Office of Public Sector Information
And with respect to fires, be it enacted as follows:
F1S. 30 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
If any chimney accidentally catch or be on fire within the said limits the person occupying or using the premises in which such chimney is situated shall be liable to a penalty not exceeding ten shillings: Provided always, that such forfeiture shall not be incurred if such person prove to the satisfaction of the justice before whom the case is heard that such fire was in nowise owing to omission, neglect, or carelessness of himself or servant.
And with respect to places of public resort, be it enacted as follows:
Every person keeping any house, shop, room, or other place of public resort, within the limits of the special Act for the sale or consumption of refreshments of any kind who knowingly suffers common prostitutes or reputed thieves to assemble at and continue in his premises shall, for every such offence, be liable to a penalty not exceeding [F1level 1 on the standard scale].
F1Words “level 1 on the standard scale” substituted (E.W.) for “£20” by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
Every person who within the limits of the special Act keeps or uses or acts in the management of any house, room, pit, or other place for the purpose of fighting, baiting, or worrying any animals shall be liable to a penalty of not more than [F1level 4 on the standard scale], or, in the discretion of the justices before whom he is convicted, to imprisonment, with or without hard labour, for a time not exceeding one month; and the commissioners may, by order in writing, authorize the superintendent constable, with such constables as he thinks necessary, to enter any premises kept or used for any of the purposes aforesaid, and . . . F2 all persons found therein without lawful excuse, . . . F2 shall be liable to a penalty not exceeding [F3level 4 on the standard scale], and a conviction for this offence shall not exempt the owner, keeper, or manager of any such house, room, pit, or place from any penal consequence to which he is liable for the nuisance thereby occasioned.
F1Words “level 4 on the standard scale” substituted (E.W.) for “five pounds” by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(6), Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and Protection of Animals (Amendment) Act 1988 (c. 29, SIF 4:5), s. 2(1)
F2Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
F3Words “level 4 on the standard scale” substituted (E.W.) for “five shillings” by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(6), Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and Protection of Animals Act 1988 (c. 29, SIF 4:5), s. 2(1)
And with respect to hackney carriages, be it enacted as follows:
C1Functions of commissioners as to licensing of hackney carriages in City of London and Metropolitan Police District now exercisable by an Assistant Commissioner of Police of the Metropolis: Metropolitan Public Carriage Act 1869 (c. 115, SIF 107:1), ss. 6, 8, 11, S.R. & O. 1934/1346 (Rev. XIV, p. 795: 1934 I, p. 1221) and S.I. 1955/1853 (1955 I, p.1143)
The commissioners may from time to time licence to ply for hire within the prescribed distance, or if no distance is prescribed, within five miles from the General Post Office of the city, town, or place to which the special Act refers, (which in that case sahll be deemed the prescribed distance,) [F1such number of]hackney coaches or carriages of any kind or description adapted to the carriage of persons [F1as they think fit].
F1Words repealed (E.W.) (prosp.) by Transport Act 1985 (c. 67, SIF 126), s. 16, Sch. 8
C1S. 37 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2) and modified (E.W.) by Transport Act 1981 (c. 56, SIF 107:1), s. 35(3)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street 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:
Provision 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.
C1S. 38 excluded by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
F1S. 39 repealed (E.W.) by Transport Act 1985 (c. 67, SIF 126), Sch. 12 Pt. III
Before any such licence is granted a requistion for the same, in such form as the commissioners from time to time provide for 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 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 the 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 [F1level 1 on the standard scale].
F1Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1),ss. 38, 46
C1S. 40 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
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.
C1S. 41 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
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 drive or person attending such carriage; and any person may at any reasonable time inspect such book without fee or reward.
C1S. 42 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
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.
C1S. 43 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
So often as any person named in any such licence as the proprietor by or one of the proprietors, or as being concerned, either 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 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 [F1level 1 on the standard scale].
F1Words 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
C1S. 44 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:]), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
If the proprietor or part proprietor of any carriage, or any person so concerned as aforesaid, permits the same to be used as a hackney 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 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.
