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(Secs. 78 79)
Also the Section numbered 86 of the said Act.
Persons aggrieved by Order of Commissioners may appeal to Quarter Sessions,
LXXXVI. Any Person liable to pay or to contribute towards the
Expence of any of the Works aforesaid, or otherwise aggrieved by any Order of the Commissioners relating thereto, may, at any Time within Seven Days next after the making of any such Order, give Notice in Writing to the Commissioners that he intends to appeal against such Order to the Court of Quarter Sessions holden next after the Expiration of Ten Days next after such Notice, and along with such Notice he shall give a Statement in Writing of the Grounds of the Appeal; and if within Four Days next after giving such Notice the Party enter into a Recognizance before some Justice, with Two sufficient Sureties, conditioned to try the Appeal, and abide the Order of the Court, and pay such Costs as shall be awarded by the Court thereupon, the Work so appealed against shall not be begun until after the Judgment of the Court upon such Appeal; and such Court, upon due Proof of such Notice and of such Recognizance having been given and entered into, shall hear and determine the Matter of the Appeal, and shall make such Order thereon, either confirming, quashing, or varying the same, and shall award such Costs to either of the Parties, as the Court in its Discretion thinks fit: Provided always, that the Appellant shall not be heard in support of such Appeal unless such Notice and Statement have been given and such Recognizance entered into as aforesaid, nor on the hearing of such Appeal shall he go into Evidence of any other Grounds of Appeal than those set forth in such Statement as aforesaid.
Proceedings on trial.
Hackney And with respect to Hackney Carriages, be it enacted, Carriages. Sections 37, 38, LXXIX. That the following Sections of “The Town Police 40 to 45, and 50 to 68 of 10 and Clauses Act, 1847,” shall be incorporated with this Act: Il Vict c. 89. incorporated with this Act.
The Sections numbered 37 and 38 of the said Act; and the Term “Hackney Carriages,” used in this Act, shall be extended to include hired Sedan Chairs, Wheel Chairs, Fly Chairs drawn
by Men, and other such like Conveyances used for Hire (hereinMeaning of after called Hired Chairs), and the Word “Driver" shall include Terms.
“Chairman," and the Word “drive" shall include "draw," unBye-laws for less the context be repugnant to such Construction; and the DisDistances.
tances within which Hackney Carriages and Hired Chairs shall (Section 79.) be bound to go shall be fixed from Time to Time by a Byelaw or Order of the Commissioners, not exceeding, for a Hackney Carriage, Ten Miles from the Borough, and for a Hired Chair Two Miles therefrom, measuring by the nearest appropriate Means of Access : XXXVII. The Commissioners may from Time to Time license to ply Hackney Car
sel who drew this Act, in his Work on “Law Composition,” refers to a Case in which the word "herein-after” was refused by the Court of Queen's Bench to be read “herein-before" but that was on a condition of a penal nature in a Lease Doe d. Spencer, v. Goodwin 4 Maule and Selwyn 265. In a Will the same learned Author says the mistake would bo corrected. Bangough v. Edridge 1 Sim. Rep. 173 herein-after" construed "herein." As the Section in the text is remedial, doubtless it would be read herein or hercinafter, if not it would be difficult to include in the words "the works aforesaid" in the 86th section the Building mentioned in the 110th section.
for Hire within the prescribed Distance, or if no Distance is pre- licensed.
XXXVIII. Every wheeled Carriage, whatever may be its Form or What to be
Construction, used in standing or plying for Hire in any Street riages. within the prescribed Distance, and every Carriage standing 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 : Pro- Stage Coach not vided always, that no Stage Coach used for the Purpose of standing to be. or plying for Passengers to be carried for Hire at separate Fares, and duly licensed for that Purposé, 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.
Also the Section numbered 40 of the said Act :
sition for same.
