The National Register.
London, England, 1820-12-10 00:00:00

111.1 s. that is SI. for each of two penalties, and Mts. costs.
The Court knew there was an old Act of George the First,
which provided that no coach should travel fur hire in the
streets or liberties of the metropolis, unless previously licen-
sed as the law required berme the commissioners of hackney
coaches; bnt there was also the Stage Conch Act of the
late King, which provided that the penalties of the Act of
George the East should not attach to stage coaches putting
down passengers within the hills of mortality, such singe
coaches nut travelling out of the regular line of their ply to
de so. Mr. Cloud was therefore in setting down the St.
Paul's passenger strictly conforming to the last law, and not
liable to the penalty which he now sought to recover buck.
If it were otherwise, the Court would at once see the un.
warrantable extent and severity of the hardship. Suppose
he (the Learned Sergeant) were to take his place and pay
for it, in the Bath coach, and stop at the stage from Hyde.
Pal k•corner, or ut the top of Piccadilly, why of comae they
would call him a foul for his pains; but could the coachman
say to him, or to any other Englishinaii„—" No, Sit., upon no
account, and for no occasion, shall I let you down, lest the
hackney-coach commissioners should fine me, you must go
on to Bath, haying paid your fare, I will not stop in Pie.
cxdilly." SS mild ally Englishman endure tins, and yet he
must endure it, if the plaintiff did not obtain buck his penalty
in this case. He was therefore ready to skew tile Court that
Mi. Cloud was a regular licensed stage-coach proprietor,
that the gentleman paid his full fare in St. Paul's Church-
yard, and was regularly booked to Kensington, hut set down
by his desire at Hyde Park Corner, without the coach going
one inch out of its line of road.

Mr. Shephrrd said, that the importance of the case was
this, The fare to Hyde Park Corner was only eighteen.
pence in this manner by the stage, and the effect of permit-
ting such an arrangement must defeat the protection of the
Hucktrzy Coach Act in Town. But the Court could nut
enter upon this subject—it was already decided before the
Commissioners, from wnuse judgment there was no appeal.
He requested the Court would suspend the cause until the
arrival of the Solicitor General.

Mr. Sergeant Pell said, thut nobody could call upon the
Court to disturb any judgment properly and competently
pronounced ; but the Court could and must, when applied to
interfere, if Magistrates or Commissioners exceeded their
vested duty. That was the case here : the Hackney-Coach
Commissioners had exercised a duty improperly, having
levied a penalty which they had no right to impose, the
Hammersmith stage acting precisely as the law warranted.—
whole of the vet.) useful and convenient vehicles which tra-
versed the short rta••es about the metropolis were vitally
interested in the decision of this question.
Mr. Shepherd replied, and so were the hackney coaches,
who paid a large duty, under the protection of the Com-
missioners.

The Chief Justice said, he saw the importance of the in-
terests concerned in the issue, and he would certainly wait
to hear the Solicitor-General. As it was now near four
o'clock, the hearing must stand over until a future day.
ttOND•V, MiIIiENIZER 4.
The Solicitor General was engaged on the part of the
Comissioners for Hackney Coaches to contend that the
adjudication already lied In the cause was final.
Mr. Sergeant Pell said, that he was on the other side
and prepared to argue that the conviction mast be main-
tained. Indeed he thought the Acts of Parliament placed
the emitter beyond all dutibt, nod leave but a ',lain simple
case before the court.
The Solicitor General asked if his Learned Friend was
aware of the lath of the late Ling, and that it virtually
repealed the preceding acts, that is the relative position
that stage coaches had to hackney coaches, in their con-
trailistinguished mode of plying, a' laid down in the
former acts. By the latter act any stage coach driver
knowingly taking up a passenger, to let him down within
the bills of mortality, was liable to the tine, and that was
the present case.
Mr. Serjealit Pell, after some further legal contro-
versy a ith the Solicitor General, was at length sitar:red
to state his case, which was, the infliction of penalties
amounting to 111. Is. by the Commissioners under the
Hackney Coach Act, upon Mr. Cloud, the proprietor of
a Hammersmith stage, fur taking up a gentleman in St.
Paul's Chnich-yard, who paid his fare to Hammersmith,
and letting him down at Hyde Palk Corner, that being
within the line of the paved streets. He cited the various
acts, and contended that the penalties being wrongly
inflicted must he refunded. As to tlic case of the decision
being final with the Commissioners, lie denied that that
position could be supported, unless it was clear that they
comb! be proved to have acted within the terms of the Act
of Parliament. It was monstrous to suppose that if lie
could 'hew they had not acted conformaldy to the law,
their decision should not be revised. The Learned Ser-
geant concluded by reading the words of the clause in
the act of Gerge the 111. upon which he relied, and which
allowed stage coaches to take up passengers paying to go
their full journey, in any part `, out of the paved streets"
of the metropolis.
The Solicitor General contended, that " cut of the
paved streets;' meant to let the stage coaches to take lip
when off the stones. It was meant exclusively, and nut
After some further consultation between Counsel, it was
agreed to make a case for the opinion of the court, and
at present merely to give evidence of the facts.
The Solicitor General admitted that Mr. Cloud was a
duly licensed stage coach proprietor, and lie called upon
Ir. Sergeant Pell to admit that the coach took up the
passenger in St. Paul's Church Yard (certainly taking
from him the money, and booking him the tell fare to
lianintersmitb), knowing that he aas to be set down on
the stones.

Mr. Sergeant Pell refused to make this adusirion„ and
evidence was adduced to take the opinion of the Juicy
upon the simple tact, whether the driver of the stage
took up (Mr. Lindsay, the name of the passenger) a
person paying for Hammersmith, but knowing he was to
let him down within Hyde Park Corner.
Hobert Wells, the driver of the stage, proved hit hair-
hug taken up Mr. Lindsay on the allst and t2d of Aprils
Mr. L. having previously booked his place at the Goose
and Gridiron, St. Paill's Church Yard, fur HamoutstnitJy
and paid Is. od. the full fare. He on each day let down
Mr. Lindsay at the end of 114 If MM)11 Street, Plecadity,
when ordered: but when lie took up the fare he was trot
aw•rte the gentleman was to stop short of the full tare.
The Solicitor Gencral then produced Daniel Wells, the
informer, who said he hail seen fur several mouths Mr.
Lindsay going three or four times during each week from
St. Paul's Church Yard, after lie came from the L•'x-
change, ou his return home from May Fair. Sostietinsta
lie used to he let down at the White Horse Cellar and
at others the coachman wouid give tho slink to aoatl.