Page:Ruffhead - The Statutes at Large - vol 5.djvu/138

 9'8 c - SI- Anno primo Georgii Regis, Stat. 2. A. D. 1715. To funerals, ex- be appointed by the Commiffioners, {hewing it to be a licenfed Coach or Hearfe to be let to Hire, or ex- cept they have cept the fame fhall be the Coach of fome Perfon of Quality or Gentleman's Coach attending the Mailer or Gend" mras" Miftrefs, or an Y 0I " his, her, or their Family ; and if Information lhall be given to the faid Commiffioners Coaches at- or " mcri Fact, it lhall and may be lawful for the Commiffioners to fummon the Party driving fuch Coach tending the or Hearfe before them, and on default of fuch Party or Parties appearing on fuch Summons before the faid Mailer, &c. Commiffioners, the Commiffioners are hereby impowered to proceed againft him or them ; and although no exprefs Hiring lhall be proved, yet unlefs fuch Party or Parties (hall appear and prove a previous Order or Command from the Owner of fuch Coach or Coach-Horfes to attend at fuch Funeral, it fhall be deemed and adjudged a Driving for Hire, and the faid Party fhall forfeit for fuch Offence the Sum of on Forfeiture five Pounds, to be recovered of the Driver of fuch Coach, Hearfe or Horfes, or the Undertaker of fuch "° f s 1 ' Funeral, and to be levied and applied as in and by the faid recited Act is directed concerning the Driving an Hackney-Coach for Hire without Licence. Peribns profe- V. And be it further enacted., That if any Perfon or Perfons fhall at any Time be fued or profecuted ■cuted may plead for any Thing by him or them done or executed in puri'uance of this Act, he or they fhall and may plead iff Gcne r<h 11 l ^ e General Iffue, and give this Act, and the fpecial Matter proper for his Defence in Evidence ; and if have' double * u P on a Trial a Verdict fhall pafs for the Defendant or Defendants, or Judgment fhall be given againft the Cofts. Plaintiff or Plaintiffs upon Demurrer, or the Plaintiff" or Plaintiffs be nonfuited, difcontinue or forbear pro- fecuting their faid Actions, then fuch Defendant and Defendants fhall have double Cofts to him or them awarded againft fuch Plaintiff" or Plaintiffs, for which Cofts he fhall have fuch Remedy as in other Cafes where Cofts are by Law given to Defendants. No Certiorari. VI. Provided alfo, and be it enacted, That no Writ or Writs of Certiorari fhall fuperfede Execution, or other Proceeding, upon any Order or Orders made by the faid Commiffioners in purfuance of this Act ; but that Execution and other Proceedings fhall and may be had and made thereupon ; any fuch Writ or Writs, or Allowance thereof notwithftanding. Aldermen, Sec. VII. And be it further enacted, That it fhall and may be lawful for the Alderman of every Ward in London may of the faid City within his Ward, and every Juftice of Peace within his Jurifdiction, in the faid Cities ■uiflia the hke an( j Counties, to inflict the like Penalties, and to levy the fame in the fame manner, for any Offence or ■Cornrn'Sioners 6 Offences contrary to this Act, within any the Places aforefaid, as the Commiffioners above-mentioned have Power to inflict and levy upon any fuch Offenders, as aforefaid ; provided that no Perfon be punifhed twice for the fame Offence. ' VIII. And whereas, through the Negligence of Carters, Draymen, Carmen, and Waggoners, riding .After June 24. ' dren, are frequently maimed, wounded, and killed:' For preventing fuch Mifchiefs for the future, Be 17 ' 6 ' N A C M r " ** ena & e d by the Authority aforefaid, That if any Carter, Drayman, Carman, Waggoner, or other Per- ' after the faid twenty-fourth Day of June one thoufand feven hundred and fixteen, ride upon fuch Cart, Dray, Carr, or Waggon, not having fome other Perfon or Perfons on foot to guide or conduct the fame, every fuch Offender being thereof convicted before the Alderman of the Ward, or one or more Juftice or Juftices of the Peace for the City or County where the Offence is committed, by the Oath of one or more credible Witnefs or Witneffes, fhall for every Offence forfeit the Sum of ten Shillings to be levied by Di- ftrefs and Sale of the Offender's Goods, by Warrant under the Hand and Seal of fuch Alderman, or Ju- ftice or Juftices of the Peace, rendring the Overplus to the Owner ; one Moiety of the faid Forfeiture to be to the Informer, and the other Moiety to be to the Ufe of the Poor of the Parifh or Place where fuch Offence is committed ; and in default of Payment of the faid Forfeiture the Perfon or Perfons fo offending, to be fent by fuch Alderman, or Juftice or Juftices of the Peace, to the Houfe of Correction, there to be kept to hard Labour for the Space of three Days. Farther provided fir by 24 Geo. 2. c. 43. /. S. IX. Provided always, That nothing herein contained fhall extend to deprive or take away from the Mayor, Commonalty, and Citizens of London and Governors of Cbri/Ts Hofpital, any Power or Autho- rity they have to punifh any the Offences aforefaid, which fhall be committed by any Perfons ufing or dri- ving any Cart, Dray, Carr or Waggon, within the City of London, and any of the Offenders therein, in Ic tukfaway f uch - Sort and Manner as they now ufually do, fuch Offender not having been before punifhed for the faid the Power of Offence by virtue of this Act. the Mayor of London, &c, Farther F 'ryi-ifhm concerning Coathes, ©V, 12 Ceo, I, (, I3n toGsi-, 2, c 10. 30 Geo. 2, c, 22, /. 6, 33 Geo, 2. <• 25. &c, on Forfeiture vf 1 os. Jn Default of Payment, to he fent to the Houfe of Cor. reflion for three Days, -Anao
 * upon their Carts, Drays, Carrs, and Waggons, in the Streets of London and Wejlminjier, the Borough
 * of Southward, and other Streets within the weekly Bills of Mortality, aged and other Perfons, and Chil-
 * ide onhis'Cart ^ on living any Cart, Dray, Carr, or Waggon, in or through any the Streets or Lanes aforefaid, fhall