6 & 7 V., c. 86. Regulating Hackney and Stage Carriages in and near London. &c., is convicted of any offence, may, if he think fit, revoke or suspend his licence, and for that purpose may require the licence and ticket to be delivered up to him, and any person refusing to deliver the same shall forfeit 5l.; and the justice shall send the same to the registrar, who shall cancel the same in case of its being revoked, or re-deliver it at the end of the time for which it was suspended, as the case may be ; and (Sect. 26) when any hackney carriage licence is discontinued or revoked, the stamp-office numbered plate in respect of the same shall be delivered up to the commissioners of stamps and taxes; and in case of default, the same may be seized wherever found; and any person molesting or obstructing the officer who makes the seizure shall forfeit the sum of 51.; and if the licence be found in the possession of any one not having a licence relating to the same, and it was so possessed with the consent of the person to whom the same was granted, it shall be lawful for the commissioners to revoke the licence to which the plate relates.

Sect. 27. No person shall act as driver or conductor of any carriage without the consent of the proprietor on pain of forfeiting 40s.; and every one charged with such offence, who, when required by a justice of the peace so to do, does not truly make the name and place of abode of any person known who has suffered him to act, without such consent, and also the number of the ticket of such person (if licensed) shall be liable to a further penalty of 408.; and every constable may without warrant seize any person acting unlawfully as driver, &c., and convey him before any justice of the peace, and also, if necessary, may take charge of the carriage and horses, and deposit the same in some place of safe custody, until claimed by the proprietor.

Sect. 28.-If any driver, &c. is guilty of wanton or furious driving or cause by carelessness or wilful misbehaviour any hurt or damage to any person, or is drunk, or uses any insulting or abusive language, he shall forfeit the sum of 31. ; or the justice before whom the complaint is brought may, if he think proper, instead of inflicting such penalty, commit the offender to prison for any period not exceeding two calendar months, with or without hard labour as he shall direct; and such justice may order the proprietor to pay any sum not exceeding 107. by way of compensation for any damage done, and also such costs as may have been incurred, and payment thereof may be enforced against the proprietor as any penalty imposed under this Act, and any sum so paid by the proprietor may be recovered in a summary manner from the driver or conductor through whose default the same has been paid; or such justice may, if he think fit, in the first instance, adjudge the compensation to be paid.

Sect. 29.-The commissioners of the metropolitan police shall appoint the standings of hackney carriages and the plying places for the stage carriages, and make regulations concerning the boundaries of the same, and any driver, &c., not conforming to the same shall be subject to a penalty of 40s.; and (Sect. 30) such standings shall be in the centre of the street; and (Sect. 31) hackney carriages shall not ply opposite to the general post-office; and (Sect. 32) the Lord Mayor and Aldermen shall make regulations with respect to carriages in the city.

Sect. 33.-If any driver loiters or causes any obstruction in any public street, or delays such carriage improperly on any journey, or deceives any person in respect to the route or destination thereof, or refuses to admit any passenger against whom there is no reasonable objection, or demands more than the legal fare, or stops at the end of any street (except in case of unavoidable necessity) or any place where foot-passengers cross, or plies for passengers by blowing any horn or other noisy instrument within the limits of the metropolis as defined by the said Act, or if any conductor allows any other person to ride upon the steps or the place provided for him, or any driver of a hackney carriage allows any person, not being the hirer or the person employed by the hirer, to ride on the driving box, and if any driver or conductor of a stage carriage smokes while acting in that capacity after any objection taken by any passenger, he shall for every such offence forfeit 208.

Sect. 34. All property left by any passenger in any stage carriage shall be given up to the conductor, or the driver in his absence, and any person refusing to deliver up the property of another so left shall forfeit the sum of 201.; and the conductor, &c. shall, within four days after the same has been left, carry the property, in the state in which he finds the same, to the head office for stamps in the city of Westminster, and the property so deposited shall be dealt with in the same manner as property left in hackney carriages.

Sect. 35.-When any complaint is made against any driver, &c., the justice may, if he thinks proper, forthwith summon the proprietor to produce the party complained of ; and if the proprietor fail to produce such person, such justice may proceed to hear and determine the case in his absence, and adjudge payment by the proprietor of any

6 & 7 V., c. 86. Regulating Hackney and Stage Carriages in and near London. penalty incurred, the same to be recovered in a summary way; and such justice may, if he think proper, impose a fine of 40s. on any proprietor failing to produce such driver without satisfactory excuse; and every proprietor so summoned shall cause notice to be given to or left at the abode of such driver of the time and place when he is to appear before the justice, and if the driver, &e, fail to appear, the said justice may issue a warrant for his apprehension, and if any driver, &c., after such notice, without reasonable excuse, neglect or refuse to attend, he shall forfeit the sum of 408., and so from time to time as often as he neglects or refuses.

