XVI. Reports as to State of the Gaol, &c.—con. Statement of establishment of officers and servants, shewing increase or diminution, to be transmitted to secretary of state, iii. 400.
Abrogation of return required by 5 Geo. 4, c. 85, iii. 400.
Return required by 4 Geo. 4, c. 64, altered, iii. 400.
XVII. Penalties for Offences in Contraven- tion of Acts, how recoverable, &c.—Ap- peal, &c.—Actions, &c.
Recovery and application of penalties, iii. 401.
Form of conviction, iii. 401.
Appeal to quarter sessions, iii. 401. Notice, iii, 401.
Order or conviction not quashed for want of form, iii. 401.
No certiorari, iii. 401.
Distress not unlawful for want of form, iii. 401.
In action for executing act, general issue, iii. 402.
Double costs, iii. 402.
Venue, where laid, iii. 402.
XVIII. Some General Clauses of the 4 Geo. 4. c. 64, 5 Geo. 4. c. 85, and 2 & 3 Vict. c. 56.
4 Geo. 4, c. 64, iii, 402. Repeal of acts, iii. 402. Exception as to, iii. 404.
Proviso for the prisons of Bridewell, King's Bench, &c., ships for convicts, &c., iii. 405.
Proviso for rights of mayors, &c. having se- parate jurisdictions, iii. 405.
Proviso where prisons built on crown land, &c., iii. 405.
Meaning of the words "prisons" and "pri- soners," iii. 405.
XIX. Schedules and Forms as to.
Schedule (A) to 4 Geo. 4, c. 64, iii. 405. Schedule (C) to 4 Geo. 4, c. 64, iii. 405. Schedule (B) to 5 Geo. 4, c. 85, iii. 406. Certificate, iii. 406.
Description of discharged prisoner, iii. 407. Memorandum for guidance of overseers of
poor, treasurers of counties, and keepers of prisons, iii. 407.
Declaration of keeper of the prison, iii. 407. Conviction on 4 Geo. 4, c. 64, s. 40, for carrying spirituous liquors into a prison, iii. 410.
Other forms referred to, iii. 410.
GAOLS FOR JUVENILE OFFENDERS. The 1 & 2 Vict. c. 82, iii. 410.
Her Majesty may appoint the buildings at Park- hurst to be used as a prison for juvenile of- fenders, iii. 410.
GAOLS FOR JUVENILE OFFENDERS -continued.
Officers to be appointed by the Crown, ii.
Young offenders under sentence may be re- moved to Parkhurst, iii. 410.
Term of imprisonment there, iii. 411. Gaolers, &c. having custody of offenders 01- dered to be placed there, shall cause them to be delivered to the governor thereof, iii. 411.
As to offenders removed from Parkhurst as incorrigible, iii. 411.
Powers of the governor, iii. 411. Secretary of state to make regulations for the government of the prison, iii. 411.
Corporal punishment may be inflicted in Park- hurst prison, iii. 411.
Visitors to be appointed by the Queen in coun- cil, iii. 411.
Visitors to report the state of the prison to the secretary of state, iii. 412.
Offenders pardoned conditionally may be com- mitted to house of correction if they break the condition, or remitted to their former sentence, iii. 412.
Offenders breaking prison, &c., iii. 412. Penalty on rescuing or aiding in the rescue of offenders, iii. 413.
Where offenders escaping shall be tried, iii. 413.
Order of commitment to be evidence, iii. 413. Expenses of prosecution, iii. 413. Protection of the governor, iii. 413. Limitation of actions, iii. 413.
Annual report to be laid before Parliament, iii. 413.
The 3 & 4 Vict. c. 90, iii. 413.
Court of Chancery empowered to assign the
care of any infant convicted of felony to any person other than the testamentary or natural guardian, iii. 414.
Court may rescind or alter such assignment, iii. 414.
And award costs in certain cases, iii. 414. Infant not to be sent beyond the seas, &c., iii. 414.
No fee to be taken by officer of court, iii. 414.
Counsel may be assigned, iii. 414.
This act not to interfere with execution of the sentence, iii. 414.
As to the keeping of loaded guns or discharg. ing same, &c. on Thames, see POLICE, THAMES.
Training to use of arms. See RIOT.
As to fireworks, see FIREWORKS. Erecting powder mills near a town, a nuisance, iii. 417.
Who may make, iii. 417.
