Penalty on sure, or re fusing to count passengers, or to measure luggage, &c. ماة separated from the other part of the top or roof of such carriage by some railing or otherwise; and if any such stage carriage as aforesaid shall be used or (1) employed before or until such division or space as aforesaid shall be made, or if any luggage whatever shall be carried on the top or roof of any stage carriage not having such division or space as aforesaid, the proprietor of such carriage in either of the cases aforesaid shall forfeit five pounds. XLIII. That no luggage which shall be carried on the top or roof of any stage carriage drawn by four or more horses shall in any case exceed ten feet and nine inches in height from the ground, nor shall any luggage which shall be carried on the top or roof of any stage carriage drawn by two or three horses only in any case exceed ten feet and three inches in height from the ground, measuring to the highest point of any part of such luggage when placed upon the top or roof of any such carriages respectively; and if any such luggage shall in either of the cases aforesaid exceed the height by this act in that behalf limited, the driver of such carriage at the time when such offence shall be committed shall forfeit five pounds. XLIV. That it shall not be lawful for any person to sit or be carried upon any luggage placed on the roof of any stage carriage, nor upon that part of the roof allotted for luggage; and if any person shall sit or be carried upon any luggage or upon that part of the roof allotted for the same, contrary to the provisions of this act, he shall forfeit five pounds, and the driver of such carriage at the time when such offence shall be committed shall also forfeit five pounds. XLV. That the proprietor of any stage carriage and the driver thereof shall, when thereunto respectively required by any justice of the peace, or by any constable, or any surveyor of any highway or turnpike road, or by any toll-gate keeper, or any officer of stamp duties, or by any passenger travelling with such carriage, permit and allow such carriage and the luggage thereon to be measured, and the number of passengers in, upon, or about such carriage to be counted; and it shall be lawful for any passenger to require the driver of any stage carriage to stop the same at any toll gate, and to require the toll-gate keeper at such gate to count the number of passengers upon the box, and in, upon, or about such carriage, and to measure and ascertain the height of the luggage thereupon, and to sign a memorandum in writing of the number of such passengers in the inside and on or about the outside of such carriage (distinguishing the number on the box) and of the height of such luggage, and to deliver such memorandum to the person so requiring the number of passengers to be counted or the height of the luggage to be measured; and the toll-gate keeper at every such gate shall provide and keep at such gate a proper measure for measuring the height of any stage carriage and of the luggage thereupon; and if any proprietor of any stage carriage or the driver thereof shall, when thereto respectively required as aforesaid, refuse to permit and allow such carriage and the luggage thereupon to be measured, or the number of inside or outside passengers to be counted, or if such driver shall, on being so required as aforesaid, refuse or neglect to stop such carriage at any toll gate for the purpose aforesaid, such proprietor or such driver so refusing or neglecting as aforesaid shall forfeit five pounds; and if any toll-gate keeper shall neglect to provide and keep at any such gate a proper measure for the purposes aforesaid, or shall, on being thereunto requested as aforesaid, refuse to count the number of such passengers, or to measure and ascertain the height of such luggage, or to sign a memorandum in writing of the number of such passengers or of the height of such luggage in manner herein-before directed, or to deliver such memorandum so signed to the person entitled to require the same, or shall sign or give any memorandum in which any of the particulars aforesaid shall not be truly set forth, every such toll-gate keeper so offending shall forfeit five pounds : (1) This clause is repealed by the 3 & 4 W. 4, c. 48, post. No. III. c. 120. Provided always, that it shall not be lawful for any one passenger to require the driver of any stage carriage to stop the same for any such pur- 2 & 3 W. 4, pose as aforesaid more than once during any one journey, unless after the counting of such passengers or the measuring of such luggage any additional passenger or passengers shall be taken up, into, or upon such stage carriage, or additional luggage shall be placed on the top or roof thereof during the same journey. side XLVI. Provided always, That none of the regulations in this act con- Enactments as tained relating to the plates to be fixed upon any stage carriage, or to to plates, inany of the particulars to be painted upon any stage carriage, or relating scriptions, outto the placing of outside passengers or the luggage to be carried on the passengers and luggage, roof of any stage carriage, shall extend to any mail coach employed in not to extend the service of the general post office, built or constructed according to the regulations of the postmaster general, and carrying not more than four outside passengers. to certain mail coaches. at the horses' heads; XLVII. That if the driver of any stage carriage drawn by three or Penalty on more horses shall at any place where such carriage shall stop quit the driver quitting box of such carriage, or the horses drawing the same, without delivering the box before the reins into the hands of some fit and proper person, or before some a proper perfit and proper person shall be placed and shall stand at