Sect. 36. Any magistrate, within the limits of this Act, may so far as relates to hackney or stage carriages, hear and determine offences against the same; and (Sect. 37) upon the hearing of any complaint made under the provisions of this or the recited Act, the justice of the peace may take the evidence of the complainant, in any dispute about the amount of fare, or of wages, or on any complaint of personal injury, or in any case in which he shall be entitled to no pecuniary advantage besides his costs and expenses, or being entitled to some compensation shall give the same up; and (Sect. 38) all complaints made under the provisions of the recited Act, except such as may be made by direction of the commissioners of stamps and taxes, and except in cases where some other term of limitation is specially provided by this Act, shall be made within seven days after the day on which the cause of complaint has arisen; and (Sect. 39) penalties may be awarded to be paid by instalments, and in case of nonpayment the party may be imprisoned for the period of two months, or the penalty may be levied by distress and all of the goods of the party making default: Provided always, that no imprisonment for nonpayment of any sum, ordered to be paid on account of wages or the earnings of any carriage or of any deposit of any money shall be for a longer period than one calendar month; and all proceedings whatsoever before any justice of the peace under any of the provisions of this or the recited Act, and the judgment of the said justice thereon shall be final and conclusive.

Sect. 40. In all cases when any goods distrained or seized are directed to be sold, the same shall be sold by public auction, and notice of the time and place of sale shall be given to the owner, or left at his usual place of abode, three days at least prior to such sale: Provided always, that if the owner of such goods give his consent in writing to the sale thereof at an earlier period, or in any other manner than is by this Act directed, such goods may be sold according to the terms of the consent: Provided also, that if at any time before the sale, the owner pay or tender the sum directed to be levied, together with reasonable costs and expenses incurred, no sale of such goods shall be made. Sect. 41.-For the purpose of serving summonses and other notices required by this or the recited Act, the usual place of abode of any driver, &c., shall be deemed to be the place specified in the licence; and in all cases of complaint in respect of any matter within the meaning of this or the recited Act, the said justice may either summon the party complained of, or issue a warrant for his apprehension in the first instance; and (Sect. 42) every person summoned to attend to give evidence as a witness, who refuses or neglects to appear, without a reasonable excuse, or refuses to be examined or give evidence, shall forfeit 51.

Sect. 43.-Every summons or warrant had or taken against a proprietor for the default of the driver or conductor thereof, may be drawn according to the several forms in the schedule hereunto annexed; and every order, conviction, warrant, or other proceeding under the provisions of this or the recited Act, shall be good without stating the facts in evidence, or more than the matter or offence in respect whereof such order or other proceeding has been had or made; and (Sect. 44) where there is more than one proprietor, it shall be sufficient in any such proceeding to name one of the proprietors without reference to any other.

Sect. 45.-Any justice of the peace is hereby empowered to lessen the penalty or term of imprisonment in any case of conviction under this or the recited Act; and (Sect. 46) all penalties or sums of money adjudged within the metropolitan police district to be paid under this or the recited Act, shall be payable to II.M.; and all such penalties, &c., adjudged within the city of London, or the liberties thereof, shall be payable to the chamberlain of the said city.

Sect. 47. Limitation of actions; for similar provisions, see ante, p. 103.

6 & 7 V., c. 86. Regulating Hackney and Stage Carriages in and near London.

SCHEDULE REFERRED TO IN THE FOREGOING ACT.

No. 1.

Form of a Summons to the Proprietor of a Hackney Carriage or a Metropolitan Stage Carriage, to produce the Driver or Conductor thereof to answer a Complaint.

To E. F., of, &c., proprietor of the hackney carriage, Number [or the metropolitan stage carriage, Number -.]

Whereas complaint hath been made by C. D. against the driver of the hackney carriage, Number - [or the driver or conductor of the metropolitan stage carriage, Number] on the day of now last past [or instant], of which said carriage you were then the proprietor, at or about the hour of -, did [here state the alleged offence.] These are, therefore, to require you to produce the said driver [or conductor] before me, or such other magistrate as shall be present at, on the - day of —, at — of the clock in the noon, then and there to answer the said complaint.

day of
(Signed)

One of the Police Magistrates of the Metropolis,

[or One of H.M.'s Justices of the Peace for -]

No. 2.

