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| Ss.1-3 |
[1.] |
This Act shall extend only to such towns or
districts in England or Ireland as shall be |
| Extent
of Act. |
|
comprised in any Act of Parliament hereafter to
be passed which shall declare that this Act |
| |
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shall be incorporated therewith; and all the
clauses of this Act, save so far as they shall be |
|
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expressly varied or excepted by any such Act,
shall apply to the town or district which shall |
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be comprised in such Act, and to the
commissioners appointed for improving and |
| |
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regulating the same, so far as such clauses
shall be applicable thereto respectively, and |
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shall, with the clauses of every other Act which
shall be incorporated therewith, form part |
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of such Act, and be construed therewith as
forming one Act. |
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INTERPRETATIONS IN THIS ACT |
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And
with respect to the construction of this Act, whether incorporated in
whole or in part |
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with
any other Act, and of any Act incorporated therewith, be it enacted as
follows: |
| |
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|
| ''the
special |
2. |
The
expression "the special Act" used in this Act shall be
construed to mean any Act |
| Act'' |
|
which shall be
hereafter passed
for the improvement or regulation of any town or district |
| |
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defined or
comprised therein, and with
which this Act shall be incorporated; and the word |
| ''prescribed" |
|
"prescribed"
used in this Act reference to any matter herein stated, shall be construed |
| |
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to refer to
such matter as the same shall be prescribed or provided for in the special
Act, |
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and the
sentence in which such word shall occur shall be construed as if instead
of the word |
| |
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"prescribed"
the expression ''prescribed for that purpose in the special Act" had
been |
| "the |
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used; and the
expression ''the commissioners'' shall mean the commissioners,
trustees, or
|
| commissioners" |
|
other persons
or body corporate intrusted by the special Act with powers for executing
the |
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purposes
thereof. |
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| Interpretations |
3. |
The following
words and expressions in both this and the special Act, and any
Act |
| in this and
the |
|
incorporated
therewith, shall have the meanings hereby assigned to them, unless there
be |
| special Act |
|
something in
the subject or context repugnant to such construction; (that is to
say,) |
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(End Pg.1) |
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| S.3 |
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Words importing the singular number shall
include the plural number, and words importing |
| ''Number;'' |
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the plural number shall include the singular number: |
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| ''Gender;'' |
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Words
importing the masculine gender shall include females: |
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| ''Person;'' |
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The word ''person'' shall include a
corporation, whether aggregate or sole: |
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| "Lands;" |
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The word "lands" shall include
messuages, lands, tenements, and hereditments, of any |
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tenure: |
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| "Street;" |
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The word "street" shall extend to and
include any road, square, court, alley, and |
| |
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thoroughfare, or public passage, within the limits of the
special Act: |
| |
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| "Month;" |
|
The word "month" shall mean calendar
month: |
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| "Superior |
|
The expression "superior courts" shall
mean her Majesty's superior courts;" courts of |
| courts;'' |
|
record at Westminster or Dublin, as the case may require
...1 |
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. .
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. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . . .2 |
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| [3'County;" |
|
The word "county" shall include riding
or other division of a county |
|
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having a separate commission of the peace, and
shall also include county of a city or county |
|
|
of a town;] |
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| "Justice;" |
|
The word "justice" shall mean justice of
the peace acting for the
[4county,) (city,] |
| "two
justices" |
|
[borough,] [liberty,] cinque port, [or other] place where
the matter requiring the cognizance of |
|
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any such justice arises; [4and where any matter shall be authorized or
required to be done
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by
''two justices'',
the expression ''two justices'' shall be understood to mean two or more |
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justices met
and acting together:] |
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. .
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . . .5 |
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| "Cattle." |
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The word 'cattle" shall include horses,
asses, mules, sheep, goats, and swine. |
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CITING THE ACT |
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And with respect to citing this Act, or any part
thereof, be it enacted as follows: |
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1
Words repealed by
Statute Law Revision Act 1891 (c.67) |
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2
Definition of "oath" repealed by Statute Law (Repeals) Act 1981 (c.
19), Sch. I Pt VIII |
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3
Definition of ''county" repealed (N.I.) by Statute Law Revision
(Northern Ireland) Act |
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1980 (c. 59), Sch. Pt. I |
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4
Words "county, city, borough, liberty or other" and words from ''and
where any matter" |
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onwards in the definition of "Justice" repealed
(N.I.) by virtue of Statute Law Revision |
|
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(Northern Ireland) Act 1980 (c. 59), Sch. Pt. I |
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5
Definition of
"quarter sessions" repealed (E. W.) by Courts Act 1971 (c. 23,
SIF 37), Sch. |
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11 Pt. IV and (N.I.) by Statute Law Revision (Northern Ireland) Act 1980
(c. 59), Sch. Pt. I |
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(End Pg.2) |
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| Ss.4-23 |
4. |
In citing this Act in other Acts of Parliament,
and in legal instruments, it shall |
| Short
title of |
|
be enough to use the expression, "The Town
Police Clauses Act, 1847 ," |
| this
Act. |
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| Form in which |
5. |
For the purpose of incorporating part
only of this Act with any Act hereafter to be passed, it |
| portions of Act |
|
shall be enough to describe the clauses of
this Act with respect to any matter in the words |
|
may be |
|
introductory to the enactment
with respect to such matter, and to enact that the clauses so |
| incorporated |
|
described,
or that this Act, with the exception of the clauses so described, shall
be |
| with any other |
|
incorporated
with such Act; and thereupon all the clauses of this Act so incorporated
shall, |
| Acts. |
|
save
so far as they are expressly varied or excepted by such Act, form part of
such Act, |
|
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and such
Act shall be construed as if such clauses were set forth therein with
reference to |
|
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the matter
to which such Act relates. |
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6-20. .
