annex in Writing to such Licence, or the Requisition therefore, the Grounds for such Refusal or Revocation: Provided also, that a Licence shall not on any account be granted to any Person under the Age of Eighteen Years, otherwise than jointly with some Person of full Age who shall be appointed to act as Trustee, Executor, Guardian, or Administrator of the Will or Personal Estate of a Proprietor dying while licensed, and in any such Case the Trustee, Executor, Guardian, or Administrator named in the Licence shall, during the Minority of any Person or Persons named in such Licence with him, be accountable in all respects as if Proprietor of such Carriage, Cabriolet, Cart, or Horse: Provided also, that there shall be obtained a separate and distinct Licence for using or letting to Hire every Hackney Carriage, Job Carriage, Stage Carriage, Cabriolet, Job Horse, and Cart; but no Licence so obtained shall authorize the Use of any such Carriage, Cabriolet, or Cart in any Manner contrary to the Import of the Licence appertaining to such Carriage, Cabriolet, or Cart, within the Meaning of this Act: Provided also, that in every Case in which a Licence is to be obtained the proper Duty in respect of the Carriage, Cabriolet, Cart, or Horse to be described therein shall be first paid as herein required, and shall be paid in every Year thenceforward while in force, according to the General Regulations which the said Commissioners shall require to be observed, and which they are by this Act empowered to make for the Purpose, and to prescribe in each Licence. III. Every Licence to be issued under this Act shall be Licences to be deemed to be an Authority only to the Person or Persons named an Authority only to Persons therein; but on the Transfer, by Sale or otherwise, of the named therein. Property or Ownership in any Carriage (other than a Hackney Carriage), or in any Cabriolet, Job Horse, or Cart, for which a Licence shall be granted, or on the Admission of any Person as a Partner in the Ownership of any such Carriage, Horse, or Cart, it shall be lawful for the said Commissioners or their authorized Officer as aforesaid to grant, in lieu of such Licence, to any Person or Persons who shall be named in any Requisition to be addressed to them for the Purpose, a Licence to the like Effect; and on the Transfer, by Sale, Assignment, Bequest of, or Change of Property in any Manner whatsoever in any Hackney Carriage, or upon the Admission of any Person to a Share in the Ownership thereof, a Requisition for a Licence, according to the Nature of the Case, shall be first sent to the said Commissioners, and if they shall consider the Person so proposed or named as Purchaser, Assignee, Legatee, or Partner to be a fit Person to be licensed as a Proprietor of a Hackney Carriage, having regard to the Limitations herein made for the Purpose of preventing improper Persons from obtaining Licences, it shall then, but not otherwise, be lawful to grant, in lieu of the Licence for such Carriage or Cabriolet then in force, a Licence to the Person named in the said Requisition; and for every such Licence S 4 Supplementary Licences may be granted in certain Cases. 17 & 18 VICT Licence so granted upon the Sale or Assignment, Bequest of, or Change in the Property of any licensed Hackney Carriage, or upon the Admission of any Person to a Share in the Ownership thereof, the proper Fee or Sums appropriated thereto shall be first paid as herein-after required; and in every such Case as aforesaid, in which the annual Duty according to any such Licence shall have been paid for the Year or Period then present, the new Licence shall be granted without Payment of any further Duty for such Year or Period: Provided also, that in all Cases it shall be sufficient in any Proceedings under this Act to name the Proprietor or Proprietors actually licensed at the Time, and on Proof thereof such Proceedings shall extend to and include every Person concerned in the Ownership of any Carriage, Cabriolet, Cart, or Horse in the Use, hiring, or plying of which any Offence or Injury shall be committed; and it shall and may be lawful to and for any of the Divisional Justices of the Police District of Dublin Metropolis, upon Complaint made to him in that Behalf, to inquire into all and every Matter and Thing respecting the Misconduct of any Proprietor, Part Proprietor, Driver, Conductor, or other Person belonging to or in any Manner connected with any such licensed Carriage, Cabriolet, Cart, or Job Horse, and to correct the same as he shall think proper, whether or not a Remedy may have been provided against such Misconduct by the said Act, or by the Rules, Orders, Regulations, or Byelaws made pursuant thereto. 