c. 89. 10 & 11 Vict. 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 Carriages. byelaw made thereunder, .. if he exact or demand for such job more than the fare so agreed upon— Hackney Agreements for extra fares. Discretionary distances. Deposit for waiting. Overcharge. Persons riding of the hirer. [Penalty not exc. 40s. (k).] .... 55. [Agreement to pay more than the legal fare shall not be binding, and any person may refuse to pay any sum beyond the fare; and if any person pay, in pursuance of such agreement or otherwise, any sum exceeding the proper fare he may, on complaint before any justice, recover the sum overpaid, and— Penalty on driver not exc. 40s.; in default, or for not repaying such excess, Imprisonment not exc. 1 month (h).] 56. [If the proprietor or driver, or any person on his behalf, agree to go a distance in his discretion for a sum agreed upon, and the distance he carries the persons is under that allowed for the fare by this or the special Act, or any byelaw— Penalty not exc. 40s. (h).] 57. [The driver, when required to wait, may demand and receive his fare to such place, and also the fare for the period which he is required to wait (or if no fare be fixed by the byelaws, 18. 6d. for every half hour), which deposit shall be accounted for by such driver when finally discharged; if a driver who has received such deposit refuses to wait, 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 deposit was made, or if such driver, on final discharge, refuses duly to account for such deposit— Penalty not exc. 40s. (h).] 58. 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 bye law made under this or the special Act[Penalty not exc. 40s., before 1 justice (h); the overcharge may be included in the conviction and returned to the party aggrieved, whose evidence shall be admissible (1).] 59. Any proprietor or driver of any such hackney carriage without consent 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[Penalty not exc. 20s. (h).] Acting as driver without consent of proprietor. 60. 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, (h) Procedure.-See note (?), ante, p. 603. (i) The rights of any party aggrieved to receive compensation are not affected by his having been called as a witness (18 & 19 Vict. c. 126, s. 22). shall act as driver of any such carriage without the consent of 10 & 11 Vict. the proprietor [Penalty not exc. 40s. (k).] c. 89. Hackney behaving. 61. If the driver or any other person having or pretending Carriages. to have the care of any such hackney carriage be intoxicated Drivers miswhile driving, or if any such driver or other person by wanton and furious driving, or by any other wilful misconduct, injure or endanger (1) any person in his life, limbs, or property[Penalty not exc. £5, in default Imprisonment not exc. 2 months (k).] 62. If the driver of any such hackney carriage leave it in any Carriages street or at any place of public resort or entertainment, whether unattended. 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 [Penalty not exc. 20s.; in default of penalty and expenses, the carriage and horses together with the harness may be sold by order of the justice, the surplus to be paid to the proprietor (k).] drivers. 63. [In case of hurt or damage to person or property by the Damage by driver of any carriage, the justice before whom such driver has been convicted may direct that the proprietor shall pay not exceeding £5 as compensation (m); the proprietor may recover the same from the driver as damages (n).] 64. Any driver of any hackney carriage who suffers the Obstructions. 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 [Penalty not exc. 20s. (k).] 65. [If a driver be brought before a justice for any matter Compensation to under this or the special Act or the byelaws, and the complaint be withdrawn or dismissed, the justice may order compensation to the driver; in default of payment Imprisonment not exc. 1 month (k).] drivers. 66. If any person refuse to pay on demand to any pro- Recovery of fares. prietor or driver of any hackney carriage the fare allowed by this or the special Act, or any bye law made thereunder, such fare may, together with costs, be recovered before 1 justice as a penalty (k). (k) Procedure.-See note (1), ante, p. 603. () This is also a misdemeanor (24 & 25 Vict. c. 100, s. 35). (n) That is, summarily, as in note (!), ante, p. 603 (s. 73). 10 & 11 Vict. c. 89. Hackney Carriages. Damaging carriages. Byelaws (p). Bathing. Byelaws (p). Rates. Access to special 67. Any person using any hackney carriage plying under a licence granted by virtue of this or the special Act, who wilfully injures the same [Penalty not exc. £5, and the damage (0).] 68. [The commissioners may (subject to the restrictions of this and the special Act) make byelaws For regulating the conduct of proprietors and drivers of hackney carriages, and determining whether such drivers shall wear any and what badges, and for regulating their hours: For regulating how the number of each carriage, corresponding with the licence, shall be displayed: For regulating the number of persons to be carried and how it is to be shown on such carriage, what horses or other animals are to draw the same, the placing and holding check strings, and how the carriages are to be furnished: For fixing stands for carriages and the distance to which they may be compelled to take passengers, not exceeding the prescribed distance: For fixing the rates or fares, for time or distance, and securing publication of fares: For safe custody and re-delivery of property left in carriages, and fixing the charges in respect thereof.] 69. [Where any part of the sea-shore or strand of any river used as a public bathing-place is within the limits of the special Act the commissioners may make byelaws— For fixing the stands and the limits within which persons For preventing indecent exposure of the persons of bathers: For regulating the distance at which vessels let to hire for 70. [The Towns Improvement Clauses Act, 1847, shall apply to the making of rates, appeal against and recovery of rates.] 71-76. [Procedure (o).] 