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . . . |
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OBSTRUCTIONS
AND NUISANCES |
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And with respect to obstructions and nuisances
in the streets, be it enacted as follows: |
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| Power
to |
21. |
The commissioners may from time to time make
orders for the route
to be observed by all |
| prevent |
|
carts,
carriages, horses, and persons, and for preventing obstruction of
the streets, within |
| obstructions
in |
|
the limits
of the special Act, in all times of public processions, rejoicings, or illuminations, |
| streets
during |
|
and in any case
when the streets are thronged or liable to be obstructed, and
may also |
| public |
|
give
directions
to the constables for keeping order and preventing any obstruction
of |
| processions, |
|
the streets
in the neighbourhood of theatres and other places of public resort; and
every |
| &.c |
|
wilful breach
of any such order shall be deemed a separate offence against this Act, and |
|
|
every person
committing any such offence shall be liable to a penalty not exceeding [1
1eve1 |
|
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3 on the standard
scale]. |
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22. |
.
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . .
. . |
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| Power
to stage |
23. |
No proprietor of any stage carriage duly
licensed to carry passengers for hire shall be liable |
| carriages to |
|
to any penalty for any deviation from the route
or line of route specified in his licence which |
| deviate
from |
|
the driver of such stage
carriage makes in consequence of any regulation or direction |
| route under |
|
made or given by the commissioners. |
| order free |
|
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| from penalty |
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24-36
|
. .
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . . . |
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1
Words substituted {E,W .) by virtue of Criminal Justice Act 1982 (c. 48,
SIF 39:1), ss. 39, 46, Sch. 3 |
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(End Pg.3) |
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HACKNEY
CARRIAGES
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| Ss.
37-39 |
|
Ss.
37-65 applied
with modifications by S.I. 1986/567. regs 3, 4 |
|
|
*Ss.
37-66. 68
repealed as to public service vehicles by Road Traffic Act 1930 (c.
43. |
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SIF
108) .Sch. 5 |
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|
Functions of commissioners as to
licensing of hackney carriages in City of London and Metropolitan Police |
|
|
District
now exercisable |
|
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by an Assistant Commissioner of Police
of the Metropolis: Metropolitan Public Carriage Act 1869 (c. 115. SIF |
|
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107:1),
ss, 6,8, 11, S.R.
& 0.1934 / 1346 ( Rev. XIV. p. 795: 1934 1. p.122) and S.I. 1955 / 1853
(1955
1,p.1143) |
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And
with respect to hackney carriages, be it enacted as follows: |
|
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| Hackney |
*37. |
The
commissioners may from time to time license to ply for hire within
the prescribed |
| carriages
to be |
|
distance,
or if no distance is prescribed, within five miles from the General Post
Office of |
| licensed |
|
the
city, town, or place to which the special Act refers, (which in that case
shall be deemed |
|
|
the
prescribed distance,) [1 such number of] hackney
coaches or carriages of any kind or |
|
|
description
adapted to the carriage of persons [1 as they think
fit]. |
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|
S. 37 extended by Town Police Clauses Act 1889
(c. 14. SIF107:1), s. 4(1)(2) and modified (E.W,) by
Transport Act |
|
|
1981 (c.56.SIF 107:)),s.3.S(3) |
|
|
|
| What
to be |
*38. |
Every
wheeled carriage, whatever may be its form or construction, used in
standing or |
| hackney |
|
plying
for hire in any street within the prescribed distance, and every carriage
standing |
| carnages. |
|
upon
any street within the prescribed distance, having thereon any numbered
plate |
|
|
required by
this or the special Act to be fixed upon a hackney carriage, or having
thereon |
|
|
any plate resembling
or intended to resemble any such plate as aforesaid, shall be deemed |
|
|
to be
a hackney
carriage within the meaning of this Act; and in all proceedings at Law or |
|
|
otherwise the
term "hackney carriage" shall be sufficient to describe any such
carriage: |
|
|
|
| Proviso
as to |
|
Provided
always, that no stage coach used for the purpose of standing or
plying for |
| stage
coaches |
|
passengers
to be carried for hire at separate
fares, and duly licensed for that |
|
|
purpose, and having
thereon the proper numbered plates required by law to be placed |
|
|
on such
stage coaches,
shall be deemed to be a hackney carriage within the meaning |
|
|
of this
Act. |
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|
S.38
excluded by Town Police Clauses Act 1889 (c. 14. SIF 107:I),s. 4
(1) |
|
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|
| Fee
to be paid |
[2*39
|
For
every such license there shall be paid to the clerk of the
commissioners, or other |
| for
licence |
|
person appointed
by them to receive the same,
such sum as the commissioners direct, not |
|
|
exceeding
[3 25p].] |
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1
Words repealed (E.W)
by Transport Act 1985 (c. 67.SIF 126), s. 16, Sch..8 |
|
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2
S.39 repealed (E.W.) by Transport Act 1985 (c. 64SIF 126),Sch. 12 Pt
III |
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3
Words substituted by Virtue of Decimal Currency Act 1969 (c. 19, SIF 10).
s. 10(1) |
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(End Pg.4) |
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| Ss.
