Buttons, or in an unfinished State; Engines for chasing; Stocks for casting Buckles, Buttons, and Rings; Die-sinking Tools of all Sorts; Engines for making Button Shanks; Laps of all Sorts; Tools for pinching of Glass; Engines for covering of Whips; Bars of Metal covered with Gold or Silver, and Burnishing Stones commonly called Blood Stones, either in the rough State or finished for Use; Wire Moulds for making Paper; Wheels of Metal, Stone, or Wood, for cutting, roughing, smoothing, polishing, or engraving Glass; Purcellas, Pincers, Shears, and Pipes used in blowing Glass; Potters Wheels and Lathes for plain, round, and engine turning; Tools used by Saddlers, Harness Makers, and Bridle Makers; videlicet, Candle-strainers, Side-strainers, Point-strainers, Creasing Irons, Screw-creasers, Wheel-irons, Seatirons, Pricking-irons, Bolstering-irons, Clams, and Head Knives.

Frames for making Wearing Apparel.

CAP. LXXXV.

AN ACT for improving the Law of Evidence.

(22nd August 1843.)

ABSTRACT OF THE ENACTMENTS.

1. Witnesses not to be excluded from giving evidence by incapacity from crime or interest.—Proviso.-Not to repeal any provision in 7 Will. 4. & 1 Vict. c. 26.—In courts of equity defendant may be examined on behalf of the plaintiff or any eedefendant, &c.

2. In legal proceedings not necessary to state that jurors had made affirmation.

3. As to suits commenced before passing this Act.

4. Not to extend to Scotland.

By this ACT,

After reciting that the inquiry after truth in courts of justice is often obstructed by incapacities created by the present law, and it is desirable that full information as to the facts in issue, both in criminal and in civil cases, should be laid before the persons who are appointed to decide upon them, and that such persons should exercise their judgment on the credit of the witnesses adduced and on the truth of their testimony :

It is Enacted,

I. That no person offered as a witness shall hereafter be excluded by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice of the court, on the trial of any issue joined, or of any matter or question or on any inquiry arising in any suit, action, or proceeding, civil or criminal, in any court, or before any judge, jury, sheriff, coroner, magistrate, officer or person having, by law or by consent of parties, authority to hear, receive, and examine evidence; but that every person so offered may and shall be admitted to give evidence on oath, or solemn affirmation in those cases wherein affirmation is by law receivable, notwithstanding that such person may or shall have an interest in the matter in question, or in the event of the trial of any issue, matter, question, or injury, or of the suit, action, or proceeding in which he is offered as a witness, and notwithstanding that such person offered as a witness may have been previously convicted of any crime or offence: Provided that this Act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in replevin may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part, or the husband or wife of such persons respectively; provided also, that this Act shall not repeal any provision in a certain Act, 7 Will. 4. & 1 Vict. c. 26, intituled, 'An Act for the Amendment of the Laws with respect to Wills: Provided that in courts of equity any defendant to any cause pending in any such court may be examined as a witness on the behalf of the plaintiff or of any co-defendant in any such cause, saving just exceptions; and that any interest which such defendant so to be examined may have in the matters or any of the matters in question in the cause shall not be deemed a just exception to the testimony of such defendant, but shall only be considered as affecting or tending to affect the credit of such defendant as a witness.

II. That wherever in any legal proceedings whatever legal proceedings may be set out, it shall not be necessary to specify that any particular persons who acted as jurors had made affirmation instead of oath, but it may be stated that they served as jurymen, in the same manner as if no Act had passed for enabling persons to serve as jurymen without oath.

III. That nothing in this Act shall apply to or affect any suit, action, or proceeding brought or commenced before the passing of this Act.

IV. That nothing in this Act shall extend to Scotland.

CAP. LXXXVI.

AN ACT for regulating Hackney and Stage Carriages in and near London.

ABSTRACT OF THE ENACTMENTS.

(22nd August 1843.)