the heads of the son shall stand horses or some of them belonging thereto, and shall have the command thereof; or if any person so placed and standing at the heads of such horses shall leave such horses before some other proper person shall be placed and stand in like manner and have the command of such horses, or before the driver of such stage carriage shall have returned and seated himself upon the box and taken the reins; or if the driver of any stage carriage shall permit any passenger or any person other than him- or permitting self to drive the horses drawing such carriage; or if the driver of any any person to stage carriage shall quit the box of such carriage without reasonable dive, or quitoccasion, or for a longer time than such occasion shall absolutely re- ting the box; quire; or if the driver of any stage carriage shall suffer any plate or the or concealing number on any plate fixed or placed thereon pursuant to this act to be or misplacing in any manner concealed from public view, or shall suffer any such plates: plate to be inverted, or so fixed or placed that the number thereon shall not be plainly and distinctly legible; or if any person travelling as on guard disguard to any stage carriage shall, whilst the horses are harnessed or in charging fire the act of being harnessed thereto, and whilst any passenger shall be in, arms unnecesupon, or about such carriage, discharge any fire arms, except for the sarily; necessary defence of such carriage or of the passengers or luggage being in or about the same; or if the driver or conductor or guard on neglecting of any stage carriage shall neglect to take due care of any luggage what- to take care of soever carried or to be carried by such carriage; or if any such driver luggage, or or conductor or guard shall demand or receive for the fare of any pas- asking more senger more than the sum which such passenger shall be liable to pay, than the proper fare; or more than the money properly chargeable for the carriage of any luggage; or if any such driver or conductor or guard shall, when thereto or neglecting to required, neglect or refuse faithfully to account to his employer for all account to his monies received by him in respect of any passenger or any luggage employer; which shall be carried by such carriage; or if any such driver or conductor or guard shall assault or use abusive or insulting language to any person travelling or about to travel or having travelled as a passen- or assaulting or ger with or by such carriage, or to any person accompanying or attend- using abusive ing upon any such passenger in coming to or going from any such car- language to riage, every such offender in any of the several cases aforesaid shall for- any person. feit five pounds. XLVIII. That if the driver or conductor or guard of any stage car- Penalty on riage, or any other person having the care thereof, or employed in, upon, the driver or or about such carriage, shall, through intoxication or negligence, or by guard endanwanton and furious driving, or by or through any other misconduct, gering passenendanger the safety of any passenger or other person, or shall injure gers or property through neglior endanger the property of the owner or proprietor of such stage carriage or of any other person, every such person so offending shall forfeit five pounds. gence, &c. 51. No. III. 2 & 3 W. 4, c. 120. Owners to be liable for penalties in cases where driver or guard is not known or cannot be found. Proprietors of railways to keep and render accounts of the passengers conveyed along the same, and to pay the duty by this act charged thereon. der such ac counts and pay XLIX. That whenever it shall happen that the driver or conductor or guard of any stage carriage shall have committed any offence against this act for the commission whereof any penalty is by this act imposed upon such driver or conductor or guard, and not upon the proprietor of such carriage, and such driver or conductor or guard shall not be known, or being known cannot be found, then the proprietor of such carriage shall be liable to every such penalty as if he had been the driver or conductor or guard of such carriage at the time when such offence was committed: Provided always, That if any such proprietor shall make out, to the satisfaction of the justice of the peace before whom any complaint or information shall be heard, by sufficient evidence, not resting on his own testimony, that the offence was committed by such driver or conductor or guard without the privity or knowledge of such proprietor, and that no profit, advantage, or benefit, either directly or indirectly, has accrued or can accrue to such proprietor therefrom, and that he has used his endeavour to find out such driver or conductor or guard, and given all reasonable information in answer to inquiries respecting him, such justice shall discharge the proprietor from such penalty, and shall levy the same upon such driver or conductor or guard when found. L. That the proprietor or company of proprietors of every railway in Great Britain along which any passenger shall, after the tenth day of October one thousand eight hundred and thirty-two, be conveyed for hire in or upon any carriage drawn or impelled by the power of steam, or otherwise, shall from time to time keep and cause to be entered in a book or books to be kept for that purpose, and which shall at all times be open for the inspection and examination of any authorized officer of stamp duties, a just and true account of the number of passengers which shall be conveyed daily for hire in manner aforesaid along any such railway or any part thereof, and of the number of miles which such passengers shall respectively be so conveyed; and every such proprietor or company shall, within five days next after the first Monday in every