space of Five Days, then such Constable or other Officer shall cause the Goods and Chattels, Carriages, Horses, Harness and other things so seized or taken to be sold, and shall render the overplus (if any) of the Money arising by the sale thereof, after deducting and retaining the amount of 5 such Duty and all the costs, charges and expenses aforesaid, as well as the charges and expenses of the sale, to the Person so distrained, or to the Owner of the Carriages, Horses, Harness or other things so seized and taken as aforesaid; and for the purpose of taking such Distress it shall be lawful for such Constable or Police Officer, or for such Officer of 10 Stamp Duties in the presence of any Constable or Police Officer, where any refusal or resistance shall be made, to break open in the day time. any House or place where any such Carriages, Horses, Harness or other articles or things, or any Goods or Chattels to be seized or taken under such warrant as aforesaid, shall be. 15 And be it Enacted, That upon every Hackney Coach which shall stand or ply for hire or which shall be let for hire within the distance of Five Miles from the General Post Office in the city of London, there shall be placed Four numbered Plates, to be provided by the Commissioners of Stamps for that purpose; which said Plates shall be 20 placed upon such Hackney Coach in the manner following (that is to say) one of such Plates, having the Number thereon denoted by projecting Figures, and to be provided for this especial purpose, shall be fixed in some conspicuous place in the Inside of such Hackney Coach; one other of such Plates, having the Number painted thereon, in some 25 conspicuous place on the Back of the Outside of such Hackney Coach; and the two remaining Plates, having the Number painted thereon respectively, shall also be fixed on the Outside of such Hackney Coach, one on the Panel of each Door in the side thereof, or if there be a Door only in one side thereof then one of such Plates shall be fixed 30 upon the Panel of that Door, and the other in some conspicuous place 1 In what man- ner Plates are on the opposite side of such Hackney Coach; or if there be no Door in either side of such Hackney Coach, then such Plates shall be fixed in some conspicuous place, one on each side of such Hackney Coach; and if it shall happen that the Commissioners of Stamps or their authorized 35 Officer shall be dissatisfied with the position of any Plate fixed or placed upon any such Hackney Coach, and shall direct such Plate to be placed upon some other conspicuous part of any such Hackney Coach, such Plate shall be placed and fixed accordingly upon any part of such Hackney Coach in compliance with such direction; and every such 40 Plate shall be placed and fixed upon every such Coach in such manner that the Number thereon shall be at all times plainly and distinctly Penalty for visible and legible; and if any Proprietor or Driver of any Hackney concealing Coach shall permit or suffer any such Plate or the Number on any such Plate placed or fixed upon the Outside of such Hackney Coach, to be in any manner or by any means concealed from public view, or to be 133. Plates, or op posing or endeavouring to prevent-Per sons inspect ing and taking inverted the Number thereof. Commissioners may inverted, or if such Proprietor or Driver, or any Waterman or Assistant to And be it Enacted, That whenever in the opinion of the Commis- 10 change Plates. sioners of Stamps or their authorized Officer it shall be expedient to recall any Plates for the purpose of changing the same for any other Plates bearing the same or a different Number, the said Commissioners or such Officer shall give Notice to the Person or to any one of the Persons to whom the License relating to such Plates shall have been 15 granted, that the said Commissioners or such Officer do or doth by such Notice recall such Plates; and the Person to whom such License shall have been granted shall within One Week after such Notice deliver up such Plates, and produce the License relating to the same, to the said Commissioners or to their authorized Officer, and also apply to the said 20 Commissioners or such Officer 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 if such new Plates shall bear a Number different from the Number mentioned in such License, the said Commissioners or such Officer shall indorse upon such License a Memorandum of the surrender of the Plates therein mentioned, and of the granting of such new Plates in lieu thereof; and from thenceforth such License 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 License: Provided 30 always, That if it shall appear to the said Commissioners or to their authorized Officer that the Number upon any such Plates so delivered up as aforesaid hath been wilfully obliterated or hath been rendered illegible by any other means than by the regular and proper use and wear thereof, it shall be lawful for the said Commissioners or such 35 Officer to refuse to deliver any Plates in lieu of the Plates so surrendered and delivered up as aforesaid, unless the Person applying for the same shall also surrender and deliver up the License relating to such surrendered Plates, and shall take out and pay for a new License with and relating to the Plates to be delivered in lieu thereof. Where Plates have been wilfully obliterated, a new License shall be required. Penalty for keeping, using, &c. a Hackney Coach without License. And be it Enacted, That if any Person shall keep, use, employ or let to hire any Hackney Coach at any place within the distance of Five Miles from the General Post Office in the city of London, without having a License in force so to do, or without having the proper num bered 25 40 5 bered Plates properly placed and fixed upon such Hackney Coach in the manner required by this Act; or if any Person to whom any License shall have been granted under this Act to keep, use, employ or let to hire a Hackney Coach, shall not within One Week after notice given to him in the manner directed by this Act, that the Plates to which such License shall relate have been recalled, deliver up the Plates mentioned in such Notice according to the terms thereof, and produce the License relating to such Plates, and apply for new Plates and fix such new Plates upon his Hackney Coach in the manner directed by this 10 Act, every such Person so offending in any of the several cases aforesaid shall forfeit Ten Pounds. Penalty on Drivers of out Plates. And be it Enacted, That if any Carriage shall be found standing or plying for hire as a Hackney Coach in any public street or road at any place within the distance of Five Miles from the General Posting for hire as Hackney 15 Office in the city of London, such Carriage not having the proper Coaches withnumbered Plates fixed thereon as required