1. Repeal of 1 & 2 Vict. c. 79.-Licences to continue in force until others are granted.

2. Meaning of certain words used in this Act.

3. Certain provisions of 1 & 2 Will. 4. c. 22. extended to this Act.—Proviso.

4. Title and place of abode of a peer of the realm painted on any carriage, &c. to be deemed a compliance with the provisions of the Act.

5. Appointment of registrar, deputy registrar, and other officers.

6. Salaries.

7. Particulars to be painted on metropolitan stage carriages.

8. Registrar to grant licences.-At the time of granting any licence an abstract of the laws and a ticket to be given.

9. A stamp duty of 5s. on every licence granted under this Act.

10. Penalty on persons acting as drivers, &c. without licences and tickets, 5l.;—on proprietors suffering drivers or conductors so to do, 101.

11. Watermen may be removed to other standings.

12. Appointment of temporary watermen.

13. For obtaining water at hackney stands.

14. Persons applying for licences to sign a requisition for the same.

15. Notice to be given by drivers, conductors, and watermen of any change of abode.

16. Particulars of licences to be entered in a book at the registrar's office.

17. Tickets to be worn by drivers.

18. Licences and tickets to be delivered up on the discontinuance of licences.

19. New tickets to be delivered instead of defaced or lost tickets.

20. Forgery of licence or ticket, or knowingly uttering a forged licence or ticket, a misdemeanor.

21. Proprietor to retain the licence of drivers or conductors employed by him, and produce them in case of complaint.

22. Magistrates to hear and determine disputes.

23. Agreements between drivers, &c. and proprietors to be in writing.

24. Proceedings with respect to licences on quitting service.

25. Licences may be revoked or suspended.

26. Hackney carriage plates may be seized where the licence is discontinued or revoked, or where the same are used without licence.— Penalty for obstructing officer, 51.-Licences may be revoked in certain cases.

27. No person to act as driver of any carriage without the consent of the proprietor.

28. Punishment for furious driving, and wilful misbehaviour.

29. Standings for hackney carriages to be appointed.

30. Standings to be in the centre of streets.

31. Hackney carriages not to ply opposite General Post Office.

32. Lord Mayor and aldermen to make regulations with respect to carriages, &c. in the city and the borough.

33. Penalty on drivers of hackney carriages, or drivers or conductors of metropolitan stage carriages, for loitering or causing any obstruction, or plying for hire by making any noise, &c.

34. Property left in stage carriages.

35. Proprietors may be summoned to appear, and to produce the driver or conductor.-In case of proprietors failing so to do.

36. Magistrates empowered to hear and determine complaints.

37. Evidence of complainant to be taken.

38. Complaints to be made within seven days.

39. Penalties may be awarded to be paid by instalments.—In case of non-payment the party may be imprisoned.—Proviso. 40. In what manner goods distrained under this Act shall be sold.

41. Service of summonses and other notices.

42. Penalty on witnesses refusing to attend or to give evidence.

43. Certain proceedings to be drawn up according to the forms in the Schedule.

44. Providing for cases where there are more proprietors than one.

45. Power to mitigate penalties.

46. Appropriation of penalties.

47. Limitation of actions.-Venue.-Notice of action.-Tender of amends.

48. Act may be amended this session.

By this ACT,

After reciting that the provisions for licensing the drivers, conductors, and watermen of public carriages in and near London need to be amended:

It is Enacted,

1. That an Act, 1 & 2 Vict. c. 79, intituled, An Act for the better Regulation of Hackney Carriages, and of Metropolitan Stage Carriages, and of Waggons, Carts, and Drays used in and near the Metropolis, and of Drivers and Attendants thereof,' shall be repealed: Provided always, that all licences and tickets granted under the said Act shall continue in force for the time for which they were originally granted (if not sooner suspended or revoked), or until new licences and tickets shall be issued instead of them under this Act, and that all offences against the provisions of the said Act committed before the passing of this Act may be punished as if this Act had not been passed.

