to include several persons or animals as well as one person or animal, females as well as males, bodies politic or corporate as well as individuals, and several matters or things as well as one matter or thing, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction. STAGE CARRIAGES ACT, 1832. (2 & 3 WILL. 4, c. 120.) An Act to repeal the Duties under the management of the Com- WHEREAS it is expedient to repeal the duties under the manage- 6. And be it enacted, That it shall not be lawful for any person to keep, use, or employ any stage carriage . . . unless the several particulars by this Act directed to be painted on every such carriage shall be painted thereon; any thing in any other Act contained to the contrary thereof notwithstanding. 7. And be it enacted, That in any action, information, or other proceeding for the recovery of any duty or penalty incurred under this Act in respect of or with relation to any stage carriage, if evidence shall be given that the carriage in respect of which or in any manner relating to which any such action, information, or proceeding shall be commenced or prosecuted was seen travelling or going upon any highway or other road. having painted upon such carriage any of the particulars required by this Act to be painted upon stage carriages, such carriage shall be deemed and taken to be a stage carriage; and such evidence as aforesaid shall be received as sufficient proof that such carriage was kept, used, and employed for the purpose of conveying passengers for hire as a stage carriage within the meaning of this Act, unless the contrary be proved; and that in all such actions, informations, and proceedings as aforesaid the person whose name (if any) shall be painted on any such carriage, shall for the purposes of this Act (unless the contrary be proved) be deemed to be the person to whom such carriage doth belong. 36. And be it enacted, That no stage carriage shall be used or employed unless nor until there shall be truly painted in words at length, and in legible and conspicuous letters one inch at the least in height, and of a proper and proportionate breadth, and in a colour different from and opposite to the colour of the ground on which such letters shall be painted, and upon some conspicuous part of each side of such carriage, and clear of the wheel or wheels thereof, so that the same shall be at all times plainly and distinctly visible and legible, the christian name and surname of the proprietor or of one of the proprietors of such carriage, and if Penalty for any person shall use or employ any stage carriage upon which all neglecting such particulars as aforesaid shall not be truly painted in such to paint such legible and conspicuous letters and in manner aforesaid, or in case particulars, such particulars or any of them shall be partially obliterated or defaced from or upon any such carriage, then if any such person shall neglect to paint or cause to be painted again, in manner aforesaid, every particular so obliterated or defaced, such person so offending in any of the cases aforesaid shall forfeit five pounds. 51. 37. And be it enacted, That no outside passenger nor any luggage Certain stage shall be carried on the top or roof of any stage carriage the top or carriages roof of which from the ground shall be more than eight feet nine shall not take inches, or the bearing of which on the ground shall be less than outside pasfour feet six inches from the centre of the track of the right or off sengers or wheel to the centre of the track of the left or near wheel; and if luggage. any outside passenger or luggage shall be carried on any such carriage in any manner contrary to the directions aforesaid, the driver of such carriage at the time when such offence shall be committed shall forfeit five pounds. Penalty 51. 43. And be it enacted, That no luggage which shall be carried Luggage on on the top or roof of any stage carriage drawn by four or more the top of any horses shall in any case exceed ten feet and nine inches in height stage carriage from the ground, nor shall any luggage which shall be carried on shall not the top or roof of any stage carriage drawn by two or three horses exceed the only in any case exceed ten feet and three inches in height from the height herein ground, measuring to the highest point of any part of such luggage specified. 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. Penalty 51. 45. And be it enacted, That the proprietor of any stage carriage Justices, road and the driver thereof shall, when thereunto respectively required surveyors, toll by any justice of the peace, or by any constable, or any surveyor collectors, &c. of any highway or turnpike road, or by any toll-gate keeper, or authorized to any officer of stamp duties, or by any passenger travelling with cause stage such carriage, permit and allow such carriage and the luggage carriages and thereon to be measured, and the number of passengers in, upon, or luggage to be about such carriage to be counted; and it shall be lawful for any and the pasmeasured, 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 sengers to be 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 counted. Penalty on the proprietor or driver for refusal, 57. Penalty on toll-gate keeper neglecting to provide a measure, or refusing to 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 luggage, &c., shall not be truly set forth, every such toll-gate keeper so offending shall forfeit five pounds: 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 purpose 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. count passengers, or to measure 51. 