Form of a Warrant of Distress for levying upon the Proprietor of a Hackney Carriage or Metropolitan Stage Carriage the penalty in which the Driver or Conductor thereof has been convicted.

Metropolitan Police District, to wit.

To A. B., of, &c.

[or the driver or

day of, was

Whereas C. D., the driver of the hackney carriage, Number conductor of the metropolitan stage carriage, Number] on the duly convicted of a certain offence, for that [here state the offence] whereby he hath been adjudged to forfeit the sum of -, over and above the sum of -, for the costs and charges of the informer, making together the sum of -, which hath not been paid by the said driver [or conductor] nor by any person on his behalf: And whereas according to the statute in that behalf made, the said E. F., the proprietor of the said carriage, hath been required to pay the said sum of which he hath neglected or refused to do. Therefore I command you to levy the said sum of by distraining the goods and chattels of the said E. F.; and if within the space of five days next after such distress taken the said sum of, together with the reasonable costs and charges of taking and keeping such distress, shall not be paid, then I order and direct that you sell and dispose of the said goods and chattels, which shall be so distrained, taken, and seized as aforesaid, and shall levy and raise thereout the said sum of, and all reasonable costs and charges of taking and keeping and selling such distress, rendering the overplus [if any] to the owner of the said goods and chattels, and you are to certify to me what you shall have done by virtue of this my warrant.

(Signed, &c., see No. 1.)

No. 3.

Form of Warrant of Commitment of the Proprietor of a Hackney Carriage, or Metropolitan Stage Carriage, for want of a sufficient Distress whereon to levy the penalty in which the Driver or Conductor of such Carriage has been convicted.

District,

to wit.

To A. B., of, &c., and to the Keeper of the Common Gaol [or House of Correction] at —. Metropo- Whereas, &c., [proceed as in the form No. 2, to the words "which he hath neglected litan Police and refused to inclusive]; And whereas it has been duly made to appear to me that no sufficient distress of the goods and chattels of the said E. F., the said proprietor can be found whereon to levy the said sum of -: Therefore I command you, the said A. B., to apprehend and take the said E. F., and safely to convey him to the common gaol [or house of correction] at —, in the of and there to deliver him to the keeper thereof, together with his warrant. And I do hereby command you, the said keeper, to receive into your custody, in the said gaol [or house of correction] him, the said E. F., and him therein safely to keep for the space of, unless the said sum of shall be sooner paid.

Given under my hand and scal, the day of -
(Signed, &c., see No. 1.)

HIGHWAYS.

Synopsis of the Statutes.

THE statutory law respecting highways in general is comprised in the 5 & 6 W. 4, c. 50; amended by the 2 & 3 V., c. 81; 4 & 5 V., c. 59 (not 51); see Dig., Part III., p. 68, et seq.; the 5 & 6 W. 4, c. 50, has in one of its provisions been extended by the 8 & 9 V., c. 71, see INFRA.

For what relates to turnpike roads as distinguished from highways, see Dig., Part III., p. 88, et seq., and also 8 & 9 V., c. 59, INFRA.

8 & 9 V., c. 59. Continuing the 4 & 5 V., c. 59 a.

After reciting the 4 & 5 V., c. 59, authorizing an application of the highway rate to turnpike roads, and that the recited Act was continued by the 6 & 7 V., c. 59, to the 1st August, 1844, and to the end of the then next session of Parliament, it is enacted that the said recited Act shall be continued to the 1st October, 1846, and to the end of the then next session of Parliament.

8 & 9 V., c. 71. Extending the 5 & 6 W. 4, c. 50, as to Highways.

Sect. 1.-After reciting that where land, allotted to surveyors for obtaining materials to repair highways, was exhausted, it might be sold, it is enacted that the recited Act, and all the provisions therein contained, shall apply not only to the lands in the said Act specified, but to all lands belonging, or which hereafter may belong to parishes, or to the surveyor of the highways, for the purposes aforesaid, which have been or hereafter may be lawfully used for the purpose of obtaining materials for the repair of the highways in such parish, the materials in which have been or may hereafter be exhausted. Sect. 2. The recited Act and this Act shall be construed together as one Act.

INCLOSURE.

THE 8 & 9 V., c. 118, on the inclosure, improvement, exchange, and division of commons and lands, held in common, has been given fully under the title of Common, Commons," &c., see ante, p. 67; to which must now be added the 9 & 10 V., cc. 70, 117, on the same subject, see INFRA.

66

9 & 10 V., c. 70. Amending the 8 & 9 V., c. 118, as to the Inclosure and Improvement of Commons.

