William and Mary, 1694: An Act for the lycenseing and regulateing Hackney-Coaches and Stage-Coaches [Chapter XXII Rot. Parl. pt. 5. nu. 2.]

The King may appoint Commissioners to execute this Act.

Wee your Majesties most loyall and dutifull Subjects the Co[m]mons in Parliament assembled being sensible of the greate and necessary Expence in which your Majesties are engaged for carrying on the p[re]sent Warr againste the French King and being desireous to supply the same in such manner as may be leaste grievous to your Majesties Subjects have given and granted and doe hereby give and grant unto your Majesties the severall rates and su[m]mes of Money herein after menc[i]oned and doe beseeche your Majesties that it may be enacted:- And be it enacted by the King and Queenes most excellent Majesties by and with the advice and consent of the Lords Spirituall and Temporall and Co[m]mons in this p[re]sent Parliament assembled and by the Authority of the same That from and after the Tenth day of May One thousand six hundred ninety four it shall and may be lawfull to and for theire Majesties theire Heires and Successors under theire Greate Seale of England to nominate authorize and appointe any person or persons not exceedeing Five in number to be Co[m]missioners for the regulateing and lycensing of all Hackney Coaches within the Cityes of London and Westminster and the Suburbs thereof and within all and every the Parishes and Places comprized within the weekely Bills of Mortality and for the regulateing and lycensing all Stage-Coaches throughout the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed in such manner as is herein after directed; Which said Co[m]missioners to be appointed as aforesaid are hereby impowered and authorized to putt in execuc[i]on the severall Powers and Authorities herein after menc[i]oned:-

II. The Commissioners may appoint 700 Hackney Coaches in London, &c.

£50 to be paid for each Licence; Continuance of Licence.

And be it further enacted That the Co[m]missioners soe appointed shall have Power and Authority and are hereby impowered and required under theire Hands and Seales or under the Hands and Seales of the major parte of them to lycense all such persons who shall drive or keepe any Hackney-Coache or Coach-Horses within the Cityes of London and Westminster or the Suburbs of the same or within the Parishes comprized within the weekely Bills of Mortality; And that the number of all Hackney-Coaches soe to be lycensed shall not exceede Seven hundred; And for every Lycence soe to be granted for each Coache theire shall be paid to the said Co[m]missioners or some other person to be appointed by theire Majesties to receive the same for theire Majesties use the su[m]me of fifty pounds of lawfull money of England and noe more by way of Fine for such Lycense Which su[m]me of fifty pounds shall be paid by the person to be lycensed before the lycense shall be delivered to him; And the said Lycenses and every of them shall be granted to continue for and dureing the terme of one and twenty yeares from the date of each respective Lycense and noe longer and shall not afterwards be renewed or continued for any longer time neither shall any Lycense be granted in Reversion to co[m]mence after the determinac[i]on of others; And upon every of the said Lycenses there shall be reserved and made payable unto theire Majesties theire Heires and Successors the yearely rent or su[m]me of four pounds payable quarterly att the four most usual feasts of the yeare (that is to say) the Feasts of Saint Michaell the Arch-angell of the Nativity of our Lord Christ of the Annunciac[i]on of the Blessed Virgin Mary and of the Nativity of Saint John Baptist with such covenants condic[i]ons and provisoes therein to be inserted for the more effectuall payment thereof as the said Co[m]missioners in their discrec[i]on shall thinke fitt:-

III. Commissioners to license all Stage Coaches for a Year.

£8 Rent for each Licence; Licences may be granted or devised, or go to Executors, &c; Assignment entered in the Commissioners Book; Access without Fee; Executors, &c; how to claim.

