No. III. c. 95. aforesaid, granted by the said Act of the fifty-fifth year of the reign of his said late Majesty and the schedules thereto, and the said duties hereby 3 Geo. IV. granted, so far as the said Acts of Parliament, or any of them, shall not be repealed or be superseded by, and shall be consistent with the express provisions of this Act, as fully and effectually to all intents and purposes as if the same had been herein repeated and specially enacted with reference to the said duties granted by the said Act of the fifty-fifth year of the reign of his said late Majesty, and the said schedule thereto, and also to the duties hereby granted. [No. IV.] 7 George IV. c. 33.-An Act to make further Regulations relating to the Licensing of Stage Coaches.(5th May 1826.] WHEREAS it is expedient to repeal certain parts of an Act passed in the twenty-fifth year of the reign of his late Majesty King George the Third,intituled An Act for repealing the Duties on Licences taken out by Persons letting Horses for the Purposes of Travelling Post, and on Horses let to Hire for travelling Post and by Time, and on Stage Coaches, and for granting other Duties in lieu thereof; and also additional Duties on Horses let to Hire for travelling Post and by Time; and also to limit the number of passengers allowed to be carried for hire in any carriage or vehicle drawn by one horse, and to make further provision respecting the plates directed to be placed upon carriages or vehicles used for the purpose of conveying passengers for hire, and to provide for the better protection and recovery of the duties payable in respect of such carriages or vehicles: Be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act, so much of the said recited Act as enacts, that all and every person or persons licensed to let out for hire any coach, diligence, or other carriage, shall give security by bond to his Majesty, his heirs and successors, in the sum of twenty pounds, or in treble the sum to which the journeys inserted in such licences for one month would amount unto; and also so much of the said Act as enacts that no person or persons licensed as thereby directed, shall, by virtue of one licence, keep more than one coach, diligence, or other carriage, shall be and the same is hereby repealed. II. And be it further enacted, That from and after the passing of this Act it shall not be lawful for any person or persons licensed to keep, use, employ, and let out any carriage or vehicle for the purpose of conveying passengers for hire at separate fares, having four wheels, and to be drawn by one horse or mule only, to carry or convey therein or thereby more than six passengers, or having two wheels, and to be drawn by one horse or mule only, to carry or convey therein or thereby more than four passengers. III. And be it further enacted, That when any person or persons to whom any licence to keep, use, employ, and let out any carriage or vehicle for the purpose of conveying passengers for hire shall have been granted, shall, at the time of paying his, her, or their monthly account of duties, be desirous of giving up such licence, or of altering or varying the journey or number of journeys mentioned in the first licence, or the mode of performing such journey or journeys, he, she, or they may give notice in writing to that effect at the office or place at which his, her, or their licence was granted, or to the person authorized to receive such duties, the terms of which notice shall be indorsed upon the back of such his, her, or their licence; and when such licence shall be given up, and the plate or plates mentioned in such licence re-delivered to the commissioners of stamps, or to any person authorized to receive the same, and the use, employment, or letting out for hire of such carriage or vehicle as aforesaid be discontinued, such person or persons shall not be charged or chargeable with the duties payable in respect of such carriage or vehicle subsequently to the No. IV. 7 Geo. IV. c. 33. 25 G. 3. c. 51. So much of recited Act as directs that Persons letting Coaches to Hire, shall give bond, and that one Licence shall apply to one Coach only, repealed. Number of Limiting the Passengers to be carried for Hire in Vehicles drawn by One Horse. Mode of Proceeding on giving up or altering Licences. No. IV. 7 Geo. IV. c. 33. Not less than a Month's Duty to be paid on any Licence. Plates to be furnished gratis. 3 G. 4. c. 95. Separate every Plate or Where Plates to be fixed. Commission ers may re quire illegible Plates to be given up for new ones. expiration of such notice; and when the number of journeys mentioned in such licence, or indorsed thereupon, shall have been altered or varied, such person or persons shall, at the expiration of such notice, be charged and chargeable with the duties payable in respect of the journeys thereafter to be performed by such carriage or vehicle: Provided always, that no licence shall cease under or by virtue of any notice to be given at a less period than one month after the first using, employing, or letting out to hire any carriage or vehicle under the said licence, but that duty in respect of such carriage or vehicle shall at least be paid for one month after the first using, employing, or letting out to hire the same, according to the number of miles, as expressed in the said licence, to be travelled by such coach or vehicle in the course of any one week of the said month, in the same manner as if the said carriage or vehicle had been used, employed, and let out to hire for the whole period of one month; and the amount of duties for that month shall, if necessary, be claimed and described as a debt due to his Majesty, his heirs and successors, and shall and may be sued for and recovered