In what places may be made, iii. 417. No pestle mill shall be used in making, ii. 417. What quantity shall be made at one time, . 417.
Exception of Battle powder, iii. 417. What quantity shall be dried at one time, iii. 417.
What quantity shall be kept in or near the place of making, iii. 417.
Magazines to be kept remote from the will,
Power of the justices to search, iii. 421. Regulations on the river Thames, iii. 421. Seizure of, iii. 421.
Penalties, how to be recovered and applied, iii. 421.
General exception, iii. 421. Importation, iii. 422.
Places appointed for breaming ships, and lear ing and receiving gunpowder, iii. 422. Penalty, iii. 423.
When pilots rendered incapable, iii. 423. Unlawful quantities of gunpowder may seized, iii. 423.
Seizure by police, iii. 423.
GYPSIES. See EGYPTIANS, VAGRANTS.
As to habeas corpus ad testificandum, ii. 450. I. Habeas Corpus ad Subjiciendum. (1). The Habeas Corpus Act, and other Acts, as to.
The 31 Car. 2, c. 2, iii. 424. Recital of expediency of amending the law as to writs of, iii. 424.
Writ to be returned in three days after ser vice, and the body brought, if within twenty miles, &c., iii. 424.
IABEAS CORPUS-continued. Habeas Corpus ad Subjiciendum—continued. Charges for bringing up body, iii. 424. Writ, how to be marked, iii. 425. Proceedings thereon in vacation, iii. 425. Persons, neglecting two terms to pray a habeas, shall have none in vacation time, iii. 425.
Officer, how to be proceeded against for not obeying writ, iii. 426.
Persons set at large not to be re-committed but by order of court, iii. 426.
Persons committed for treason or felony to be indicted the next term, or let to bail, iii. 426.
And tried the term, &c. after, or discharged, iii. 426.
Persons in custody for debts, &c., iii. 426. Persons in custody in one prison, how re- movable to another, iii. 427.
Habeas obtainable out of what courts, iii. 427. Penalty for denying the writ, iii. 427. Counties palatine and privileged places, iii.
No subjects shall be sent to foreign prisons, iii. 427.
Persons receiving earnest upon contracts to be transported, excepted, iii. 428. Persons convicted of felony, and praying transportation, excepted, iii. 428. Offenders may be sent to be tried where offences were committed, iii. 428. Prosecutions for offences, within what time, iii. 428.
After assizes proclaimed, no prisoner to be removed, but before judge of assize, iii.
General issue, &c., iii. 428.
Persons committed as accessaries before the fact to petty treason or felony shall not be removed or bailed otherwise than be- fore this act made, iii. 429.
The 56 Geo. 3, c. 100, iii. 429. Judges to issue, in vacation, writs of habeas
returnable immediately, in cases other than for criminal matters or for debt, iii. 429. Non-obedience to such writ, contempt of court, iii. 429.
Judges to make writs of habeas issued in vacation returnable in court in next term, iii. 430.
Courts to make writs issued in term return- able in vacation, iii. 430.
Process of contempt may be awarded in va- cation against persons disobeying writs of habeas in cases within 31 Car. 2, c. 2, iii. 430.
The Writ, when granted, how obtained, and Proceedings on.
When granted, iii. 430.
How obtained, its form, &c., iii. 432. Service of writ, and proceedings, iii. 433. What to be done by gaoler, &c., iii. 433. Service on gaoler, iii. 433.
HABEAS CORPUS-continued.
I. Habeas Corpus ad Subjiciendum-continued. Service abroad, iii. 433.
The return, iii. 433.
Insufficient return, iii. 434. Neglect to return, iii. 434. Impeaching truth of return, iii. 434. False return, iii. 434. Amendment of return, iii. 434. Filing return, &c., iii. 434. Moving to discharge, iii. 434. Remanding accused, iii. 434.
Bail by justices of gaol delivery, iii. 435. Bailing by magistrates in country, iii. 435. Recognizance, &c., iii. 435.
Description of, in proceedings, iii. 437. Proviso as to stage coaches, iii. 437. Horses drawing, not subject to duties imposed by 4 Geo. 4, c. 62, on horses let for hire, iii. 437.
Not to be kept without licenses, nor without plates, iii. 437.
Licenses to be granted by commissioners of stamps or their officers, iii. 438.
Plate to be delivered to applicant, iii. 438. To whom commissioners may refuse license, iii. 438.
After 5th Jan. 1833, licenses to be granted without limitation, iii. 438.
