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the owner to

or other such carriage, not having the owner's name as hereby forfeit 57., if required painted and remaining legible thereon, and shall refuse to tell or to discover the true christian and surname of the owner or principal owners of such waggon, cart, or carriage;

the owner

107.

Proceeding if driver will not discover his

name.

Or if the driver of any waggon, cart, or other carriage whatsoever or of any horses, mules, or other beast of draught or burden, meeting any other waggon, cart, or other carriage, or horses, mules, or other beasts of burden, shall not keep his waggon, cart, or carriage, or horses, mules, or other beasts of burden, on the left or near side of the road;

Or if any person shall in any manner wilfully prevent any other person from passing him, or any waggon, cart, or other carriage, or horses, mules, or other beasts of burden, under his care, upon such highway, or by negligence or misbehaviour prevent, hinder, or interrupt the free passage of any person, waggon, cart, or other carriage, or horses, mules, or other beasts of burden, on any highway, or shall not keep his waggon, cart, or other carriage, or horses, mules, or other beasts of burden, on the left or near side of the road for the purpose of allowing such passage;

Or if any person riding any horse, or beast, or driving any sort of carriage, shall ride or drive the same furiously so as to endanger the life or limb of any passenger;

Every person so offending in any of the cases aforesaid, and being convicted of any such offence, either by his own confession, the view of a justice, or by the oath of one or more credible witnesses before any two justices of the peace, shall, in addition to any civil action to which he may make himself liable, for every such offence forfeit any sum not exceeding 5l., in case such driver shall not be the owner of such waggon, cart, or other carriage, and in case the offender be the owner of such waggon, cart, or other carriage, then any sum not exceeding 107., and in either of the said cases shall, in default of payment, be committed to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding six weeks, unless such forfeiture shall be sooner paid;

And every such driver offending in either of the said cases shall and may, by the authority of this Act, with or without any warrant, be apprehended by any person who shall see such offence committed, and shall be conveyed before any justice of the peace, to be dealt with according to law.

And if any such driver in any of the cases aforesaid shall refuse to discover his name, it shall and may be lawful, for the said justices of the peace before whom he shall be taken, or to whom any such complaint shall be made, to commit him to the common gaol or house of correction, there to be kept to hard labour for any time not exceeding three months, or to proceed against him for the penalty aforesaid by a description of his person and the offence only, without adding any name or designation, but expressing in the proceedings that he refused to discover his name.

STAGE CARRIAGES ACT, 1842.

(5 & 6 VICT. c. 79.)

An Act to repeal the Duties payable on Stage Carriages and on
Passengers conveyed upon Railways, and certain other Stamp
Duties in Great Britain, and to grant other Duties in lieu
thereof; and also to amend the Laws relating to the Stamp
Duties.
[5th August, 1842.]

than it is constructed

13. And whereas the repealing of the duties in respect of the No stage passengers to be conveyed by stage carriages in Great Britain, carriage to and granting a uniform rate of duty on stage carriages in lieu carry a greater thereof, will render certain regulations necessary for preventing the number of overloading of such carriages, and the dangers and inconveniences passengers consequent thereon; be it therefore enacted, That no stage carriage shall be allowed to carry at one time a greater number of passengers to carry. in the whole, or in the inside or on the outside thereof, than the same is constructed to carry according to the regulations of this Act; and that no such carriage shall be deemed to be constructed What number to carry a greater number of passengers than the same will contain of passengers at one time, upon fit and proper seats provided therein or thereupon a carriage for that purpose, allowing for every passenger, on an average, upon each and every separate seat, a space convenient for sitting thereon deemed to be of sixteen inches, measuring in a straight line lengthwise on the front of each seat: Provided always, that no child under five years of age, sitting in the lap, shall be deemed a passenger within the meaning of this Act.

shall be

constructed to carry.

