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9 & 10 V., c. 27. Amending the Laws relating to Friendly Societies.
shall be binding and conclusive on all parties without any appeal, and no submission to
or award of the said registrar shall be liable to stamp duty. Sect. 16.-On any such reference the said registrar shall be authorized to require the
production before him of all books belonging to the said institution relating to the matter in dispute, and to administer an oath to any witness appearing before him, and any person wilfully giving false evidence before such registrar shall be deemed guilty of
perjury. Sect. 17.-Whenever any person in whose name any stocks are standing, as a trustee of any such society, is out of England, Ireland, or Scotland, or is bankrupt, insolvent, or lunatic, or it is unknown whether such trustee is living or dead, the said registrar may order such stocks to be transferred into the name of such person as such society may appoint, and also to pay over to such person the dividends of such stock, and whenever it happens that one or more only of such trustees is absent or bankrupt, &c. the said
registrar may order the other trustees to make the transfer as aforesaid. Sect. 18.–One of H.M.'s principal secretaries of state shall from time to time fix the
reasonable fees to be paid on any such reference or other proceedings as aforesaid, and all such fees shall in the first instance be paid by the trustees, and the registrar shall determine by his award, by which of the parties, and in what proportion, the expense of such fees shall be finally borne, and the trustees shall be entitled to recover the same from the party against whom they are awarded ; and (Sect. 19) for enforcing the payment of such fees any one justice of the peace residing in the county where the society is held, or within which the party resides may, upon complaint made upon oath by the party desiring to have the benefit of the award, summon the person against whom the costs are awarded to appear at a time and place to be named in the summons, and upon his appearance, or in default thereof, upon due proof upon oath of the service of such summons, any two justices, upon proof of the execution of such award, may order payment of the fees and money thereby awarded to be paid, with such costs not exceeding 10s. as the said justices shall award, and in case the same be not paid at the time specified in the said order, such justices shall, by warrant under hand and seal, cause the same to be levied by distress and sale of the goods of the person on whom such order has been made: Provided always, that in Scotland it shall be competent to enforce payment of such fees, and of any sum of money so awarded to be paid by proceeding before the sheriffs in the same manner as is by the law of Scotland competent for the
recovery of any debt of the like amount. Sect. 20.-Every transcript of the rules of any such society, and every award or other
proceeding, as aforesaid, purporting to be under the hand of the said registrar, shall be receivable in all courts, and before all justices, and others, as evidence that such rules have been duly certified, or such award duly made, or such proceeding had, until the
contrary be made to appear. Sect. 21.—The forms set forth in the schedule to this Act annexed may be used with
such alterations as may be necessary to adapt them to the particular circumstances of each case, and no objection shall be made or advantage taken for want of form in any proceedings whatsoever ; and (Sect. 22) this Act shall be construed with and as part of the said 10 G. 4, c. 56, and 4 & 5 W. 4, c. 40.
SCHEDULE TO WHICH THIS ACT REFERS.
Porm of Registrar's Certificate. I hereby certify that these rules for alterations of rules) are in conformity to law, and to the provisions of the statutes in force relating to friendly societies.
A. B.-The Registrar of Friendly Societies in England, (Ireland,
or Scotland], — day of
Form of Registrar's Award.
societies, I, A, B., the Registrar of friendly societies in England, [Ireland, or Scotland),
A. B.—The Registrar, &c. — day of
GAMES AND GAMING. L'NLAWFUL games and gaming-houses have been the subject of several statutes, for which see Dig., Part III., p. 22, et seq. Part of these statutes have been repealed by the 8 & 9 V. c. 109; that is to say, so much of the 33 H. 8, c. 9, as relates to certain games there declared to be unlawful ; the whole of 16 C. 2, c. 7, relating to monies won and lost at play, and so much of 9 A., c. 14, as was not affected by the 4 & 5 W. 4, c. 41, also relating to monies lost in gaming and wagering, and to contracts arising from such transactions.
The 7 & 8 V. cc. 3, 58, are temporary Acts, passed for the purpose of stay. ing proceedings by common informers against persons, under the provisions of the above-mentioned Acts, which are now altogether repealed, and other provisions are substituted in the repealing Act, see ante, 8 & 9 V., c. 109, ss. 1, 15, pp. 183, 185.