XL. Before any such Licence is granted a Requisition for the same, Persons apply
in such Form as the Commissioners from Time to Time provide to Sign a Requifor that Purpose, shall be made and signed by the Proprietor or One of the Proprietors of the Hackney Carriage in respect of which such Licence is applied for, and in every such Requisition shall be truly stated the Name and Surname and Place of Abode of the Person applying for such Licence, and of every 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 apply
False Statements ing for such Licence, states in such Requisition the Name of any
&c. in RequiPerson who is not a Proprietor or part Proprietor of such Carriage, or who is not concerned as aforesaid in the keeping ploying, 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 Ten Pounds. Licence to ex- Also the Section numbered 41 of the said Act; and the Licence press names, abode, &c.
shall express the Name and Place of Abode of the Driver as well
name and Place of Abode of every Person who is a Proprietor or
nership with any other Person, in the keeping, employing, or letNumber painted ting to Hire of any such Carriage, and also the Number of such on Carriages, &c.
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.
What shall be specified in the Licences.
Also the Section numbered 42 of the said Act:
Licences to be registered.
Complaints entered in registry.
XLII. Every Licence shall be made out by the Clerk of the Com
missioners, and duly entered in a 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.
Also the Section numbered 43 of the said Act:
Licence to be in force for One Year only.
XLIII. Every Licence so to be granted shall be under the Common
Seal of the Commissioners, if incorporated, or if not incorporated, shall be signed by Two or more of the Commissioners, 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. Also the Section numbered 44 of the said Act; and the Proprietor shall also give Notice of the Change of Abode of the Driver of a Hackney Carriage within Seven Days after such Change, and in case of his wilful Omission so to do he shall be liable to the Penalty therein mentioned : XLIV. So often as any Person named in any such Licence as the
Proprietor or One of the Proprietors, or as being concerned either
Notice to be given by Proprietors of
riages of any
Section 79) solely or in Partnership with any Person in the keeping, employ- Hackney Caring, or letting to Hire of any such Carriage, changes his Place of
Change of Abode.
Act, shall be liable to a Penalty not exceeding Forty Shillings.
XLV. If the Proprietor or part Proprietor of any Carriage, or any Penalty for
Person so concerned as aforesaid, permits the same to be used as a without a LiHackney Carriage plying for Hire within the prescribed Distance without having obtained a Licence as aforesaid for such Carriage, or during the Time that such Licence is suspended as herein-after 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.
Also the Section numbered 50 of the said Act; but it shall not Licence for
Drivers not be necessary to obtain a Licence for any Driver of a Hackney required. Carriage: L. The Commissioners may, upon the Conviction for the Second Licences to be Time of the Proprietor or Driver of any such Hackney Carriage revoked for
any Offence under the Provisions of this or the special Act with respect to Hackney Carriages, or any Bye Law made in pursuance thereof, suspend or revoke, as they deem right, the Licence of any such Proprietor or Driver.
Also the Section numbered 51 of the said Act; but the said Section 51 not to apply to Chairs.
Section shall not extend to Hired Chairs :
Number of Persons to be carried in a Hackney Carriage to be painted thereon.
“ To carry
LI. No Hackney Carriage shall be used or employed or let to Hire,
or shall stand or ply for Hire within the prescribed Distance, unless the Number of Persons to be carried by such Hackney Carriage, in Words at Length, and in Form following, (that is to say,)
Persons,” be painted on a Plate placed on some conspicuous Place on the Outside of such Carriage, and in legible Letters, so as to be clearly distinguishable from the Colour of the Ground whereon the 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.
Section 52 not to apply to Chairs.
Also the Section numbered 52 of the said Act; but the said Section shall not extend to Hired Chairs :
LII. If the Proprietor of any Hackney Carriage permit the same to
be used, employed, or let to Hire, or if any Person stand or ply
Penalty on Driver for refusing to drive.
LIII. Any Driver of a Hackney Carriage standing at any of the
Stands for Hackney Carriages appointed by the Commissioners, or
Penalty for demanding more than the Sumn agreed for, though less than the legal Fare.
LIV. If the Proprietor or Driver of any such Hackney Carriage, or
if any other Person on his Behalf, agree beforehand with any Person hiring such Hackney Carriage to take for any Job a Sum less than the Fare allowed by this or the special Act, or any Bye Law made thereunder, such Proprietor or Driver shall be liable to