40-43 |
*40
|
Before
any such licence is granted a requisition for the same, in such form
as the |
| Persons |
|
commissioners
from time to time provide for that purpose, shall be made and signed
by the |
| applying
for |
|
proprietor
or one of the proprietors of the hackney carriage in respect of which such |
| license to |
|
licence is
for the same applied for; and in every such requisition shall be truly
stated the |
| sign a |
|
Name and surname
and place of abode of the person applying for such licence, and of every |
| requisition |
|
proprietor or
part proprietor of such carriage, or person concerned, either solely or in |
|
|
partnership with any
other person, in the keeping, employing, or letting to hire of such |
|
|
carriage; and any person
who, on applying for such licence, states in such requisition the |
|
|
name of
any person who
is not a proprietor or part proprietor of such carriage, or who is not |
|
|
concerned as aforesaid
in the keeping, employing, or letting to hire of such carriage, and |
|
|
also
any person who
wilfully omits to specify truly in such requisition as aforesaid the name |
|
|
of any person who
is a proprietor or part proprietor of such carriage, or who is concerned
as |
|
|
aforesaid in the
keeping, employing, or letting to hire of such carriage, shall be liable
to a |
|
|
penalty
not exceeding
[1 level 1 on the standard scale]. |
|
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|
|
S.40
extended by Town Police Clauses Act 1889 (c. 14, SIF 107;1), s. 4(1)(2) |
|
|
|
| What
shall be |
*41. |
In
every such licence shall be specified the name and surname and place
of abode of every |
| specified
in the |
|
person
who is a proprietor or part proprietor of the hackney carriage in
respect of which |
| licenses. |
|
such
licence is granted, or who is concerned, either solely or in
partnership with any other |
|
|
person,
in the keeping, employing, or letting to hire of any such carriage, and
also the |
|
|
number
of such licence which shall correspond with the number to be painted or
marked on |
|
|
the
plates to be fixed on such carriage, together with such other particulars
as the |
|
|
commissioners
think fit. |
|
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|
|
S.
41 extended by Town Police Clause.~ Act 1889 (c. 14, SIF
107;1),S.4( 1)(2) |
|
|
|
| Licences
to be |
*42. |
Every
licence shall be made out by the clerk of the commissioners, and duly
entered in a |
| registered |
|
book
to be provided by him for that purpose, and in such book shall
be |
|
|
contained columns
or places for entries to be made of every offence committed by any |
|
|
proprietor or driver
or person attending such carriage; and any person may at any |
|
|
reasonable
time inspect
such book without fee or reward. |
|
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|
|
S.
42 extended by Town Police Clauses Act 1889 (c. 14,SIF107:1), s,
4(1)(2) |
|
|
|
| Licence
to be in |
*43. |
Every
licence so to be granted shall be under the common seal of the
commissioners, if |
| force
for one |
|
incorporated,
or, if not incorporated, shall be signed by two or more of
the commissioners |
| year
only |
|
and
shall not include more than one carriage so licensed, and shall be
in force for one year |
|
|
only
from the day of the date of such licence, or until
the next general licensing meeting, in
|
|
|
case any general licensing day be appointed by the commissioners. |
|
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|
1 Words
substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1) ss. 38,46 |
|
|
S.43
extended by Town Police Clauses Act 1889
(c,14, SIF107: l), s, 4(1)(2) |
|
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|
(End Pg.5/6) |
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| Ss.
43-45 |
*44. |
So often as any person named in any such licence
as the proprietor or one of the |
| Notice
to be |
|
proprietors, or as being concerned, either
solely or in partnership with any. person, in the ]. |
| given by |
|
keeping, employing, or letting to hire of any
such carriage, changes his place of abode, he |
| proprietors |
|
shall, within any change of seven days next
after such change, give notice thereof in writing, |
| of hackney |
|
signed abode. by him, to the commissioners,
specifying in such notice his new place
of |
| carriages |
|
abode; and he shall at the same time produce such
licence at the office of the commissioners, |
| of any change |
|
who shall by their clerk, or some other officer ,
endorse thereon and sign a memorandum |
| of abode. |
|
specifying the particulars of such change; and
any person named in any such licence as |
|
|
aforesaid as the proprietor, or one of the
proprietors, of any hackney carriage, or as being |
|
|
concerned as aforesaid, who changes his place of
abode, and neglects or wilfully omits to |
|
|
give notice of such change, or to produce such
licence in order that such memorandum as |
|
|
aforesaid may be endorsed thereon, within the time and in
the manner limited and directed by |
|
|
this or the special Act, shall be liable to a penalty not
exceeding [1 1evel 1 on the standard |
|
|
scale]. |
|
|
|
|
|
S.44 extended by Town Po/ice Clauses
Act 1889
( c, 14, SIF 107:1}, s. 4 (1) (2) |
|
|
|
|
|
|
| Penalty for |
*45. |
if the proprietor or part proprietor of any
carriage, or any person so concerned as aforesaid, |
| plying for hire |
|
permits the same to be used as a hackney licensed
carriage plying for hire within the |
| without a |
|
prescribed distance without having
obtained a licence as aforesaid for such carriage, or |
| license |
|
during the time that such licence is suspended
as hereinafter provided, or if any person be |
|
|
found driving, standing, or plying for hire with
any carriage within the prescribed distance for |
|
|
which such licence as aforesaid has not been
previously obtained, or without having the |
|
|
number of such carriage corresponding with the
number of the licence openly displayed on |
|
|
such carriage, every such person so offending
shall for every such offence be liable to a |
|
|
penalty not exceeding forty shillings. |
|
|
|
|
|
S.
45 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1
). s. 4 (1)(2) |
|
|
S.
45: by Criminal Justice Act 1967 ( c. 80. SIF 39: 1
). s. 92( 1 ) . Sch. 3 Pt. I it was provided that
the maximum |
|
|
amount of fine imposable
on summary conviction in respect of s. 45 instead of the maximum
fine of £2 was £20 |
|
|
for a first offence and £50 for
a second
or subsequent offence and as to the amounts of fine on summary |
|
|
conviction.
Criminal Justice Act 1982 ( c. 48.SIF 39: I), ss. 35
(in relation to liability on first and subsequent |
|
|
convictions) 39(2),
46. Sch. 3 (substitution of new maximum fine of £500 instead of
the old maximum fine of £20 |
|
|
and of
references to levels on the standard scale) apply |
|
|
|
|
|
1.
Words substituted (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF
39:1), |
|
|
s. 31 and Criminal
Justice Act 1982 (c. SIF 39:1), s. 46
|
|
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|
|
(End Pg.6) |
|
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|
|
|
| Ss.
