No. III. c. 120. duce the licence relating to the same, to the said commissioners or their proper officer, and shall also apply to the said commissioners or such of- 2 & 3 W. 4, ficer for new plates, and thereupon the said commissioners or such officer shall deliver to the person so applying for the same new plates in lieu of the plates so as aforesaid recalled; and where the number on such new plates shall be different from the number on such recalled plates the said commissioners or officer shall endorse and sign upon the licence a memorandum of the surrender of the plates in such licence mentioned, and of the granting of such new plates in lieu thereof, and from thenceforth such licence shall be deemed to relate to such new plates in the same manner as if the number thereof had been originally inserted in the body of such licence. XXVI. That the plates by this act required to be fixed upon every In what manstage carriage shall be fixed, one on each side of such carriage, upon the ner plates are upper fore quarter at the lower angle adjoining to the door, or if there be to be placed no upper fore quarter, then on the centre panel of each door in the side upon stage of such carriage, or if there be a door only in one side of such carriage, carriages. then one of such plates shall be fixed upon the centre panel of that door, and the other upon some conspicuous part of the opposite side of such carriage, or if there be no door in either side of such carriage, then one of such plates shall be fixed upon some conspicuous part of each side of such carriage; and if it shall happen that the commissioners of stamps, or their proper officer, shall be dissatified with the position of any plate upon any such carriage, and shall direct such plate to be fixed upon some other conspicuous part of such carriage, such plate shall be fixed accordingly upon such carriage in compliance with such direction. or without XXVII. That if any person shall keep, use, or employ, or shall be Penalty for concerned as proprietor or part proprietor in the keeping, using, or em- keeping, using, ploying of any stage carriage, without having a licence in force to to do &c. any stage granted to him under this act, or if any person, whether he shall have carriage withany such licence or not, shall keep, use, or employ any stage carriage, out a licence, such carriage not having placed and fixed thereupon and in the manner directed by this act the numbered plates required by this act to be fixed plates, or with recalled plates. on stage carriages, or having thereupon any such plate as aforesaid the number or device whereon shall be in any manner obliterated, defaced, or obscured, so that the same shall not be distinctly visible and legible, or if any person to whom any such licence shall have been granted shall, for the space of one week after notice in manner by this act directed to be given to such person that the plates to which such licence shall relate have been recalled, neglect or refuse to deliver up the plates mentioned in such notice, according to the terms thereof, every person so offending in any of the several cases aforesaid shall forfeit twenty pounds. shall be XXVIII. That if any person to whom any licence shall have been Persons using granted in respect of any stage carriage shall permit, or suffer such car- stage carriages riage to perform a greater number of journies or to travel a greater num- contrary to ber of miles than shall be mentioned in or allowed by such licence, or to their licences, be used on any other day or for the performing of any other journey or with imthan shall be mentioned or allowed in or by such licence, or shall fix or proper plates, place upon such carriage any plate having a number different from the deemed to be number mentioned in or authorized by the licence in force at the time of using them using such carriage, such person shall be deemed to be a person keeping, without liusing, and employing a stage carriage without having a licence in force cences. so to do, and shall accordingly be subject and liable to the penalty of twenty pounds by this act imposed in that behalf; and in all actions, informations, or other proceedings against such person for the recovery of such penalty in any of the cases aforesaid it shall be sufficient to charge or allege that such person did keep, use, and employ a stage carriage without having a licence in force so to do granted to him under this act, and it shall not be necessary further or otherwise to state or describe any such offence, nor to prove that such carriage was used or employed for the conveyance of passengers at separate fares. No. III. 2 & 3 W. 4. c. 120. Representatives of persons licensed may use stage carriages for thirty days without further licence. Penalty for plying for hire with carriages not having plates thereon. Offenders may be apprehended and conveyed before a justice of the peace. Carriages may be driven to the greenyard or other place for safe custody. XXIX. That whenever any person to whom any licence shall have been granted for or in respect of any stage carriage shall die, or become bankrupt or insolvent, during the existence of such licence, it shall be lawful for his executor, administrator, or assignee, or trustee, to keep, use, and employ such stage carriage according to the terms of such licence for the space of thirty days next after the death, bankruptcy, or insolvency of the person to whom such licence was granted, without being liable for so doing to the penalty by this act imposed on any person who shall keep, use, or employ any stage carriage without having a licence in force so to do: Provided always, that such executor, administrator, assignee, or trustee shall be liable to and