1 IV. Whenever any of the Particulars entered or endorsed upon any Licence in force, under the Provisions of this Act or the before-recited Act, shall be obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any such Licence shall be proved to the Satisfaction of the said Commissioners to have been lost or mislaid, the Person to whom such Licence shall have been granted shall (if he shall have the same in his Possession or Power) deliver up such Licence, and shall make and sign a Requisition for a Supplementary Licence as herein provided, and then and in such Case it shall be lawful for the said Commissioners, or their authorized Officer as aforesaid, to grant to such Person a Supplementary Licence in lieu of the Licence so obliterated, defaced, lost, or mislaid, on Payment of the Sum of Two Shillings and Sixpence for and in respect of such Supplementary Licence where the same shall be required by the Proprietor of any licensed Carriage, Cart, or Job Horse, and on Payment of the Sum of One Shilling where such Supplementary Licence shall be required by the Conductor of any licensed Stage Carriage, or the Driver of any licensed Carriage whatsoever, and in like Manner a Supplementary Licence shall be taken out from Time to Time as often as Such Suppleany of the several Cases aforesaid shall occur: Provided always, mentary Licen- that whenever any such Supplementary Licence shall be granted ces to be then in lieu of any pre-existing Licence, such pre-existing Licence shall shall thenceforth cease and determine, and such Supplementary the only LiLicence shall be deemed to be the only Licence in force, and it cences in force. shall not be necessary upon any Occasion to prove that such pre-existing Licence had been previously taken out, nor shall the Circumstances under which such Supplementary Licence was issued be required to be proved, nor the Regularity of the issuing thereof in any Manner questioned: Provided also, Commissioners that it shall be lawful for the said Commissioners to refuse may refuse to to grant any such Supplementary Licence if it shall appear Cases of wilful to the said Commissioners that the Particulars entered or Damage. endorsed on any Licence so to be delivered up as aforesaid shall have been wilfully obliterated or rendered illegible by any other Means than by regular and proper Use and Wear thereof. grant such in V. From and after the First Day of August One thousand Hackney Careight hundred and fifty-four, all Licences theretofore granted by riage Licences the said Commissioners to ply or let to Hire any Hackney 16 & 17 Vict. granted under Carriage, under the Provisions of the said Act, shall cease and c. 112. null determine, and be utterly null and void, and shall be delivered and void. up to the said Commissioners, together with the Dublin Plate appertaining thereto : Provided always, that every Person who shall on the said First Day of August One thousand eight hundred and fifty-four be possessed of any such Licence as last aforesaid, and who shall, at any Time within One Calendar Month thereafter, apply for a Licence in lieu of such former Licence, and shall have paid all Fines and Forfeitures which may have been incurred by him in respect thereof, shall be prima facie entitled to a Licence to ply or let for Hire a Cabriolet under the Provisions of this Act; and in consideration of the Duty theretofore paid on procuring such former Licence it shall be lawful to make a Deduction from the Amount of Duty payable under this Act for and in respect of the Cabriolet Licence so to be granted, equal to the Amount of Duty previously paid in respect of the former Licence so surrendered and delivered up. cences to be granted. VI. The number of Licences (subject, however, to the Con- Limitation as to ditions herein-after mentioned and expressed respecting such Number of LiLicences,) so as aforesaid to be granted by the said Commissioners or their authorized Officer to Proprietors of Hackney Carriages which shall be in force at any One and the same Time shall not at any Time exceed the Number of Licences in force on the First Day of January One thousand eight hundred and fifty-four: Provided, nevertheless, that when and so often as any Person, duly qualified to be licensed as a Proprietor of a Hackney Carriage, shall consent to pay to the Officer duly appointed to issue Licences under the said Act, for and in respect of a Licence for a Hackney Carriage, a Premium of Twelve Pounds Ten Shillings, it shall and may be lawful to and for the said Commissioners or their authorized Officer, then, but not otherwise, to grant to such Person a Licence to keep, ply, use, or let Licence Duties to be paid as in let to Hire within the Limits of the said Act a Hackney Carriage, such Licence to be subject in all respects thereafter to the Provisions of the said Act and of this Act. VII. From and after the First Day of August One thousand Schedule (B.) eight hundred and fifty-four, there shall be paid, in each and every Year, to the Officer duly appointed to issue Licences under the said Act, for and in respect of every Licence to be granted under this Act, for every Job Carriage, Stage Carriage, Hackney Carriage, Cabriolet, Cart, and Job Horse mentioned and described in the Schedule (B.) to this Act annexed, and which shall be deemed a Part of the same, the several annual Duties or Sums of Money set down in Figures against the same respectively; and for and in respect of every Licence so granted upon the Sale or Assignment, Bequest of, or Change in the Property of any licensed Hackney Carriage or Cabriolet, or upon the Admission of any Person to a Share in the Ownership thereof, there shall be paid to the aforesaid