And be it further enacted That the said Comissioners soe appointed shall have power and authority and are hereby impowered and required under theire. Hands and Seales or the Hands and Seales of the major part of them to lycense all Stage-Coaches which shall be kept or driven in any place or places within the Kingdome of England Dominion of Wales and Towne of Berwick upon Tweed; And that noe Lycense to be granted for any Stage-Coach shall continue or be in force longer then for one yeare from the date thereof that upon every Lycense soe to be granted for keepeing or driveing a Stage-Coach there be reserved payable to theire Majesties theire Heires and Successors the rent or annuall su[m]me of eight pounds of lawfull English money for one yeare the same to be paid quarterly att the said Four most usuall Feasts in the yeare with such Covenants Provisoes and Condic[i]ons for the more effectuall payment thereof as the said Co[m]missioners in theire discrec[i]on shall thinke fitt and reasonable; that every person lycensed as aforesaid to keepe or drive any Hackney-Coache or Stage-Coach may by writeing under his Hand and Seale assigne or by his last Will in writeing devise his her or theire respective Interests therein and in defaulte of such Assignement or Devise the Executors or Administrators of the persons to whome such Lycences are granted shall be intituled thereto dureing the residue of the respective Interest therein and the same shall be accounted Assetts in theire Hands that an Entry shall be made of every such Assignement in some Booke or Bookes to be kepte by the said Co[m]missioners for that purpose which Entry shall be made without Fee or Reward to which Booke or Bookes every person concerned shall have free accesse to inspecte the same att all seasonable times without Fee or Reward; And that every Legatee Executor or Administrator claimeing Title to any such Lycense under any Will or Letters of Administrac[i]on shall within Sixty dayes after the decease of such Testator or Intestate produce before the said Co[m]missioners such Probate or Letters of Administrac[i]on or Exemplificac[i]on thereof:-

IV. Driving Coach without Licence;

Penalty £5; Coach Horses to be Fourteen Hands high; Coaches to be figured; altering Figure, &c; Penalty £5; Ancient Coachmen, &c. to be first licensed.

And be it further enacted That from and after the Four and twentieth day of June One thousand six hundred ninety four noe person or persons shall p[re]sume to drive or lett to hire by the Hour or Day or otherwise any Hackney-Coach or Coach-Horses within the Cityes of London or Westminster or Suburbs of the same or within the Parishes or Places comprised within the Bills of Mortality nor shall p[re]sume to drive or lett to hire as aforesaid any Stage-Coach or Coach-Horses in any place within the Kingdome of England Dominion of Wales or Towne of Berwick upon Tweed without such Leave or Lycense first obteined from the said Co[m]missioners as aforesaid according to the particular Provisions and Limittac[i]ons of this Act upon paine to forfeite for every such Offence the su[m]me of Five pounds; And that noe Horse Gelding or Mare to be used with any Hackney or Stage Coaches shall be under the Size of Fourteene Hands high according to the Standard: And that every Coach soe lycensed shall have a Marke of distinc[i]on by Figure or otherwise as the said Co[m]missioners shall thinke fitt And the said Marke shall be placed on each side of every such Coach in the most convenient [place (fn. 1) ] to be taken Notice of to the end they may be knowne if any Complainte shall be made of them and that noe person shall be lycensed to keepe more then Two Hackney-Coaches which Coaches shall have every one of them severall Figures or Markes of distinc[i]on in the same manner as if they did belong to severall persons; And that noe person shall putt the same Figure or Marke of distinc[i]on upon his Coach that is appointed for any other Coach nor shall blott out obliterate alter or deface the Figure or Marke of distinc[i]on appointed by the said Co[m]missioners for his Coach under the Forfeiture of Five pounds for every such Offence one moiety whereof shall be to the Informer and the other moiety to the use of theire Majesties; And the said Co[m]missioners for lycensing and regulateing of Coaches are hereby required in the first place to lycense all such persons as have beene ancient Coach-men who have formerly had Lycenses by Act of Parliament or the Widdowe or Widdowes of any of them unlesse they shall neglect or refuse to take such Lycences upon the respective Termes hereby allowed within a reasonable time to be limitted by the said Co[m]missioners not lesse then Twenty dayes:-

V. Commissioners licensing above Seven hundred; &c.

Penalty £100.

