Punishment of Hackney Coachmen or Watermen misbehaving. forthwith, then such Hackney Coach and Horses, and the Harness, or a sufficient part thereof to defray such expenses, shall be sold by Order under the hand of such Justice, and after payment thereout of all such Expenses as last aforesaid, together with the Expenses of such sale, the Surplus (if any) of the produce of such sale, together with such part of the said Hackney Coach, Horses and Harness as shall remain unsold, shall be rendered and restored to the Owner. 5 And be it Enacted, That if the Proprietor or Driver of any Hackney Coach, or if any Waterman or Assistant to Hackney Coachmen, shall make use of any abusive or insulting Language, or be guilty of other rude 10 Behaviour to or towards any Person whatever, or shall assault or obstruct any Officer of Stamp Duties, or any Officer of Police, Constable or other Peace Officer, Watchman or Patrole, in the execution of his duty, every such Driver, or Waterman or Assistant to Hackney Coachmen, shall forfeit Five Pounds, and in default of payment thereof he 15 shall be committed to the Common Gaol or House of Correction for any time not exceeding Two calendar Months; and after the Conviction after Convic- of any such Driver, or Waterman or Assistant to Hackeney Coachmen, for any such offence as aforesaid, it shall be lawful for the Commissioners of Stamps, if they shall think fit, to revoke the License of any 20 such Driver, Waterman or Assistant, and to refuse to grant him any further License in future. License may be revoked tion. Commission- Revocation of The Owners of Waggons, Carts, &c. driven within Five Miles of Temple Bar, to enter their Names and Places of And be it Enacted, That whenever the Commissioners of Stamps shall revoke any License granted under the authority of this Act to the Proprietor or Driver of any Hackney Coach, or to any Waterman or 25 Assistant to Hackney Coachmen, they shall forthwith cause a Notice of such Revocation, in such form as they shall think fit, and signed by any Two of them, to be given to the Person named therein as the Person licensed, or left for him at the place mentioned in such License as the place of his abode; and in case he shall have quitted such place, or the 30 same shall be a false or fictitious place of abode, then the said Commissioners shall cause such Notice to be posted up in some public place at the said Head Office for Stamps in Westminster, which shall be deemed a good and sufficient Notice of such Revocation to all intents and purposes. And be it Enacted, That from and after the commencement of this Act every Master or Owner of any Waggon, Cart, Car, Dray or other such Carriage which shall be driven or used within the distance of Five Miles from Temple Bar in the city of London, shall enter his true Christian Name and Surname and Place of Abode with the Commissioners Abode at the of Stamps or their authorized Officer at the Head Office for Stamps in 35 40 riage shall be changed, the new Master or Owner thereof shall also, before the same shall be driven or used within the distance aforesaid, enter his true Christian Name and Surname and Place of Abode at the said Head Office in like manner; and for every such Entry as aforesaid 5 there shall be paid the sum of One Shilling and no more; and the said Commissioners and their said Officer are hereby respectively required to receive such Entry, and to register and number the same in the Book to be kept at the said Head Office for that purpose, and also to deliver to the Person making such entry a Ticket specifying in figures the Number 10 thereof; and the Master or Owner of every such Waggon, Cart, Car, Dray or other such Carriage shall thereupon, and before the same shall be driven or used within the distance aforesaid, paint or cause to be painted upon some conspicuous place on the Off-side of such Waggon, Cart, Car, Dray or other such Carriage, and clear of the wheel thereof, 15 in legible and conspicuous letters and figures of black or white (which ever shall most differ from the colour of the ground on which the same shall be painted) the true Christian Name and Surname and Place of Abode of every such Master or Owner thereof, and the Number of such entry and registry thereof as aforesaid, and all such letters shall be 20 painted at least one inch and a half in length, and all such Figures shall be painted at least two inches in length, and all such Letters and Figures respectively shall be painted a proper breadth in proportion to the length thereof, and shall be repainted or renewed in like manner from time