calendar month, deliver to the commissioners of stamps, or to such officer as they shall authorize to receive the same, a true copy of the account by this act directed to be kept, so far as the same shall relate to the passengers conveyed as aforesaid, during the preceding four or five weeks (as the case may be), that is to say, from the first Monday in the preceding month up to and including the first Monday of the month in which such account shall be rendered; and to and with every such account there shall be annexed and delivered an affidavit or affirmation (to be taken before any one of his Majesty's justices of the peace) of the secretary, chief clerk, or accountant of such proprietor or company, stating that the deponent or affirmant has examined and checked such account with the books of the said proprietor or company, and that to the best of the knowledge, information, and belief of such deponent or affirmant such account doth contain and is a true and faithful account of the several matters and things required by this act; and such proprietor or company shall at the time of delivering every such account pay or cause to be paid to the receiver general of stamp duties, or to the officer authorized by the said commissioners to receive the same for the use of his Majesty, the duties chargeable under this act for or in respect of the passengers so conveyed according to such account. Proprietors of LI. That the proprietor or company of proprietors of every such railrailways to way shall, before any passengers shall be conveyed along the same in give security to manner aforesaid, after the tenth day of October one thousand eight keep and ren- hundred and thirty-two, give security by bond to his Majesty, with a condition that such proprietor or company shall from time to time keep and cause to be kept and rendered in the manner directed by this act the accounts by this act required to be kept and rendered by such proprietor and company respectively; and that such proprietor or company shall from time to time, upon every reasonable request of any authorized officer of stamp duties, produce and show to such officer, and permit him to inspect and examine, all and every the books and book of such pro duty. prietor or company in which any such account shall be contained or entered; and that such proprietor or company shall well and truly pay or cause to be paid for the use of his Majesty, at the times and in manner directed by this act, all and every the duties which shall from time to time become chargeable under this act for or in respect of the passengers which shall be so conveyed as aforesaid along such railway; and that such proprietor or company shall well and truly do and perform and cause to be done and performed all such acts, matters, and things as by this act are required or directed to be done or performed by or on the part or behalf of such proprietor or company; and every such bond shall be taken with sufficient sureties to the satisfaction of the commissioners of stamps, and in such sum as the said commissioners may judge to be the probable amount of the duties which may become payable by such proprietor or company under or by virtue of this act during the period of one quarter of a year; and every such security shall be renewed from time to time whenever and so often as such bond shall be forfeited, or as the parties to the same or any of them shall die or become bankrupt or insolvent, or reside in parts beyond the seas, and also whenever and so often as the said commissioners shall in their discretion require the same to be renewed; and if any proprietor or company of proprietors of any such railway as aforesaid shall, after the said tenth day of October, convey or permit or suffer to be conveyed in manner aforesaid, along such railway or any part thereof, any passengers for hire, without having first given such security by bond to his Majesty in manner herein-before directed, or if any such proprietor or company shall refuse or neglect to renew such security, whenever and so often as the same is or shall by or in pursuance of this act be required to be renewed such proprietor or company shall forfeit one hundred pounds for every day during the period for which there shall be any refusal, neglect, or default to give or renew such security as aforesaid. LII. Provided always, That it shall be lawful for the lords commis- Treasury may sioners of his Majesty's treasury, or any three or more of them, from compound with time to time, where and whenever they shall deem it expedient, to com- the proprietors pound and agree with the proprietor or company of proprietors of any of railways for such railway as aforesaid for any sum or sums of money less than the the duties amount of the duties which may be or become chargeable under this act, chargeable on to be paid by such proprietor or company in lieu of the said duties for passengers conor in respect of the passengers conveyed or to be conveyed along such veyed on such railways. railway, during any period of time not exceeding the term of seven years, and from time to time to renew any such composition for any further period, not exceeding the term aforesaid, upon such terms and conditions as may be agreed upon by and between the said lords commissioners and such proprietor or company. LIII. And for securing the duties granted by this act for and in res- On what horses pect of horses let for hire, and on licences to let such horses, be it let for hire enacted, That the said duties on horses let for hire shall be deemed to duties shall be attach and be payable upon or in respect of every horse let for hire, or charged. used either as a saddle horse or for drawing any carriage or vehicle conveying any person, and upon or in respect of every horse used for drawing any mourning coach or