46-48 |
*46. |
No person shall act as driver of any hackney
carriage licensed in pursuance of this or the |
| Drivers
not to |
|
special Act to ply for hire within the prescribed
distance without first obtaining a licence |
| act
without |
|
from the commissioners, which licence shall be
registered by the clerk to the commissioners, |
| first
obtaining |
|
[1 and such a fee as the commissioners may determine
shall be paid], for the same; and |
| a license |
|
every such licence shall be in force until the same is
revoked, except during the time that the |
|
|
same may be suspended as after mentioned. |
|
|
|
|
|
S. 46 extended by Town Police Clauses Act 1889
( c. 14, SIF 107: I), s. 4 (1) (2); excluded (E.W.) by Transport
Act |
|
|
1985 (c. 67,
SIF 126), s. 140 (2), Sch. 7 para.
3 |
|
|
|
| Penalty
on |
*47. |
If any person
acts as such driver as aforesaid without having obtained such
licence, or |
| drivers
acting |
|
during the
time that his licence is suspended, or if he lend or part with his
licence, except |
| without' |
|
to the proprietor
of the hackney carriage, or if the proprietor of any such hackney carriage
|
| licence |
|
employ any
person as the driver thereof who has not obtained such licence, or during
the |
|
|
time that his
licence is suspended, as herein-after provided, every such driver and
every |
|
|
such
proprietor shall for every such offence respectively be liable to a
penalty not |
|
|
exceeding twenty
shillings. |
|
|
|
|
|
S. 47 extended by Town
Police Clauses Act 1889
(c. 14, SIF 107:1), s. 4 (1) (2) |
|
|
S. 47: by Criminal Justice Act 1967 ( c. 80.
SiF 39: l), s. 92( 1 ), Sch. 3 PI 1
it was
provided
that the maximum |
|
|
amount of fine imposable
on summary conviction in respect of s. 47
instead of the maximum of £1 was £20 for a |
|
|
first
offence and £50 for a second
and subsequent offence and. as to the amounts of fine on summary
conviction, |
|
|
Criminal Justice Act
1982 ( c. 48.
SIF 39: I),
ss. 35 (in relation to liability on .first and subsequent convictions), |
|
|
38 ( increase of fine) and 46 (substitution of
references to
levels on the standard scale) apply |
|
|
|
| Proprietor to |
*48. |
In
every case in which the proprietor of any such hackney carriage
permits or employs any |
| retain licences |
|
licensed
person to act as the driver thereof, such proprietor shal1
cause to be delivered to |
| of drivers when |
|
him,
and shall retain in his then possession, the licence of such driver, while
such driver |
| in his employ |
|
remains
in his employ; and In all cases of complaint, where the proprietor of a
hackney the |
| and to produce |
|
same
when carriage is summoned to attend before a justice, or to produce the
driver, |
| the same when |
|
the proprietor so summoned shall also produce the licence of such driver,
if he |
| summoned |
|
be
then in his employ; and if any driver complained of be adjudged guilty of
the offence |
|
|
alleged
against him, such justice shall make an endorsement upon the licence of
such |
|
|
driver, stating
the nature of the offence and the amount of the penalty inflicted; and if
any |
|
|
such proprietor
neglect to have delivered to him and to retain in his possession the
licence |
|
|
of any driver
while such driver remains in his employ, or if he refuse or neglect to produce |
|
|
such licence as aforesaid, such proprietor shall for
every such offence be liable to a penalty |
|
|
not exceeding [l level 1 on the standard scale]. |
|
|
|
|
|
I Words from "and a fee '' to
''paid' substituted (E. W .) by Local Government Planning and Land
Act 1980 (c. 65, |
|
|
SIF 81:1, 2),s. 1(6), Sch. 6 para. I |
|
|
|
|
|
S. 48 extended by Town Police Clauses
Act I889(c. 14, SIF107:1),s.4(1)(2) |
|
|
|
|
|
(End Pg.7/8) |
|
|
|
| Ss.
48--51 |
*49. |
When any driver leaves the service of the
proprietor by whom he is employed without |
| Proprietor to |
|
having been guilty of any misconduct, such
proprietor shall forthwith return to such driver |
| return licence |
|
the licence belonging to him; but if such driver
have been guilty any misconduct, the |
| to drivers
when |
|
proprietor shall not return his licence, but shall give him
notice of the complaint otherwise, |
| quitting his |
|
which he intends to prefer against him, and shall
forthwith summon proprietors to such driver |
| service if they |
|
to appear before any justice to answer the said complaint;
and such justice, having the |
| behave well; |
|
necessary parties before him, shall inquire into and determine the
matter of complaint, and if |
| if otherwise, |
|
upon inquiry it appear that the licence of such driver has been
improperly withheld, such |
| proprietors to |
|
justice shall direct the immediate re-delivery of such licence, and
award such sum of money |
| summon them. |
|
as he thinks proper to be paid by such
proprietor to such driver by way of compensation. |
| Compensation |
|
|
| in case of |
|
|
| license being |
|
S.
49 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1),
s.
4 (1) (2) |
| improperly |
|
|
| withheld. |
|
|
|
|
|
|
|
|
| Licenses to
be |
*50. |
The commissioners may, upon the conviction for the
second time of the |
| suspended |
|
proprietor or driver of any such hackney carriage
for any offence under
the provisions of |
| or revoked for |
|
this or
the special the Act with respect to hackney
carriages, or any byelaw made in pursuance |
| misconduct |
|
thereof, suspend or revoke, as they deem right, the
licence of any such proprietor or driver. |
|
|
|
|
|
S.