II. That the words hereinafter mentioned, which in their usual signification have a more confined or different meaning, shall in this Act (except where the nature of the provisions or the context of the Act shall exclude such construction), be interpreted as follows; (that is to say,) the words " hackney carriage" shall include every carriage (except a stage carriage} which shall stand on hire or ply for a passenger for hire at any place within the limits of the city of London and the liberties thereof, and metropolitan police district; and the words "metropolitan stage carriage" shall include every stage carriage except such as shall on every journey go to or come from some town or place beyond the limits aforesaid; and the word "proprietor" shall include every person who, either alone or in partnership with any other person, shall keep any hackney carriage or any metropolitan stage carriage, or who shall be concerned otherwise than as a driver or attendant in employing for hire any hackney carriage or any metropolitan stage carriage; and the word "conductor" shall include every director or other person, except the driver, who shall attend upon the passengers in any metropolitan stage carriage; and the word waterman" shall include every person supplying water to the drivers of hackney carriages at the standings or places where hackney carriages usually stand or ply for hire, and every person assisting the drivers at such standings in managing or taking care of the horses or carriages, and every attendant upon any metropolitan stage carriage at places where such carriages usually stop or ply for passengers; and the word "passenger" shall include every person carried by any hackney carriage, or by any metropolitan stage carriage, except one driver, and, where there shall be a conductor to such metropolitan stage carriage, one conductor; and the word "horse" shall include every mare and gelding; and every word importing the singular number only shall extend and be applied to several persons and things as well as to one person or thing; and every word importing the masculine gender only shall extend to a female as well as to a male.

III. That so much of an Act, 1 & 2 Will. 4. c. 22, intituled, 'An Act to amend the Laws relating to Hackney Carriages and to Waggons, Carts, and Drays used in the Metropolis; and to place the Collection of the Duties on Hackney Carriages and on Hawkers and Pedlars in England under the Commissioners of Stamps,' as relates to hackney carriages and to watermen, and not hereby repealed, and except as to the appointment of watermen by the aforesaid Commissioners, shall extend and apply to hackney carriages and to watermen within the meaning of this Act: Provided always, that nothing in this Act contained shall render liable to the duties imposed by the said Act, 1 & 2 Will. 4. c. 22. any hackney carriage which shall not be used for the purpose of standing or plying for hire at any place within the distance of five miles from the General Post Office in the city of London.

And after reciting that by the said recited Act, 1 & 2 Will. 4. c. 22, it was enacted, that the owner of every waggon, cart, car, dray, or other carriage should, before any such carriage should be driven or used in any public street or road, within the distance of five miles from the General Post Office in the city of London, paint or cause to be painted in words at full length, and in one or more straight line or lines, upon some conspicuous place on the right or off side of every such carriage, clear of the wheel or wheels thereof, or upon the right or off side shaft thereof, the true Christian name and surname and place of abode of the owner, or, if there be more than one, of the principal owner of such carriage, in the manner in such Act directed:

It is Enacted,

IV. That in all cases where the owner of any such carriage shall be a peer of the realm, or shall be known or usually designated by some title of rank, it shall be deemed to be a compliance with the provisions of the aforesaid Act that the title only and place of abode of such peer or other person shall be painted in the manner therein described upon any such waggon, wain, cart, or other carriage.

v. That it shall be lawful for one of Her Majesty's principal Secretaries of State from time to time to appoint a fit person to be the registrar of metropolitan public carriages, and also all such officers as the said Secretary of State shall deem necessary for the assistance of such registrar in the due execution of this Act; and in the case of any authorized absence from his office, or temporary inability of the said registrar, it shall be lawful for the said Secretary of State to appoint such person as he shall think fit to act as the deputy of the said registrar during such absence or inability of the registrar to act, and such person while he shall so act shall have the same powers and authority as the said registrar; and the said Secretary of State may, at his discretion, remove any such registrar, deputy registrar, or any of the said officers, and upon any vacancy occasioned by such removal or otherwise, appoint some other fit person to be such registrar, deputy registrar, or officer: Provided always, that the registrar and other officers appointed under the Act hereby repealed shall continue to occupy the same offices under this Act, without any appointment, until discharged by due course of law.