accordingly. IV. And be it further enacted, That from and after the passing of this Act the commissioners of stamps are hereby directed and required to deliver gratis to the person or persons taking out a licence for the first time, the plate or plates required by an Act passed in the third year of the reign of his present Majesty, intituled An Act to reduce the Rate of Duties payable in respect of certain Carriages used and employed for the Purpose of conveying Passengers for Hire, and to make Regulations and Provisions relating to Stage Coaches, and the Duties thereon, to be placed upon the coach or vehicle mentioned in such licence; and also to deliver gratis to the person or persons taking out any fresh licence, upon the alteration of the name or names of the person or persons mentioned in the former licence, or of the description of the journey or journeys to be performed by the coach or vehicle therein mentioned, or upon the alteration of the number of such plate or plates, by reason of the former number having become illegible, or of one or both plates having been broken or lost, or upon any other occasion which may require a new plate or plates. V. And be it further enacted, That from and after the passing of this Act it shall not be lawful for any person or persons licensed to keep, use, employ, or let out any carriage or vehicle for the purpose of conveying passengers for hire as aforesaid, to use more than one plate or one pair of plates by virtue of one licence, but that for every plate or pair of plates there shall be a separate and distinct licence. VI. And be it further enacted, That from and after the thirty-first day of July next after the passing of this Act, the plate or plates required by the said Act of the third year of his present Majesty to be fixed and placed upon the door or doors of any carriage or vehicle, shall be placed on the centre of the pannel or pannels of such door or doors, or upon each of the fore quarters of such carriage or vehicle, at the lower angle of such fore quarter, adjoining such doors respectively; or if there be no door to such carriage or vehicle, then, if the same shall be drawn by two or more horses, upon one of the pannels of each side of such carriage or vehicle, or if the carriage or vehicle shall be drawn by one horse only, then upon the centre of the hind part or pannel of such carriage or vehicle, or if there be no door to such carriage or vehicle, then upon some conspicuous part of such carriage or vehicle; or if the said commissioners of stamps, or any person authorized by them to collect the stage coach duties, or any of their inspectors or other officers, shall be dissatisfied with the position of the plate or plates, and shall direct the same to be placed on some other conspicuous part of such carriage or vehicle, then such plate or plates shall be fixed and placed upon such part of such carriage or vehicle, according to such direction. VII. And be it further enacted, That when any of the numbers marked on any plate or plates shall, in the opinion of the said commissioners of stamps, or of any person authorized by them to receive the stage coach duties, or of any of their inspectors or officers, have become illegible, it shall be lawful for the said commissioners or other person authorized as Class XXXIV.] Stage Coaches. aforesaid, or any inspector or officer as aforesaid, and they are hereby required, to give notice to the person or persons to whom the licence relating to the said plate or plates shall have been granted, that the number upon such plate or plates is illegible, and the person or persons to whom such licence shall have been granted is and are hereby required, within three days after such notice shall have been given, to deliver up to the said commissioners of stamps, or to the proper officer duly authorized to grant licences, such illegible plate or plates, and apply for a fresh licence, and a new plate or new plates. No. IV. 7 Geo. IV. c. 33. Duties to be Licences, un、 VIII. And be it further enacted, That in all actions, bills, plaints, informations, or proceedings to be commenced, prosecuted, entered, or filed in any of his Majesty's courts of Great Britain, or before any justice of the peace or other magistrate whatsoever, in Great Britain, against any of person or persons, for the recovery of any duty payable in respect of any carriage or vehicle kept, used, employed, and let out for the purpose conveying passengers for hire, the amount of duty, calculated according is not due. to the journey or number of journeys mentioned in the licence or licences relating to such carriage or vehicle, shall be deemed and taken to be the amount of duty due and payable in respect of such carriage or vehicle, unless such person or persons shall show that the amount of the said duty, or some part thereof, hath not become due and payable. IX. And be it further enacted, That if any person shall forge, counterfeit, or resemble, or cause or procure to be forged, counterfeited, or resembled, any plate or any part of any plate, which shall have been provided or used in pursuance of this Act or any other Act, or shall wilfully fix or place, or cause, permit, or suffer to be fixed or placed, to or upon the door, or one of the doors, or upon any other part of any carriage or vehicle kept, used, employed, or let out for the purpose of conveying passengers for hire, any forged or counterfeited plate, or part of any plate, every such person shall for every such offence forfeit the sum of one hundred pounds. X. And be it further enacted, That if any person or persons to whom any licence to keep, use, employ, and let out any carriage or vehicle for the purpose of conveying passengers for hire shall be granted, shall, before using, employing, or