And be it further enacted That if any Co[m]missioner soe appointed shall grant Lycences for more then the Number of Seven hundred Hackney Coaches as before is directed or shall grant any Lycence for any HackneyCoach or Stage-Coach for any longer time then is herein before directed for Hackney-Coaches and Stage-Coaches respectively he shall forfeite for every such Offence One hundred pounds to be prosecuted and recovered by any person who will sue for the same by Acc[i]on of Debte Bill Plainte or Informac[i]on in any of theire Majesties Courts of Record att Westminster in which noe Essoign Protecc[i]on Wager of Lawe Priviledge or more then one Imparlance shall be granted or allowed:-

VI. Rates of Hackney Coaches.

Coachman refusing to go, or exacting; Penalty 40 s.

And be it further enacted by the Authority aforesaid That noe Hackney-Coacheman soe lycensed nor the Driver of such Coach shall p[re]sume to take for his hire in and about the Cityes of London and Westminster or within Tenne Miles thereof above the rate of Tenne shillings for a day reckoning Twelve Hours to the day and by the hour not above Eighteene pence for the first hour and Twelve pence for every hour after; And that noe Gentleman or other person shall pay from any of the Inns of Court or thereabouts to any parte of Sainte James's or City of Westminster (excepte beyond Tuttle-Streete) above Twelve pence and the same Prizes from the same Places to the Inns of Courte or Places thereabouts and from any of the said Inns of Court or thereabouts to the Royall Exchange Twelve pence and if to the Tower of London or to Bishopsgate-Streete or Aldgate or thereabouts Eighteene pence and soe from the same places to the said Inns of Court as aforesaid and the like Rates from and to any place att the like distance with the places before menc[i]oned; And if any Coachman shall refuse to goe att or shall exact more for his hire then the severall rates hereby limitted he shall for every such Offence forfeite the su[m]me of Forty shillings:-

VII. Commissioners may appoint Under Officers.

Unduly taking Fee; Forfeiture of Office, and Incapacity; Fee for Licence.

And be it further enacted That the said Co[m]missioners may appointe such other Officer or Officers under them as they shall finde necessary for the carrying on the said service with such moderate allowances as shall be fitt and the said Co[m]missioners and other Officers under them and every of them are hereby required not to take or demand directly or indirectly of any person for theire Lycences any su[m]me of money or other gratuity or considerac[i]on whatsoever other then what is herein directed to be paid to theire Majesties nor to take or demand any fee or reward from any person or persons for any thing by them to be done in execuc[i]on of theire respective Offices or Employments other then from theire Majesties theire Heires and Successors upon paine to forfeite for every such Offence theire respective Offices and Employments and to be incapable of any new grant thereof excepte only that it shall be lawfull for the Clerks for theire paines in writeing and ingrossing each Lycence to have and receive the su[m]me of Two shillings and six pence and noe more:-

VIII. What Oath the Commissioners, &c. are to take.

1 W. & M. Sess. 1. c. 8.

And be it further enacted That the said Co[m]missioners and every of them and every Officer to be appointed under them shall before Two or more of the said Co[m]missioners take an Oath for the due and faithfull execuc[i]on of theire respective Offices and Employments and shall likewise take the Oaths appointed by an Act of Parliament made in the First yeare of theire Majesties Raigne entituled An Act for the abrogateing the Oaths of Supremacy and Allegiance and appointeing other Oaths which said Oaths the said Co[m]missioners or any Two of them are hereby impowered to administer And that noe person nor [persons (fn. 2) ] shall be capable of intermeddleing with the execuc[i]on of the powers and authorityes by this Act granted or any of them other then the power of administering the aforesaid Oaths to theire fellow Co[m]missioners untill they shall have taken the said Oaths as aforesaid:-

IX. Commissioners to pay the Money, and give Account of Licences annually upon Oath.

And be it further enacted by the authority aforesaid That all the su[m]mes of money Rents and Revenues by this Act ariseing over and above what shall be sufficient for Sallaries and other incident Charges for collecting or manageing the same shall from time to time be annually paid by the said Co[m]missioners or such other person or persons as shall be appointed by theire Majesties to receive the same into the Receipte of theire Majesties Exchequer; And the said Co[m]missioners shall upon Oaths deliver Bookes of Accounts fairely written containeing all the Lycenses granted and the names and sirnames of the respective persons to whome such Lycences are granted and the Rents and Profitts thereby accrewed unto the Co[m]missioners of the Treasury or Lord High Treasurer or Co[m]missioners of the Treasury for the time being once in every yeare or oftner if required:-

X. Penalties how levied; Distress.

If no Distress, Imprisonment.