VI. That the Commissioners of Her Majesty's Treasury shall appoint such salaries to be paid to the said registrar, deputy registrar, and officers, as they shall think proper; which salaries, together with such other expenses in and about the execution of this Act as the said Commissioners of the Treasury shall direct, shall be paid by the Commissioners of Stamps and Taxes out of any monies to arise from any of the duties under their care and management.

VII. That the proprietor of every metropolitan stage carriage shall keep distinctly painted, both on the outside and inside of the same, in such a manner and in such a position as shall from time to time be directed by the registrar, the words Metropolitan Stage Carriage," or such other words as the registrar shall direct, together with the number of the Stamp Office plate relating to such carriage; and shall also, on the inside of every such carriage, keep distinctly painted in a conspicuous

66

manner a table of fares to be demanded of passengers by such carriage; and the fares therein specified shall be deemed to be the only lawful fares, and may be recovered by the driver or conductor as in the case of hackney carriages, in a summary way, before any Justice of the Peace; and every proprietor making default in the premises shall forfeit the sum of 20s. for every

offence.

VIII. That it shall be lawful for the registrar to grant a licence to act as driver of hackney carriages, or as driver or as conductor of metropolitan stage carriages, or as waterman, (as the case may be,) to any person who shall produce such a certificate as shall satisfy the said registrar of his good behaviour and fitness for such situation respectively: Provided always, that no person shall be licensed as such driver as aforesaid who is under sixteen years of age; and in every such licence shall be specified the number of such licence, and the proper name and surname, and place of abode, and age, and a description of the person to whom such licence shall be granted, and, in the case of a waterman, of the standing or place at which he shall be thereby authorized to act as a waterman, and the nature of his duties; and every such licence shall bear date on the day on which the same shall be granted, and shall continue in force until and upon the 1st of June next after the date thereof, or if granted in the month of May in any year, then to continue in force until and upon the 1st of June in the year next following that in which the same shall be granted, except in either case the same shall be sooner revoked, and except the time (if any) during which any such licence shall be suspended; and on every licence of a driver or conductor the registrar shall cause proper columns to be prepared, in which every proprietor employing the driver or conductor named in such licence shall enter his own name and address, and the days on which such driver or conductor shall enter and shall quit his service respectively; and in case any of the particulars entered or indorsed upon any licence in pursuance of this Act shall be erased or defaced every such licence shall be wholly void and of none effect; and the said registrar shall, at the time of granting any licence, deliver to the driver, conductor, or waterman to whom the same shall be granted, an abstract of the laws in force relating to such driver, conductor, or waterman, and of the penalties to which he is liable for any misconduct, and also a metal ticket, upon which there shall be marked or engraved his office or employment, and a number corresponding with the number which shall be inserted in such licence.

IX. That there shall be charged upon and in respect of every licence to be granted under the authority of this Act, except as hereinafter provided, a duty of 5s., and that the same shall be under the care and management of the Commissioners of Stamps and Taxes, and shall be deemed to be a stamp duty, and shall be within the provisions of all Acts for raising, levying, or securing the stamp duties, or any of them; and the said Commissioners, upon application for that purpose made by the said registrar, shall issue to him vellum, parchment, or paper for such licences, duly stamped, for denoting the duties charged by this Act, either upon the present payment of the duties payable on such licences, or upon giving such security for the payment thereof, and upon such terms and subject to such regulations as the said Commissioners shall think proper: Provided always, that in case any person shall apply for a new licence who shall have been previously licensed, and shall either not have returned his metal ticket on the expiration of his former licence, or, if such licence be still in force, shall not have returned the requisition for a new licence on the day appointed for that purpose by the registrar, or shall not apply for his new licence on the day in like manner appointed for that purpose, it shall be lawful for the registrar to charge him any additional sum for his licence not exceeding 5s.

