-and shall have 1s. above the regular fare for every additional number of inside adult person over that number, and if he shall drive into the passengers. country, and there wait, and return with any additional adult person, whom he shall agree to carry, and shall carry, and after waiting return with, he shall have 1s. for going, and 1s. for returning, above his regular fare.

54 G. 3. c. 147. number of perLimiting the sons to be carried:

And by 54 G. 3. c. 147. § 14. after reciting stat. 48 G. 3. c. 87. 6. and that whereas doubts have arisen as to what shall be termed an agreement to carry, and also as to the word adult in the said act; it is enacted, that every hackney coachman may in coaches. refuse to carry more than four adult or grown-up persons, (and not being children in arms or lap) in his coach, and a servant outside, at one and the same time, and shall not at any time be compellable to carry above that number of such persons; but if he shall agree to carry, or shall actually carry above that number of such persons in his coach at one and the same time, he shall be entitled to demand, and to receive and be paid for every such additional person, of whaterer age he or she may be (not being a child in arms or lap), whom he shall so agree to carry, or shall actually carry, one shilling over and above the regular fare, under the circumstances, and as allowed by the said act.

55 G. 3. c. 159. Regulation as to

the number of

carried in cha

persons to be

See also 54 G. 3

And by stat. 55 G. 3. c. 159. § 3. no owner or driver of any hackney chariot shall be compellable or compelled to carry more than three persons, (not being children in arms or lap) in his chariot, and a servant on the outside at the same time, but every owner or driver of any hackney chariot who shall actually carry riots. any greater number shall be entitled to demand and to receive for every such additional person (not being a child in arms or lap), the sum of one shilling over and above his regular fare; and if he shall carry any such additional person into the country, and bring the same or any other additional person back again, shall be entitled to demand and receive, over and above his regular fare, the sum of one shilling for going into the country, and the sum of one shilling for returning.

And by § 4. no owner or driver of any two-wheeled carriage shall be compellable to carry more than two persons. By 48 G. 3. c. 87. § 7. if drivers be directed to wait at places of public resort, he shall receive of those so directing him, a reasonable sum in hand above the fare for driving thither, the sum so received to be accounted for when such coach shall be finally discharged.

c. 147 $17.

In two-wheeled carriages.

48 G. 3. c. 87. Waiting at public places.

tended.

By 55 G. 3. c. 159. § 11. in case any driver of any hackney 55 G. 3. c. 159. coach or chariot shall leave his coach or chariot at any theatre or Punishing hackother place of public resort or entertainment unattended, whether ney coachmen he shall be hired or not, it shall be lawful for any inspector of for leaving their coach unathackney coaches, officer of police, constable, or other peace officer, watchman, or patrole, to drive away such coach or chariot, and deposit the same at the nearest place of deposit; and the driver of such hackney coach shall be subject and liable to a penalty not exceeding five pounds, to be levied, in case of non-payment, by distress upon the goods and chattels of the offender.

But by 12 G. 3. c. 49. § 2. no person, who shall regularly use 12 G. 3. c. 49. such hackney coach as a stage coach to and from any of the towns Using a hackney or places in the neighbourhood of London or Westminster, shall coach as a stage be obliged to carry any fare out of the ordinary course of his stage

coach,

11 G. 3. c. 28. Drivers to have check strings.

1 G. 1. stat. 2. c. 57. Mourning coaches.

24 G. 3. sess. 2. c. 27.

Carts, &c.

within the bills.

7 G. 3. c. 44.

Rates for chairs.

9 Ann. c. 23.

1 G. I. stat. 2. c. 57.

Bye-laws.

1 G. 1. stat. 2. c. 57.

Drivers refusing to go, or overcharging.

48 G. 3. c. 87. Exacting more than their farc.

work or duty; provided that he do, by painting in legible characters on the door of such coach, or on a board to be affixed on such door, plainly denote and distinguish the same to be a stage coach to and from any such town or place.

By 11 G. 3. c. 28. § 2. the commissioners shall order the several persons who take out licenses for hackney coaches that they provide check strings or wire to be placed in such convenient part of every such coach as to the said commissioners shall seem meet; and every hackney coachman, plying for hire without such check string or wire, shall forfeit 5s., to be recovered as other penalties by any law relating to hackney coaches.