chargeable with the payment of the duty which shall accrue or become payable in respect of such stage carriage from the time of such death, bankruptcy, or insolvency, and shall also be liable to all other the provisions and regulations of this act in the same manner as if such executor, administrator, assignee, or trustee had duly obtained a licence in his own name for the keeping, using, and employing of such stage carriage. XXX. That if any carriage, whether licensed as a stage carriage or not, shall be found upon or near to any public highway, and any person shall ply for passengers to be conveyed by such carriage for hire at separate fares, such carriage not having placed and fixed thereupon the numbered plates required by this act to be fixed on stage carriages, the driver of such carriage, or the person having the care thereof, or plying for passengers to be conveyed thereby, such driver or person not being the owner of such carriage, shall forfeit ten pounds, and if he shall be the owner of such carriage he shall forfeit twenty pounds; and moreover it shall be lawful for any constable or other peace officer, or any officer of stamp duties, without any warrant for that purpose, to apprehend such driver or other person having the care of such carriage or plying for passengers to be conveyed thereby, and to carry and convey him before any justice of the peace having jurisdiction where the offence shall be committed, to be dealt with as herein after mentioned; and it shall also be lawful for such constable or other peace officer, or officer of stamp duties, to drive or take the carriage not having such plates, with the horse or horses harnessed thereto or drawing the same, or to cause the same to be driven or taken, to some public greenyard, or some livery stables or other place of safety, and there to lodge the same for safe custody until the determination of such justice shall be known; and the justice before whom such driver or other person shall be brought shall hear and determine such offence; and in case the person convicted of any such offence shall be the owner of any such carriage, and if the said penalty of twenty pounds, together with all costs and expences, and the expences of taking such carriage and horse or horses to and keeping the same at such greenyard, stables, or other place, shall not be fully paid or discharged within five days after such conviction, such carriage and horse or horses, together with the harness used therewith, shall be sold by order under the hand of such justice, and the surplus (if any) of the produce of such sale, after deducting therefrom the said penalty, costs, and expences, and also the expences of such sale, shall be rendered to such owner; but in case the person so convicted shall not be the owner of such carriage, then on default being made in payment of the said penalty of ten pounds such justice shall commit the offender to the common goal or house of correction for the space of three calendar months, unless such last-mentioned penalty shall be sooner paid; and such justice shall give an order for the delivering up of the carriage, and horse or horses, and harness, to the owner thereof, on his paying the expences of taking and keeping the same; and in case of his refusal to pay such expences forthwith, then such carriage, and horse or horses, and harness, or a sufficient part thereof to defray such expences, shall be sold by order under the hand of such justice; and after payment thereout of all such expences as aforesaid, together with the expences of such sale, the surplus, if any, of the produce of such sale, together with such part of the carriage, and horse or horses, and harness, as shall remain unsold, shall be rendered and restored to the owner. No. III. 2 & 3 W. 4, c. 120. XXXI. That from and after the passing of this act it shall be lawful Licensed stage for the proprietor or driver of any stage carriage duly licensed by the carriages commissioners of stamps, and having thereon the proper numbered exempt from plates or plate required by law to be placed on stage carriages, or for provisions of any other person, to stand or ply with such carriage for passengers to any act relating be carried for hire, and to take up, convey, and set down such passen- to hackney gers with or from such carriage at any place either within the distance carriages. of five miles from the general post office in the city of London or elsewhere, any thing contained in an act passed in the last session of parliament, for amending the laws relating to hackney carriages, notwithstanding; provided that for this purpose such stage carriage shall not deviate from the proper route or line of road, if any shall be specified or described in the licence relating to such stage carriage, or shall not go beyond the limits allowed by such licence. XXXII. That if any person shall forge or counterfeit, or shall cause Forging stage or procure to be forged, counterfeited, or resembled, any numbered carriage plates, plate directed to be provided, or which shall have been provided, made, &c. a misdeor used, in pursuance of this act or of any former act relating to the du- meanor. ties payable in respect of stage carriages, or shall wilfully fix or place, or shall cause or permit or suffer to be fixed or placed, upon any stage carriage or other carriage, any such forged or counterfeited plate, or if any person shall sell or exchange or expose to sale or utter any such forged or counterfeited plate, or if any person shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have or be possessed of any such forged or counterfeited plate, knowing such such plate to be forged or counterfeited, every person so offending, and every person knowingly and wilfully