to carry to be

14. And be it enacted, That no stage carriage shall be used or The number employed unless nor until there shall be truly painted, in words at of passengers length, and in legible and conspicuous Roman letters, one inch at which a the least in height, and of a proper and proportionate breadth, and carriage is in a colour different from and opposite to the colour of the ground constructed on which such letters shall be painted, and in one or more straight painted horizontal line or lines, upon some conspicuous part on the outside thereon. of such carriage, at the back thereof, and also in the inside thereof, and where the same shall be constructed to carry passengers in different compartments, then in each such compartment, and so that the same shall be at all times plainly and distinctly visible and legible, the number of passengers which such carriage is constructed to carry according to this Act in the whole, and on the outside and in the inside thereof respectively, and in each such compartment; and if any stage carriage shall be used or employed without having If any stage all and every such particulars painted thereon in manner aforesaid, carriage be or if any stage carriage shall be used or employed having thereon or used without in or on any part thereof any words or figures, or any particulars having the whatever, specifying or importing, or tending or intended to signify proper partior import, that the same is constructed or in any way authorized to culars painted carry a greater number of passengers in the whole, or on the out- thereon, side or in the inside thereof respectively, or in any compartment penalty 107. thereof, than the same is truly constructed to carry according to the regulations of this Act, the proprietor thereof shall forfeit the sum of ten pounds.

If any greater number of

passengers be

carried than

15. And be it enacted, That if the number of passengers at any one time conveyed in, upon, or about any stage carriage shall be greater in the whole, or upon or about the outside thereof, or in the inside thereof, or in any compartment thereof respectively, than the the carriage is same is constructed to carry, according to the regulations of this carry, or than Act, or than any particulars painted thereon shall specify in the the particulars whole, or upon the outside thereof, or in the inside thereof, or in any compartment thereof respectively, the driver and conductor or guard thereof for the time being respectively shall forfeit the sum of five pounds.

constructed to

specify, penalty 51. Any constable or passenger

may measure

the seats.

Penalty for refusing to permit the measuring of

the seats, 57.

Number of passengers allowed to be carried on the outside of stage carriages.

Not to alter the regula

16. Ând be it enacted, That it shall be lawful for any constable or peace officer at any time, and also for any person travelling or having immediately before travelled by any stage carriage, in any case where he shall have reason for believing or suspecting that a greater number of passengers are carried or are about to be carried, or have immediately before, or at any time during the journey last performed, been carried, by such stage carriage, to measure the seats or any of the seats in or upon such carriage, in order to ascertain the length thereof respectively, or the number of passengers which the said carriage is constructed to carry; and if any person shall refuse to permit the seats in or upon any such stage carriage to be measured, or shall by any means or in any way prevent or attempt to prevent any constable, peace officer, or other such person as aforesaid from or hinder or obstruct him in measuring the same, the person so offending shall forfeit for every such offence the sum of five pounds.

17. And be it enacted, That no stage carriage the top or roof of which shall be more than eight feet nine inches from the ground, or the bearing of which on the ground shall be less than four feet six inches from the centre of the track of the right or off wheel to the centre of the track of the left or near wheel, shall be allowed

to carry in any case more than the number of outside passengers hereinafter respectively mentioned; (that is to say,) not more than five outside passengers where such carriage shall be constructed to carry, according to the regulations of this Act, not exceeding nine passengers in the whole; not more than eight outside passengers where such carriage shall be constructed to carry, according to the said regulations, in the whole exceeding nine and not exceeding twelve passengers; not more than eleven outside passengers where such carriage shall be constructed to carry, according to the said regulations, in the whole exceeding twelve and not exceeding fifteen passengers; not more than twelve outside passengers where any such carriage shall be constructed to carry, according to the said regulations, in the whole exceeding fifteen and not exceeding eighteen passengers; and not more than two additional outside passengers for every three additional passengers which any such carriage shall be constructed to carry, according to the said regulations, in the whole; and if any greater number of outside passengers shall be carried by any such stage carriage as aforesaid than is herein before specified and allowed, the driver of such stage carriage, and the conductor or guard thereof, at the time when such offence shall be committed, shall respectively forfeit the sum of five pounds.