Persons applying for licenses to sign a requisi- tion for same, iii. 438.
What to be specified in licenses, iii. 438. Notice to be given by proprietors of hackney carriages of change of abode, iii. 439. Names and places of abode of proprietors of hackney carriages, and numbers of plates, to be registered at Guildhall, iii. 439. Duties, how to be paid, iii. 439.
Mode of discontinuing licenses, iii. 439.
HACKNEY COACHES-continued.
Plates to be delivered up on the discontinuance or revocation of licenses, iii. 440. Carriages, horses, harness, &c., liable to du- ties and penalties, iii. 440.
May be distrained on, &c., iii. 440. Duties recoverable by distress, iii. 441. Distress to be kept five days, iii. 441.
May afterwards be sold, if duty, &c. not paid, iii. 441.
Breaking open outer doors, iii. 441.
Numbered plates to be placed upon, iii. 441. Concealing plates or preventing inspection thereof, iii. 442.
Commissioners may change plates, iii. 442. Where plate wilfully obliterated, new license to be taken out, iii. 442.
For using, &c. a hackney carriage without li- cense, or without plates, or for not delivering up recalled plates, penalty 107., iii. 442. Driver plying for hire without plates, iii. 443. Penalty on owner driving, iii. 443. Carriages having thereon plates provided un- der this act to be deemed hackney carriages, iii. 444.
Who deemed proprietor, iii. 444.
Forgery, &c. of Stamp Office plate, a misde- meanour, iii. 444.
Constable, &c. may seize plate, &c., iii. 444. Proprietors to be summoned to appear and produce drivers, iii. 444.
On neglect on second summons justices may proceed, iii. 444.
Penalties, if not paid by drivers, to be levied on proprietors, iii. 444.
Who entitled to recover from the drivers, iii. 445.
Justices to determine disputes between pro- prietors and drivers, iii. 445. Watermen to be licensed, iii. 445.
Penalty on their acting without license, iii. 445.
Badges to be worn by watermen, iii. 445. Particulars of licenses to be entered in books at Stamp Office, and such entries evidence, iii. 446.
Procuring license in fictitious name, a misde- meanour, iii. 446.
What distance drivers compellable to drive, iii. 446.
Hackney carriages standing in street deemed to be plying for hire, iii. 447. Penalty on driver refusing to go, iii. 447. Compensation to be made to drivers impro- perly summoned for refusing to carry a per- son, iii. 447.
Commitment, iii. 448.
Driver charging more than sum agreed for, although distance exceeded, penalty 40%., II. 448.
Demanding more than sum agreed for, though less than legal fare, penalty 40s., ïïi. 449. Number of persons to be carried in a hackney carriage to be painted thereon, iii. 449. For neglect, or for refusal to carry the num ber, penalty, 408., iii. 449.
Deposit to be made for carriages waiting, ii. 449.
On driver refusing to wait, or to account for deposit, penalty 40s., iii. 449. Proprietors to provide check-strings; drivers to hold same in hand, iii. 449. Property left in hackney carriages to be de- posited at Stamp Office, iii. 450. Property not claimed in a year to be delivered up to driver, if applied for; if not, to be sold, iii. 450.
Permitting persons to ride without consent of hirer, iii. 450.
Improperly standing or feeding horses in street, iii. 450.
Refusing to give way to or obstructing another
driver; or depriving him of fare, iii. 450. Carriages may stand two in breadth in Palace- yard, iii. 451.
Space of ten feet to be left after every four
hackney carriages on any standing, iii. 451. Court of aldermen may make orders for regu lating hackney carriages in London and Southwark, iii. 451.
Penalty on offending against such orders, III. 451.
Leaving carriages unattended at places of pub- lic resort, iii. 452.
Proprietors, drivers, or watermen misbehaving, iii. 452.
License may be revoked, iii. 452. Justices may award compensation to drivers or watermen for loss of time in attending complaints not substantiated, iii. 452. Commissioners to give notice of revocation of licenses, iii. 453.
Names and places of abode of owners of wag.
gons, &c. to be painted thereon, iii. 453. Using waggons, &c. upon which names and places of abode not painted, iii. 453. Waggon, &c. may be seized, iii. 453. May be sold, &c., iii. 454.
Duties and penalties, how recoverable, iïïi.
Before whom offences to be determined, iii. 454.
Mode of proceeding for penalties before justice of peace, iii. 454.
