in any place within the limits sub ect to that act. (16.)
Also, whether, by stat, 1 & 2 Will. 4, c. 22, the commissioners of stamps have authority to appoint stands for hackney carriages. (10.)
6 & 7 Vict. c. 86. who shall himself find it in the carriage, shall, within four days next
after the same shall have been left, carry the property, in the state in which he shall find the same, to the head office for stamps in the city of Westminster, and shall there deposit and leave the same with the proper officer to be appointed by the commissioners of stamps and taxes for that purpose, upon pain that every such conductor making default herein shall forfeit 207.; and the property so deposited by any conducteur or driver shall be dealt with in the same manner as property left 1
hackney carriages, and deposited by the drivers of such carriages." Proprietors may Sect. 35. “That when any complaint shall be made before any je be summoned to tice of the peace against the driver of any hackney carriage, or the driver appear, and to produce the driver or or the conductor of any metropolitan stage carriage, for any offence conductor. committed by him against the provisions of this act, or of the recited
act of his late Majesty, or of any order or regulations made in pusuance of this act, it shall be lawful for such justice, if he shall think proper, forthwith to summon the proprietor of such carriage to proides before him, or such other justice of the peace as shall be then present, the driver or conductor by whom such offence was committed, answer such complaint; and in case such proprietor, after being dula summoned, shall fail to produce the driver or conductor, it shall be lawful for the justice of the peace before whom such driver or conducte should be produced (if he shall think fit) to proceed, in the abseke e such driver or conductor, to hear and determine the case in the sun manner as if he had been produced, and to adjudge payment by t* proprietor of any penalty or sum of money and costs in which the driver shall be convicted; and any sum of money which shall be so paid his the proprietor, shall be recovered in a summary way from the drivere conductor by whose default such sum shall have been paid, upar
of payment thereof, pursuant to the order of the justice, and upon po In case of proprie of service of the notice hereinafter mentioned: Provided always, that tors failing so to the justice of the peace shall deem it proper, it shall be lawful for him,
when such proprietor shall fail to produce his driver or conductor, wilde out any satisfactory excuse to be allowed by such justice, to impose a fine of 40s. upon such proprietor, and so from time to time, as often & he shall be summoned in respect of such complaint, until he shall pro duce his driver and conductor; and every proprietor so summoned to produce his driver or conductor shall cause to be given to such driver or conductor, or to be left at the abode specified in his license, or such license shall expire after the offence committed and before the hearing of the complaint) at his usual place of abode, a written notke of the time and place when and where such driver or conductors be required to attend; and if such driver or conductor shall not attend according to such notice, it shall be lawful for a justice of the peace to issue a warrant for his apprehension; and if, after such notice, any driver or conductor shall, without a reasonable excuse to be allowed by the justice, neglect or refuse to attend at the time and place therein melitioned, or (having previously left the service of the proprietor so submoned as aforesaid) shall not at the time and place of his attendance produce his license, he shall forfeit the sum of 408., and so from flm
to time, as often as he shall so neglect or refuse." Magistrates em Sect. 36. “ That it shall be lawful for any magistrate specially as and determine
pointed under the authority of the said act of the reign of his late Hacomplaints, jesty for the purpose of hearing and determining offences against the
provisions of that act, or for such other magistrate as shall be in atten." ance at the office appointed in that behalf, to hear and determine any complaint for any offence against the provisions of this act, or of any act now in force or hereafter to be in force, wheresoever the cause of complaint may arise, within the City of London or the liberties there of, or elsewhere within the limits of this act, so far as the same shall re late to hackney carriages, or to metropolitan stage carriages, of
powered to hear
atermen, in like manner as if such provisions had been included in 6 & 7 Vict. c. 86. le aforesaid act." Sect. 37. “That upon the hearing of any complaint made under the Evidence of comovisions of this act or the recited act passed in the reign of his late plainant to be ajesty, or of the orders and regulations aforesaid, it shall be lawful for e justice of the peace, by whom the same shall be heard, to examine ad take the evidence of the informant or complainant in any dispute encerning the amount of fare paid or demanded by either party, or in ay dispute between the proprietor and driver or conductor of any ackney carriage or metropolitan stage carriage concerning the wages
such driver or conductor, or in any complaint of personal injury one to the complainant by the driver of any hackney carriage or memopolitan stage carriage, or in any case in which the informant or comSlainant shall be entitled to no pecuniary advantage besides his costs and expenses, or, being entitled to some compensation or pecuniary adantage, shall either give up all claim to the same, or shall not be the nly witness in the case.” Sect. 38. “That all complaints under the provisions of the said re- Complaints to be
