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always excepted) every such coachman or person as aforesaid so offending, shall, for every such offence, forfeit and pay any sum not exceeding ten pounds nor less than five pounds, to be levied and applied in the same manner as the other penalties imposed by this Act.

No. I.

50 Geo. III.

c. 48.

XVI. And be it further enacted, That in all cases where any penalties and forfeitures incurred for any offence committed against this Act, shall Penalty. and may be recoverable before one or more justices of the peace, or before Penalties how

any other magistrate above mentioned, every such justice or other magis- recovered. trate above mentioned, is hereby required to administer an oath, and upon proof of any such offence, shall give judgment or sentence for the forfeiture or penalty incurred, and for the reasonable costs and charges of the prosecution; and if the same shall not be paid, shall commit the person or persons so convicted to the common gaol or house of correction for the said county, shire, borough, town corporate or place for any time not exceeding three months nor less than one month, at the discretion of the said justice or other magistrate above mentioned, unless such person or persons shall enter into such recognizance with such surety before such justices or justice, or other magistrate as herein before mentioned.

XVII. And be it further enacted, That if any such justice, or other ma- Mitigation. gistrate above mentioned, before whom any person shall have been convicted for any offence against the provisions of this Act, shall see cause to mitigate such penalty, every such justice or other magistrate above mentioned, may mitigate or lessen the same to any sum not exceeding one moiety of the penalty or forfeiture incurred, over and above all reasonable

costs and charges expended or incurred in the prosecution; and that one How applied, half either of the whole or of the moiety of such penalty, with the said costs and charges, shall be paid to the informer for his own behoof, or to be at his disposal for publick purposes, except in the special cases above provided for, and the other half shall be paid to the trustees of the roads where such offence is committed, who are hereby required in consideration thereof to direct their surveyors to watch over the due execution of this Act, in the several roads to the superintendance of which they are respectively appointed.

XVIII. And be it further enacted, That if any person going or travelling Guard firing, as a guard to any coach, mail coach, or other carriage above described, except for deshall fire off the arms he is entrusted with, either while such coach or other fence. carriage is going on the road or going through or standing in any town, otherwise than for the defence of such coach or other carriage, or the passenger or passengers therein, every such person shall, for every such offence,

forfeit and pay the sum of five pounds, to be recovered and applied in the Penalty. same manner as the other penalties imposed by this Act.

XIX. And be it further enacted, That in case any person or persons Where no specommitting any offence against the provisions of this Act, for which no cific penalties, specific penalties shall have been provided, he, she or they shall forfeit and justices may pay, at the discretion of one or more justices of the peace or of any other impose them, magistrate above mentioned, any sum not exceeding ten pounds, nor less than fifty shillings, upon being convicted thereof on the oath or oaths of one or more credible witness or witnesses, before any justice of the peace or other magistrate above mentioned, acting in and for the county, riding, city, town, division, or place where the offence shall have been committed, or by any other justice of the peace residing in any county, riding, city, town, division or place in which the offender shall then actually be present, upon full and satisfactory proof being exhibited before such justice of the peace or other magistrate above mentioned, on the oath of one or more credible witness or witnesses (which oath or oaths as well the justice of the peace or other magistrate above mentioned acting in and for the county, riding, city, town, division or place where the offence shall have been committed, as such justices and other magistrates above mentioned as shall be resident in the county, riding, city, town, division or place where the offender shall actually be present, are hereby authorised and required to administer); and in default of payment of the penalty which shall have been awarded on the conviction of such offender, he shall for every such offence be committed to the common gaol or house of correction of the

No. I.

county, riding, city, town, division or place where such offence shall have been committed, or of the county, riding, city, town, division or place 50 Geo. III. where he shall actually be present (as the case may be), there to remain,

c. 48.

Conniving at offences.

Penalty.

What carriages may carry additional number of passengers.

Limitation of actions.

Hackney

coach stages exempted.

without bail or mainprize, for any time not exceeding three calendar months, nor less than five days, at the discretion of the justice or justices by or before whom such offender shall be convicted.

