The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-07


o0nVssesA
the MAYOR AA4rssr lxRTmI AND IyXxsoN. =
DseAAon'sf a1sties houzsfsrt
sfaey sSsss4esa, The lenS agiAesd snnpus
qYs3aon' bsewss1/ Asyss xinSslaSd, anA Berthe =
HSsssen' psn&aak bsssss Ne Dsssss magistrate, the
matter w. dssaosl b the Justiss eosvicting oil the
psruss cenpaN.nsA against. The following 10 the
Judgment sayAs magistrate =
rs SG:: z Nee N~s' G.y sn1 c.snty u Neg Isr. 81.
Jsan kis ss:s Hiil.s~ HsR WSiham va1er, George
hsussos, crd Jsvs1 Cecil: Tho foregoing complaints
1s5va named Tor violstions Of the eighth and ninth
seeSssns Of tide enc, chapter nfy nine Of the 0rd
Hn1isss4 a0f stssss or Accom- nodation Cosshss,' p
yasse9 My ., 1859 ana which chapter enacted
sly q New York, IN Common CounOn,o on the Goth
dAsts is for violation Of section eight Of said chap
teri snd the psints against the three last named
dsfend.nts Is for violation Of section niAs Of the
Title ons Of said chapter u OF Licensing Stages or
| Accommodation Cssshss, and Drivers And section
SIC The Mayor Of the city of New York, for the
time bspg, 10 hereby authorized and required, from
seal end revoke The same It his psssursJ to 90 many
persons - he shAll think proper, TO keep and use
accommodation coaches or stage coaches. Such pcen
shall specify In cecil case and tor each coach or
stage the Of the the number Of tns ooaoh
stage the route to be taken In going to and return
Ing fren sseA parts Of the city for which it shall be
Sections 4, 8 and TO- Of the sams Title - fol-
sEc 4-sepsrats license shall be taken ont for every
accommodation stage or coach.
sas S,So person shai keep or drive 70. hi..
coach stage, or stage coach BY whatever name or
title the same may be known or designsted, without
being licensed aforesaid und der the penalty Of nty
dollars for every such offence to be recovered from the
owner or owners or driver thereof severaly and re-
SIC. s-No person ihsn drive any such coach or
stage unless he be twenty years Of age and have
obtained license from the Mayor for sach purpose, IA
der the penalty Of ten dollars for every such offence
be recovered from the owner OF such coach or stage
and from such driver. both or either.
SIC. lo.-The Mayor Is hereby authorized to grant
licenses from time to time to drivers Of such coaches
herein mentioned rs often may be necessary
and TO suspend and revoke the same whenever he may
Prior to the year 1896 the penalties prescribed in
the foregoing sections recoverable only by suits
law Instituted behalf OF the city by the corpo
ration attorney By means OF political and other In
fuences, but few of the numerous complaints made
to the city when judgments obtained against the
delinquents In order to correct this great and In
creasing evil the Legislature embodied In article Of
the Law, passed May H. 1s4e, by two third vote,
| titled An act to amend act, entitled act for
the establishment and regulation Of the ponce 81 the
city Of Now York; passed May TIN. l644 the follow
/ ing -
src. 1o-seetions twenty snd twenty ons OF as act,
Council Of the City of New York, ana the police and
criminal courts of said city" passed January 23d,
men, hackney cosches and hackney coscbmen, stages
! and accommodation coaches. or omnbuses and their
drivers: and public poI.eIs and hand caItmsn
nuAry "a 1t33 referred TO in secon 10 Of the act Of
May 18th, le46, above quoted lie as follows =
SIC 20-It shall be lawful for the Mayor Aldermen
and Commonalty OF the city OF New York Ia Common
Council convened, to pass such ordinances as they
may deem necessary for the regulating and licensing
of keepers of ordinares, victuslling houses, or
where ruit, oysters clans liquors, meats shall be
sold and for the more sfectual suppression of vice
/ and i'm ornlit md of ma
good order in said city and for the licensing and other
Wie regulating the and employment Of dirt carts
and to vent regulate the firing Of any ere
or the firing or setting Of any quibs, gunpow der
Iocksts or fire works, in said city.