x. That it shall not be lawful for any person to act as driver of any hackney carriage, or as driver or conductor of any metropolitan stage carriage, whether such person shall or shall not be the proprietor of such carriage, or for any person to act as a waterman, within the limits of this Act, unless in each case such person shall have a licence so to do, and a numbered ticket granted to him under the authority of this Act, and remaining in force; and every person who shall act as such driver or conductor or waterman without such licence and ticket, and every licensed waterman acting at any other standing or place than those mentioned in his licence, and also every person to whom a licence and ticket shall have been granted, who shall, except in compliance with the provisions of this Act, transfer or lend such licence, or permit any other person to use or wear such ticket, shall for every such offence forfeit the sum of 51.; and every proprietor who shall knowingly suffer any person not duly licensed under the authority of this Act to act as driver of any hackney carriage, or as driver or as conductor of any metropolitan stage carriage, of which he shall be the proprietor, shall for every such offence forfeit the sum of 101.: Provided always, that nothing herein before contained shall subject to any penalty any proprietor who shall employ any unlicensed person to act as such driver or conductor as aforesaid for any time not exceeding twenty-four hours, or any unlicensed person who shall be so employed for the said time, upon proof being adduced by the proprietor, to the satisfaction of the Justice of the Peace before whom such proprietor, driver or conductor shall be required to attend to answer for such offences respectively, that such employment was occasioned by unavoidable necessity; and that every proprietor who shall so employ such unlicensed driver or conductor, and every such unlicensed driver or conductor shall be subject to all the powers, provisions, and proceedings of and under this Act or the said recited Act, 1 & 2 Will. 4. c. 22, for any act done by such driver or conductor during such employment, in like manner as if such driver or conductor had been duly licensed.

XI. That it shall be lawful for the registrar, if he shall deem it expedient for the good conduct of any standing, to remove any waterman from such standing, and to appoint him to any other standing, and to indorse such removal upon his licence; and any waterman neglecting to produce his licence for the purpose of making such indorsement upon it, when required so to do by the registrar, shall forfeit 40s., and so from time to time until he shall produce the same.

XII. That in case of the temporary inability of any waterman it shall be lawful for the registrar to issue to any competent person an unstamped licence to act in the place of such waterman, for such a period as the registrar shall think fit, and to recall the same at his discretion; and any such temporary waterman who shall neglect to return his licence and ticket to the registrar, when called upon so to do, shall forfeit the sum of 51.

XIII. That it shall be lawful for the registrar, if he shall think fit, on the application of any waterman who shall be willing to render himself liable to the water rates, to procure water to be laid on in some convenient situation, adjacent to any standing of hackney carriages, or at places where metropolitan stage carriages usually stop or ply for hire, and to pay the expenses of the water-cock and other necessary apparatus for laying on the water; and the water supplied at every such water-cock shall

be under the controul of the registrar; and any waterman, or person who has been a waterman, refusing or neglecting to deliver up the key of any such water-cock, when required so to do by the registrar, shall forfeit 57., and so from time to time until he shall deliver up the same.

XIV. That before any such licence as aforesaid shall be granted a requisition for the same, in such form as the said registrar shall from time to time appoint for that purpose, and accompanied with such certificate as hereinbefore is required, shall be made and signed by the person by whom such licence shall be required; and in every such requisition all such particulars as the registrar shall require shall be truly set forth; and every person applying for or attempting to procure any such licence, who shall make or cause to be made any false representation in regard to any of the said particulars, or who shall endeavour to obtain a licence by any forged recommendations, or who shall not truly answer all questions which shall be demanded of him in relation to such application for a licence, and also every person to whom reference shall be made who shall, in regard to such application, wilfully and knowingly make any misrepresentation, shall forfeit for every such offence the sum of 5; and it shall be lawful for the registrar to proceed for recovering of such penalty before any magistrate at any time within one calendar month after the commission of the offence, or during the currency of the licence so improperly obtained.

xv. That as often as any driver or conductor or waterman shall change his place of abode he shall give notice thereof in writing, signed by him, to the said registrar, specifying in such notice his new place of abode, and shall at the same time produce his licence to the said registrar, who shall indorse thereon a memorandum specifying the particulars of such change; and every driver, conductor, or waterman who shall change his place of abode, and shall neglect for two days to give notice of such change, and to produce his licence in order that such memorandum as aforesaid may be indorsed thereon, shall forfeit for every such offence the sum of 20s.; and it shall be lawful for the registrar, or for any person employed by him for that purpose, to sue for such penalty at any time during the currency of such licence; and after the passing of this Act it shall not be necessary for the proprietor of any hackney carriage to give to the Commissioners of Sewers, at the Guildhall in the city of London, the account required by the said recited Act, 1 & 2 Will. 4. c. 22.