And be it further enacted by the authority aforesaid That all Fynes Rents Forfeitures and Penaltyes that shall growe due and payable by virtue of this Act or breach of any Orders or Bylawes that shall be made by the said Co[m]missioners in pursuance of the authority to them given by this Act for that purpose shall be levyed by distresse of the goods and chattles of the Offender or Offenders by warrant under the hands and seales of the said Co[m]missioners or any Three or more of them which shall be sold within Tenne dayes and the overplus (all charges being allowed) shall be returned to the Owner and in defaulte of distresse or non payment the person or persons neglecting or refuseing to pay shall by warrant under the hands and seales of the said Co[m]missioners or any Three or more of them be co[m]mitted to prison there to continue without baile or mainprize till he or they have paid such Rent Fine Forfeiture or Penaltie as was due from him or them:-

XI. Offences (Exception) determined by the Commissioners.

And be it further enacted That all the Offences against this Act or any thing therein conteined (other then the Offences of the Co[m]missioners themselves) shall be heard and determined in a su[m]mary way by the said Co[m]missioners or any Three or more of them upon the Oath of One or more credible witnesses (the Party accused being su[m]moned to make his defence) or upon the confession of the party offending and one moiety of all the Forfeitures and Penaltyes to be incurred by this Act shall be to theire Majesties theire Heires and Successors and the other Moiety to the Informer:-

XII. In Actions for executing this Act, General Issue may be pleaded.

Double Costs.

And be it further enacted That if any person or persons shall att any time be sued or prosecuted for any thing by him or them done or executed in pursuance of this Act he or they shall or may plead the Generall Issue and give this Act in evidence for his defence and if upon a tryall a verdict shall passe for the Defendant or Defendants or judgment shall be given against the Plaintiffe or Plaintiffs upon Demurrer or the Plaintiffe or Plaintiffs be nonsuit discontinue or forbeare prosecuteing theire said Acc[i]ons then such Defendant and Defendants shall have double costs to him or them awarded against such Plaintiffe or Plaintiffes for which costs he shall have such remedy as in other cases where costs are by Lawe given to Defendants:-

XIII. No Certiorari.

Provided alsoe and be it enacted That noe Writt or Writts of Certiorari shall supersede execuc[i]on or other proceedeings upon any Order or Orders made by the said Co[m]missioners in pursuance of this Act but that execuc[i]on and other proceedings shall and may be had and made thereupon any such Writt or Writts or Allowance thereof notwithstanding:-

XIV. Commissioners may make Bye Laws, &c. to bind the Coachmen; and annex Penalties.

And be it further enacted by the authority aforesaid That for the better regulateing and ordering such persons who shall be lycensed to keepe Hackney or Stage-Coaches as aforesaid and to prevent Disturbances and other inconveniencies in the Streetes and Highwayes where such Coaches shall stand or be driven and for punishment thereof it shall and may be lawfull for the said Co[m]missioners or the major parte of them from time to time to make such Orders By-lawes and Ordinances to binde such persons only who shall have lycenses to keepe Coaches theire Executors Administrators and Assignes and to annex such reasonable penaltyes and forfeitures for the breach thereof as to them in theire discrec[i]on shall seeme fitt soe as such Orders Bylawes or Ordinances be made agreeable to the true intent and meaneing of this Act and for the better putting in execuc[i]on thereof and for the good government and regulation of the persons lycensed to keepe Coaches and soe as they doe not containe any thing repugnant to the lawes of the Realme:-

XV. Acquittances for Rents, &c. by Commissioners gratis.

And be it further enacted That upon payment of the severall su[m]mes of Fifty pounds hereby appointed to be paid as a Fine upon granting Lycenses and upon payment of the respective Rents thereupon to be reserved as they shall growe due the said Co[m]missioners or such other person or persons who shall be appointed as aforesaid to receive the same shall give acquittances gratis to the respective persons soe paying the same under theire hands and seales which acquittances shall be a sufficient discharge to the persons paying the same:-

XVI. Bye Laws to be approved by Lord Chancellor, &c. and executed by Justice of Peace, &c.

Penalties, &c. executed by Justices, Mayors, &c; No double Punishment.