GOLD AND SILVER. THE 28 E. 1, c. 20; 2 H. 6, c. 14; 18 El., c. 15; 12 & 13 W.3, c. 4; 1 A. St. 1, c. 29; 6 G. 1, c. 11; 12 G. 2, c. 26 ; 15 G. 2, c. 20; 13 G. 3, cc. 52, 59; 24 G. 3, St. 2, c. 53; 38 G. 3, c. 69; contain various provisions as to the assaying and marking gold and silver wares, &c., see Dig., Part I. tit. GOLD AND SILVER. To these statutes may now be added the 7 & 8 V., c. 22, see INFRA.
7 & 8 V., c. 22. Amendment of the Law to prevent Frauds and Abuses in the
Marking Gold and Silver Wares.
of the first-recited Act, and so much of the last Act as relates to forging or counterfeiting
hard labour for any term not exceeding three years. Sect. 3.Every dealer in gold or silver wares, selling, or exposing to sale, or exporting or
importing, or having in his possession any ware of gold or silver, or of base metal, having, thereupon any forged or counterfeit die, or any counterfeit mark or imitation of a mark of any die used by any of the several companies of goldsmiths and guardians aforesaid for marking gold or silver wares, or having thereupon any mark that has been transposed or removed from any other ware of gold or silver shall, for every such ware, forfeit the sum of 101., to be recovered by any of the aforesaid companies : Provided always, (Sect. 4), if any dealer having such gold or silver wares with forged or counterfeit marks thereon in his possession, and twenty-one days after notice thereof being given to him by any of the said companies, make known to them the name and place of abode of the actual manufacturer of any such ware, he shall then be discharged from any penalty incurred for selling the same ; but nothing herein contained shall exempt any person from the legal consequences of uttering any such ware, knowing the same to be
marked with a counterfeit die. Sect. 5.- Where any alterations or additions are made to any ware of gold or silver
the same shall be again assayed and marked as new, and a fresh duty paid upon the whole. Provided always, that where the whole weight of the addition bears no greater proportion than four ounces weight to the pound troy, so that the character or use of such ware be not changed, no duty shall be paid except upon the addition; but if any dealer alters or adds anything to any ware without bringing the same to be reassayed and re-marked, or, if of no greater weight than above mentioned, without procuring the assent of any company thereto, and if he sell or expose such ware for sale
7 & 8 V., c. 22. Amendment of the Law to prevent Frauds and Abuses in the
Marking Gold and Silver Wares.
office, and every such ware of base metal so marked shall be seized. Sect. 8.-Every dealer in gold or silver ware, entering his private mark under the laws
now in force, with any of the said companies, shall give to the officer the particulars of every house, shop, or place, in which he carries on any part of his said business, as well as the place of his abode, that an entry thereof may be made at the hall or office of such company, and so, from time to time, shall cause an entry to be made of any other place where he may carry on business, on pain, in case of default, of forfeiting 51., to be sued for and recovered by any of the companies; and (Sect. 9) every fraudulent erasing, obliterating, or defacing any mark shall subject any dealer in gold and silver wares to a
penalty of 51. to be sued for and recovered by any of the companies. Sect. 10.–The several pecuniary penalties imposed by this Act shall be sued for and
recovered, with full cost of suit in any of H.M.'s courts of record at Westminster, by action of debt, bill, plaint, or information, in the name of any master, warden, assayer, clerk, or other officer, entitled to sue for the same, or where the penalty is forfeited to H.M. in the name of the Attorney-General or to H.M. in the name of an officer of stamp duties, before a justice of the peace, in like manner as any penalty may be recovered before any such justice, by any officer of stamp duties ; and every penalty to be sued for by the officer of any company shall be paid to such company, and
applied by the company in defraying the expenses of the assay office. Sect. 11.-Upon information given upon oath against persons suspected of having in
their possession illegal wares, justices may grant search-warrants to the officer of any company : Provided always, that nothing in this Act shall authorise the search for or seizure of wares not required to be marked by any of the companies of goldsmiths, or any of the wares following, namely, watch rings, watch keys, watch hooks, ear-rings, necklaces, eye-glasses, spectacles of gold, shirt pins or studs, bracelets, head ornaments, and waist buckles; and (Sect. 12) every die, punch or other instrument, which may be lawfully seized, shall be destroyed by any such company, and every such ware so seized, if it be shown to the satisfaction of the court or justice before whom the pro
ceedings be had, that the same has been lawfully seized, may be destroyed. Sect. 13.-All actions or prosecutions brought or commenced against any person for
anything done in pursuance or under the authority of this Act, shall be commenced and prosecuted within three months after the fact committed, and in the county where the cause of action arises ; and notice of the action, and of the cause thereof, shall be given to the defendant one month at least before commencement of action ; and the defendant may in such action plead the general issue, and give this Act and any other matter in evidence at any trial ; and if the cause of action appear to have arisen in any other county, or the action is brought after the expiration of the three calendar months, or is brought in any other than the proper county, or if notice is not given in manner aforesaid, or if tender of sufficient amends has been made before, or a sufficient sum paid into court after action commenced, the jury shall find a verdict for the defendant ; and if a verdict pass for the defendant, or the plaintiff become nonsuit or discontinue any such action, or if, on demurrer or otherwise, judgment shall be given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and shall have the like remedy for the same as any defendant may have for costs of suit in other cases at law; and although a verdict be given for plaintiff he shall not have costs against the defendant unless the judge certify in
writing his approbation of the action and of the verdict obtained thereon. Sect. 14.-In the construction of this Act the words “base metal” shall mean any metal
other than gold or silver of the respective standard required by law; the term dealer
7 & 8 V., c. 22. Amendment of the Law to prevent Frauds and Abuses in the
Marking Gold and Silver Wares,
same mark as silver wares, and that it is expedient for them to be marked differently,
HACKNEY AND STAGE CARRIAGES.
