Traffic on Highways Act 1757
| Year | 1757 |
(30 Geo. 2) C A P. XXII.
'WHEREAS by an Act made and passed in the eighteenth Year of his present Majesty's Reign, intituled,An Act to repeal a Clause in an Act made in the third Year of the Reign of KingWilliamand QueenMary , relating to Carts used by Persons inhabiting within the Limits of the Weekly Bills of Mortality; and to allow such Carts to be drawn with three Horses; and to prevent the Misbehaviour of the Drivers of Carts in Streets within the said Limits ; therein reciting (amongst other Things) that great Inconveniencies had arisen from the irregular Behaviour of Carmen, Draymen and other Persons driving Carts, Drays and other Carriages within the Cities of London and Westminster , and Suburbs thereof, the Borough of Southwark , and other Streets within the Bills of Mortality, by their misusing and hindering the Passage of his Majesty's Subjects through the said Streets and Highways, and committing other Disorders of the like Kind; For Remedy whereof it was thereby enacted, That from and after the twenty-ninth Day of September one thousand seven hundred and forty-five, no Person or Persons whatsoever should drive any Cart, Car or Dray of any Kind whatsoever, within the Limits aforesaid, unless the Master or Owner of such Cart, Car or Dray, should place upon some conspicuous Part of such Cart, Car or Dray the Name of the Owner of such Cart, Car or Dray, and the Number of such Cart, Car or Dray so belonging unto him, in order that the Driver of such Cart, Car or Dray might the more easily be convicted for any Disorder or Misbehaviour committed by him as aforesaid; and it was thereby further enacted, That every Owner of such Cart, Car or Dray residing within the Limits aforesaid, should enter his Name and Place of Abode with the Commissioners for licensing Hackney Coaches, for which Entry he should pay the Sum of one Shilling and no more; and the said Commissioners were thereby required to receive and register such Entry as aforesaid; and it was thereby also enacted, That in case any Person or Persons should drive any such Cart, Car or Dray, within the Limits aforesaid, not marked, numbered and entered as before directed, every such Person so offending should forfeit the Sum of forty Shillings, and it should be lawful for any Person or Persons to seize and detain the Cart, Car or Dray, or any of the Horses drawing the same, and them to detain until such Penalty should be paid: And whereas no Provision is made by the said Act, to whom the Money forfeited shall go and be paid, or to sell the Cart, Car, Dray or Horse as shall be seized in pursuance of the said Act, to raise the forty Shillings forfeited;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That one Moiety of the Money which shall be forfeited by the Driver of any Cart, Car or Dray, under the said Act, shall go and be paid to the Person or Persons who shall apprehend and prosecute to Conviction any Offender or Offenders against the said Act; and that the other Moiety thereof shall go and be paid to the Overseers of the Poor, if there shall be any, of the Parish or Place in which the Offence shall be committed; and if there shall be no Overseers in such Parish or Place, then to some other Officer of such Parish or Place, for the Use of the Poor of such Parish or Place; and if the Offender or Offenders, on being convicted of any Offence against the said Act, before any Justice of the Peace within his Jurisdiction, shall not within the Space of twenty-four Hours after any such Conviction, pay the forty Shillings forfeited, then the same shall be raised by Sale of the Cart, Car, Dray or Horse which shall be seised; and every Justice of the Peace within his Jurisdiction is hereby authorised and required to issue his Warrant under his Hand and Seal, directed to the Constable, or some other Peace Officer of the Parish or Place in which the Cart, Car, Dray or Horse seized shall be, to cause Sale to be made thereof with all convenient Speed, for raising the Money which shall be forfeited for any such Offenceor Offences as aforesaid; rendering to the Offender or Offenders the Overplus (if any there shall be) after deducting the Charges of the Sale of any such Cart, Car, Dray or Horse, and also the Expences the Party or Parties who shall have made the Seizure shall be at by detaining or housing thereof, or keeping any Horse seized, until Sale shall be made thereof in pursuance of this Act, or the Money forfeited shall be paid.
II On changing the Property, new Owner's Name to be affixed on the Cart,
II. And be it further enacted by the Authority aforesaid, That every Time the Property of any Cart, Car or Dray, which is or shall be entered with the said Commissioners for licensing Hackney Coaches in pursuance of the said recited or this present Act, shall be altered, the new Owner or Owners thereof shall, from time to time, within seven Days next after he, she or they shall become Owner or Owners thereof, cause the Name or Names of the former Owner or Owners thereof to be taken off from every such Cart, Car or Dray, and the Name or Names of the new and real Owner or Owners thereof to be put or painted in large and legible Charactersupon some conspicuous Part thereof, and also to be entered with the said Commissioners for licensing Hackney Coaches; and if any Omission shall be made in doing thereof, and any Person shall drive any such Cart, Car or Dray within the Limits aforesaid, not having the Name or Names of the real Owner or Owners thereof painted or put thereon, in some conspicuous Part thereof, and also entered with the said Commissioners for licensing Hackney Coaches as herein before is directed, every such Person so offending in the Premisses, shall forfeit for every such Offence the Sum of forty Shillings on being thereof convicted, either by his own Confession, or by the Oath of one or more credible Witness or Witnesses, before any Justice of the Peace of the County, City, Division or Place where any such Offence shall be committed; and the said Moiety so forfeited, shall go and be applied in like Manner as the forty Shillings forfeited for any Offence committed against the said herein before recited Act is hereby directed to go and be applied; and every such Cart, Car and Dray, and any Horse drawing the same, is and are hereby subjected and made liable to be seized by any Person or Persons, and also to be sold, to raise and answer the Money which shall be forfeited in pursuance of this Act, together with the reasonable Charges of every such Sale, and of Housing the Cart, Car or Dray which shall be seized under this Act, and keeping the Horse which shall be also seized under this Act, until Sale shall be made thereof, or the Money forfeited shall be...
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