Officer the Fee or Sum appropriated and described in the said Schedule (B.), save where such Licence shall be granted to the Widow or Children of a Proprietor dying while licensed. Duties may be altered or Consent of tenant. VIII. It shall and may be lawful for the said Commissioners, abolished, with if they shall think proper, from Time to Time, in each and every Year, to alter and diminish, or to annul and abolish all or any of the several Duties, Sum or Sums of Money specified in the said Schedule (B.), or which shall hereafter under this Act be charged for and upon the respective Stage Carriages, Job Carriages, Hackney Carriages, and Cabriolets, Job Horses, and Carts, as described in the said Schedule, but so as that in case of any Alteration thereof, whether the same be by Diminution or wholly annulling the same, or whether the same shall affect all or any One or more of the same, such Alteration shall be approved of by the Chief or Under Secretary to the Lord Lieutenant of Ireland, and that wherever any of the said Duties shall be altered a Schedule of the new Duties shall, immediately after such Alteration shall have been approved of as aforesaid, be published once in the Dublin Gazette, and Three Times in any of the Newspapers published in Dublin within Seven Days next after the Publication of the Schedule last mentioned in the Dublin Gazette; and the said last-mentioned Schedule, after the Expiration of such Period of Seven Days, shall be deemed and taken to be a Part of this Act, in lieu of so much of the Schedule (B.) hereunto annexed, as often as any Duties shall be altered in the Manner herein provided. Execution shall not be stayed unless the IX. No Appeal shall stay or prevent the Execution of any Warrant or Process on any Conviction, unless the Party conParty convicted victed shall before the convicting Justice or Justices enter into shall give Secu- a Recognizance, with Two sufficient Sureties, in a Sum equal to rity by Recog- double the Amount of the Penalty or Penalties in which the said Party shall have been convicted, and of the Costs awarded, Appeal. if any, which Recognizance shall be conditioned that the Party nizance to prosecute so appealing shall personally appear at the proper General Quarter Sessions, and abide the Judgment of the Court thereupon, and pay such Costs, if any, as shall be by the Court awarded, which Recognizance such Justice or Justices is and are hereby authorized to require and take of the Party convicted entering into such Recognizance; and the Justice who shall take such Recognizances is also hereby required to bind the Person who shall make the Charge on which such Judgment shall have been given in a Recognizance conditioned that he shall appear at such General or Quarter Sessions aforesaid, then and there to give Evidence against the Person so charged, and to in like Manner bind any other Person who shall have any Knowledge of the Circumstances of such Offence: Provided always, that in case such Appeal shall be dismissed, and such Conviction affirmed, the reasonable Expenses of all such Witnesses attending as aforesaid, to be ascertained by the Court, shall be paid by the Appellant or Appellants; and the Recognizance or Recognizances so entered into as aforesaid shall be estreated, unless such Expenses are so paid by such Appellant or Appellants; and it shall not be necessary at the Hearing of such Appeal to return or produce to the Court of Quarter Sessions any Record of the Conviction of the Defendant or Appellant before any Divisional Justice, but it shall be deemed sufficient for the Clerk of the convicting Justice to attend at such Court of Quarter Sessions, and produce the Book containing the Entry of such Conviction, and such Clerk shall enter in such Book the Judgment of the said Court of Quarter Sessions in reference to such Appeal, and thereupon such Judgment shall be held to be final and conclusive between the Parties to such Appeal. of certain X. That the Words and Expressions herein-after mentioned Interpretation shall in this and the said Act and the Schedules thereto annexed, Words in this (except where the Nature of the Provisions or the Context of Act. the Act shall exclude such Construction,) be interpreted as follows; that is to say, the Words "Hackney Carriage" shall include every Carriage constructed with less than Four Wheels used for Passengers (except a Stage Carriage, or any Carriage known as Hansom's Patent Safety Cab), which shall be used for the Purpose of standing or plying for Hire in any Street or Road or any Place within the Limits of the said Act; the Word "Cabriolet" shall include every Carriage known as Hansom's Patent Safety Cab, and every Carriage constructed with Four Wheels used for Passengers (except a Stage Carriage, or a Carriage drawn or impelled by the Power of Steam,) which shall be used for the Purpose of standing or plying for Hire any Street or Road or other Place within the Limits of said Act. in XI. The said recited Act of the Sixteenth and Seventeenth Act of Years of the Reign of Her present Majesty and this Act shall 16 & 17 Vict. be construed together as One Act, and all and every the Enact- and this Act to ments c. 112. |