Hackney
Carriages.

Sections 37, 38,

Also the Section numbered 86 of the said Act.

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.

And with respect to Hackney Carriages, be it enacted,

LXXIX. That the following Sections of "The Town Police to 68 of 10 and Clauses Act, 1847," shall be incorporated with this Act:

40 to 45, and 50

11 Vict c. 89. incorporated with this Act.

Meaning of
Terms.

Bye-laws for
Distances.

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 (hereinafter called Hired Chairs), and the Word "Driver" shall include "Chairman," and the Word "drive" shall include "draw," unless the Context be repugnant to such Construction; and the Distances within which Hackney Carriages and Hired Chairs shall

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 be corrected. Bengough 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 hereinafter, 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.

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:

(Section 79.)

riages to be

XXXVII. The Commissioners may from Time to Time license to ply Hackney Carfor Hire within the prescribed Distance, or if no Distance is pre- licensed. scribed, within Five Miles from the General Post Office of the City, Town, or Place to which the special Act refers, (which in that Case shall be deemed the prescribed Distance,) such Number of Hackney Coaches or Carriages of any Kind or Description adapted to the Carriage of Persons as they think fit.

XXXVIII. Every wheeled Carriage, whatever may be its Form or What to be Hackney CarConstruction, 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 or plying for 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.

Also the Section numbered 40 of the said Act:

to be.

ing for Licence

sition for same.

XL. Before any such Licence is granted a Requisition for the same, Persons applyin 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 &c. in Requiany sitions. 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

(Section 79.)

Licence to ex

press names, abode, &c.

What shall be specified in the Licences.

Number painted on Carriages, &c.

Licences to be registered.

Complaints entered in registry.

Inspection.

Licence to be in force for One

Year only.

Notice to be

given by Proprietors of

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 Penalty not exceeding Ten Pounds.

Also the Section numbered 41 of the said Act; and the Licence shall express the Name and Place of Abode of the Driver as well as the Proprietor of a Hackney Carriage:

XLI. In every such Licence shall be specified the Name and Surname and Place of Abode of every Person who is a Proprietor or part Proprietor of the Hackney Carriage in respect of which 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.

Also the Section numbered 42 of the said Act:

XLII. Every Licence shall be made out by the Clerk of the Commissioners, 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 Ferson 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:

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

(Section 79) Hackney Car

riages of any Change of Abode.

neglect.

solely or in Partnership with any Person in the keeping, employing, or letting to Hire of any such Carriage, changes his Place of Abode, he shall, within Seven Days next after such Change, give Notice thereof in Writing, signed by him, to the Commissioners, specifying in such Notice his new Place of Abode; and he shall at the same Time produce such Licence at the Office of the Commissioners, who shall, by their Clerk, or some other Officer, endorse thereon and sign a Memorandum specifying the Particulars of such Change; and any Person named in any such Licence as Penalty for 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 Fenalty not exceeding Forty Shillings. Also the Section numbered 45 of the said Act; and the Penalty Strangers therein contained shall extend to any Proprietor permitting a Hackney Carriage to be driven or attended by any other than the Person named in the Licence as the Driver thereof, except in case of his Illness, or Absence from some unavoidable Cause:

driving.

cence.

XLV. If the Proprietor or part Proprietor of any Carriage, or any Penalty for plying for Hire 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.

Drivers not

Also the Section numbered 50 of the said Act; but it shall not Licence for be necessary to obtain a Licence for any Driver of a Hackney required. Carriage:

suspended or

Misconduct.

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 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.

Р

(Section 79.)

Section 51 not

to apply to

Chairs.

Number of Persons to be carried in a Hackney Carriage to be painted thereon.

Section 52 not to apply to Chairs.

Penalty for

Neglect or for Refusal to carry the prescribed Number.

Penalty on Driver for refusing to drive.

Penalty for demanding more than the Sum agreed for,

though less than the legal Fare.

Also the Section numbered 51 of the said Act; but the said Section shall not extend to Hired Chairs:

LI. No Hackney Carriage shall be used or employed or let to Hire,
or shall stand or ply for Hire within the prescribed Distance, un-
less the Number of Persons to be carried by such Hackney Car-
riage, in Words at Length, and in Form following, (that is to say,)
"To carry
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.

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 for Hire with such Carriage, without having the Number of Persons to be carried thereby painted and exhibited in manner aforesaid, or if the Driver of any such Hackney Carriage refuse, when required by the Hirer thereof, to carry in or by such Hackney Carriage the Number of Persons painted thereon, or any less Number, every Proprietor or Driver so offending shall be liable to a Penalty not exceeding Forty Shillings.

Also the Section numbered 53 of the said Act:

LIII. Any Driver of a Hackney Carriage standing at any of the Stands for Hackney Carriages appointed by the Commissioners, or in any Street, who refuses or neglects, without reasonable Excuse, to drive such Carriage to any Place within the prescribed Distance, or the Distance to be appointed by any Bye Law 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 Forty Shillings.

Also the Section numbered 54 of the said Act:

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