77. [The commissioners shall after 6 months after the passing of the special Act keep in their principal office a copy printed by Her Majesty's printers, and shall within 6 months deposit a copy in the office of the clerk of the peace of the county; and the clerk of the peace shall receive, and he and the commissioners shall retain, the said copies, and permit all persons (0) Procedure. See note (1), ante, p. 603. (p) Byelaws.-The provisions of 10 & 11 Vict. c. 34 (see that Act, ss. 200-207), as to byelaws are incorporated with this Act (s. 71). interested to inspect and make copies or extracts therefrom, as 10 & 11 Vict. under 7 Will. 4 & 1 Vict. c. 83.] c. 89. 78. If the commissioners fail to keep or deposit, as herein- Penalty. before mentioned, any of the said copies of the special Act— [Penalty £20, and also £5 each day (p).] Post Office (q). 7 WILL. 4 & 1 VICT. c. 36; 3 & 4 VICT. c. 96; 11 & 12 VICT. c. 88. Post office duties, see 3 & 4 Vict. c. 96; 10 & 11 Vict. c. 85; 33 & 34 Vict. c. 79; 34 & 35 Vict. c. 30. 1. [Reciting 7 Will. 4 & 1 Vict. c. 32, Post Office Repeal Act.] 7 Will. 4 & 1 Vict. c. 36. 2. Every person who shall convey otherwise than by the post Infringing privia letter (r) not exempted from the exclusive privilege (8) of the lege by conPostmaster General [Penalty for each letter £5 (t).] (p) Procedure.-See note (1), ante, p. 603. (q) Venue.-Offences against Post Office Acts may be dealt with in the county or place where committed, or where the offender is apprehended or is in custody, or through which the mails, bag, letter, chattel, security, &c., shall have passed; and if on the boundary of two counties, in either (s. 37). Offences committed in the jurisdiction of the Admiralty may be dealt with as other offences therein (s. 39). The property may be laid in "Her Majesty's Postmaster-General" (3 & 4 Vict. c. 96, s. 66), and an intent to defraud him is sufficient without further name (11 & 12 Vict. c. 88, s. 5). (r) Post letters.-Cards, book or sample packets (33 & 34 Vict. c. 79, s. 16), and every written or printed communication delivered to a post office for transmission by a postal telegraph, and every transcript, are to be deemed letters within the meaning of this Act (32 & 33 Vict. c. 73, s. 23). As to newspapers, see 33 & 34 Vict. c. 79, ss. 6, 14. (s) See 7 Will. 4 & 1 Vict. cc. 32-35. "Post" in this section includes communications by land or water; and the penalties are incurred whether the letter be sent, or the act be done with respect to a letter sent singly or with anything else; proof of conformity with post office laws lies on the defendant (s. 1). (t) Procedure. Within 1 year (s. 24); 1 justice (s. 13). Penalties, not exc. £20 (u), enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32); or by distress, in default Imprisonment not exc. 6 nor less than 3 months if the full penalty amounts to £20, and not exc. 3 months if the full penalty by the Acts is less than £20 (s. 13): Payable, half to the prosecutor (if not an officer of the post office), the rest to the clerk of the peace for the Crown (ss. 15, 16). Penalties may be mitigated (s. 14). Costs may be allowed on dismissal or withdrawal of an information by a private person; recoverable by distress, in default Imprisonment not exc. 1 month (s. 17). Abettors in offences are punishable as principals (s. 11). Witnesses summoned and refusing to attend, Penalty £10 (s. 20); officers of post office are not disqualified by prosecuting or on account of reward (s. 21). Appeal to next general or quarter sessions held 10 days after conviction, 7 days' notice to be given to the prosecutor, and appellant within 5 days after conviction to enter into recognizance with 2 sureties; no certiorari (s. 13), veying; 7 Will. 4 & 1 Vict. c. 36. or sending letters; or collecting And every person who shall be in the practice of so conveying letters not so exempted— [Penalty £100 for each week (").] And every person who shall perform otherwise than by the post any services incidental to conveying letters from place to place, whether by receiving or by taking up or by collecting, or by ordering, or by despatching, or by carrying or by re-carrying or by delivering a letter not exempted from the exclusive privilege of the Postmaster General— [Penalty £5 for each letter (x).] And every person who shall be in the practice of so performing any such incidental services [Penalty £100 for each week (u).] And every person who shall send a letter not exempted from the exclusive privilege of the Postmaster General otherwise than by the post, or shall cause a letter not so exempted to be sent or conveyed otherwise than by post, or shall either tender or deliver a letter not so exempt in order to be sent otherwise than by post [Penalty £5 for each letter (x).] And every person any who shall be in the practice of committing of the acts last mentioned— [Penalty £100 each week (u).] And every person who shall make a collection of exempted exempted letters. letters for the purpose of conveying or sending them otherwise than by the post, or by the post Ship letters detained. Abuse of franking; [Penalty £5 for each letter (x).] And every person who shall be in the practice of making a collection of exempted letters for either of those purposes[Penalty £100 for each week (u).] 3. Every person, being either the master of a vessel inwardbound, or one of the officers, or one of the crew, or a passenger thereof, who shall knowingly have any letter in his possession not exempted from the privilege of the Postmaster General [Penalty £5 for each letter, whether in baggage or on person (x).] And every such person who shall detain any such letter after demand made, either by the officer of the Customs or by a person authorized by the Postmaster General to demand ships' letters [Penalty £10 for each letter (x).] 4. And for preventing the abuse of any privilege. . . . of sending letters or papers free of postage. ... Every person bankers' parcels, who shall send or cause to be sent a banker's parcel, wherein or upon the cover whereof there shall be a writing or commu (u) Penalties above £20 are recoverable by action at Westminster (s. 12). (x) Procedure.-See note (t), ante, p. 617. |