C1S. 45 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:]), s. 4(1)(2)
C2S. 45: by Criminal Justice Act 1967 (c. 80, SIF 39:]), 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: 1), 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
C3Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C4Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
No person shall act as driver of any hackney carriage licensed in pursuance of this or the special Act to ply for hire within the prescribed distance without first obtaining a licence from the commissioners, which licence shall be registered by the clerk to the commissioners, [F1and such fee as the commissioners may determine shall be paid,]for the same; and 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.
F1Words 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. 1
C1S. 46 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:]), s. 4(1)(2); excluded (E. W.) by Transport Act 1985 (c. 67, SIF 126), s. 140(2), Sch. 7 para. 3
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
If any person acts as such driver as aforesaid without having obtained such licence, or during the time that his licence is suspended, or if he lend or part with his licence, except to the proprietor of the hackney carriage, or if the proprietor of any such hackney carriage 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.
C1S. 47 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:]), s. 4(1)(2)
C2S. 47: 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. 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, SIF39:]), 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
C3Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C4Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
In every case in which the proprietor of any such hackney carriage permits or employs any licensed person to act as the driver thereof, such proprietor shall cause to be delivered to him, and shall retain in possession, the licence of such driver, while such driver remains in his employ; and in all cases of complaint, where the proprietor of a hackney carriage is summoned to attend before a justice, or to produce the driver, the proprietor so summoned shall also produce the licence of such driver, if he 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 [F1level 1 on the standard scale].
F1Words 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
C1S. 48 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
When any driver leaves the service of the proprietor by whom he is employed without having been guilty of any misconduct, such proprietor shall forthwith return to such driver the licence belonging to service if they him; but if such driver have been guilty of any misconduct, the proprietor shall not return his licence, but shall give him notice of the complaint which he intends to prefer against him, and shall forthwith summon such driver to appear before any justice to answer the said complaint; and such justice, having the necessary parties before him, shall inquire into and determine the matter of complaint, and if upon inquiry it appear that the licence of such driver has been improperly withheld, such justice shall direct the immediate re-delivery of such licence, and award such sum of money as he thinks proper to be paid by such proprietor to such driver by way of compensation.
C1S. 49 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
The commissioners may, upon the conviction for the second time of the proprietor or driver of any such hackney carriage for any offence under the provisions of this or the special Act with respect to hackney carriages, or any byelaw made in pursuance thereof, suspend or revoke, as they deem right, the licence of any such proprietor or driver.
C1S. 50 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
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,) “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.
C1S. 51 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1) (2)
C2S. 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
C3Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C4Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
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 carriage 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 [F1level 1 on the standard scale].
F1Words 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
C1S. 52 modified (E.W.) by S.I. 1986/1386, art. 4(1)
C2S. 52 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1) (2)
C3S. 52 repealed so far as it relates to tramcars or trolley vehicles by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64, SIF 126), Sch. 2 Pt. IV
C4Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C5Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
A 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 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 [F1level 2 on the standard scale].
F1Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3
C1Ss. 53–59 modified (E.W.) by S.I. 1986/1386, art. 4(3)(d)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
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 a penalty not exceeding [F1level 1 on the standard scale]if he exact or demand for such job more than the fare so agreed upon.
F1Words 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
C1Ss. 53–59 modified (E.W.) by S.I. 1986/1386, art. 4(3)(d)
C2S. 54 extended by Town Police Clauses Act 1889 (c. 14, SIF 107: 1), s. 4 (1)(2)
C3Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C4Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
No agreement whatever made with the driver, or with any person having or pretending to have the care of any such hackney carriage, for the payment of more than the fare allowed by any byelaw made under this or the special Act, shall be binding on the person making the same, and any such person may, notwithstanding such agreement, refuse, on discharging such hackney carriage, to pay any sum beyond the fare allowed as aforesaid, and if any person actually pay to the driver of any such hackney carriage, whether in pursuance of any such agreement or otherwise, any sum exceeding the fare to which such driver was entitled, the person paying the same shall be entitled, on complaint made against such driver before any justice of the peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall be liable to a penalty for such exaction not exceeding the sum of [F1level 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.
F1Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3
C1Ss. 53–59 modified (E.W.) by S.I. 1986/1386, art. 4(3)(d)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
C3Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
Town Police Clauses Act 1847