Here we have brought the Coaches under a Police similar to that of our own time; but it did not long remain in the hands of the Corporation; for in the year after the Restoration, the establishment was new-modelled by an Act of the 13th and 14th of King Charles II. 1661, wherein it is specified that no Coaches were to be used without a Licence,—who may be entitled to such Licences,—that the number shall not exceed 400,—what shall be the rates,—with penalties for exacting more[366].
Each of these four hundred Coaches so licensed was obliged to pay annually five pounds for the privilege, to be applied towards the keeping in repair certain parts of the streets of London and Westminster[367]; a very rational appropriation of such fund, for who ought so much to contribute to the amendment of the streets, as those who lived by their demolition?
"Nex Lex æquior ulla, quam," &c.
Within a few years after the Revolution (anno 5 Gul. et Mar. ch. xxii.) the number of Coaches arose to seven hundred, each of which paid to the Crown annually four pounds. This, primâ facie, one would suppose was a relief to the Coach-Masters, and that the reduction in the impost accrued from the number; but that was not the case, for every Owner, for each Coach, was constrained to pay down fifty pounds for his first Licence for twenty-one years, or forego his employment; which seeming indulgence was, in fact, paying five pounds per annum for that term; whereas, probably, the Coach-Master would rather have continued at the former five pounds, and have run all risks, than have purchased an exclusive privilege, in the gross, at so high a price.
The finances, and even the resources, of Government, must have been very low at this moment, or Ministry could never have stooped to so paltry and oppressive an expedient, to raise so small a sum as would arise from these Licences. By the increase of the number of Coaches from four hundred at five pounds per annum, to seven hundred at four pounds per annum, the gain to the Treasury was £.800 annually:—and what did the licences at fifty pounds each Coach, for the term of twenty-one years, yield to the State?—£.3,500! Whereas, had such lease of the privilege of driving a Coach been kept at the rack rent of five pounds per annum, it had produced in that period £.14,700.
Thus, however the matter rested, till the ninth year of Queen Anne, 1710, when a Statute was made, which brought the business to its present standard, with a few variations, which will be observed in the order of time. By this Act every circumstance was new modelled; for thereby the Crown was impowered to appoint five Commissioners for regulating and licensing both Hackney Coaches and Chairs, from the time the late Statute of the fifth of William and Mary should expire, viz. at Midsummer A. D. 1715, authorizing such Commissioners to grant licences to eight hundred Hackney Coaches from that time for the term of thirty-two years, which should be allowed to be driven in the Cities of London and Westminster, and the Suburbs thereof, or any where within the Bills of Mortality; each Coach paying for such privilege the sum of five shillings per week[368]. It was at the same time enacted, that from the 24th of June, 1711, all horses to be used with an Hackney Coach shall be fourteen hands high, according to the standard; and further, that every Coach and Chair shall have a mark of distinction, "by figure or otherwise," as the Commissioners shall think fit; and "the said mark shall be placed on each side of every such Coach and Chair respectively, in the most convenient place to be taken notice of, to the end that they may be known if any complaints shall be made of them[369]."
This was all that could then be done respecting the Coaches, forasmuch as the old term of twenty-one years, granted in the fifth year of William and Mary, 1694, was subsisting, whereby seven hundred Coaches were allowed, and for which privilege the Owners had paid fifty pounds each, on whom Government shewed some tenderness. With regard, however, to regulation, &c. there was, no doubt, room sufficient for the exercise of the powers given to the Commissioners. There was, likewise, another object involved in this Statute; viz. the Chairs, which were not comprehended in the same agreement and contract with the Coaches, but were open immediately to new laws. Therefore under the same commissions was placed the management and licensing of the Hackney Chairs, to commence from the 24th of June in the following year, 1711, for the said term of thirty-two years; which were thereby limited to the number of two hundred, each paying for such licence the annual sum of ten shillings[370]. As the number of both Coaches and Chairs was enlarged, whereby many new persons would come forward, perhaps to the ousting of the old Coach-Masters and Chair-Masters, it is required by this Act that the Commissioners shall give a preference to such of the Lessees, as I may call them, whose terms had not then expired, whether the right remained in themselves or their widows, if they applied within a given time[371].
By this statute likewise the rates were limited to time and distance, at ten shillings by the Day.—One shilling and six pence for the first Hour, and one shilling for every succeeding Hour.—One shilling for the distance of a mile and a half.—One shilling and six pence for any distance more than a mile and a half, and not exceeding two miles; and so on, in the proportion of six pence for every succeeding half mile.
The Chairs are likewise at the same time rated at two-thirds of the distance prescribed to the Coaches, so that they were allowed to take one shilling for a mile, and six pence for every succeeding half mile.
Though the time of waiting is not specified in the Act with regard to the Chairs, yet it follows, by implication, to be intended the same as the Coaches. These have been altered by a very late Statute, 1785. It is well known that it is left in the option of either Coachmen or Chairmen, whether they will be paid by the distance or the time, which is but a reasonable privilege; but there is another circumstance, not generally known, of which the passengers are not perhaps aware, viz. that if the room which a Coach will occupy in turning about should exceed the distance allowed, the Coachman is entitled to a larger fare, that is, as much as if he had gone another half mile. The doctrine is the same respecting Chairs, and the room allowed is eight yards in the case of a Coach, and four yards in the case of a Chair. As the Statute gives all competent allowances to the Coachmen and Chairmen, so it was requisite, on the other hand, to make the contract obligatory, and that each of them should be compellable to perform their parts; and therefore, to do this, and at the same time to prevent extortion, it became necessary to add a severe penal clause, viz. "that if any Hackney-Coachman or Chairman shall refuse to go at, or shall exact more for his hire than, the several rates hereby limited, he shall, for every such offence, forfeit the sum of forty shillings." These penalties were, by this Act, to have gone in the proportion of two-thirds to the Queen, and one-third to the Plaintiff. [Since made half to the Crown and half to the Complainant.] The Coachmen and Chairmen are thereby likewise liable to be deprived of their Licences for misbehaviour, or by giving abusive language[372]. On the other hand, that the Coachmen and Chairmen might have a remedy in case of refusal to pay them their just fare, any Justice of the Peace is impowered, upon complaint, to issue a warrant to bring before him the Recusant, and to award reasonable satisfaction to the party aggrieved, or otherwise to bind him over to the next Quarter-Session, where the Bench is empowered to levy the said satisfaction by distress. The Act proceeds to other matters touching the Commissioners themselves, &c.; and then states, that whereas by a Statute of the 29th of Charles II. the use of all Hackney Coaches and Chairs had been prohibited on Sundays, it gives full power both to stand and to ply as on other days.[373]