to time as often as the same or any part thereof shall become obli25 terated or defaced. Books to be open for Inspection. And be it Enacted, That it shall be lawful for any Person to inspect Register such Register Book of Waggons, Carts, Cars, Drays and other such Carriages whenever and as often as he shall have reasonable cause so to do, and the Commissioners of Stamps, and their Officer keeping 30 such Register, are hereby respectively required, upon request of any 35 Person having such reasonable cause to inspect the same, to produce such Register Book for inspection, and to make and give to such Person a true copy of any such Entry therein as shall be required; and such Officer is hereby authorized to demand and receive for every such Search and a copy of every such Entry, the sum of Four-pence and no more, and the like Sum where only such Search shall be made, although no copy of such Entry shall be required. And be it Enacted, That if any Person, from and after the Fifth Penalty for driving any day of April one thousand eight hundred and thirty-two, shall drive or Waggon, &c. within Five 40 use or cause to be driven or used within the distance of Five Miles from Miles of 'Temple Bar, Temple Bar in the city of London, any Waggon, Cart, Car, Dray or without hav other such Carriage, unless the Master or Owner thereof shall have ing the Name, duly entered at the said Head Office for Stamps his true Christian Owner and Name and Surname and Place of Abode; and unless such Christian of the Registry painted 133. thereon. Name &c. of the the Number Such Waggon, &c. may be seized and detained until such Penalty Le paid. And on Non payment of such Penalty on Conviction, such Waggon, &c. may be sold to raise the same. Duties and Penalties how recoverable. Where and before whom be heard and determined. any 5 Name and Surname and Place of Abode respectively, together with the And be it Enacted, That all the Duties, Fines, Penalties and Forfeitures granted or imposed by, or which may be incurred under this Act, 30 shall and may be sued for and recovered by all such ways and means, summary or otherwise, and in such manner and form as are and is or at any time hereafter shall be provided by law for the recovery of any Duties, Penalties or Forfeitures granted or imposed by any Act relating to Stamp Duties, as well as by the particular ways and means provided 35 and directed by this Act. And be it Enacted, That it shall be lawful for His Majesty's Principal Offences shall Secretary of State for the Home Department, by such orders and under such regulations as he shall from time to time think fit to make in that behalf, to direct any one of His Majesty's Justices of the Peace ap- 40 pointed or to be appointed under any Act or Acts for regulating the office of a Justice of Peace in the Metropolis, to attend daily from the hour of Eleven in the forenoon until the hour of Three in the afternoon, at such one of the public Police Offices of the Metropolis, or at such other 5 other office or place as the said Principal Secretary of State shall appoint in that behalf, for the purpose of hearing and determining Offences against the provisions of this Act; and that it shall be lawful for any Justice of the Peace who for the time being shall be in attendance at such public Police Office, or other office or place to be appointed for that purpose as aforesaid, to hear and determine all such Offences as aforesaid in a summary manner, wheresoever the same may have been committed: Provided always, That it shall also be lawful for any other of His Majesty's Justices of the Peace, having jurisdiction where any such 10 Offence as aforesaid shall be committed, in like manner to hear and determine the same at any place within his jurisdiction. And be it Enacted, That it shall be lawful for any such Justice as aforesaid, upon Complaint made by any Person of any Offence against the provisions of this Act, to summon the Party accused, and also the 15 witnesses on either side, to appear before the said Justice, or before any other Justice of the Peace, at a time and place to be appointed for that purpose, and either on the appearance of the Party accused, or in default thereof, it shall be lawful for such Justice, or any other Justice present at the time and place appointed for such appearance, to proceed to 20 examine into the matter of fact, and upon due proof made thereof, by voluntary confession of the Party, or by oath of one or more credible witness or witnesses, to give Judgment for the Penalty or forfeiture, and, on non-payment thereof, together with the Costs