18. And be it enacted, That nothing in this Act contained shall in any way alter or affect any of the regulations or provisions

contained in the said Act passed in the second and third years of tions of 2 & 3 the reign of his late Majesty King William the Fourth, relating to Will. 4, c. 120. stage carriages, now in force, which shall not be inconsistent with the regulations and provisions herein contained; and that all the clauses and provisions contained in the said Act relating to the recovery of penalties before any justice of the peace shall be applied and be put in force for the recovery of any penalty imposed by or incurred under this Act: Provided always, that it shall be lawful Recovery of for any person to inform and prosecute for any penalty incurred, as penalties for well by the owner or proprietor of any stage carriage, as by the offences redriver, conductor, or guard thereof, under this Act, so far as relates lating to stage to the particulars to be painted on stage carriages, or to carrying a carriages. greater number of passengers by any stage carriage than the same is constructed to carry, or than is allowed by this Act, provided the information be exhibited or the complaint made within ten days after the offence shall have been committed: Provided also, that where by this Act any penalty is imposed upon the driver and conductor or guard of any stage carriage respectively for one and the same offence, only one prosecution shall be had or maintained for the recovery of such penalty against such driver or conductor or guard, at the option of the person prosecuting for the same.

Penalties imposed by this

Act how to be recovered.

19. And be it enacted, That in any prosecution for the recovery Evidence in of any penalty relating to the carrying of passengers by any stage prosecutions carriage, or to the number of passengers which any stage carriage relating to the shall be constructed to carry, if proof be made of the due admeasure- carrying of ment of the height or bearing of such stage carriage, or of the seat passengers by stage or any of the seats in or upon any such carriage, or of the particucarriages. lars painted thereon, the same shall be deemed and received as evidence thereof without the production of such carriage. 24. And be it enacted, That all pecuniary penalties imposed by or which may be incurred under this Act may be sued or prosecuted for and recovered by the same ways and means, and in the same manner and form, and be mitigated and applied as any other penalty incurred under any Act relating to the stamp duties may be sued for, prosecuted, and recovered, mitigated and applied; and that all Powers, prothe powers, provisions, regulations, forfeitures, pains, and penalties visions, &c. contained in or imposed by any Act or Acts in force with relation of former Acts to any of the duties under the management of the Commissioners to continue of Stamps and Taxes, so far as the same are or may be applicable in cases not by this Act expressly provided for, and so far as the same shall not be superseded by, and as the same shall be consistent with, the express provisions of this Act, shall be of full force and effect with respect to the duties by this Act granted, and to the matters and things charged or chargeable therewith, in respect of which duty is hereby granted, and shall be applied and put in execution for recovering, securing, and collecting the said duties hereby granted, and for preventing, detecting, and punishing all frauds, forgeries, and other offences relating thereto, as fully and effectually to all intents and purposes as if such powers, provisions, regulations, forfeitures, pains, and penalties had been repeated and specially enacted in this Act with reference to the duties by this Act granted and made payable.

in force.

Meaning of certain words used in this

Act.

Certain provisions of

1 & 2 Will. 4, c. 22, extended

to this Act.

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HACKNEY CARRIAGES (LONDON) ACT, 1843.
(6 & 7 VICT. c. 86.)

An Act for regulating Hackney and Stage Carriages in and near
London.
[22nd August, 1843.]

2. And be it enacted, 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 pro-
visions 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 "metro-
politan 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 "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.

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3. And be it enacted, That so much of an Act passed in the second year of the reign of his late Majesty, 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 not hereby repealed. Ishall extend and apply to hackney carriages within the meaning of this Act. 4. And whereas by the said recited Act passed in the reign of his late Majesty 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

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