By the 1 G. 1. stat. 2. c. 57. § 3. no unlicensed person shall ply with any coach or hearse, or shall let to hire, any mourning coach, within the liberties aforesaid, on pain of 51. as for driving unlicensed.

By 24 G. 3. sess. 2. c. 27. § 7. if any person shall drive a mourning coach or hearse to a funeral within the cities of London or Westminster, or the suburbs thereof, or elsewhere within the bills of mortality, or within five miles of Temple Bar, without having a number fixed on the fore standard, shewing it to be licensed, he shall forfeit 51. And on information given to the commissioners, they may summon the driver thereof, and although no express hiring shall be proved, it shall be adjudged a driving for hire.

§ 8. No person shall drive any cart, car, dray, or other such like carriage within the limits aforesaid, or within the borough of Southwark, except the owner thereof shall have entered his name and place of abode with the said commissioners; and also caused his name, and the number of such carriage, to be put upon some conspicuous part thereof: And in case of neglect or refusal, every such owner or driver of such carriage, so residing and driving within the limits aforesaid, shall be liable to all the penalties and forfeitures created by any laws now in being relative to the owners or drivers of such like carriages.

But in the case of R. v. Powell, 4 T. R. 572. it was determined that the owner of a cart, who does not reside within the bills of mortality, or within five miles of Temple Bar, need not enter his name and place of abode with the commissioners of hackney coaches, or have his name, or any number upon the cart, though it be driven within those limits.

And by 7 G. 3. c. 44. § 13. a chairman may take for any distance not exceeding one fmile, 12d. ; for any distance above one mile and not exceeding one mile and four furlongs, 1s. 6d.; for every further distance not exceeding four furlongs, 6d. ; and by the hour 18d. for the first hour, and 6d. for every half hour after.

And by 9 Ann. c. 23. § 16, 17.-1 G. 1. st. 2. c. 57. § 1. the commissioners may make bye-laws, to bind all persons licensed, and the renters of such licenses, and the drivers. The same to be approved by the lord chancellor, commissioners of the great seal, two chief justices, and chief baron, or three of them.

By 1 G. 1. st. 2. c. 57. § 2. if any hackney coachman shall refuse to go at or exact more for his hire than according to the above act or bye-laws, he shall forfeit a sum not exceeding 31. nor under 10s. By 48 G. 3. c. 87. § 11. hackney coachmen exacting more than their fare shall be liable to the penalties, and their fares shall be recoverable, as under former acts.

And by 39 & 40 G.3. c. 47. § 5. every hackney coachman where 39 & 40 G. 3. coaches are standing shall be compellable to go with any person c. 47. when desired, and on refusal (unless he prove being hired,) shall Coachmen combe liable to the like penalties as persons refusing to carry for hire, pellable to go. by any law now in being.

chairmen.

By 9 An. c. 23. § 44. if any person who shall drive a coach or 9 Ann. c. 23. carry a chair for hire, acting under a person licensed, shall be guilty Misbehaviour of of misbehaviour, by demanding more than his fare, or giving abusive coachmen or language, or other rude behaviour; he shall, on conviction on oath, forfeit not exceeding 20s. to the poor; and if he shall not be able or shall refuse to pay, he shall be committed to Bridewell or some other house of correction, to be kept to hard labour for seven days, and receive the public correction of the house before he be discharged.

And by 9 An. c. 23. § 49. 7 G. 3. c. 44. § 16. on misbehaviour 9 Ann. c. 23. of a coachman or chairman by abusive language, or otherwise, the 7 G. 3. c. 44. commissioners may revoke his licence, or inflict on him a penalty,

not exceeding 31. to the poor; and on non-payment, he shall be committed to Bridewell or some other house of correction, to be kept to hard labour for 30 days.