hearse, subject to the exemption immediately herein-after mentioned; (that is to say,) provided always, that the said Exemptions. duties shall not be deemed to attach or be payable upon or in respect of any horse used in drawing any public stage carriage duly licensed under the authority of this act, nor upon or in respect of any horse used in drawing any hackney carriage which shall be duly licensed by the commissioners of stamps or their proper officer, where the same shall be used to go no greater distance than ten miles from the general post office in the city of London, provided such hackney carriage shall be regularly and constantly used for the purpose of standing and plying for hire in the public streets or roads within the distance of five miles from the said general post office; nor shall the said duties be deemed to attach or be payable upon or in respect of any horse used in drawing any carriage kept or usually employed for the conveyance of fish. No. III. 2 & 3 W. 4, c. 170. Mode of cal culating duty where specific sums are charged for the hire of horses and carriages. Horses kept beyond the period for which they were hired to be deemed retained on a new By whom licences to let horses for hire shall be granted. Date and continuance thereof. Penalty on let ting without licence. On the death, &c. of a licensed post master, his re presentatives may act under his licence for thirty days. Collectors of duties shall transmit ac counts of persons licensed by them to the commissioners of stamps. Penalty for neglect, 1001. No licensed postmaster to let horses at LIV. That in the case of calculating the amount of duty to be paid when the same is expressed in Schedule (A.) to this act annexed to be one fifth part of the sum charged for the letting of any horse for hire, such one fifth part shall be calculated upon the whole sum charged for and in respect of such horse so let for hire, and of the carriage (if any) used therewith; and that in calculating the amount of such duty no factional part of any sum of money amounting to a less sum than one penny shall be charged; and that in all cases the inn, house, or other place at which any person shall be licensed to let horses for hire shall be deemed to be the place of letting for hire of every horse by him so let for hire; and that where any horse which shall have been let for hire at any period of time shall be retained and kept beyond the expiration of the time for which the same shall have been let for hire, without a new hiring, such horse shall be deemed, so far as relates to the duties imposed by this act, to have been retained and kept upon a new hiring, similar to that for which such horse was originally let for hire. hiring. LV. That the commissioners of stamps, or any two or more of them, or any collector or other officer of stamp duties duly authorized by the said commissioners for that purpose, shall grant to any person who shall apply for the same a licence to let horses for hire; and all such licences which shall be granted between the thirty-first day of January and the sixteenth day of March in any year shall be dated on the first day of February in that year, and all such licences which shall be granted at any other time shall be dated on the day on which the same shall be granted; and all such licences respectively shall have effect and continue in force from the day of the date thereof until the thirty-first day of January next ensuing, both inclusive, and no longer; and no person required by this act to be so licensed shall, unless he shall have obtained a proper licence in that behalf, let any horse for hire to be used in any of the cases aforesaid, upon pain to forfeit for every horse so let for hire as aforesaid the sum of ten pounds; and every person so licensed shall be deemed a licensed postmaster within the meaning and for all the purposes of this act. LVI. That if any licensed postmaster shall die, or become bankrupt or insolvent, it shall be lawful for his executor or administrator, assignee or trustee, or for any other person succeeding to or taking possession of his inn, house, or other place, to let horses for hire in manner aforesaid until such person shall procure such licence as herein-before directed; and such person shall not be liable to the penalty imposed upon persons letting horses for hire without being licensed in that behalf, provided such licence be taken out within thirty days next after the death, bankruptcy, or insolvency of any such licensed postmaster; and such person shall be subject to the same rules, regulations, and charges, and shall be liable to account for and pay the duties hereby imposed, in like manner as such deceased or bankrupt or insolvent postmaster was subject and liable to. LVII. That every collector of the duties on horses let for hire shall from time to time, once in every three months, make out and deliver or transmit to the commissioners of stamps at the head office for stamps in Westminster an account or list, in writing, of all the licences granted by him as such collector to any person to let horses for hire, and such list or account shall specify the christian names and surnames of the persons licensed, their places of residence, the names of the inns (if any) or other places at which they shall be licensed to let horses for hire, and the date of every such licence; and any collector who shall neglect or refuse to deliver or transmit any such account or list in manner aforesaid shall forfeit one hundred pounds. LVIII. That no licensed postmaster shall by virtue of any such licence be authorized to let any horse for hire at any inn, house, or place not specified in such licence, and that for and in respect of every more than one inn, house, or other place at which any such postmaster shall let any place by virtue of one licence. |