letting out for hire any such carriage or vehicle, neglect to fix or place, or to cause to be fixed or placed, upon the said carriage or vehicle, in manner herein directed, the plate or plates directed to be fixed and placed thereon; or if such person or persons, after having received notice in manner herein-before mentioned, that the numbers on the plate or plates are illegible, shall not, within three days after such notice shall have been given, deliver up such illegible plate or plates, and apply for a fresh licence and a new plate or plates, as herein-before directed, and fix or place the same upon the carriage or vehicle in manner herein directed, every such person or persons so offending shall for every such offence forfeit and pay the sum of twenty pounds. Penalty for forging or using forged Plates. Penalty for Plates. Penalty for carrying more scribed Numthan the preber of Passen XI. And be it further enacted, That if any person or persons licensed to keep, use, employ, and let out for hire as aforesaid, any carriage or vehicle having four wheels and drawn by one horse or mule only, shall carry or convey therein or thereby more than six passengers, or if any person or persons, licensed to keep, use, employ, and let out for hire any carriage or vehicle having two wheels and drawn by one horse or mule only, shall gers. carry or convey therein or thereby more than four passengers, every such person so offending shall for every such offence forfeit and pay the sum of twenty pounds. XII. And be it further enacted, That if any person or persons to whom any licence to keep, use, employ, and let out any carriage or vehicle for the purpose of conveying passengers for hire, shall, from and after the passing of this Act, permit or suffer such carriage or vehicle to perform a greater number of journeys than is allowed by such licence, or to be used for the performing any different journey or journeys, or a greater number of miles than is or are mentioned in such licence, or shal! fix or place upon such carriage or vehicle a plate or plates, having a number different from that mentioned in the licence in force at the time of using such VOL. VIII. * S Persons using Carriages contrary to Licence, to he deemed to be using them Licence, without a No. IV. 7 Geo. IV. c. 33. Penalty on Persons omitting any Journey in Ac count delivered under 25 G. 3. c. 51. Penalty on Drivers concealing Plates. In certain carriage or vehicle, such person or persons shall be deemed and taken to be a person or persons keeping, using, employing, and letting out a carriage or vehicle for the purpose of conveying passengers for hire, without having first duly obtained a licence within the true intent and meaning of the said recited Act of the twenty-fifth year of his late Majesty. XIII. And be it further enacted, That if any person or persons duly licensed to use, employ, and let out any carriage or vehicle for the purpose of conveying passengers for hire as aforesaid, shall, in any account to be delivered by him, her, or them to the said commissioners of stamps, or such officer as they shall appoint in that behalf, under or by virtue of the said Act of the twenty-fifth year of his late Majesty, of the number of journeys actually made in a day by such carriage or vehicle, where the same shall differ from the number expressed in the licence, shall neglect or omit to insert therein any journey actually made by such carriage or vehicle, every such person or persons shall for every such journey so omitted forfeit and pay the sum of five pounds. XIV. And be it further enacted, That if any driver or other person having the care of any carriage or vehicle kept, used, or employed for the purpose of conveying passengers for hire as aforesaid, shall suffer the plate or plates fixed and placed thereon as hereby directed, to be concealed from public view by any coat, cloak, cloth, or other thing placed over it, such driver or other person having the care of such carriage or vehicle shall forfeit and pay the sum of five pounds; and in case such driver or other person having the care of such carriage or other vehicle shall not be to be liable to known, or being known cannot be found, then and in every such case the Penalty. owner or owners, proprietor or proprietors of such carriage or vehicle, shall be liable to such last-mentioned fine or penalty, in the same manner as if he or they had been driving or taking care of such carriage or vehicle at the time that such offence was committed. Cases, Owners For Recovery of Duties where not ex-. ceeding 50%. the XV. And be it further enacted, That from and after the passing of this Act, if any person or persons liable to account for and pay any duty or duties granted by any Act or Acts, for or in respect of any carriage or vehicle kept, used, or employed for the purpose of conveying passengers for hire as aforesaid, shall refuse or neglect to account for and pay same according to the directions of the said Acts, to the officer appointed by the said commissioners of stamps to receive such duties, where such duty or duties shall not exceed the sum of fifty pounds, it shall be lawful for any constable, tithingman, or other peace officer of the county, riding, division, city, town, or place where such carriage shall be kept, used, or employed for the purpose of conveying passengers for hire as aforesaid, first obtaining a warrant for that purpose under the hand and seal or hands and seals of any one or more of his Majesty's justices acting in and for such county, riding, division, city, town, or place, (which justice or justices, on complaint made to him or them, shall summon the party complained of, and the witnesses on either side, and examine into the matter of fact, and shall grant such warrant