dpeDces ,hs be deemed guilty Of nlisd emsanor and
be punished on conviction before eny of the magis
trates described in the sscond section Of this s by
fns not exceeding dollars or in default Of the
payment Of fuch hne by imprisonment provided such
imprisonment does not exceed ten daya
The second section Of the act Of January IS 1888,
mentioned in the twenty first section Of the act
comforting final jurisdiction in the named in
SIC IL. shall be the duty Of every constable, or
other peace officer whenever required by any person
to carry convey conduct such yagrsnt before the
May or Recorder, or one Of the Aldermen special
justices OF the saie city FOR the purpose Of e1amna
ton.
Section three Of the same as. prsssribes the mode
| Of procedure; and although the word warrant 10
Ssss IN .n ,s wei N. prscsa,ns sssnon w.. ssi
on complaints for violating certain ordi
pances therein mentioned, shall ,onform thereto.
nation Of the cares before me, I have been guided
sirctly by the statutes In su;h cares made and pro-
yided-
SIC 3. Ifsuch magistrate be satisfied, by the con-
fefson ofthe offender, or competent testimony that
:s S. ma I'm 'n. aots
thereof which shall be asd in the o,s Of the Clerk
OF the Court Of Sessions and shsll BY warrant under
bis hand conmit such yagrant,n &c.
BY An Act in relation to Justices and Police
Courts in the city Of New York. passed March 30,
ls4s the Legislature inverted the police Justices with
all the possrs,n and required them to perform all
the duis OF he special justices for preserving the
peace In the city OF New YORK.
Such is the Law VIII no advert to the testimony
It Is clearly proven that the 18th day offebrusry
ls5i. Hamilton Weaver, Ralph d. Martin, John MI
aud iliam Holt. each driving stage In
the city Of New York tor hire wages and receiving
fare from the passspg.rs in the stages so driven BY
required BY Law the license of each OF said stages
having been revoked BY the Mayor on the eighth day Of
IL abe fully proven BY competent tsst.ns,y. that
on the sais 18th day o. February, 1891, william Vsder,
,S .tbopt having obtain 'n n ss
May for ucb purpose aud that neither OF ths stages
80 driven by raid vsdsr. Houston and Cook respes-
sscb Of said aages been revoked by the Mayor
or the eighth Of raid month Of February
Il IL not my province part Of N official duty 20
the acts ef tie Mayor, aud l am not therefore
new 70 decide, or express opinion, whether he
defendants, vac legal or proper Having confidence
however in the great intesty Of Character Of Mayor
kinsslsnd. dostt not that he ha. ssted eonsoien-
cry HE ersiprsrogstve but bis duty to revoke
sad Iicsptss Az the legality ofsuch revocation and
tie extraordinarily OF the Lac will probably be tested
bsfcre mo proper tribunal competent TO decide on
soch Qissinns, shall refrsin froa nskpg any fur.
fbsr remarks on that tunj.ct. will take this
sion 10 ray that II my judgment secson l. Of title A.
of chapter 80, oft ordinance or stages aocommo.
dation coaches should b. 80 amended az 20 reli-vs
the Of the slmost sepotic poser vested in
that fub ctionary BY Law The poser u authorizing
-stsbishiDs disooptnung stage routes in tho city
Of Nsv York isa matter Of more Interest and IMPORT.
The city than has hitherto been supposed snd
n ,hould never have been parted with by the
Comnop Council. but retaining 20 Themselves
sncb risbt the routes should be d.sgnated By ords-
nance After the several stage routes have been 80
txsd and established every citizen OF tbs OF
twenty one years and pp-ards, and the OF tve
good horses and suitable accommodation stage,
skeud be licensed TO drive Of such routes under
suisble regulations and restrictions The mo.
popoly OF stag. routes By capitalists would thas lie
broken up and men Of modsrse~ means thereby he
abka IN hark in the business have no doubt the
public would be as well accommodated
In opinion would have been B. ter for Wears.