XX. And be it further enacted, That if any person or persons shall receive any sum or sums of money for conniving at any offence prohibited by this Act, either for any single offence or for a number of such offences, or by stipulation or agreement by the day, the week, the year, or any other period of time, and shall be duly convicted thereof before one or more justices, or before any other magistrate above mentioned, he, she or they shall forfeit the sum of fifty pounds for each offence, and in default of the payment thereof, shall be committed to any house of correction for any period not exceeding three months nor less than one month.

XXI. And whereas it would materially contribute to the safety of passengers if a great part of the luggage usually conveyed by stage coaches were conveyed in a much lower position than is generally the case at present, and the same restrictions in regard to the number of outside passengers on such stage coaches would not be so requisite, provided no luggage was carried by them, except in the manner hereinafter mentioned; Be it therefore further enacted, That all stage coaches, (long-bodied coaches included), carrying no parcels or luggage whatsoever, excepting in the inside or in the front boot thereof or in a boot behind or under the body of such carriage; and where the top of such boot behind, when the coach is empty, is not more than six feet from the ground, having obtained a special licence for that purpose, and having the name of the owner or owners, and the number of outside and inside passengers thereby allowed painted or inscribed thereon, shall be permitted to carry two outside passengers more than the number of outside passengers hereby limited with respect to other coaches or carriages above described, without subjecting the drivers, owners or proprietors of such coaches or other carriages to any of the penalties, forfeitures, fines or punishments imposed or authorised to be imposed by this Act; any thing herein contained to the contrary notwithstanding.

XXII. And be it further enacted, That any prosecution for any offence committed against the provisions of this Act, shall be commenced within the space of fourteen days after the offence shall have been committed, and that there shall be but one recovery for the same offence, except where the owner or owners of stage coaches or other carriages above described, are required to paint their names or name or sign, and to preserve the same in a clear or legible state, in which case such prosecution may be commenced at any time, and any neglect in remedying the same for the space of one month shall be considered a new offence.

.

XXIII. And whereas a certain number of hackney coaches work by 'permission as stated stages, and which as well as other hackney coaches are licensed by and have been hitherto under the regulations and con'troul of the commissioners for licensing and regulating hackney coaches, 'the same stated stages being numbered to all intents and purposes hackney coaches, yet for the public convenience are exempted from the ordinary street work of hackney coaches, and permitted to be employed and 'driven certain prescribed routes at fixed hours between the metropolis ' and certain villages and places in its vicinity: And whereas the said stated hackney coach stages as well as the hackney coaches in general, and the owners and drivers thereof respectively, are in all respects under the regu'lation and controul of the said commissioners for licensing and regulating hackney coaches; and it is inexpedient and unnecessary that any of the 'provisions of this Act should be applied to such hackney coaches and hackney coach stages before mentioned;' Be it therefore further enacted, That nothing in this Act contained shall extend to, or be construed to extend to affect such hackney coaches or their owners or drivers respectively, as now are or hereafter may be licensed by the said commissioners for licensing and regulating hackney coaches, whether such coaches be so

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licensed to be used and driven in the ordinary and indiscriminate work of hackney coaches in general, in and about the streets and places within which such hackney coaches are by law compellable to go or be driven, or are or may be licensed expressly for the purpose of being employed and driven as hackney coach stages between the metropolis and certain villages and places in the vicinity thereof; any thing in this Act contained to the contrary thereof in anywise notwithstanding.

No. I.

50 Geo. III.

c. 48.

Forms of proceedings.

XXIV. And be it further enacted, That the forms of the proceedings relative to the several matters contained in this Act, which are set forth and expressed in the schedule hereunto annexed, may be used upon all occasions, and with such additions or variations as may be necessary, to adapt them to the particular circumstances of the case, or the place where the prosecution for the offence shall take place; and that no objection shall be Want of form. allowed to be made or advantage taken on account of want of form in any such proceedings; and that such conviction, unless appealed from within fourteen days in the manner hereinafter mentioned, shall be final and conclusive.