HACKNEY COACHES-continued. Limitation of proceedings, iii. 454. Proceedings conclusive, iii. 455.
No certiorari, &c., iii. 455.
How goods distrained under act to be sold, iii. 455.
Summonses, convictions, and warrants to be drawn up according to forms in schedule, iii. 455.
Justices may issue warrants or summonses against proprietors, drivers, and watermen, iii. 455.
Witnesses neglecting to attend or refusing to give evidence, iii. 455.
Service of justice's summons, iii. 455.
Constable refusing to serve a summons or exe- cute a warrant, iii. 456.
Justices may mitigate penalties, iii. 456. Costs, iii. 456.
Distribution of penalties, iii. 456. Costs, iii. 456.
Informants or complainants may be witnesses, iii. 456.
Limitation of action; venue, iii. 456. Notice of action; general issue, iii. 456. Tender of amends, iii. 456. Costs of action, iii. 456. Construction of act, iii. 457.
Duties granted by 50 Geo. 3, c. 41, on hawkers and pedlars, to be paid to commissioners of stamps, iii. 457.
Powers, &c. of 50 Geo. 3, c. 41, and of other acts relating to duties on hawkers, to be in force as if repeated in act, iii. 457. Commencement of act, &c., iii. 457. The 3 & 4 Will. 4, c. 48, iii. 458.
Act not to extend to steam carriages, iii. 458. The 6 & 7 Vict. c. 86, iii. 458.
Licenses in force until others are granted, iii. 458.
Meaning of certain words used in act, iii. 458. Certain provisions of 1 & 2 Will. 4, c. 22, ex- tended to this act, iii. 459.
Title and place of abode of peer painted on any carriage, &c. to be deemed a compliance with the provisions of the act, iii. 459. Appointment of registrar, deputy registrar, and other officers, iii. 459. Salaries, iii. 459.
Particulars to be painted on metropolitan stage carriages, iii. 459.
Registrar to grant licenses, iii. 460.
At time of granting license abstract of laws and a ticket to be given, iii. 460.
Stamp duty of five shillings on every license,
HACKNEY COACHES-continued. Persons applying for licenses to sign requisi- tion for same, iii. 461.
Notice to be given by drivers, conductors, and watermen of change of abode, iii. 462. Particulars of licenses to be entered in a book at the registrar's office, iii. 462. Tickets to be worn by drivers, iii. 462. Licenses and tickets to be delivered up on dis- continuance of licenses, iii. 462.
New tickets to be delivered instead of those defaced or lost, iii. 463.
Forgery of, or knowingly uttering, a forged li- cense or ticket, a misdemeanour, iii. 463. Proprietor to retain licenses of drivers or con- ductors employed by him, and produce them in case of complaint, iii. 463. Magistrates to hear and determine disputes, iii. 464.
Agreements between drivers, &c. and pro- prietors to be in writing, &c., iii. 464. Proceedings with respect to licenses on quitting service, iii. 464.
Licenses may be revoked or suspended, iii.
Plates may be seized where the license is dis- continued or revoked, or where same are used without license, iii. 465.
Penalty for obstructing officer, 57., iii. 465. Licenses may be revoked, when, iii. 465. No person to act as driver without the consent of the proprietor, iii. 465.
Punishment for furious driving, and wilful mis- behaviour, iii. 466.
Standings for hackney carriages to be ap- pointed, iii. 466.
Standings to be in the centre of streets, iii. 467. Hackney carriages not to ply opposite General Post Office, iii. 467.
Lord mayor and aldermen to make regula- tions with respect to carriages, &c. in the city and the borough, iii. 467.
Penalty on drivers or conductors for loitering or causing obstruction, or plying for hire by making any noise, &c., iii. 467. Property left in stage carriages, iii. 467. Proprietors may be summoned to appear, and
produce the driver or conductor, iii. 468. In case of proprietors failing, iii. 468. Magistrates empowered to hear and determine complaints, iii. 468.
Evidence of complainant to be taken, iii. 469. Complaints to be made within seven days, iii. 469.
Penalties may be awarded to be paid by in- stalments, iii. 469.
In case of non-payment the party may be im- prisoned, iii. 469.
In what manner goods distrained under this act shall be sold, iii. 469.
Service of summonses and other notices, iii. 470.
Penalty on witnesses refusing to attend or to give evidence, iii. 470.
Certain proceedings to be drawn up according to the forms in the schedule, iii. 470.
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