Hackney Carriages Sydney Act 1847 No 21a (NSW)

No. XXI.

An Act to enable the Council of the City of Sydney to make Bye-laws for the licensing and regulat ing Hackney Carriages within the City of Sydney and its vicinity and the conduct of the Owners and Drivers thereof. [17th September, 1847.]

for the Council of t h e said City to make publ ish alter modify amend or repeal such bye-laws and regulat ions as to them shall seem meet for the good ru le and government of t he said City for t he regula t ion and government of car ters por ters and drivers and for other purposes and to impose penal t ies for breaches of the bye-laws so to be made under the restr ic t ions and provisions contained in t he said Act A n d whereas doubts are enter ta ined whe the r t he Council of the said City are empowered by the said Act to make bye-laws for l icensing and regula t ing H a c k n e y Carriages p ly ing for h i re wi th in t he City and its vicinity and the conduct of the owners and drivers thereof and it is expedient t h a t such doubts should be removed Be it therefore enacted by H i s Excel lency the Governor of New South Wales wi th t h e advice and

WH E R E A S by an Act of t he Governor and Legislative Council of New South Wales passed in the s ixth year of t h e re ign of

H e r present Majesty Queen Victor ia in t i tu led " An Act to declare the

" Town of Sydney to be a City and to incorporate the	Inhabitants
" thereof"	it is amongs t other th ings enacted t h a t it shall be lawful

and consent of t he Legislat ive Council thereof Tha t from and after t h e pass ing of th is Act it shall he lawful for t h e Counci l of t he said City from t ime to t ime to m a k e and publ i sh such bye-laws as to t h e m shal l seem meet for l icensing and regu la t ing Hackney Carriages p ly ing for h i re wi th in t h e said City and the owners and drivers thereof and wi th in t he dis tance of e ight miles from t h e corporate l imits of t he said City t h e a m o u n t payable for such license and the m a n n e r of pay ing for t he same and for regu la t ing t h e conduct of t h e owners and drivers of such Hackney Carr iages Provided t h a t for every such license for any one year the re shall be paid such sum as t he Council of the said City shall direct no t exceeding the s u m of three pounds .

2. A n d bo i t enacted That the Council of t he said City in t he bye-laws so to be made by t h e m by v i r tue of th i s Ac t shall have power and au thor i ty to m a k e regula t ions touch ing t h e l icensing and t h e con­ duct of t h e owners drivers and conductors of such H a c k n e y Carr iages in thei r several employments t he hours wi th in which such owners dr ivers or conductors shall exercise the i r call ing whe ther they shall wear any and wha t badges t he n u m b e r and description and furnishing of such H a c k n e y Carr iages t he n u m b e r of persons to be carr ied in the same the s i tua t ion and n u m b e r of publ ic s tands t h e a m o u n t of fares for t ime or distance to be paid for t h e use of such H a c k n e y Carr iages t he safe cus­ tody and delivery of any proper ty which may be accidental ly or other­ wise left in such Hackney Carr iages t h e pun i sh ing the misconduct of t he drivers and conductors of and persons a t t end ing such H a c k n e y Carr iages whe the r in t he way of imposi t ion by demanding or receiving more t h a n the regular fare or otherwise as well w i th in t h e said City as wi th in t he distance of e ight miles from t h e corporate l imits thereof and all o ther ma t t e r s and th ings connected wi th t h e good government and regula t ion of Hackney Carr iages and the owners and drivers thereof bo th wi th in the said City and wi th in t he dis tance of e ight miles from the corporate l imits of t h e said City Provided tha t for every such license of any such owner driver or conductor the re shall be paid such sum as t he Council of t he said City shall direct not exceeding the s u m of live shil l ings.

8. A n d be it enacted Tha t t h e Council of t h e said City shall have power and au thor i ty by such bye-laws to fix the a m o u n t of fines and penal t ies to bo imposed on t h e owners and drivers of such H a c k n e y Carriages for misconduct or imposi t ion in demanding or receiving more t h a n the regula r fares or otherwise and on persons h i r ing such H a c k n e y Carriages for f raudulent ly evading the p a y m e n t

of such fares or for t he breach of any other bye-law which the said

Council may m a k e in respect to such H a c k n e y Carr iages t he owners and drivers thereof Provided always t h a t such fines or penal t ies shall no t exceed for any one offence t h e s u m of t en pounds .

4. A n d be it enacted Tha t all fees penal t ies fines and forfeitures inflicted or imposed unde r t he provisions of th is Act or b y or u n d e r any ru le order or bye-law m a d e in pur suance thereof may in t he case of non-payment be recovered in t he same m a n n e r as any fees penal t ies fines and forfeitures inflicted or imposed unde r the provisions of t he hereinbefore first recited Act .

