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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 |
|