By 55 G. 3. c. 159. § 13. it shall be lawful for the said com- 55 G. 3. c. 159. missioners, or the major part of them, or any justice of the peace, Commissioners upon any complaint being lodged before them against any owner or justices may or driver of any hackney coach or chariot, or against any waterman or assistant to hackney coachman, or against any chairman, to issue their summons for the appearance before them, or their warrant for the apprehension of such owner, driver, waterman, or chairman, to be examined touching the said complaint, or to answer the same, as the case may be.

summon, on complaint, owners, drivers, assistants, or watermen,

before them.

Punishing drivers of hackney coaches, chairmen, or

watermen, for

§ 14. Every driver of any hackney coach or chariot, or any chairman or waterman, who shall make use of any abusive or insulting language, or other rude behaviour, or who shall obstruct any inspector of hackney coaches, officer of police, constable, or other peace officer, watchman, or patrole, in the execution of his duty, using abusive and who shall on complaint being made before any justice of the language, or peace, or the commissioners of the hackney coaches, or the major obstructing po part of them, be convicted of the same, shall be subject and liable lice officers, &c. to a penalty, at the discretion of such justice or commissioners, not

in any case exceeding 101., and in default of payment to be com

mitted to prison for a period not exceeding two months.

By 7 G. 3. c. 44. § 15. in every case where any person for 7 G. 3. c. 44. any offence mentioned in any law relating to the licensing and regulating of hackney coaches and chairs shall be liable to be com mitted to prison, it shall be lawful for the commissioners, or any three or more of them, either to commit such offender to prison as by any former act and for any time not exceeding one month, or to commit such offender to Bridewell or other house of correction, there to be kept to hard labour for any time not exceeding one month, and also to receive the correction of the house.

By 10 G. 3. c. 44. §5. in all cases where they may commit of 10 G. 3. c. 44. fenders to Bridewell or other house of correction as aforesaid, they may commit them immediately upon such offenders being convicted before them.

By 9 Ann. c. 23. § 22. 23. if any person shall refuse to pay, or 9 Anm. c. 23. shall deface any coach or chair, any justice may grant his warrant Persons refusing to pay.

55 G. 3. c. 159. Where persons refuse to pay the driver his fare,

or for damages, justices may grant summons or warrant.

Agreement to pay more than established fare not binding.

Penalty.

57 G. 3. c. 125. Coachman not to charge more than the sum agreed for, though he exceeds the distance.

48 G. 3. c. 87. Compensation to be paid to hackney coachmen

improperly summoned.

to bring him before him; and on proof upon oath may award satisfaction to the party, and on refusal to pay, may bind him over to the next sessions, who may determine the same.

pay

And by 55 G. 3. c. 159. § 6. after reciting that whereas by the laws now in force " authority is given to justices of the peace to award satisfaction, in case of persons refusing or omitting to pay to coachmen or chairmen the money due for the hire of their coaches, or wilfully injuring such coaches or chairs, and to issue their warrants for bringing such persons before them, but no authority is given to enforce the payment of such satisfaction so awarded, and it is expedient that such authority should be given; it is enacted, that if any person shall refuse or omit to the driver of any hackney coach or chariot, or any chairman, the money justly due to him for the hire of the coach or chariot or chair hired, or shall wilfully deface or in any manner injure the same, it shall and may be lawful for any justice of the peace upon complaint thereof to grant a summons, or if it shall appear to him necessary, a warrant for bringing before him the offending party or parties, and upon proof made upon oath to award reasonable satisfaction to the party so complaining for his damage and costs, and also a reasonable compensation for the loss of time on his attendance in establishing such complaint, and upon refusal to pay or make such satisfaction, to commit such person or persons to prison, there to remain for any time not exceeding one month, or until the amount of such satisfaction shall be paid and discharged."

§ 10. "No agreement or engagement whatever, at any time or on any occasion, made with the driver of any hackney coach or chariot, for the payment of more than his established fare, shall be binding on the person or persons making the same, but any such person or persons may, notwithstanding any such agreement or engagement, refuse, on discharging such coach or chariot, the payment of any sum beyond the established fare; and in case such person or persons shall actually pay to the driver of any hackney coach or chariot, whether in pursuance of any such agreement or engagement or not, any sum exceeding his established fare, which shall have been demanded or required by such driver, the person or persons paying the same shall be entitled, on complaint against such driver, to recover the overplus paid; and such driver shall be subject and liable to a penalty not exceeding 51., to be levied in case of non-payment by distress upon the goods and chattels of the offender.