50 extended by Town Police Clauses Act I889 (c. 14. SIF107:I),
s.4 (1)(2) |
|
|
|
| Number of |
*51. |
No hackney
carriage shall be used or employed or let to hire, or sha1l stand or ply
for hire, |
| persons to be |
|
within the
prescribed distance, unless the number of persons to be carried by such
hackney |
| carried in a |
|
carriage, in
words at length, and in form following, (that is to say,) "To carry
persons," be |
| hackney |
|
painted on a
plate placed on some conspicuous place on the outside of such carriage,
and in |
| carriage to
be |
|
legible
letters, so as to be clearly distinguishable from the colour of the ground
whereon the |
| painted thereon |
|
same are
painted, one inch
in length, and of a proportionate breadth; and the driver of any |
|
|
such hackney
carriage shall not be required to carry in or by such hackney carriage
a |
|
|
greater number
of persons than the number painted thereon. |
|
|
|
|
|
S.51
extended by Town Police Clauses Act 1889 (c. 14, SIF
IO7:1), s. 4 (1)(2) |
|
|
*s. 51 repealed so
far as it relates to tramcars or trolley vehicles by transport charges &c. (Miscellaneous |
|
|
Provisions) Act 1954 (c. 64,
SIF 126), s. 14
(1), Sch. 2 Pt. IV |
|
|
|
|
|
1 Words substituted
(E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31 and
Criminal Justice Act 1982 |
|
|
(c. 48, SIF 39:1), s.46 |
|
|
|
|
|
(End Pg.8) |
|
|
|
| Ss.
52-55 |
*52. |
If the proprietor of any hackney carriage permit
the same to be used, employed, or let to |
| Penalty for |
|
hire, or if any person stand or ply for hire
with to
such
carriage, without having the number |
| neglect to |
|
of persons;
to be carried thereby painted and exhibited in manner aforesaid, or if the
driver |
| exhibit the |
|
of any
such hackney carriage refuse, when required by the hirer thereof, to carry
in or by |
| number, or
for |
|
such hackney
carriage the number of persons painted thereon, or any less number,
every |
| refusal to
carry |
|
proprietor
or driver so offending shall be liable to a penalty not exceeding [1
level 1 on the |
| the prescribed |
|
standard
scale]. |
| number |
|
|
|
|
|
|
|
S. 52 extended by Town Police Clauses Act 1889
(c. 14, SIF 107:1), s. 4 (1)(2) |
|
|
*S. 52
repealed so far as it relates to tramcars
or trolley vehicles by Transport Charges &c.
|
|
|
(Miscellaneous Provisions) Act
1954 (c. 64,
S1F 126), Sch. 2Pt.1V |
|
|
|
| Penalty on |
*53. |
A driver of a hackney carriage standing at any
of the stands for hackney carriages appointed |
| driver for |
|
by the commissioners, or in any street, who
refuses or neglects, without reasonable excuse, |
| refusing to |
|
to drive such carriage to any place within the
prescribed distance, or the distance to be |
| drive. |
|
appointed by any byelaw of the commissioners,
not exceeding the prescribed distance to |
|
|
which he is directed to drive by the person
hiring or wishing to hire such carriage, shall for |
|
|
every such offence be liable to a penalty not
exceeding [2 level 2 on the standard scale]. |
|
|
|
| Penalty for |
*54. |
If
the proprietor or driver of any such hackney carriage, or if any other
person on his behalf, |
| demanding |
|
agree
beforehand with any person hiring such hackney carriage to take for
any job a sum |
| more than the |
|
less than
the fare allowed by this or the special Act, or any bye-law made
thereunder, such |
| sum agreed
for |
|
proprietor
or driver shall be liable to a penalty not exceeding [1 level one on the
standard |
| though less |
|
scale]
if he exact or demand for such job more than fare so agreed upon. |
| than the |
|
|
| fare. |
|
S.
54 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1
), s.4(1}(2) |
|
|
|
| Agreement to |
*55. |
No agreement whatever made with the driver, or
with any person having or pretending to |
| pay more than |
|
have the care of any such hackney carriage, for
the payment of more than the fare allowed by |
| the legal fare |
|
any byelaw made under this or the special Act,
shall be binding on the person making the |
| not to be |
|
same, and any such person may, notwithstanding
such agreement, refuse, on discharging |
| binding, |
|
such hackney carriage, to pay any sum beyond the
fare allowed as aforesaid, and if any |
| and sum paid |
|
person actually pay to the driver of any such hackney
carriage, whether pursuance of any |
| beyond the |
|
such agreement or otherwise, any sum exceeding the
fare to which such driver was entitled, |
| proper fare may |
|
the person paying the same shall be entitled, on
complaint made against such driver before |
| be recovered |
|
any justice of the peace, to recover back the sum
paid beyond the proper fare, and moreover |
| back |
|
such driver shall be liable to a penalty for such
exaction not exceeding the sum of [2 level 3 on |
|
|
the standard scale]; and in default of the repayment by
such driver of such excess of fare, or |
|
|
of payment of the said penalty, such justice shall
forthwith commit such driver to prison, |
|
|
there to remain for any time not exceeding one month, unless
the said excess fare and the |
|
|
said penalty be sooner paid. |
|
|
|
|
|
1
Words substituted (E.W.) by virtue of Criminal [ Law Act 1977 (c. 45, SIF 39: 1 ), s.
31 and Criminal |
|
|
Justice Act !982{c. 48,.SIF 39:1), s. 46 |
|
|
2
Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF
39:1), ss. 39, 46, Sch. 3 |
|
|
|
|
|
(End Pg.9/10) |
|
|
|
| Ss.