Sect. 1.-After reciting 8 & 9 V., c. 118, it is enacted that the inclosure commissioners
are empowered to vary the terms and conditions of any provisional order before they
make their general annual report, and copies of supplemental provisional order shall
be deposited for inspection in the same manner as by the said Act is required in refer-
ence to a provisional order; but (Sect. 2) no such supplemental order shall take effect
in case any person interested in such land signify his dissent from such order; and
(Sect. 3) in such case the commissioners may either proceed as if such supplemental
order had not been issued, or may suspend all proceedings in the inclosure.
Sect. 4.-Where allotments for recreation or other public purposes have been made the
condition of any provisional or supplemental order, the commissioners may, before the
valuer has made his award, allow an equal quantity of land to be allotted for any other
public purpose in lieu thereof.

Sect. 5.-Commissioners may, by their provisional order, make it a condition that there
shall be awarded to the lord of the manor, instead of the whole or any part of the share
or proportion of the residue of the land to which he would have been otherwise entitled
in respect of his right and interest, as lord, in the soil, and also, if they think fit, in
lieu of other allotments in respect of other rights to which he may be found entitled, a
rent-charge of such amount as in the judgment of the valuer shall be equal to such

a 4 & 5 V., c. 59.-By s. 3 of this Act, a power of appeal is given to justices at quarter sessions to any person thinking himself aggrieved by any order or determination of justices at petty sessions; and it has been decided that justices

who are interested in the matter of the appeal, may not be present at, or at least not take any part in the proceedings, R. v. Hertford, (Just.) 9 Jur. 424.

9 & 10 V., c. 70. Amending the 8 & 9 V., c. 118, as to the Inclosure and Improvement of Commons, see Dig., Part III., p. 606.

share of the residue, and the same shall be recoverable in like manner as rent-charges under the 6 & 7 W. 4, c. 71.

Sect. 6.-Where any copyhold or customary land is intermixed, or held with freehold, and the boundaries thereof are not exactly known, the commissioners may, upon the application of persons interested in such lands, and with the consent of the lord of the manor, authorize an assistant commissioner to award what part of the lands so intermixed shall be deemed copyhold or customary land, and what freehold, and to declare the situation and boundary thereof; and (Sect. 7) the provisions in the recited Act concerning notices and dissents in the case of an order of exchange, shall apply in the case of such award as aforesaid; and (Sect. 8) where any land held by lease for life or years is so intermixed with other land, the boundaries of the same may be declared in such award.

Sect. 9.-The provisions of the recited Act respecting the exchange of lands, or their division into parcels of convenient form, shall apply to lands of copyhold or customary tenure: Provided always, that no such order of exchange or of division and allotment of any copyhold or customary land shall be confirmed by the commissioners, unless the consent of the lord of the manor has been given thereto; but (Sect. 10) in every case where the consent of the lord of the manor is required under this Act, a declaration or statement in writing, under the hand of the steward or his deputy, authorized to take surrenders or grants, signifying that the lord has consented, shall be evidence of such consent for all the purposes of this Act.

Sect. 11.-Where a person interested in any undivided share, or any cattle gate or other gate, or any right of common defined by numbers or stints, to be exercised over any land, and another person so interested in any right to be exercised over other land, are desirous of exchanging their respective gates or rights, whether the land be liable to be inclosed or not, the commissioners, upon application of the persons interested in such shares, gates, or rights, may make an order of exchange.

Sect. 12.-Every new survey, map, or plan used for the purpose of any inclosure under the said Act, shall be signed by the commissioners, after examination of the accuracy thereof under their direction, and shall be sealed with the official seal in testimony of such examination.

Sect. 13.-Any assistant commissioner under the said Act may be specially appointed an assessor in the cases therein mentioned; and (Sect. 14) this Act shall be taken to be a part of the said recited Act, and be construed accordingly.

9 & 10 V., c. 117. Authorizing the Inclosure of certain Lands pursuant to a Special Report of the Inclosure Commissioners for England and Wales. Sect. 1.-After reciting 8 & 9 V., c. 118 (see ante, p. 67) and 9 & 10 V., c. 16 (ante, p. 83) it is enacted, that the several proposed inclosures, mentioned in the schedule to this Act annexed, shall be proceeded with and completed according to the provisions of the first recited Act, and on the terms and conditions in the provisional order of the commissioners specified in each case in that behalf; and (Sect. 3) this Act shall be deemed to be a public Act, and shall be judicially taken notice of as such. SCHEDULE TO WHICH THIS ACT REFERS.