XXV. Provided always, and be it further enacted, That if any person Appeal. shall find him, her, or themselves aggrieved by any determination, judgment, sentence or conviction, which any justice or justices of the peace or other magistrate above mentioned shall have given or made in any of the cases hereinbefore mentioned, and shall enter into a recognizance before such justice or justices or other magistrate, with one sufficient surety, the condition whereof shall be, that such person or persons do and shall appear before the Court of the next quarter-sessions for the county or other place where such determination, judgment, sentence or conviction shall have been given or made, then and there to abide the final order, judgment and sentence of such court on the matters aforesaid, then, and in every such case, such person or persons shall be at liberty to appeal to the next general quarter sessions of the peace to be holden for the said county or other place, who upon hearing the said appeal, shall have full power finally to determine the same, and to award such costs to the appellant or to the pro- Costs. secutor or informer, as to such court shall seem fit to be awarded; and such last mentioned proceedings, final judgment and sentence, shall not be removable by writ of certiorari or otherwise into any other court.

Certiorari.

XXVI. And be it further enacted by the authority aforesaid, That this Publick Act. Act shall be deemed, adjudged and taken to be a Publick Act, and shall be judicially taken notice of as such by all judges, justices and other persons whomsoever, without specially pleading the same.

XXVII. And be it further enacted, That this Act may be altered, varied Act may be or repealed by any other Act or Acts of Parliament in this present session altered, &c. of Parliament.

The SCHEDULE to which this Act refers.

FORMS OF PROCEEDINGS mentioned in the foregoing Act.

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thousand eight hundred and

county, informeth me

one of his Majesty's justices of the peace
[here describe the offence particularly,

for the said county, that
and follow the words of the Act as near as may be] contrary to the statute
made in the fiftieth year of the reign of King George the Third, intituled,
An Act for [here insert the title of this Act] which hath imposed a forfeiture

of by me

for the said offence. Received the

day of

C. D.

No. I.

50 Geo. III. c. 48.

Summons for any Person or Persons to attend a Justice of the Peace or other Magistrate.

To A. B. of

WHEREAS complaint and information hath been made before me C.D. one of his Majesty's justices of the peace for the said [county, et cetera] That, et cetera [here state the nature and circumstances of the case, as far as it shall be necessary to show the offence and to bring it within the authority of the justice, and in doing that follow the words of the Act as near as may be] These are therefore to require you personally to appear before me, or such other of his Majesty's justices of the peace for the said [county, et cetera] on the day of next, at the hour of in the noon, to answer the said complaint and information; and further to do and receive what to the law shall appertain. Herein fail not. Given under my hand and seal this one thousand eight hundred and

day of

Form of Conviction.

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on the

day of

day of
in the year of
at in the county of

at

BE it remembered, That on the our Lord one thousand eight hundred and aforesaid, A. B. came before me C. D. one of his Majesty's justices of the peace for the said county, et cetera, and informed me, That, et cetera [here set forth the fact in the manner described by the Act] whereupon the said E. F. after being duly summoned to answer the said charge, appeared before in the said county; and having heard the charge contained in the said information, declared that he was not guilty of the said offence; but the same being fully proved on the oath of G. H. a credible witness, it manifestly appears to me the said justice, that he the said E. F. is guilty of the offence charged upon him in the said information; it is therefore considered and adjudged by me the said justice, that he the said E. F. be convicted, and I do hereby convict him of the offence aforesaid; and I do hereby declare and adjudge, that he the said E. F. hath forfeited the sum of of lawful money of Great Britain, for the offence aforesaid, to be distributed as the law directs, according to the form of the statute in that case made and provided. Given under my hand and seal, the thousand eight hundred and

day of

one

[After the words " being duly summoned to answer the said charge," insert [did not appear before me pursuant to the said summons] or [did neglect and refuse to make any defence against the said charge, but the same being fully proved, et cetera] as before: After the words "contained in the said information," insert [acknowledged and voluntarily confessed the same to be true, and it manifestly appears to me the said justice, et cetera] as above.]

