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number of passengers, or measure or ascertain the height of the luggage. Driver refusing to stop, or to permit the collector to count the number of passengers, and ascertain the height of the luggage, P. 57. for every such refusal, and if more passengers shall have been carried on such coach, or the luggage exceeds the height allowed, then double the penalty imposed by this act for such offence. A. half to the toll-collector for his trouble; half to the passenger. Tollcollector neglecting or refusing to make such examination, P. 51. for each offence. If any person or persons shall endeavour to evade such examination, by descending previous to its reaching any turnpike-gate, P. 10l. Ibid. s. 14.

The coachman or person having the care of a coach, mailcoach, or other carriage, permitting or suffering any other person, without the consent of a proprietor, or against the consent of the passengers, to drive, or quitting the box without reasonable occasion, or for a longer space of time than such occasion may require, (although the reins be left in the hands of the passenger on the box,) or if by furiously driving, or by any negligence, or misconduct, he shall overturn the carriage, or in any manner endanger the persons, or property of the passengers, or the property of the owners, (unavoidable accidents excepted,) P. for every such offence (not exceeding) 10%. nor less than 5l. Ibid. s. 15.

Penalties against this act recoverable before one or more justices with costs, and if the same shall not be paid, commitment to the county gaol, or house of correction, for (notexceeding) three months, at the discretion of the justice, or entering into recognizances with sureties. Ibid. s. 16.

Justices may mitigate penalties, to any sum not exceeding one moiety above costs, and one half either of the whole of the moiety of the penalty with the costs, to be paid to the informer, (except in the special cases,) and the other half to be paid to the trustees of the roads. Ibid. s. 17.

Guard firing off his arms while the carriage is going on

the road, or going through or standing in a town, otherwise than for defence, P. 5l., to be recovered and applied above. Ibid. s. 18.

If a person is convicted of any offence against this act, for which no specific penalty is provided, he shall forfeit and pay, at the discretion of one or more justices, not exceeding 10l. nor less than 50s.; in default of payment, on conviction, commitment to the county gaol, or house of correction, without bail or mainprize, for (not exceeding) three calendar months nor less than five days, at the discretion of the justice. 1 J. 1 W. Ibid. s. 19.

Persons receiving money for conniving at any offence against this act, either for any one or more offences, or by stipulation or agreement, by the day, the week, the year, or any other period of time, P. 50l. for each offence; in default of payment, commitment to any house of correction, for (not exceeding) three nor less than one month. 1 J. 1 W. Ibid. s. 20.

All stage-coaches (long-bodied coaches included) carrying no parcels or luggage excepting in the inside, or in the front boot, or in a boot behind, or under the body, and where the top of the boot behind, when the coach is empty, is not more than six feet from the ground, having a special license for the purpose, and having the name of the owner or owners, and the number of the outside and inside passengers allowed, painted thereon, may carry two extra outside passengers. Ibid. s. 21.

Prosecutions to be commenced within fourteen days after the offence committed, (except where the owner is required to paint his name or sign, and keep the same in a legible state,) in which case the prosecution may be commenced at any time, and neglecting to remedy the same for one month constitutes a new offence. Ibid. s. 22.

Hackney-coaches employed as hackney stage-coaches, be

tween the metropolis and the villages in the vicinity, are exempted from the operations of this act. Ibid. s. 23.

Appeal to the next general quarter-sessions, on entering into recognizance with one surety at the next quarter-sessions, to appear and abide the judgment of the court. Ibid.

s. 25.

The forms of the proceedings under this act, are set forth in the schedule thereto. 50 G. 3. c. 48.

Penalty for using carriages with plates not fixed, or for not giving up illegible plates. 7 G. 4. c. 33. s. 10.

If any carriage or vehicle having four wheels, and drawn by one horse only, shall carry more than six passengers, or having two wheels, and drawn by one horse, shall carry more than four passengers, P. 201. Ibid. s. 11.

For recovery of duties not exceeding 50l., party may be summoned before justice, who may grant warrant of distress. Ibid. s. 15.

Persons plying for hire with carriages, not having plates, P. not exceeding 201.; carriage and horses may be seized, and if penalty be not paid, sold. Ibid. s. 17.

Justices may determine offences, when penalty does not exceed 201. R. by distress. Ap. to sessions. Ibid. s. 18. Form of conviction given in act. Ibid. s. 21.

Justice may mitigate penalties, to one fourth, over and above costs and charges. Ibid. s. 21.

Information may be laid by any person, and if prosecution within six months. A. half to king, and half to informer, with full cost of such; if after six months, whole to king. Ibid. s. 22.

Penalties belonging to the king, to be received by justices, and paid to clerk of the peace at next sessions, who shall remit them to the solicitor of stamps. Ibid. s. 23.


A COMMISSIONER of the navy,* or justice, may issue warrants to search places where any king's stores are suspected to be concealed; and if found, cause the same and the offender to be brought before him, to be dealt with according to law; and if any stores not marked, but which may reasonably be supposed to belong to the king, shall be found, if the person in whose possession they are, cannot give a reasonable account how he came by them, the stores shall be forfeited, and the party deemed guilty of a misdemeanor. 39 & 40 G. c. 89. s. 3.

Craft may be taken, and suspicious persons apprehended by persons deputed by the commissioners; offenders to be proceeded against as above, and craft and tackle forfeited. Ibid. s. 12. 13.

Persons adjudged guilty of a misdemeanor, by a justice, P. 40s. first offence; 5l. for second; and 10l. for every subsequent offence. R. distress, or in default, commitment for three calendar months, or till paid. A. half to the king, half to the person who apprehends. Ibid. s. 16.

Adjudications to be certified to the sessions. Ibid. s. 17. Justice may determine in a summary way, where the stores seized do not exceed 20s. and cause the party to be brought before him, and summon witnesses on both sides, and inflict a penalty of 10l. W. 1. R. distress and sale, and in default, commitment for three calendar months, or till paid. A. half to the king, half to the informer; or the offender may be committed to hard labour, for three calendar months, instead of being fined. The king's moiety of all fines to be paid by the justice, to the treasurer of the navy, in thirty

* As these commissioners have a concurrent jurisdiction, whenever a justice is mentioned throughout this head, a commissioner of the navy is to be understood.

days after the end of the year, in which they are received, P. 50l. R. courts of Westminster. Ibid. s. 18.

The penalty of 107. may be mitigated, but not to less than half above costs. Ibid. s. 19.

If commitment is substituted for fine, informer shall receive 51. from the treasurer of the navy. No such summary proceeding to be had before a justice, without consent in writing of the commissioners* of the navy, or the conviction to be void. Ibid. s. 20.

Ap. to the sessions, with recognizance to treble the value. One surety. Ibid. s. 21.


In offences created by particular statutes, it is generally stated, whether the process is to be by summons or by warrant; in other cases it seems more agreeable with the mildness of our laws, to put the party to as little inconvenience as possible, and therefore, where the case will allow it, a summons seems preferable; but in breaches of the peace, larcenies, and other felonies, and in all cases where the king is party, or between subject and subject, where the body is liable, a warrant is the regular process. Burn.

In the summons it is usual, and upon many accounts convenient, to fix not only a day, but a particular time of the day, for the appearance of the party; but if he shall appear at the time, and the justice shall not attend, he is not to go away, but must wait during the remaining part of the day, for many things may happen to hinder the justice's imme

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In all cases where two or more justices, or deputy-lieutenants or others, are authorized to hear and determine a

* Here the justice is made completely subservient to the commissioners.

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