of such proceedings, to commit such Offender to Prison, where such commitment is 25 specially directed by this Act; and in any case where such commitment is not so specially directed, such Justice is hereby required to award and issue out his warrant for the levying of any Penalty or forfeiture so adjudged, together with the said Costs and Expenses, and also the Costs and Expenses of such warrant and of levying the same on the goods of the 30 Offender, and to cause sale to be made of such goods, in case they shall not be redeemed within Five Days, rendering to the Party the overplus (if any;) and where goods of such Offender cannot be found sufficient to answer the Penalty and all such Costs and Expenses, to commit such Offender to Prison, there to remain for any time not ex35 ceeding Three calendar Months, nor less than One calendar Month, unless such Penalty and all such Costs and Expenses shall be sooner paid, and every such Imprisonment shall be with or without hard labour, as such Justice shall direct; and all such Proceedings, and the Judgment of the said Justice thereon, shall be final and conclusive between the Parties, and shall not be quashed or vacated for want of form, and shall not be removed by certiorari or any other writ or process into any superior Court, any law, statute or usage to the contrary notwithstanding. 40 And be it Enacted, That every Conviction, and every Warrant of Distress or Commitment, which shall be respectively made or issued 133. H in Mode of proPenalties beceeding for fore a Justice of the Peace. Convictions and Warrants to be drawn up according to the Forms in the in any proceedings for the recovery of any Duty or Penalty under the Schedule (D.) provisions of this Act, may be drawn or made out according to the several Forms contained in the Schedule (D.) hereunto annexed, or to the effect thereof, mutatis mutandis, as the case shall require; and every such Warrant and Conviction respectively which shall be so drawn or made out shall be good and effectual, without stating the case or the facts or evidence in any more particular manner than is required by such Forms respectively. Justices may issue War rants or Sum monses to compel the Appearance of Hackney Coachmen and Water men to answer Complaints. Penalty on Witnesses neglecting to attend, or re fusing to give Evidence, 51. Service of 5 Provided always, and be it Enacted, That it shall be lawful for any Justice of the Peace, upon any Complaint being lodged before him 10 against the Proprietor or Driver of any Hackney Coach, or against any Waterman or Assistant to Hackney Coachmen, under the provisions of this Act, to issue a Warrant for the apprehension of such Proprietor or Driver, or such Waterman or Assistant, or a Summons for his appearance to be examined touching the said Complaint or to answer the 15 same, as to such Justice shall seem fit. And be it Enacted, That if any Person who shall be summoned as a Witness to give evidence before any Justice of the Peace touching the matters alleged in or relating to any Information, Complaint or other Proceeding depending before such Justice under the authority of this Act, 20 shall neglect or refuse to appear before such Justice at the time and place to be for that purpose appointed, without a reasonable excuse to be allowed by such Justice, or if any Person so summoned shall appear but shall refuse to be examined and give Evidence before such Justice touching the matters aforesaid, every Person so offending shall forfeit 25 Five Pounds. And be it Enacted, That any Summons issued by any Justice of the Peace requiring the appearance of any Defendant or of any Witness or other Person, with reference to any Information, Complaint or other proceeding pending for the recovery of any Duty or Penalty under this 30 Act, shall be deemed to be well and sufficiently served in case either the Summons or a copy thereof be served personally on any such Person as aforesaid, or be left at his usual or last place of abode; or (in case such person be a licensed Proprietor or Driver of a Hackney Coach, or a licensed Waterman or Assistant to Hackney Coachmen) 35 at the place specified in any such License as the place of abode of such Proprietor or Driver or Waterman, as the case may be; and if the place so specified cannot be found, or if such Proprietor, Driver or Waterman shall not be known thereat, then such Summons shall be deemed to be well and sufficiently served if the same or a copy thereof 40 be fixed up in some conspicuous place in the said Head Office for Stamps to be appointed for that purpose. And |