Synopsis of the Statutes. HACKNEY Carriages have been the subject of two statutes, namely, the 1 & 2 W. 4, c. 22, by which all former Acts are repealed ; and the 1 & 2 V., c. 79, (see Dig., Part I., tit. HACKNEY CARRIAGES); since which the 6 & 7 V., c. 86, has been passed, see INFRA. 6 & 7 V., c. 86. Regulating Hackney and Stage Carriages in and near London.
Sect. 1.- After reciting the 1 & 2 V., c. 79, the same is repealed, but all licences and
tickets granted under the recited Act are to continue (if not sooner suspended or revoked) for the time for which they were originally granted, or until new licences and
tickets be issued instead of them. Sect. 2.-In the construction of this Act the words “ Hackney Carriage" shall include
every carriage (except a stage carriage, which stands on hire or plies for passengers for hire at any place within the limits of the City of London ; the words “ Metropolitan Stage Carriage" shall include every stage carriage except such as on every journey go to or come from some town or place beyond the limits aforesaid ; the word “ Proprietor" every person, either alone or in partnership, keeping any hackney carriage or any metropolitan stage carriage, or concerned otherwise than as driver or attendant in employing for hire any such carriage ; “ Conductor,” every director or other person except the driver who attends upon the passengers in any metropolitan stage carriage ; "Waterman,” every person supplying water to the driver of hackney carriages at the standings where such carriages usually ply for hire, and every attendant upon any metropolitan stage carriage at places where they ply for passengers ; “ Passenger,” every person carried by any hackney carriage, or by any metropolitan stage carriage except one driver, and where there is a conductor, one
conductor ; and “ Horse,” every mare or gelding. Sect. 3.-So much of 1 & 2 W. 4, c. 22, as relates to hackney carriages and watermen, and
not hereby repealed, and except as to the appointment of watermen by the aforesaid commissioners (that is, the commissioners of stamps, 1 & 2 W. 4, c. 22) shall extend and apply to hackney carriages and watermen within the meaning of this Act : Provided always, that nothing in this Act contained shall render liable to the duties imposed by the said Act any hackney carriage not used for plying for fares at any place
within the distance of five miles from the general post-office in London. Sect. 4.-After reciting the provision in 1 & 2 W. 4, c. 22, which requires the owners of
every waggon, cart, or other carriage, to have his name painted on the same, it is enacted, that where the owner is a peer, it shall be deemed a sufficient compliance with
the said provision if his title only be painted in the manner therein described. Sects. 5, 6.-Appointment of registrar, deputy registrar, and other officers, and their
salaries. Sect. 7.-The proprietor of every metropolitan stage carriage shall keep distinctly painted,
both on the outside and inside of the same, the words “Metropolitan Stage Carriage,” or such other words as the registrar shall direct, together with the number of the stamp-office plate relating to such carriage ; and shall also, on the inside of every such carriage, keep distinctly painted in a conspicuous manner a table of fares, and the same shall be deemed to be the only lawful fares, and may be recovered by the driver or conductor as in the case of hackney carriages, in a summary way, before any justice of the
peace, and every proprietor making default in the premises shall forfeit the sum of 208. Sect. 8.--The registrar may grant licences to act as driver, conductor, or waterman of
such carriages respectively, to any person who can bring a certificate of good behaviour,
6 & 7 V., c. 86. Regulating Hackney and Stage Carriages in and near London,
provided that no person shall be licensed as driver who is under the age of sixteen ; and the licence shall specify the number, name, place of abode, age, and description of the person licensed, and the same shall continue in force until the 1st June next after the date thereof, unless the same be granted in the month of May, when it shall continue in force until the June of the year following, unless the same be in any case sooner revoked or suspended, and in case any of the particulars entered or endorsed upon any licence be erased or defaced, such licence shall be wholly void ; and (Sect. 9) a stamp duty of 58. shall be charged upon every licence ; and in the case of a new licence, if the party applying has not returned his metal ticket on the expiration of his former licence, the registrar may charge him an additional 58. ; and (Sect. 10) the party acting as driver, or otherwise, without a licence, shall be liable to pay the sum of 5l.; and the proprietor, for permitting any one to act without a licence, shall be liable to pay 10%; Provided that, if any party has been so employed for not more than twenty-four hours, or upon proof to the satisfaction of a justice of the peace that the employment was occasioned by unavoidable necessity, the proprietor shall not be subject to such last
