Page:Ruffhead - The Statutes at Large - vol 4.djvu/544

492 C. 23. Anno nono Annjj Reginas. A.D. 1710. Oftsnces to be heard In a fum- mary Waybythe Commiffioners, Perfons Aied, may plead the General Iffue, &c. Ho Cei'tisrari, Commiflioners may make By- X>awSt By I Geo, i. Stat. 2. c. 57. §. I. Renters of Licences, and Drivers of Coaches are bound by the Commiflioners By-Laws, By-Laws to be approved by Lord ChancD^lorj &c, and executed by Juftices of Peace, '&C. The Queen's Part of Penal- ties to be tranf- initted to the Receiver Gene- ral of thefe Duties. On Misbehavi- our, Commif- iioners may re- •volce Coach- man's Licence, &c. Coachmen, &c, may ply on the Lord's Day. S9 Car. z. c. 7. to continue -without Bail or Mainprize, till he, flie, or they have paid fuch Fine or Forfeiture, or Penalty, as was dui^ from him, her, or them ; and in cafe any fuch Weekly or other Rent or Payment for any Hackney Coach or Chair, as aforefaid, fhall be behind and unpaid for the Space of fourteen Days, after the fame fliall become due, and ought to be paid, as aforefaid, in every fuch Cafe it fhall and may be lawful to and for the laid Commiflioners for regulating and licenfing the faid Coaches and Chairs, or the major Part of them, for the time being, (without any Demand to be firft made of the faid Arrear) to revoke and countermand the Licence upon which fuch Arrears fhall be incurred, and inflead thereof to licenfe any other Hackney Coachman or Chairman in the Manner by this A61 prefcribed j any thing herein contained to the contrary notwithflanding. XIII. And be it further enatted. That all the Offences againft this AS:, or any thing therein contained, (other than the Offences of the Commiffioners themfelves) fhall be heard and determined in a fummary Way by the faid Commiffioners, or any three or more of them, upon the Oath of one or more credible Witaeffes, (the Party accufed being fummoned to make bis Defence) or upon Confeffion of the Party of- fending; and one Moiety of all the Forfeitures and Penalties to be incurred by this AcSt, fhall be to her Majefty, her Heirs and SuccefTors, and the other Moiety to the Informer. XIV. And be it further enacSed, That if any Perfon or Perfons fhall at any Time be fued or profecuted for any thing by him or them done or executed in parfuance of this Aft, he or they fhall and may plead ' the General IfTue, and give this A(St in Evidence for his Defence; and if upon a Trial a Verdift fhall pafs for the Defendant or Defendants,^ or Judgment fhall be given againfl: the Plaintiff or Plaintiffs upon De- murrer, or the Plaintiff or Plaintiffs be nonfuited, difcontinue or forbear profecuting their faid Aftions, then fuch Defendant and Defendants lliall have Double Cofts to him or them awarded againfl fuch Plain- tiff or Plaintiffs, for which Cofts he fhall have fuch Remedy as in other Cafes where Cofts are by Law given to Defendants. XV. Provided alfo, and be it enacSted, That no Wri-t or Writs of Certiorari fhall fuperfede Execution, or other Proceeding upon any Order or Orders made by the faid Commiffioners in purluance of this Adt, but that Execution and other Proceedings fhall and may be had and made thereupon ; any fuch Writ or. Writs or Allowance thereof notwithftanding. XVI. And be it further enabled by the Authority aforefaid. That for the better regulating and ordering fuch Perfons who fhall be licenfed to keep Hackney Coaches or Chairs, as aforefaid, and to prevent any Difturbances, and other Inconveniencies in the Streets and Highways, where fuch Coaches or Chairs fh^l ftand or be driven, or fuch Chairs fliall ftand or be carried, and for punifhing thereof; it fhall and may be lawful for the faid Commiffioners, or the major Part of them, from time to time, to make fuch Orders, . By-Laws and Ordinances to bind fuch Perfons only, who fhall have Licences to keep Hackney Coaches or Chairs, and to annex fuch reafonable Penalties and Forfeitures for the Breach thereof, as to them in their Difcretions fhall feem fit, fo as fuch Orders, By-Laws, or Ordinances be made agreeable to the true In- tent and Meaning of this Aft, and be for the better putting in Execution thereof, and for the good Govern- ment and Regulation of the Perfons licenfed to keep Coaches and Chairs, and fo as they do not contarn any thing repugnant to the Laws of the Realm. XVII. Provided neverthelefs, and it is enaSed, That fuch Rules, Orders, and By-Laws, fo to be made by the faid Commiffioners, fhall be allowed and approved by the Lord Chancellor, Lord Keeper, or Lords Commiffioners of the Great Seal of Great Britain for the time being, and the Chief Juftice of either Bench, and the Lord Chief Baron of the Exchequer, or any three of them; and after fuch Allowance the fame fliall be printed and made publick; and the Breach of any of the Rules and Orders appointed by this ASi, and the Penalties thereupon, and the Rules, Orders and By-Laws to be made by the faid Commif- fioners, and allowed, as aforefaid, and the Forfeitures and Penalties thereupon, fhall be punifliable, and jnfliifteJ, and put in Execution, by any Juftice of the Peace, Mayor, Bailiff, or other Magiftrate of the ' County, City, or Place where fuch Offence fhall be committed, in as full and ample Manner as the faid Commiffioners, hereby to be appointed, might do the fame, and as if the faid By-Laws, Rules, and Or- ders were particularly inferted in this prefentAct; but no Perfon' fhall be twice punifhed for the fame Offence. XVIII. Provided always. That all Penalties which fhall be levied by any Juftice of the Peace, Mayor, Bailiff, or other Magiftrate, in purfuance of this Aft, or any By-Laws to be made, as aforefaid, or the- Ojjeen's Part of the fame, fhall, from time to time, be tranfmitted by them to the Receiver General of the faid Revenues arifing by Hackney Coaches and Chairs, and a Certificate thereof to the faid Commiffioners for licenfing and regulating the fame, from time to time, within ten Days after the levying any fuch Pe- nalties, upon Pain of forfeiting double the Value of the Sum which fhould be fo tranfmitted and certified, that is to fay, two Third Parts thereof to the Ufe of the Queen, her Heirs and Succefl'ors, and the othef Third Part to him or them that will inform or fue for the fame. XIX. And for the better preventing the Mifbehaviour of any Coachman or Chairman, to be licenfed in purfuance of this Aft-, it is hereby ideclared and enafted, That upon Complaint of any Gentleman, or other Perfon, the faid Commiffioners for granting Licences purfuant to this Aft, or the major Part of them, fhall and may fummon the Coachman and Chairman refpeftively, to anfwer the faid Complaint j and upon his or their being heard, or making Default of Appearance, fhall and may (in cafe they fee Caufe) revoke the Licence of fuch Coachman or Chairman, for fuch Mifbehaviour, in giving abufive Lan- guage, or otherwife, and licenfe another Coachman or other Chairman in his Stead. ' XX. And whereas by an Aft of Parliament made in the twenty-ninth Year of the Reign of King ' Charles the Second, and other Afts formerly made for the better Obfervation of the. Lord's Day, ' commonly called Sunday, the ftanding to hire, and driving Hackney Coaches, and the ftanding to hire, ' and carrying of Chairs, on the Lord's Day, are or may be underftood to be forbidden or reftrained : And 'whereas the faid Reftraint is many Times found inconvenient, as well in order to the Obfervation of the' 4 '^.Da", '