on due proof being made of the sum due and owing for such duty or duties as aforesaid, by the voluntary confession of the party, or by the oath of one or more witness or witnesses), to distrain such person or persons by his, her, or their goods and chattels for the amount of such duty or duties, and the distress so to be taken to detain and keep for the space of five days, at the costs and charges of such person or persons; and if he, she, or they shall not within that time pay the amount of such duty or duties, with the costs and charges of taking and keeping such distress, then the goods and chattels so distrained shall be sold by such constable, tithingman, or other peace officer, who shall render the overplus (if any) of the money arising by the sale thereof, after deducting and retaining the amount of such duty or duties, and the costs and charges of taking, keeping, and selling such distress, to the person or persons so to be distrained as aforesaid; and for the purpose of taking such distress, it shall be lawful for such constable, tithingman, or other peace officer, when any refusal or resistance shall be made, to break open in the day-time any house or place where any goods or chattels of such persons or person shall be; and if no sufficient distress can be had or taken whereon to levy the said duties and charges, then such justice or justices shall commit such person or persons to the prison of such county, riding, division, city, town, or place, there to remain until such duties shall be fully paid and satisfied. XVI. And be it further enacted, That any pecuniary penalty imposed by this Act or the herein-before mentioned Acts, or either of them, which shall amount to the sum of ten pounds or more, shall or may be sued for in any of his Majesty's courts at Westminster, for any offence committed in England or Wales, or Berwick-upon-Tweed, and in his Majesty's Court of Exchequer in Scotland, for any offence committed in that part of Great Britain called Scotland, by action of debt, bill, plaint, or information, wherein no essoign, protection, privilege, wager of law, or more than one imparlance shall be allowed. XVII. And be it further enacted, That if any carriage or vehicle shall be found standing or plying for passengers to be conveyed for hire at separate fares as aforesaid, upon any public highway, not having fixed or placed thereon a plate or plates as directed by this or any other Act to be fixed or placed upon carriages or vehicles kept, used, employed, and let out for the purpose of conveying passengers for hire, the owner, driver, or person having the care of any such carriage or other vehicle shall forfeit and pay any sum not exceeding twenty pounds; and it shall and may be lawful to and for any constable or constables, or other person or persons whomsoever, to take and seize such carriage or other vehicle not having such plate or plates, with the horses or other cattle drawing the same, and lodge the same for safe custody at some public green-yard, or some livery stables, or other place of safety, until some one or more of his Majesty's justices of the peace for the county, riding, division, city, town, or place, in which such offence shall be committed, shall hear and determine the same, and the penalty or penalties to which the owner, driver, or other person having the care of such carriage or other vehicle shall be liable and adjudged to pay for such offence, with the expences of taking and keeping such earriage and cattle at such green-yard, stables, or other place, shall be fully paid or discharged; and if such penalty or penalties be not forthwith paid, the said carriage or vehicle, horses or other cattle, together with the harness used therewith, so taken and seized, shall be immediately sold by order under the hand or hands of the said justice or justices, and the surplus, if any, shall be rendered to such owner, driver, or other person; any thing in this Act to the contrary thereof in anywise notwithstanding. No. IV. 7 Geo. IV. c. 33. Penalties amounting to 107. may be sued for by Action of Debt, &c. Penalty on Persons plying for Hire with Carriages not having Plates. Justices may determine Offences where Penalty does not exceed 201. XVIII. Provided always, and it is hereby enacted, That it shall and may be lawful to and for any justice of the peace of any county, riding, division, city, town, or place, where the offence shall be committed, to hear and determine any offence against this Act or the herein-before mentioned Acts or any of them, which subjects the offender to any pecuniary penalty not exceeding twenty pounds, which said justice of the peace is hereby authorized and required, upon any information exhibited, or conplaint made in that behalf, to summon the party accused, and also the witnesses on either side, and 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 or sentence for the penalty or forfeiture, and to award and issue out his warrant under his hand and seal for the levying any pecuniary penalties or forfeitures so adjudged on the goods of the offender, and to cause sale to be made thereof in case they shall not be redeemed within five days, rendering to the party the overplus (if any); and where the goods of such offender cannot be found sufficient to answer the penalty, to commit such offender to prison, there to remain for the space of six months, unless such pecuniary penalty shall be sooner paid and satisfied: And if any person or persons Appeal. shall find himself or themselves aggrieved by the judgment of any such justice, then he, she, or they shall and may (upon giving security to the amount of the value of such penalty and forfeiture, together with such costs as shall be awarded in case such judgment shall be affirmed,) appeal to |