55-58 |
*56. |
If the proprietor or driver of any such hackney
carriage, or if any other |
| Driver to carry, |
|
person on his behalf, agree with any person to carry in
or by such hackney carriage persons |
| under an |
|
not exceeding in number the number so painted on
such carriage aforesaid, for a distance to |
| agreement for |
|
be in the discretion of such proprietor or
driver, and for a sum agreed upon, such proprietor |
| a discretionary |
|
or driver shall be liable to a penalty not
exceeding [1 level 1 on the standard scale] if the |
| distance, the |
|
distance which he carries such persons be
under that to which they were entitled to be |
| distance to |
|
carried for the sum so agreed upon, according to
the fare allowed by this or the special Act, |
| which hirer
is |
|
or any byelaw made in pursuance thereof. |
| entitled for the |
|
|
| fare |
|
|
|
|
|
| Deposit to be |
*57. |
When any hackney carriage is hired and taken to any
place, and the driver thereof is |
| made for |
|
required by the hirer there to wait with such hackney
carriage, Such Driver may demand and receive |
| carriages |
|
from such hirer his fare
for driving to such place,
and also
a sum equal to the fare of such |
| required to wait |
|
carriage for the
period, as a deposit over and above such fare, during which he is required
to |
|
|
wait as aforesaid,
or if no fare for time be fixed by the byelaws, then the sum of one
shilling |
|
|
and sixpence
for every half hour during which he is so required to wait, which deposit
shall |
|
|
be
accounted
for by such driver when such hackney carriage is finally
discharged by such |
|
|
hirer;
and
if any such driver who has received any such deposit as
aforesaid |
|
|
refuses to
wait as aforesaid, or goes away or permits such hackney carriage to
be driven or |
|
|
taken away
without the
consent of such hirer, before the expiration of the time for which |
|
|
such deposit
was made; or if such driver on the final discharge of such hackney
carriage |
|
|
refuse duly to
account for such deposit, every such driver so offending shall be liable
to a |
|
|
penalty not exceeding
[l level
I on the standard scale] |
|
|
|
| Overcharge by |
*58. |
Every proprietor or driver of any such hackney
carriage who is hackney convicted of taking |
| hackney |
|
as a fare a greater sum than is authorized by any
byelaw made under this or the special Act |
| carriage |
|
shall be liable to a penalty not exceeding
[2 level 3 on the standard scale], and such penalty |
| coachman, &c., |
|
may be
recovered before one justice; and in the conviction of such proprietor or
driver an |
| to be included |
|
order may
be included for payment of the sum so overcharged, over and above the
penalty |
| in conviction, |
|
and costs;
and such overcharge
shall be returned to the party aggrieved . . . . 3 |
| and returned
to |
|
|
| aggrieved party. |
|
S.
58 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1),
s. 4{1) (2) |
|
|
|
|
|
1
Words substituted (E. W ,) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:l), s.
3l and Criminal
|
|
|
Justice Act 1982 (c.48, SIF 39:1), s. 46 |
|
|
2
Words substituted (E.W .) by virtue of Criminal Justice Act 1982 (c. 48, SIF
39:1), ss. 39, 46, |
|
|
Sch. 3 |
|
|
3
Words repealed by Statute Law Revision Act 1894 (c. 56) |
|
|
|
|
|
(End Pg.10) |
|
|
|
| Ss. 59-62 |
*59. |
Any
proprietor or driver of any such hackney carriage which is hired who
permits or suffers |
| Penalty for |
|
any
person to be carried in or upon or about such hackney carriage during such
hire, |
| permitting |
|
without the
express consent of the person hiring the same, shall be liable to a
penalty not |
| persons to ride |
|
exceeding [1
level I on the standard scale]. |
| without |
|
|
| consent |
|
|
| of hirer. |
|
|
|
|
|
| No person to |
*60. |
No
person authorized by the proprietor of any hackney carriage
to act as driver of such |
| act as driver of |
|
carriage
shall suffer any other person to act as driver of such carriage without
the consent |
| any carriages |
|
of the
proprietor thereof; and no person, whether licensed or not, shall act as
driver of any |
| without consent |
|
such carriage
without the consent of the proprietor; and any person so proprietor.
suffering |
| of the |
|
another
person to act as driver, and any person so acting as driver without such
consent as |
| proprietor |
|
aforesaid,
shall be liable to a penalty not exceeding [1 level
1 on the standard
scale] for |
|
|
every such
offence. |
|
|
|
|
|
S. 60 extended
by Town Police Clauses Act 1889 (c. 14, S1F 107:1), s. 4
(1)(2) |
|
|
|
| Penalty on |
*61.
|
If the driver or any other person having or pretending to have the
care of any such |
| drivers |
|
hackney
carriage be intoxicated while driving, or if
any such driver or other person by |
| misbehaving |
|
wanton and furious driving, or by
any other wilful misconduct, injure or endanger any person |
|
|
in his life, limbs,
or property, he shall be liable to a penalty not exceeding [l level 1 on the |
|
|
standard scale]; and in default of payment thereof the justice before whom he is
convicted |
|
|
of such offence may commit him to prison, there to remain for any time
not exceeding two |
|
|
months. |
|
|
|
|
|
S.
61 extended by Town Police Clauses Act 1889 (c. 14. SIF 107:1). s. 4(1)(2)
|
|
|
|
| Penalties in |
*62.
|
If the driver of any hackney carriage leave it in any street or at any
place of |
| case of |
|
public resort or entertainment, whether it be hired or not,
without some one proper |
| carriages being |
|
to take care of it, any constable may drive
away such hackney carriage and deposit it, and |
| unattended at |
|
the
horse or horses harnessed
thereto, at some neighbouring livery stable or other place of |
| places of public |
|
safe
custody; and such driver shall be liable to a
penalty not exceeding [1 level 1 on the |
| resort. |
|
standard scale] for such offence; and in
default of payment of the said penalty |
|
|
upon conviction,
and of the expenses of taking and keeping the said hackney carriage and |
|
|
horse or
horses, the same, together with
the harness belonging thereto, or any of them, |
|
|
shall be sold by order of the
justice before whom such conviction is made,
and after |
|
|
deducting from the produce of such sale the amount of the said
penalty, and of all costs and |
|
|
expenses, as
well of the proceedings before such justice as of the taking, keeping, and sale |
|
|
of the said hackney carriage, and of the said horse
or horses and harness, the surplus (if |
|
|
any) of the
paid produce shall be paid
to the proprietor of such hackney carriage.
|
|
|
|
|
|
S.
