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If the proprietor or driver of any such hackney carriage, or if any other person on his behalf, agree with any person to carry in or by such hackney carriage persons not exceeding in number the number so painted on such carriage as aforesaid, for a distance to be in the discretion of such proprietor or driver, and for a sum agreed upon, such proprietor or driver shall be liable to a penalty not exceeding [F1level 1 on the standard scale]if the distance which he carries such persons be under that to which they were entitled to be carried for the sum so agreed upon, according to the fare allowed by this or the special Act, or any byelaw made in pursuance thereof.
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)
C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5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 hackney carriage is hired and taken to any place, and the driver thereof is required by the hirer there to wait with such hackney carriage, such driver may demand and receive from such hirer his fare for driving to such place, and also a sum equal to the fare of such 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 [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
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C2Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5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
Every proprietor or driver of any such hackney carriage who is convicted of taking as a fare a greater sum than is authorized by any byelaw made under this or the special Act shall be liable to a penalty not exceeding [F1level 3 on the standard scale], and such penalty may be recovered before one justice; and in the conviction of such proprietor or driver an order may be included for payment of the sum so overcharged, over and above the penalty and costs; and such overcharge shall be returned to the party aggrieved, . . . F2
F1Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3
F2Words repealed by Statute Law Revision Act 1894 (c. 56)
C1Ss. 53–59 modified (E.W.) by S.I. 1986/1386, art. 4(3)(d)
C2S. 58 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
Any proprietor or driver of any such hackney carriage which is hired who permits or suffers any person to be carried in or upon or about such hackney carriage during such hire, without the express consent of the person hiring the same, 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
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
No person authorized by the proprietor of any hackney carriage to act as driver of such carriage shall suffer any other person to act as driver of such carriage without the consent of the proprietor thereof; and no person, whether licensed or not, shall act as driver of any such carriage without the consent of the proprietor; and any person so suffering another person to act as driver, and any person so acting as driver without such consent as aforesaid, shall be liable to a penalty not exceeding [F1level 1 on the standard scale]for every such offence.
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. 60 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
If the driver or any other person having or pretending to have the care of any such hackney carriage be intoxicated while driving, or if any such driver or other person by 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 [F1level 1 on the standard scale]; [F2and 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.]
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
F2Words repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Group 2
C1S. 61 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 driver of any hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to take care of it, any constable may drive away such hackney carriage and deposit it, and the horse or horses harnessed thereto, at some neighbouring livery stable or other place of safe custody; and such driver shall be liable to a penalty not exceeding [F1level 1 on the 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 g.,aid produce shall be paid to the proprietor of such hackney carriage.
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. 62 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 case in which any hurt or damage has been caused to any person or property as aforesaid by the driver of any carriage let to hire, the justice before whom such driver has been convicted may direct that the proprietor of such carriage shall pay such a sum, not exceeding five pounds, as appears to the justice a reasonable compensation for such hurt or damage; and every proprietor who pays any such compensation as aforesaid may recover the same from the driver, and such compensation shall be recoverable from such proprietor, and by him from such driver, as damages.
C1S. 63 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
Any driver of any hackney carriage who suffers the same to stand for hire across any street or alongside of any other hackney carriage, or who refuses to give way, if he conveniently can, to any other carriage, or who obstructs or hinders the driver of any other carriage in taking up or setting down any person into or from such other carriage, or who wrongfully in a forcible manner prevents or endeavours to prevent the driver of any other hackney carriage from being hired, 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. 64 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
If the driver of any such hackney carriage be summoned or brought before any justice to answer any complaint or information touching or concerning any offence alleged to have been committed by such driver against the provisions of this or the special Act, or any byelaw made thereunder, and such complaint or information be afterwards withdrawn or quashed or dismissed, or if such driver be acquitted of the offence charged against him, the said justice, if he think fit, may order the complainant or informant to pay to the said driver such compensation for his loss of time in attending the said justice touching or concerning such complaint or information as to the said justice seems reasonable; [F1and in default of 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.]
F1Words repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Group 2
C1S. 65 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
If any person refuse to pay on demand to any proprietor or driver of any hackney carriage the fare allowed by this or the special Act, or any byelaw made thereunder, such fare may, together with costs, be recovered before one justice as a penalty.
C1S. 66 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
F1S. 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
The commissioners may from time to time (subject to the restrictions of this and the special Act) make byelaws for all or any of the purposes following; (that is to say,)
For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescribed distance in their several employments, and determining whether such drivers shall wear any and what badges, and for regulating the hours within 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 [F1the number of persons to be carried by such hackney carriages, and in what 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 cheek strings to the carriages, and the holding of the same by the driver, and how such hackney carriages are to be furnished or 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.
F1Words 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
C1Function 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, SIF 57), s. 3(1) (a) and S.R. & 0. 1946/1757 (Rev. XV, p. 112: 1946 I, p. 1012)
C2S. 68 extended (E. W.) by Local Government (Miscellaneous Provisions) Act 1976 (c. 57, SIF 81:1), s. 65(5)
C3Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
F1Ss. 69–71 (including those sections as incorporated in any other Act) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. VIII
F1S. 73 (including that section as incorporated in any other Act) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. VIII
F1S. 75 repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 2
F1S. 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.
F1Ss. 77, 78 repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV
Town Police Clauses Act 1847