XVI. That the particulars of every licence which shall be granted as aforesaid shall be entered in books to be kept for that purpose at the office of the said registrar; and in all courts, and before any Justice of the Peace, and upon all occasions whatsoever, a copy of any entry made in any such book, and certified by the person having the charge thereof to be a true copy. shall be received as evidence, and be deemed sufficient proof of all things therein registered, without requiring the production of the said book, or of any licence, or of any requisition or other document upon which any such entry may be founded; and every person applying at all reasonable times shall be furnished with a certified copy of the particulars respecting any licensed person without payment of any fee.

XVII. That every licensed driver, conductor, and waterman shall at all times during his employment, and when he shall be required to attend before any Justice of the Peace, wear his ticket conspicuously upon his breast, in such manner that the whole of the writing thereon shall be distinctly legible; and every driver, conductor, or waterman who shall act as such, or who shall attend when required before any Justice of the Peace, without wearing such ticket in manner aforesaid, or who, when thereunto required, shall refuse to produce such ticket for inspection, or to permit any person to note the writing thereon, shall for every such offence forfeit the sum of 40s.

XVIII. That upon the expiration of any licence granted under this Act the person to whom such licence shall have been granted shall deliver such licence and the ticket relating thereto to the said registrar; and every such person who, after the expiration of such licence, shall wilfully neglect for three days to deliver the same to the said registrar, and also every person who shall use or wear or detain any ticket, without having a licence in force relating to such ticket, or who shall for the purpose of deception use or wear or have any ticket resembling or intending to resemble any ticket granted under the authority of this Act, shall for every such offence forfeit the sum of 51.; and it shall be lawful for the registrar, or for any person employed by him for that purpose, to prosecute any person so neglecting to deliver up his licence or ticket at any period within twelve calendar months after the expiration of the licence; and it shall be lawful for any constable or peace officer, or any person employed for that purpose by the registrar, to seize and take away any such ticket, wheresoever the same may be found, in order to deliver the same to the said registrar.

XIX. That whenever the writing on any ticket shall become obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any ticket shall be proved to the satisfaction of the said registrar to have been lost or mislaid, the person to whom the licence relating to any such ticket shall have been granted shall deliver such ticket (if he shall have the same in his possession), and shall produce such licence to the said registrar, and such person shall then be entitled to have a new ticket delivered to him, upon payment, for the use of Her Majesty, of such sum of money, not exceeding 3s., as the registrar shall from time to time appoint: Provided always, that if any ticket which shall have been proved, as aforesaid, or represented to have been lost or mislaid, shall afterwards be found, the same shall forthwith be delivered to the said registrar; and every person into whose possession any such ticket, as last aforesaid, shall be or come, who shall refuse or neglect for three days to deliver the same to the said registrar, and also every person licensed under the authority of this Act who shall use or wear the ticket granted to him after the writing thereon shall be obliterated, defaced, or obscured, so that the same shall not be distinctly legible, shall for every such offence forfeit the sum of 40s.

xx. That every person who shall forge or counterfeit, or who shall cause or procure to be forged or counterfeited, any licence or ticket by this Act directed to be provided for the driver of a hackney carriage, or for the driver or the conductor of a metropolitan stage carriage, or for any waterman, and also every person who shall sell or exchange, or expose to sale, or utter any such forged or counterfeited licence or ticket, and also every person who shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have or be possessed of such forged or counterfeited licence or ticket, knowing such licence or ticket to be forged or counterfeited, and also every person knowingly and wilfully aiding and abetting any person in committing any such offence as aforesaid, shall be guilty of a misdemeanor, and, being thereof convicted, shall be liable