62 extended by Town Police Clauses Act 1889 (c. 14. SIF 107:1
), s. 4 (1)(2)
|
|
|
1 Words substituted
(E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), |
|
|
s. 31 and Criminal
Justice Act 1982 (c. 48, SIF 39:1) s. 46 |
|
|
|
|
|
(End Pg.11) |
|
|
|
| Ss. 63-66 |
*63. |
In every case in which any hurt or damage has been
caused to any person or property as |
| Damage done |
|
aforesaid by the driver of any hackney carriage let to
hire, the justice before whom such driver has |
| by driver may |
|
been convicted may direct that the proprietor of
such carriage shall pay such a sum, not |
| be recovered |
|
exceeding
five
pounds, as appears to the justice a reasonable compensation for such hurt
or |
| from the |
|
damage;
and every proprietor who pays any such compensation as aforesaid may
recover the |
| proprietor |
|
same
from the driver, and such compensation shall be recoverable from such
proprietor, and |
|
|
by
him from such driver, as damages. |
|
|
|
|
|
S.
63 extended by Town Police Clauses Act 1889(c. 14, SIF 107:1), s.4 (1)(2) |
|
|
|
| Improperly |
*64. |
Any driver of any hackney carriage who suffers the
same to stand for hire across any street |
| standing with |
|
alongside of any other hackney carriage, or who
refuses to give way, if he conveniently can, |
| carriage; |
|
or to
any other carriage, or who obstructs or hinders the driver of any other
carriage in |
| refusing to give |
|
taking
up or setting down any person into
or from such other carriage, or who wrongfully in a |
| way to, or |
|
forcible
manner prevents or endeavours to prevent the driver of any other hackney
carriage |
| obstructing any |
|
from
being hired, shall be liable to a penalty not exceeding [I level 1 on the
standard scale]. |
| other driver or |
|
|
| depriving him |
|
S.64
extended by Town Police Clauses Act 1889 ( c.14 .SIF 107:J); s. 4
(I)(2) |
| of his fare. |
|
|
|
|
|
| Justices |
*65. |
If the driver of any such hackney carriage be
summoned or brought before any justice to |
| empowered to |
|
answer any complaint or information touching or
concerning any offence alleged to have been |
| award |
|
committed to have been committed by such driver against
the provisions of this or the |
| compensation |
|
special Act, or any byelaw made hereunder, and
such complaint or information be
afterwards |
| to drivers for |
|
withdrawn or quashed or dismissed, or
if such driver be acquitted of |
| loss of time in |
|
he
offence charged against him, the said justice, if he thinks fit, may order
the complainant or |
| attending to |
|
the
informant to pay to the said driver |
| answer |
|
such
compensation
for his loss of time in attending the said justice touching or concerning |
| complaints not |
|
such
complaint or information as to the
said justice seems reasonable; and in default of |
| substantiated |
|
payment
of such compensation the said justice may commit such |
|
|
complainant
or informant to prison for any time not exceeding one month, unless the
same |
|
|
shall
be sooner paid. |
|
|
|
|
|
S.65
extended by Town Police Clauses Act 1889 (c. 14. SIF 107:1),
s.4 (1)(2) |
|
|
|
| Penalty for |
*66. |
If any person refuse to pay on demand to any
proprietor or driver of any hackney carriage the |
| refusing to pay |
|
fare allowed by this or the special Act, or any
byelaw made thereunder, such fare may, |
| fare |
|
together with costs,
be recovered before one justice as a penalty. |
|
|
|
|
|
S.
66 extended by Town Police Clauses Act 1889 (c, 14.SIF 107.,1), s. 4
(1)(2) |
|
|
1 Words substituted
(E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), |
|
|
s. 31 and Criminal
Justice Act 1982 (c. 48, SIF 39:1), s. 46 |
|
|
|
|
|
(End Pg.12) |
|
|
|
| S.68 |
67. |
.
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . .
. . . . . |
|
|
|
| Commissioners |
*68. |
The
commissioners may from time to time (subject to the restrictions of this
and the special |
| may make Bye- |
|
Act)
make byelaws for all or any of the purposes following; (that is to
say,) |
| laws for |
|
For regulating
the conduct of the proprietors and drivers of hackney carriages plying
within |
| regulating |
|
the prescribed distance in their several employments, and determining
whether |
| hackney |
|
such drivers shall wear any and what badges, and for regulating the hours
within |
| carriages. |
|
which they may exercise their calling: |
|
|
|
|
|
For
regulating the manner in which the number of each carriage corresponding
with the |
|
|
number of its licence, shall be displayed: |
|
|
|
|
|
For
regulating [1 the number of persons to be carried by such hackney
carriages, and in |
|
|
manner such number is to be shown on such carriage and] what number of
horses or |
|
|
other animals is to draw the same, and the placing of check strings to the
carriages, |
|
|
and the holding of the same by the driver, and how such hackney carriages
are to be |
|
|
furnished or what provided: |
|
|
|
|
|
For
fixing the stands of such hackney carriages. and the distance to which
they may be |
|
|
compelled to take passengers, not exceeding the prescribed distance: |
|
|
|
|
|
For
fixing the rates or fares, as well for time as distance, to be paid for
such hackney |
|
|
carriages within the prescribed distance, and for securing the due
publication of such |
|
|
fares: |
|
|
|
|
|
For
securing the safe custody and re-delivery of any property accidentally left
in hackney |
|
|
carriages, and fixing the charges to be made in respect thereof. |
|
|
|
|
|
Function
of confirming byelaws made under S.