aiding, abetting, or assisting any person in committing any such offence as aforesaid, shall be adjudged guilty of a misdemeanor, and being thereof convicted shall be liable to be punished by fine or imprisonment, or by both, such imprisonment to be in the common gaol or house of correction, and either with or without hard labour, as the court shall think fit; and in Scotland, whenever any person shall so offend, he shall be liable to be punished in like manner; and it shall be lawful for any officer of stamp duties, or for any constable or other peace officer, or any toll-gate keeper, to seize and take away any such plate, in order that the same may be produced in evidence against such offender, or be disposed of as the commissioners of stamps shall think proper. may be seized. XXXIII. That if after the expiration or discontinuance of any licence Plates detained granted to any person under any former act relating to stage carriages, after the expior under this act, such person shall use, detain, or have in his posses- ration of lision the numbered plate or plates mentioned in such licence, or shall cences, or used neglect to deliver the same to the commissioners of stamps or to their by persons not proper officer, or if any person shall use or detain or have in his posses- in force, or rehaving licences sion any numbered plate or plates without having a licence in force called plates, granted to him under any such act as aforesaid, and relating to such plate or plates, or if any person shall use or detain or have in his possession any numbered plate or plates which shall have been recalled by the commissioners of stamps or their proper officer, whether the licence relating thereto shall be in force or not, it shall be lawful for any officer of stamp duties, or for any constable or other peace officer, or for any toll-gate keeper, to seize and take away any such plate or plates wheresoever the same may be found, in order to deliver the same to the said commissioners; and for the purpose of seizing and taking away any such plate or plates, or any forged or counterfeited plate or plates, it shall be lawful for such officer of stamp duties, constable, peace officer, or toll-gate keeper, to stop any stage carriage or other carriage upon which the same may be placed; and any person who shall molest, ob No. III. 2 & 3 W. 4, c. 120. struct, or hinder such officer of stamp duties, constable, peace officer, or toll-gate keeper in seizing or endeavouring to seize or take away any such plate or plates as aforesaid shall forfeit twenty pounds. XXXIV. That if the number of passengers at any one time conveyed Penalty for in, upon, or about any licensed stage carriage shall be greater in the carrying a whole than the number of passengers which the licence granted in resgreater number pect of such carriage shall authorize or allow to be conveyed thereby, or of passengers if the number of passengers at any one time conveyed in the inside of than authorized such stage carriage, or upon or about the outside thereof, shall be by licence, 51. for each pasgreater respectively than the greatest number of inside or outside passengers respectively specified in or upon such licence and allowed theresenger above number. by, the person to whom such licence shall have been granted shall forfeit five pounds for every passenger so conveyed above the number allowed by such licence to be conveyed in the whole, or in the inside, or on or about the outside of such carriage respectively; and the driver of such stage carriage at the time when such offence shall be committed shall also forfeit five pounds. Two children under seven passenger. XXXV. Provided always, That no child or children in the lap shall be counted as a passenger or passengers under any of the clauses or years old reck- provisions of this act or of the Schedule (A.) hereto annexed; and that oned as one no child not in the lap, but under seven years of age, shall be so counted as aforesaid, unless there shall be more than one such child; and if there shall be more than one such child not in the lap, but under seven years of age, then two of such children shall be accounted equal to one adult person, and considered as one passenger, and so on in the same proportion. Particulars to XXXVI. That no stage carriage shall be used or employed unless nor be painted on until there shall be truly painted in words at length, and in legible and stage carriages. conspicuous letters one inch at the least in height, and of a proper and proportionate breadth, and in a colour different from and opposite to the colour of the ground on which such letters shall be painted, upon some conspicuous part of each side of such carriage, and clear of the wheel or wheels thereof, so that the same shall be at all times plainly and distinctly visible and legible, the christian name and surname of the proprietor or of one of the proprietors of such carriage, and also the names of the extreme places from which and to which such carriage shall be licensed to travel or go; and there shall also be painted in manner aforesaid, upon some conspicuous place on the back of such stage carriage, and so that the same shall be at all times plainly and distinctly visible and legible, the greatest number of passengers allowed to be carried in or by such carriage, and also when such carriage shall be licensed to carry both inside and outside passengers, the greatest number of passengers allowed to be taken in the inside and on the outside thereof respectively; and if any person shall use or employ any stage carriage upon which all such particulars as aforesaid shall not be truly painted in such legible and conspicuous letters and in manner aforesaid, or in case such particulars