5. A n d be i t enacted Tha t all fees penal t ies fines and forfeitures recovered or received under th i s A c t and unde r any bye-laws made in v i r tue thereof and also t h e amoun t of all sums received for l icensing such H a c k n e y Carriages shall be paid to the Treasurer of t he said City for t he local improvement and benefit thereof Provided always t h a t it shall be lawful for t he Governor of the Colony for t he t ime being to pardon any offender and to remi t t h e whole or any par t of any such pena l ty fine or forfeiture as the jus t ice of each par t icu lar case m a y seem to h im to require .

(i. A n d be it enacted Tha t t he Council of t he said City m a y from t ime to t ime as they shall t h i n k fit repeal a l ter or amend any bye-laws which m a y be made in pursuance of this Ac t and m a k e others in thei r stead Provided always t h a t no such bye-laws shall be m a d e al tered or repealed unless two-thi rds a t least of t he whole n u m b e r of the Council of the said City shall be present .

7. A n d whereas by t h e said hereinbefore first recited Ac t i t is

enacted t h a t i t shall be lawful for the Council of the said City to appoin t out of their own body from t ime to t ime such and so many Commit tees ci ther of a general or special n a t u r e and consist ing of such n u m b e r of persons as they m a y t h i n k fit for any purposes which in t he discret ion of such Council would be bet ter regula ted and managed by means of such Committees provided always t h a t the acts of every such Commit tee shall be submi t ted to t h e Counci l for the i r approved Be it enacted Tha t t he said provision shall ex tend to t he m a k i n g a l te r ing and repeal ing of all t he bye-laws by th is Act author ized to be made al tered or repealed and to t h e g r a n t i n g or revoking of all licenses hereby authorized to be granted or revoked.

8. A n d be it enacted Tha t no bye-law made in pur suance of th is Ac t shall be of any force or effect un t i l t h e expira t ion of forty days after t he same or a copy thereof sealed wi th t h e seal of the Corporation shall have been sent to t he Governor for t h e t ime being of t he said Colony nor un t i l a copy of such bye-law shall have been affixed to the outer door of t he Town H a l l or in some other publ ic place w i th in the

City nor u n t i l a copy of t he same shal l have been publ ished in t h e New

South Wales Government Gazette for a t least one week and if at any t i m e wi th in the said period of forty days the Governor of t h e said Colony shall disallow such bye-law or any pa r t thereof such bye-law or t he pa r t thereof so disallowed shall not come into operat ion Provided always t h a t in t h e case of any such bye-laws i t shall be lawful for t h e said Governor a t any t i m e within such forty days as aforesaid to enlarge as he shall t h i n k fit t he period wi th in which any such bye-laws shall r emain inoperat ive and no such bye-law shall come in to force unt i l after t h e expira t ion of such enlarged period Provided fur ther t ha t no bye-law to be passed by the Council of t he said City shall be r e p u g n a n t to t he general spirit and in t endment of t h e laws in force wi th in the

Colony of N e w South Wales Provided also t h a t a copy of any such bye-

law unde r t he common seal of t h e Mayor Aldermen Council lors and Citizens of t h e City of Sydney wi th a declarat ion thereon signed by the

Mayor of t h e said City for t he t ime being t h a t t he same has been sent sealed as aforesaid to t h e Governor for the t ime being of t h e said Colony	and publ i shed in t h e New South Wales Government Gazette as aforesaid
shall be received as evidence of t he existence of any such bye-law and of the sending and pub l i sh ing thereof as aforesaid in all Cour ts of Law and E q u i t y and before all Jus t ices in Sessions or otherwise.
9. A n d be it enacted That wherever in this Act t h e word " H a c k n e y Carr iage " is used t h e same shall be held to mean any coach car cabriolet or o ther vehicle p ly ing for h i re wi th in the said City and within t he distance of e ight miles from t h e corporate l imits of the said City Provided however t h a t no th ing contained in this Ac t nor in any bye-law made by v i r tue thereof shall be held to extend to any carriage or vehicle duly licensed as a Stage Carr iage in pursuance of t h e Ac t of t he Governor and Legislat ive Council passed in the t e n t h year of t h e re ign of H i s la te Majesty K i n g Wi l l i am the Four th in t i tu led " An Act for regulating Stage Carriages in New South Wales" Provided t h a t such Stage Carr iage shall ply a t regular periods as such to places beyond t h e corporate l imits of t he said City.

No. X X I I .