named penalty. Sect. 11.--Watermen being removed to other standings, such removal must be endorsed
upon the licence on pain of forfeiting 40s. in case of default ; and (Sect. 12) watermen may, at the discretion of the registrar, be appointed temporarily; and any waterman in that case neglecting to return his licence and ticket when called upon so to do, shall forfeit 51.; and (Sect. 13) the registrar may cause water to be laid on for the use of any waterman willing to render himself liable to pay the water-rate ; and any waterman refusing to deliver up the key of the watercock when required so to do by the registrar,
shall forfeit 51., and so from time to time until he deliver up the same. Sect. 14.- Persons applying for a licence shall sign a requisition for the same, which shall
contain such particulars as the registrar shall direct ; and in case any such person makes a false representation, or if the person to whom reference is made wilfully makes any misrepresentation, the party in either case shall forfeit the sum of 51., recoverable by the registrar before a magistrate, within one month after commission of the offence ; and (Sect. 15) the driver, conductor, or waterman changing his abode, and neglecting for two days to give notice to the registrar of such change, shall forfeit for every such offence the sum of 208., recoverable at any time during the currency of the licence ; and (Sect. 16) the particulars of every licence shall be entered in a book in
the registrar's office. Sect. 17.-Tickets shall be worn by driver, conductor, and waterman, conspicuously on
his breast; and in case of default, or of refusing to let the same be inspected, he shall forfeit 40s.; and (Sect. 18) licences and tickets shall be delivered up upon the discontinuance of the licence, on pain of forfeiting 51.; and (Sect. 19) new tickets may be delivered instead of such as are defaced or lost; and if any ticket represented to have been lost, be afterwards found, and if the person in whose possession such ticket may come, refuse or neglect for three days to deliver the same to the registrar, or if any licensed person continue to wear a ticket after the writing thereon is obliterated, or the same be not distinctly legible, he shall forfeit 40s.; and (Sect. 20) forgery of any licence
or tịcket shall be deemed a misdemeanor, punishable with fine and imprisonment. Sect. 21.- The proprietor shall retain the licence of the driver, &c., and in case of com
plaint shall produce the party charged before a justice of the peace, who, if the charge be proved, shall endorse upon the licence the nature of the offence, and the amount of the penalty inflicted ; and every proprietor neglecting to require the licence to be
delivered up to him shall forfeit the sum of 31. Sect. 22.-Any justice of the peace shall hear and determine all disputes between pro
prietors and the person whom they employ ; but (Sect. 23) no agreements between drivers or others and proprietors shall be enforced unless the same be in writing ; and (Sect. 24) on the driver or conductor leaving the service of any proprietor, his licence shall, on demand, be returned to him : Provided always, that if the proprietor have any complaint against the party leaving, he may retain the licence for twenty-four hours, and within that time shall apply to the police court or some justice for a summons, and shall leave the licence with the clerk ; and in case of refusal or neglect to deliver up such licence within twenty-four hours, exclusive of Sunday, or any day on which the police court is not open ; or to apply for a summons, the justice, if he think there was no just cause for detaining the licence, or that there has been needless delay on the part of the proprietor, may order such compensation to be made to the said driver or conductor as he may think reasonable, and payment of such compensation shall be enforced in the same manner as any penalty under this Act, and the justice shall cause the licence to be delivered to the said driver, &c., unless any misconduct be proved against him ; and (Sect. 25) any justice of the peace before whom any driver,