Provided neverthelesse and it is enacted That such Rules Orders and By-lawes soe to be made by the said Co[m]missioners shall be allowed and approved by the Lord Chancellor Lord Keeper or Lords Co[m]missioners of the Greate Seale of England for the time being and the Two Chiefe Justices of either Bench and the Lord Chiefe Baron of the Exchequer or any Three of them And after such allowance the same shall be printed and made publicke: And the breach of any of the Rules and Orders appointed by this Act and the penalties thereupon and the Rules Orders and By-lawes to be made by the said Co[m]missioners and allowed as aforesaid and the forfeitures and penalties thereupon shall be punishable and inflicted and putt in execuc[i]on by any Justice of the Peace Mayor Bayliffe or other Magistrate of the County City or Place where such Offence shall be co[m]mitted in as full and ample manner as the said Co[m]missioners hereby to be appointed might doe the same and as if the said By-lawes Rules and Orders were particularly incerted in this present Act: But noe person shall be twice punished for the same Offence:-

XVII. Recital of 29 Car. II. c. 7. 175 Coaches may drive upon the Lord's Day.

And whereas by one Act of Parliament made in the Nine and twentieth yeare of the Raigne of King Charles the Second entituled An Act for the better observac[i]on of the Lords Day co[m]monly called Sunday; the standing to hire and driveing of Hackney-Coaches on the Lords day are restrained; And whereas the said restrainte is many times found to be inconvenient aswell in order to the observac[i]on of the day as otherwise Be it therefore enacted by the authority aforesaid That it shall and may be lawfull to and for the said Co[m]missioners to appointe (without any fee or reward for the same) One hundred seaventy five and noe more of the said Hackney-Coaches to ply stand and drive on the Lords Day within the weekely bills of Mortality only; so as the wholl number of Seaven hundred may be imployed successively:-

XVIII. Unduly plying on the Lord's Day;

Penalty £5.

And be it further enacted by the authority aforesaid That if att any time after the said Four and twentieth day of June any Hackney-Coach shall ply stand and drive upon the Lords day other then such as shall be soe appointed as aforesaid and for the dayes only for which they shall be respectively appointed as aforesaid or any where else [then (fn. 3) ] within the weekely Bills of Mortality the Owner of such Coach shall forfeite the su[m]me of Five pounds to be recovered by such person as shall sue for the same by accon of Debt Bill Plainte or Informac[i]on wherein noe Protecc[i]on Priviledge or Wager of Lawe or more then one Imparlance shall be allowed:-

XIX. Printed List of the Sunday Coaches.

And for the more effectuall discovery of such Coaches as shall offend herein Be it enacted by the authority aforesaid That the said Co[m]missioners shall direct to be printed and made publicke one List or Account of all the particular numbers of such Hackney-Coaches as shall be appointed for every Lords day successively throughout the yeare:-

XX. Annual Account before the Auditors.

Grant of the King of Monies by this Act, void; Penalty £500 upon Grantee.

And it is hereby further enacted That an account of the profitts and dutyes ariseing by virtue of this Act shall every yeare dureing the continuance thereof be made up before the Auditors of the Imprest And if any person or persons Bodyes Politicke or Corporate shall att any time hereafter procure or accepte from theire Majesties theire Heires or Successors any pension gift or grant for yeares or life or any other estate or any su[m]me or su[m]mes of money out of the Revenue ariseing by virtue of this Act that then every such grant shall be void and the person or persons procureing or accepting the same shall forfeite the su[m]me of Five hundred pounds the one moiety of which forfeiture shall be to the use of the Poore of the Parish where the said Offender shall inhabitt and the other moiety to him that shall sue for the same by acc[i]on of Debt Bill Plainte or Informac[i]on in any of theire Majesties Courts of Record:-