47. And be it enacted, That if the driver of any stage carriage drawn by three or more horses shall at any place where such carriage shall stop quit the box of such carriage, or the horses drawing the same, without delivering the reins into the hands of some fit and proper person, or before some fit and proper person shall be placed and shall stand at the heads of the 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 himself to drive the horses drawing such carriage; or if the driver of any stage carriage shall quit the box of such carriage without reasonable occasion, or for a longer time than such occasion shall absolutely require; or if any person travelling as guard to any stage carriage shall, whilst the horses are harnessed or in the act of being harnessed thereto, and whilst any passenger shall be in, upon, or about such carriage, discharge any fire arms, except for the 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 of any stage carriage shall neglect to take due care of any luggage whatsoever carried or to be carried by such carriage; or if any such driver or conductor or guard shall demand or receive for the fare of any passenger more than the sum which such passenger shall be liable to pay, 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 required, neglect to account to or refuse faithfully to account to his employer for all moneys his employer; received by him in respect of any passenger or any luggage which shall be carried by such carriage; or if any such driver or con- or assaulting ductor or guard shall assault or use abusive or insulting language or using to any person travelling or about to travel or having travelled as a abusive lanpassenger with or by such carriage, or to any person accompanying guage to any or attending upon any such passenger in coming to or going from person. any such carriage, every such offender in any of the several cases aforesaid shall forfeit five pounds. 48. And be it enacted, That if the driver or conductor or guard Penalty on of any stage carriage, or any other person having the care thereof, the driver or or employed in, upon, or about such carriage, shall, through intoxi- guard endaucation or negligence, or by wanton and furious driving, or by or gering pasthrough any other misconduct, endanger the safety of any pas- sengers or senger or other person, or shall injure or endanger the property of property the owner or proprietor of such stage carriage or of any other person, gence, &c. 51. through neglievery such person so offending shall forfeit five pounds. driver or known or 49. And be it enacted, That whenever it shall happen that the Owners to be driver or conductor or guard of any stage carriage shall have com- liable for mitted any offence against this Act for the commission whereof penalties in any penalty is by this Act imposed upon such driver or conductor cases where or guard, and not upon the proprietor of such carriage, and such driver or conductor or guard shall not be known, or being known guard is not cannot be found, then the proprietor of such carriage shall be liable cannot be to every such penalty as if he had been the driver or conductor or found. 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. 101. And be it enacted, in all actions, bills, plaints, in- Duties and formations, and proceedings to be commenced, prosecuted, entered, penalties or filed in the name of his Majesty or of any other person for the recoverable recovery of any such duties, or of any debts or penalties which with costs. may be incurred or become payable under this Act, it shall be lawful for his Majesty, or any other person legally entitled to sue or prosecute for the same, to have and recover such duties, debts, and penalties, with full costs of suit and all other reasonable charges and expences. 102. And be it enacted, That all pecuniary penalties imposed by In what or which may be incurred under this Act may be sued or prosecuted Courts pecufor in any of his Majesty's Courts of Record at Westminster for any niary penaloffence committed in England, Wales, or Berwick-upon-Tweed, and ties may be in his Majesty's Court of Exchequer in Scotland, for any offence sued for. committed in that part of Great Britain called Scotland, by action or information, : Provided always, that it shall not Consent of the Commis sioners of Stamps requisite to sue for penalties. Penalties not exceeding 201. recoverable before a justice of the peace. Appeal. Justices may mitigate penalties. Service of the monses and other notices. 103. Provided always, be lawful for any person to sue or prosecute for any such penalty 105. And be it enacted, That it shall be lawful for any justice of the peace, before whom any person shall be convicted of any offence against any of the provisions of this Act, to mitigate as he shall see fit any penalty by this Act imposed in cases where such justice shall see cause so to do. 109. And be it enacted, That any summons issued by any justice justices' sum of the peace, requiring any defendant or any witness or other person to appear before such justice, or any other justice, with reference to any information, complaint, or other proceeding for the recovery of any duty or penalty under this Act, shall be deemed to be well and sufficiently served in case either the summons or a copy thereof be served personally upon any such person as aforesaid, or be left at his usual or last place of residence, or, in case such person be a proprietor, driver, conductor, or guard of any stage carriage, be left with the book-keeper or person for the time being acting as book-keeper for such stage carriage in any town or place from, into, or through which such carriage shall go or be driven nearest to the place where any such offence shall be committed; and any notice by this Act required to be given to the proprietor of any stage carriage or to any other person shall be deemed to be well and sufficiently served in case either such notice, or a copy thereof, be served personally upon such proprietor or other person, or be left at his usual or last place of residence, or (in the case of such proprietor) be left with any book-keeper or person acting as bookkeeper at any office belonging to such proprietor. Construction of the terms used in this Act. 117. And in order to avoid the frequent use of divers terms and expressions in this Act, and to prevent any misconstruction of the A large proportion of the section is repealed by the Summary Jurisdiction Act, 1884; the section is printed as in the Revised Statutes. |