68 by reason of its incorporation with |
|
|
Public Health Act 1875
now exercisable by Secretary of State: Public Health Act 1875 (c.55, SIF
100 :1), s.171. |
|
|
Public
Health (Confirmation
of Byelaws) Act 1884 (c.12), Ministry of Health Act 1919 (c. 21, SIF57),
s. |
|
|
3(1)
(a) and S.R. & 0. 1946/1757
(Rev. XV, p. 112:1946 1. p. 1012)
S. 68 extended
(E.W.) by Local |
|
|
Government ( Miscellaneous Provisions) Act 1976 ( c. 57. SIF
81:1), s. 65(5) |
|
|
|
|
|
|
|
69-72. |
.
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . .
. . . . . . |
|
|
|
|
|
RECOVERY
OF DAMAGES AND PENALTIES |
|
|
|
|
|
And with respect to the
recovery of damages not specially provided for, and of penalties, and to
the determination of any other matter referred to justices, be it enacted
as follows: |
|
|
|
|
73. |
.
. . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . .
. . |
|
|
|
|
74. |
.
. . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . .
. . |
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1 Words repealed so
far as they relate to tramcars or trolley vehicles by Transport Charges
&c. (Miscellaneous |
|
|
Provisions) Act 1954
(c. 64, SIF 126), Sch 2 Pt. IV |
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|
(End Pg.13) |
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| Ss.
75- 78 |
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| All things |
75. |
All
things herein or in the special Act, or any Act incorporated herewith,
authorized or |
| required |
|
|
| to be done |
|
required
to be done by two justices,
may and shall be done by anyone magistrate having by |
| by two |
|
|
| justices may, |
|
law
authority to act alone for any purpose with the powers of two or
more justices. |
| in certain |
|
|
| cases, be |
|
|
| done by one. |
|
|
|
76. |
.
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . .
. . . . . . |
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|
|
ACCESS TO SPECIAL ACT |
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And
with respect to affording access to the special Act, be it enacted as follows: |
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|
|
| Copies of the |
77. |
The
commissioners shall at all times after the expiration of six months after
the passing of |
| special Act to be |
|
the
special Act keep in their
principal office of business a copy of the special Act, printed |
| kept and Deposited |
|
by
the printers to Her Majesty, or some of them, and shall also
within the space of such six |
| and |
|
months
deposit in the office of the clerk of the peace of the county in
which the town or |
| allowed to be |
|
district
within the limits of the special Act is situated, a copy of such special
Act so printed |
| inspected. |
|
as
aforesaid; and the said clerk of the peace
shall receive, and he and the commissioners |
|
|
respectively
shall retain, the said copies of the special Act, and shall permit all
persons |
|
|
interested
to inspect
the same, and make copies or extracts there from, in the like manner |
|
|
and
upon the like terms, and under the like penalty for default, as is
provided in the
case
of |
| 1837 c. 83 (89). |
|
certain
plans and sections by the Parliamentary Documents Deposit Act,
1837. |
|
|
|
|
|
References
to clerk of the peace of the county to
be construed ( E,W.) as references to proper officers of
the |
|
|
county
council: Courts Act 1971 ( c, 23 .SIF 37) . Sch. 8
para. I and Local Government Act 1972 (c. 20. SIF
|
|
|
81:1
). Sch. 29 Pt. 1 para. 4 (1)(b) |
|
|
|
| Penalty on |
78. |
If
commissioners fail to keep or deposit, as hereinbefore mentioned, any of
the said
|
| commissioners |
|
copies
of the special Act, they shall forfeit [ I level 2 on the standard scale]
for every such |
| failing to keep |
|
offence,
and also five pounds
for every day afterwards during which such copy is not so |
| or deposit such |
|
kept
or deposited. |
| copies. |
|
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|
79. |
.
. . . . . . . . .
. . . . . . . . .
. . . . . . . . .
. . . . . . .
. . . . . . . . .
. . . . . . |
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___________________________________________
*******************************************
___________________________________________ |
|
|
The
following provisions have been omitted from the text for the reasons
stated:- |
|
|
ss.
6-20 , ...not relevant to the subject matter of this subgroup |
|
|
s,
22, including that |
|
|
section
as incorporated |
|
|
in
any |
|
|
other
act ... ... ... repealed by Statute Law (Repeals)
Act 1973 (c. 39), Sch. 1 Pt. VI |
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|
1
Words substituted (E.W.) by virtue of Criminal Law Act 1977 (c. 45, SIF
39:1), s,
31 and Criminal Justice Act 1982 |
|
|
(c. 48, SIF 39:1), s. 46 |
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(End Pg.14) |
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|
|
ss.24-36
not relevant to the subject matter of this subgroup |
|
|
s.
67, including that |
|
|
section
as applied |
|
|
or
incorporated in |
|
|
any
other Act ...repealed by Criminal Damage Act 1971 (c. 48, SIF 39:6), |
|
|
s. 11(8), Sch. Pt. I and S.I. 1977/426 (N.I.4), s. 13(6), Sch.2 |
|
|
ss.69-71...
... ... not relevant to the subject matter
of this subgroup |
|
|
s.
72 ... ... ... ...
repealed by Statute Law Revision Act 1894 (c. 56) |
|
|
ss.
73, 74 ... ... not
relevant to the subject matter of this subgroup |
|
|
s.
76 ... ... ... ...
repealed (E.W.) by Perjury Act 1911 (c. 6, SIF 39:3), |
|
|
Sch. and (N.I.) by Perjury (Northern Ireland) Act 1946 |
|
|
(c. 13), s. 16(3), Sch. |
|
|
s.79
... ... ... ... not
relevant to the subject matter of this subgroup |
|
|
|
|
|
(End Pg.15)
[End document] |
