Page:Ruffhead - The Statutes at Large - vol 9.djvu/689

 APPENDIX. 215 perfons (hall be capable of intermeddling with the Execution of the powers and authorities by this Act granted, or any of them, other than the power of adminiftring the aforefaid Oaths to their fellow Com- miffioners, until they (hall have taken the faid Oaths, as aforefaid. X. And be it further enacted by the authority aforefaid, That all the Sums of money, Rents and Commiffioners Revenues by this Act arifing, over and above what (hall be fufficient for Salaries, and other incident n °^and give Charges for Collecting or Managing the fame, (hall from time to time be annually paid by the faid Com- Account of Li- miffioners, or fuch other perfon or perfons as (hall be appointed by their Majefties, to receive the fame, cences annually, into the Receipt of their Majefties Exchequer: And the faid Commiffioners (hall, upon Oath, deliver Books of Accounts fairly written, containing all the Licences granted, and the Names and Sirnames of the respective perfons to whom fuch Licences are granted, and the Rents and Profits thereby accrewed unto the Commiffioners of the Treafury, or Lord High Treafurer, or Commiffioners of the Treafury for the time being, once in every year, or oftener if required. XI. And be it farther enacted by the authority aforefaid, That all Fines, Rents, Forfeitures and Pe- Penalties how nalties, that (hall grow due and payable by virtue of this Act, or breach of any Orders or By-laws, that levied ' (hall be made by the faid Commiffioners, in purfuance of the authority to them given by this Act for that purpofe, (hall be levied by Diftrefs of the Goods and Chattels of the Offender or Offenders by Warrant under the Hands and Seals of the faid Commiffioners, or any Three or more of them, which (hall be fold within Ten Days, and the Overplus (all Charges being allowed) (hall be returned to the Owner, and in default of Diftrefs or non Payment, the perfon or perfons neglecting or refuting to pay, (hall, by Warrant under the Hands and Seals of the faid Commiffioners, or any Three or more of .them, be committed to prifon, there to continue without Bail or Mainprize, till he or they have paid • fuch Rent, Fine, Forfeiture or Penalty, as was due from him or them. XII. And be it further enacted, That all the Offences againft this Act, or any thing therein con- Offences deter- tained (other than the Offences of the Commiffioners, themfelves) (hall be Heard and Determined in p ined .^ the . a Summary Way by the faid Commiffioners, or any Three or more of them, upon the Oath of One &mmi lonen '" or more Credible Witneffes (the Party accufed being Summoned to make his Defence) or upon the Ccnfeffion of the Party offending ; and one Moiety ot all the Forfeitures and Penalties to be incurred by this Act, (hall be to their Majefties, their Heirs and Succeflbrs, and the other Moiety to the In- former. XIII. And be it further enacted, That if any perfon or perfons (hall at any time be fued or profecuted Perfons fued for for any thing by him or them done or executed in purfuance of this Act, he or they (hall or may Plead executing this the General Iftue, and give this Act in Evidence for his Defence, and if upon a Tryal a Verdict (hall ™i iffo?^" 6 " pais for the Defendant or Defendants, or Judgement (hall be given againft the Plaintiff or Plaintiffs have Double upon Demurrer, or the Plaintiff or Plaintiffs be non-fuit, difcontinue or forbear profecuting their faid Cofts - Actions, then fuch Defendant and Defendants (hall have double Cofts to him or them awarded againft fuch Plaintiff or Plaintiffs j for which Cofts he (hall have fuch Remedy as in other cafes where Cofts are by Law given to Defendants. XIV. Provided alfo, and be it enacted, That no Writ or Writs of Certiorari (hall fuperfede execu- No Certiorari, tion or other proceedings, upon any Order or Orders made by the faid Commiffioners in purfuance of this Act, but that execution and other proceedings (hall and may be had and made thereupon, any fuch Writ or Writs or Allowance thereof notwithftanding. XV. And be it further Enacted by the authority aforefaid, That for the better Regulating and Or- Commiffioners dering fuch perfons who (hall be Licenfed to keep Hackney or Stage-Coaches, as aforefaid, and to ™*y make . By- prevent Difturbances, and other Inconveniencies in the Streets and High-ways, where fuch Coaches (hall thTcVa°ch-men, Stand or be Driven, and for punifhment thereof, it (hall 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 (hall have Licences to keep Coaches, their Executors, Adminiftrators and Affigns, and to annex fuch reafonable penalties and forfeitures for the breach thereof, as to them in their Difcre- tion (hall feem fit, fo as fuch Orders, By-Laws or Ordinances be made agreeable to the true intent and meaning of this Act, and for the better putting in execution thereof, and for the good Government and Regulation of the perfons Licenfed to keep Coaches, and fo as they do not contain any thing repugnant to the Laws of the Realm. XVI. And be it further enacted, That upon payment of the feveral Sums of fifty pounds hereby Acquittance u appointed to be paid as a Fine upon granting Licences, and upon payment of the refpective Rents there- be B ratis - upon to be referved as they (hall grow due, the faid Commiffioners, or fuch other perfon or perfons who (hall be appointed, as aforefaid, to receive the fame, (hall give Acquittances gratis to the refpedtive per- fons fo paying the fame, under their Hands and Seals, which Acquittances (hall be a fufficient Difcharge to the perfons paying the fame. XVII. Provided neverthelefs, and it is enacted, That fuch Rules, Orders and By-Laws fo to be B /- L;ivl 's t° be made by the faid Commiffioners, (hall be allowed and approved by the Lord Chancellor, Lord Keeper, Lord°chancd- or Lords Commiffioners, of the Great Seal of England for the time being, and the Two Chief Juftices lor, &c. and of either Bench, and the Lord Chief Baron of the Exchequer, or any Three of them ; And after fuch ^ ecut f e p b „ y J"* Allowance, the fame (hall be Printed and made Publick ; And the Breach of any of the Rules and Or- &" ° eace ' ders appointed by this Ait, and the penalties thereupon, and the Rules, Orders and By-Laws to be made by the faid Commiffioners, and allowed, as aforefaid, and the forfeitures and penalties thereupon, (ball be punifhable, and inflicted, and put in execution by any Juftice of the Peace, Mayor, Bayliff, or other Magiftrate of the County, City or Place where fuch Offence (hall 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-