[No. II.] 1 George IV. c. 4.-An Act for punishing criminally Drivers of Stage Coaches and Carriages for Accidents occasioned by their wilful Misconduct.-[6th June 1820.] WHEREAS by an Act passed in the fiftieth year of the reign of his late

Majesty, intituled, An Act to repeal three Acts, made in the twentyeighth, thirtieth, and forty-sixth Years of his present Majesty, for limiting the Number of Persons to be carried outside of Stage Coaches or other Carriages, and to enact other Regulations for carrying the Objects of the said Acts into Effect; divers regulations and penalties were established and imposed to carry into effect the useful and highly important purposes thereby intended: And whereas it is expedient to extend the provisions of the said Act, and to punish criminally coachmen, or persons having the care of stage coaches and other public carriages carrying passengers for hire, for accidents occasioned by their wilful misconduct, as hereinafter mentioned:

No. II.

1 Geo. IV.

c. 4.

Persons occasioning ac

May it therefore please your Majesty that it may be enacted; and be it 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 if any person whatever shall be maimed or otherwise injured by reason of the wanton and furious driving or racing, or by the wilful misconduct of any coachman or other person having the charge of any stage coach or public carriage, such wanton and furious driving or racing, or wilful misconduct of such coachman or other person, shall be and the same is hereby declared to be a misdemeanor, and punishable as such by fine and imprisonment: guilty of a Provided always, that nothing in this Act contained shall extend or be misdemeanor. construed to extend to hackney coaches, being drawn by two horses only, and not plying for hire as stage coaches.

[No. III. ] 3 George IV. c. 95.-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.-[30th July 1822.] WHEREAS it is expedient, in certain cases, to reduce the rate of duties

cidents by furious driv ing declared

No. III.

3 Geo. IV.

c. 95.

now payable in respect of certain carriages, and to regulate the rate of the said duties in respect of certain other carriages used or employed for the purpose of conveying passengers for hire, granted and imposed by an Act and schedule thereto made and passed in the fifty-fifth year of the reign of his late Majesty King George the Third, intituled An Act for 55 G. 3. c. 185. repealing the Stamp Office Duties on Advertisements, Almanacks, Newspapers, Gold and Silver Plate, Stage Coaches, and Licences for keeping Stage Coaches, now payable in Great Britain, and for granting new Duties in licu thereof; and it is also expedient to carry into effect the power given to the commissioners of stamps to require, that instead of the inscription mentioned in an Act made and passed in the fiftieth year of the reign of his said late Majesty, intituled An Act to repeal Three Acts, made in the Twenty-eighth, 50 G. 3. c. 48. Thirtieth, and Forty-sixth Years of His present Majesty, for limiting the Number of Persons to be carried on the Outside of Stage Coaches or other Carriages, and to enact other Regulations for carrying the Objects of the said Acts into effect, a plate made of brass or other metal should be fixed upon the side of every coach or carriage, as far as the said last-mentioned Act directs a distinct number to be put upon such plate; and it is also expedient that further provisions should be made for better securing and facilitating the recovery of the duties upon stage coaches and other carriages used for the purpose of conveying passengers for hire: 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 Coinmons, in this present Parliament assembled, and by the authority of the same, That from and after the first day of September one thousand eight hundred and twentytwo, the duties mentioned in the schedule annexed to the said Act of the fifty-fifth year of the reign of his said late Majesty, and thereby made payable upon stage coaches or other carriages with two or more wheels, which should be employed as public stage coaches or carriages for conveying passengers for hire to or to and from any place or places in Great Britain, as far as the same relates to carriages or vehicles drawn by one or two horses, and not being upon or having the aid or assistance of any spring or springs, or (if drawn by one horse) being upon or having the aid or assistance of any spring or springs, or it drawn by two or more horses, and such carriages or vehicles shall be made for the accommodation of one description of passengers only, not distinguishing between inside and outside passengers, and shall be upon or have the aid or assistance of any spring or springs, shall cease, determine, and be repealed; save and except as to so much and such part of the said duties as shall have become due or payable before or upon the said first day of September, and shall remain in arrear or unpaid afterwards.

VOL. VIII.

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Duties on cer

tain Stage Coaches

repealed.

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