by this Act, the Driver of such Carriage, or the Person having the care thereof, not being the Owner or Proprietor thereof, shall forfeit Five Pounds, and if he shall be the Owner or Proprietor of such Carriage he shall forfeit Ten Pounds; 20 and it shall be lawful for any Constable or Police Officer, or for any Officer of Stamp Duties, without any Warrant for that purpose,to apprehend such Driver or other Person having the care of such Carriage, and to convey him before any Justice of the Peace to be dealt with as hereinafter mentioned; and it shall also be lawful for such Constable or Police 25 Officer or Officer of Stamp Duties to drive or take the Carriage not having such Plates, with the Horse or Horses or other Cattle harnessed thereto or drawing the same, or to cause the same to be driven or taken to some public Green Yard, or to some Livery Stables or other place of safety, and there to lodge the same for safe custody until the 30 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 or Proprietor of such Carriage, or of the said Horse or Horses or other Cattle, and if the penalty in which he shall 35 be convicted, together with the costs and expenses, and the expenses of taking such Carriage and Horses or other Cattle to and keeping the same at such Green Yard, Stables or other place, shall not be forthwith fully paid or discharged, such Carriage, Horses or other Cattle, together with the Harness used therewith, shall be immediately sold by Order 40 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 expenses, and also the expenses of such sale, shall be rendered to such Owner or Proprietor; but in case the Person so convicted shall not be the Owner or Proprietor of such Carriage or Horses, then in default of 133. D payment Carriages having thereon Plates provided under this Act, to be ney Coaches. payment of the penalty in which he shall be convicted, together with the And be it Enacted, That in any Complaint or other proceeding for the recovery of any Penalty incurred under this Act in respect of or with 15 relation to any Hackney Coach, if evidence shall be given that the deemed Hack- Carriage, in respect of which or in any manner relating to which any such proceeding shall be commenced or prosecuted, was seen in or upon any public street or road having thereon any numbered Plate provided in pursuance of this Act for the purpose of being fixed upon a Hackney 20 Coach, or having thereon any Plate resembling or intended to resemble any such Plate as aforesaid, such Carriage shall be deemed and taken to be a Hackney Coach, and such evidence as aforesaid shall be received as sufficient proof that such Carriage was kept, used and employed and let to hire as a Hackney Coach within the meaning of this Act; and that in all such proceedings as aforesaid, the Person named or described in the License (if any) granted with or relating to the number of the Plate fixed or placed upon any such Carriage, whether such License shall be in force or not, shall for the purposes of this Act be deemed to be the Owner of such Carriage. Forgery, &c. of Hackney Coach Plates a Misdemeanor. 25 30. And be it Enacted, That if any Person shall forge or counterfeit or shall cause or procure to be forged counterfeited or resembled any Plate or any part of any Plate directed to be provided or which shall have been provided made or used in pursuance of this Act or of any former Act relating to Hackney Coaches, for the purpose of being fixed or 35 placed upon any Hackney Coach as directed by this Act, or shall wilfully fix or place or shall cause or permit or suffer to be fixed or placed upon any Hackney Coach or other Carriage any such forged or counterfeited Plate or part of a Plate, or any Plate or part of a Plate falsely intending thereby to represent the Carriage upon which the same may be fixed 40 or placed to be licensed according to the provisions of this Act; or if any Person shall sell or expose to sale, or utter any such forged or counterfeited Plate, or any such forged or counterfeited part of any such Plate, or any Plate or part of any Plate intended so falsely to represent as 5 as aforesaid; 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, or any such forged or counterfeited part part of any such Plate, or any Plate or part of any Plate intended so falsely to represent as aforesaid, knowing such Plate or part of such Plate to be forged or counterfeited, or that such Plate or part of a Plate was made with intent so falsely to represent as aforesaid, every Person so offending, and every Person knowingly and wilfully aiding, abetting or assisting any person in committing any such offence as aforesaid, shall 10 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 it shall be lawful for any Officer of Stamp Duties or for any Constable or 15 Police Officer 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. Names of Proprietors to be painted on Hackney Coaches. Default. And be it Enacted, That no Hackney Coach shall be used or employed or let to hire, or shall stand or ply for hire, unless nor until 20 the true Christian Name and Surname of the Proprietor or of one of the Proprietors of such Hackney Coach shall be painted in legible and conspicuous letters of black or white (whichever shall most differ from the colour of the ground on which the same shall be painted) one inch and a half in length and of a proper and proportionate breadth, 25 upon some conspicuous part on the outside of the back of such Hackney Coach; and if any Person shall use, employ or let to hire any Hackney Penalty for Coach, or shall stand or ply for hire therewith, upon which the Christian Name and Surname of the Proprietor or of one of the Proprietors thereof shall not be truly painted thereon in such legible and conspicuous 30 letters and in manner aforesaid, or in case such painting shall be partially obliterated or defaced from or upon any such Hackney Coach, if any such Person shall neglect to paint the same or cause the same to be painted again and in manner aforesaid within Three Days after he shall be required so to do by the Commissioners of Stamps or by any 35 authorized Officer of Stamp Duties, such Person shall forfeit Five Pounds. And be it Enacted, That the Proprietor of any Hackney Coach who shall intend to employ any other Person to drive the same, shall, together with such intended Driver, make and sign a Requisition for a License for 40 such Driver, which Requisition shall be made in such form as the Commissioners of Stamps shall from time to time provide for that purpose, and shall set forth the true Christian Name and Surname and the Place of Abode of such Proprietor and Driver respectively, and thereupon it shall be lawful for any Two of the said Commissioners, or for any Person duly 133. authorized Drivers of Coaches to be licensed. Hackney |