or any of them shall be partially obliterated or defaced from or upon any such carriage, then if any such person shall neglect to paint or cause to be painted again, in manner aforesaid, every particular so obliterated or defaced, such person so offending in any of the cases aforesaid shall forfeit five pounds. Penalty for neglecting to paint such particulars, 51. Certain stage carriages shall not take outside passengers or luggage. Penalty 51. Certain stage carriages may XXXVII. That no outside passenger nor any luggage shall be carried on the top or roof of any stage carriage the top or roof of which from the ground shall be more than eight feet nine inches, 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; and if any outside passenger or luggage shall be carried on any such carriage in any manner contrary to the directions aforesaid, the driver of such carriage at the time when such offence shall be committed shall forfeit five pounds. XXXVIII. Provided always, That any licensed stage carriage with four wheels or more, the top or roof of which shall not be more than No. III. 2 & 3 W. 4, c. 120. eight feet nine inches from the ground, and the bearing of which on the ground shall not be less than four feet six inches from the centre of the track of the right or off wheel to the centre track of the left or near wheel, and drawn by not less than four horses, shall be allowed to (1) carry ten outside passengers and no more; and that every such carriage as last carry certain aforesaid, when drawn by two or three horses only, and licensed to numbers of carry not less than four inside passengers, shall be allowed to carry six outside pasoutside passengers, and no more, and when licensed to carry not less sengers. than six inside passengers, shall be allowed to carry seven outside passengers, and no more; and such several numbers of outside passengers shall be reckoned exclusive of the driver, and also of the conductor or guard, if there shall be a conductor or guard of such carriage; and if any Penalty for greater number of outside passengers shall be carried by any stage car- carrying a riage than as herein before specified and allowed, the driver thereof at greater numthe time when such offence shall be committed shall forfeit five pounds. ber, 51. XXXIX. That in cases in which outside passengers are by this act Distribution of allowed to be carried by any such stage carriage as aforesaid nor more outside pasthan one of such passengers shall be allowed to sit or be carried upon sengers. the box with the driver, and that not more than three of such passengers shall be allowed to sit or be carried on the front of the roof, nor more than three other of such passengers on the back of the roof of such carriage, and that the remainder of such passengers, if there be any more than seven, shall be placed on some other safe and convenient seat on the hind part of such carriage; and if any more than one person besides Penalty 51. the driver shall sit or be carried upon the box of such carriage the driver of such carriage at the time when the offence shall be committed shall forfeit five pounds. XL. Provided always, That if the front and the back of the roof of Two additional any stage carriage on which outside passengers are allowed to be carried outside pasas aforesaid, or the seats placed upon the front and back of such roof for sengers allowed the purpose of carrying outside passengers, shall respectively be not less where the seats than five feet in length from one side to the other of such carriage, and on the roof are if there shall not be any luggage carried upon the top or roof of such of a certain carriage exceeding nine feet and nine inches in height from the ground, length, and no luggage is carmeasuring to the highest point of any part of such luggage when placed ried on the roof. upon the top or roof of such carriage, and if the top of the boot (if any) behind the body of such carriage, when empty, shall not be more than six feet from the ground, two additional outside passengers shall be allowed to be carried by such carriage; and in such case four passengers, and no more, shall be allowed to sit on the front, and four passengers, and no more, upon the back of the roof of such carriage or on the seats respectively placed thereupon as aforesaid, provided that in no case a greater number of passengers be carried on the outside of any stage carriage than the licence relating thereto shall authorize to be carried on the outside thereof. XLI. That if four or more passengers shall be carried on the front Penalty for part or on the back part of the roof of any stage carriage, such front part carrying more or back part being less than five feet in length, or on any seat placed upon passengers on the front part or on the back part of the roof of such carriage for the the roof than purpose of carrying outside passengers, such seat being less than five are allowed by this act, 5l. feet in length, or if four passengers shall be carried on the front part or on the back part of the roof of any stage carriage at the same time with any luggage on the top or roof of such carriage exceeding nine feet and nine inches in height from the ground, or if in any case more than four passengers shall be carried on the front part or on the back part of the roof of any stage carriage, the driver of such carriage at the time when sucho ffence shall be committed shall forfeit five pounds, XLII. That no stage carriage intended to carry luggage on the top or Stage carriages roof thereof shall be used or employed until a division or space shall have shall have a been made on the top or roof thereof allotted for such luggage, distinctly separate divi (1) See now the 3 & 4 W. 4, c. 48, post. |