But by 57 G. 3. c. 125. § 3. “it shall be lawful for any person to require any hackney coachman to drive for a stated sum of money a distance in the discretion of such hackney coachnian; and in case such coachman shall exceed the distance to which such person was entitled to be driven for such stated sum of money, the coachman shall not be entitled to demand more than the sum for which he was so engaged to drive."

By 48 G. 3. c. 87. § 8." whereas by the laws now in force, hackney coachmen are not obliged to go with persons desirous of hiring their coaches; and whereas they have been oftentimes improperly summoned for refusal; it is enacted, that every hackney coachman who shall in civil and explicit terms declare to any person desirous to engage his coach, either that he hath been at work 12

refuse a fare

55 G. 3. c. 159. Drivers not to although they may have been

out twelve hours.

Drivers of hack

hours with his coach and horses, or that he is actually hired, and 48 G. 3. c. 87. shall afterwards be summoned for refusal, and shall prove that he had been so at work, or so bona fide hired, and it shall not appear that he conducted himself improperly to the party summoning, he shall not be punished, but the commissioners for licensing hackney coaches before whom such complaint shall be heard, shall require the person summoning to compensate the coachman for loss of time in attending the office, not exceeding 5s. nor less than 3s., to be levied and recovered as any other penalty relating to hackney coaches. But by 55 G. 3. c. 159. § 12. no driver who shall ply for hire, shall refuse, on the pretext of having been out twelve hours, (although he may have been out that time), to go with any person or persons desirous of hiring his coach or chariot, in any direction, or to any distance prescribed by law, at the established fares." § 9. Every driver in whose coach or chariot any property whatever shall be left, by any person or persons hiring the same, and ney coaches who shall not carry such property within four days after the same wherein any shall have been so left, in the state in which it was found, to the property shall hackney coach office, and deposit the same with one of the clerks of the said office, shall be liable to a penalty not exceeding 201. at the discretion of the commissioners; and the clerk with whom such property is deposited, shall give a receipt for the same, and make an entry in a book to be kept at the said office, of the description thereof, and the name and address of the driver, and the day on which brought; and the property so entered shall be returned to the persons respectively, who shall prove to the satisfaction of the commissioners that the same belonged to him or her, such person previously paying all expences incurred, together with such reasonable sum to the driver as with reference to their value the commissioners shall award. Provided, that if such property shall not be proved to belong to some person within one year, the same having been advertised in such way as shall have been directed by the commissioners, such property shall be sold, and, after deducting the expenses incurred from the produce, the balance shall be paid to the driver ho deposited the same.

be left, to carry the same to the hackney coach office within certain time.

a

By 26 G. 3. c. 72. § 3. if any hackney coachman or his renter, 26 G. 3. c. 72. shall be in arrear for any rent made payable by his licence for any longer time than is expressed therein, the said commissioners may revoke such licence, and levy the money upon the goods of either the owner or renter, in like manner and form as by any law now in being with respect to the owner.

By 9 Ann. c. 23. § 12. the rents and penalties to be levied by 9 Ann. c. 23. distress, by warrant of three commissioners; which distress shall be Rents and pesold in ten days, returning the overplus, charges of the distress nalties may be and of the warrant being first deducted (if on seven days' notice levied by distress. they pay not the fine without such warrant); and in default of distress, to be imprisoned till paid and if any rent shall be unpaid for 14 days, the commissioners may withdraw the licence.

pu

9 Ann. c. 23.
IG. 1. stat. 2.

c. 57•
4 G. 3. c. 36.

And moreover by 9 Ann. c. 23. § 17.-1 G. 1. st. 2. c. 57. § 7. -4 G. 3. c. 36.—7 G. 3. c. 44. § 19.10 G. 3. c. 44. §7. the breach of the bye-laws and of these rules and orders may be nished by any justice of the peace, mayor, bailiff, or other magis-G. 3. c. 44. trate, where the offence shall be committed, in like manner as by the 10 G. 3. c. 44.