made within seven ited act of the reign of his late Majesty or of this act, or of the orders
days. nd regulations made in pursuance of either of them, except such as hall be made by the direction of the commissioners of stamps and Eaxes, and except in cases where some other term of limitation is sperially provided by this act, shall be made within seven days next after the day on which the cause of complaint shall have arisen.” Sect. 39. "That it shall be lawful for any justice of the peace to hear Penalties may be
awarded to be paid and determine all complaints under the provisions of this act or of the
by instalments. aid recited act of the reign of his late Majesty, and to adjudge the payment of any penalty or of any sum of money under either of the said ets, or of the orders and regulations made pursuant to either of them, nd to order payment of the same, with or without costs, either imme
ately or at such time and place, and by such instalments, as he shall hink fit; and in case of non-payment of the sum so ordered to be paid, In case of nonpayof any one instalment thereof, to adjudge the party making default ment the party
may be impribe imprisoned in the common gaol or house of correction for any soned. em not exceeding two calendar months, with or without hard labour,
eh imprisonment to cease on payment of the sum so adjudged or or-
e recited act of the reign of his late Majesty, and the judgment of the
given to the owner of such goods or chattels, or left at his usual place of abode, three days at 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 suca notice appointed for such sale, or in any other manner than is by the act directed, it shall be lawful to sell such goods or chattels according to such consent: Provided also, that if the owner of such goods or chaties shall, at any time before the sale thereof, pay or tender to the persa who by any warrant or other process shall be directed or authorized ta cause such goods or chattels to be sold, the sum which he shall by sock warrant or process be directed to levy or raise by the sale of such goda or chattels, together with all reasonable costs and expenses incurred, sale of such goods or chattels shall be made.”
Sect. 41. “ That for the purpose of serving summonses and other ne tices required by this or the recited act of his late Majesty, the usual place of abode of any driver, conductor, or waterman, or of any person who, having been licensed as a driver, conductor, or waterman, has de glected to return his metal ticket at the expiration of his license, shal be deemed to be the place specified in the license; and that it shall be lawful for any justice of the peace in all cases, upon complaint being made in respect of any matter within the meaning of this or of the tr cited act of his late Majesty, or of the orders and regulations made in pursuance thereof, to issue his summons to require the attendance the person complained of before the said justice, or any other justke, ai a time and place to be appointed for that purpose, or to issue a Watan: for the apprehension of such person, either in the first instance, or at the issuing and service of such summons and the non-appearance et party summoned ; and every summons or other notice required by thá act shall be deemed to be duly served, provided the same, or a thereof, shall be either personally served or left at the usual place i abode of the party to whom it shall be directed, or if he shall be a party licensed under this or the recited act of his late Majesty, then at the place of abode specified in his license.”
Sect. 42. “ That every person summoned as a witness to give eldence touching any matter to be heard under this act or the recited at of his late Majesty, who shall neglect or refuse to appear at the time and place for that purpose appointed by any justice of the peace, Wilbout a reasonable excuse to be allowed by such justice, or who shall as pear but refuse to be examined or give evidence, shall forfeit the su of five pounds."
Sect. 43. “That every summons or warrant of distress which shall be had or taken against the proprietor of a hackney carriage, or metropolias stage carriage, for the default of the driver or conductor thereof, for 16 recovery of any penalty, compensation, or costs under the provisions Gi this act, or such rules, orders, and regulations as aforesaid, may be dra97 or made out according to the several forms contained in the scheduir hereunto annexed, or to the effect thereof, with such changes as the case may require; and that every order, conviction, warrant, or other pro ceeding which shall be drawn, had, or issued under the provisions of the act or of the recited act of the reign of his late Majesty, or of such rules orders, and regulations as aforesaid, shall be good and effectual withoua stating the facts in evidence, or more than the matter or offence in spect whereof such order, conviction, or other proceeding as aforesai shall have been had, made, or issued.”
Sect. 44. “ That in every case where there shall be more than one proprietor of any hackney carriage or metropolitan stage carriage, shall be sufficient, in any information, summons, order, convicIJO warrant, or any other proceeding under the provisions of this act of the said recited act of the reign of his late Majesty, to name one of such proprietors without reference to any other or others of them, and w scribe and proceed against him as if he were sole proprietor."