Public Conveyances Act 1853 (SA)

No. 19.

An Act to provide for the regiulntion and licensing o f Public Con-

veyances, and to prevent the wanton ill treatment d 'aorses a d

Cattle. d ..A&.

/8&533. Y

R"# 1-

[Assented to, December 9, 1853. ] .-- - - + -

HEREAS it is expedient to provide for the due management Preamble.

and control of public conveyances, and vehicles plylug for hire, and to limit the number of passengers which may be carried by any such conveyance or vehicle-Be it tliercfore Enacted, by

the Lieutenant-Governor of South Australia, with the advice a i d

consent of the Legislative Council thereof, as follows:

1. No velJcle plying for hire, if drawn by one horse only, shall Number of passengers by one-horse cart.

be allowed to convey at any one time, including the driver, more

than six adult passengers, with not exceeding fourteen *pounds

weight of luggage or gbods for each passenger.

2. No vehicle on two wheels, plying for hire, if drawn by two or Numbsr ofpassengers by vchiclcs drawn by

more horses, shall convey at any one time more than iirie adult ,,, passengers, including the driver, with not exceeding fourteen pounds weight of luggage or goods for each passenger. . , , , , 1 ,

3. No vehicle on four wheels, plying for hire, if &awn by not Nlmber of passengers by ~ e t ~ i c l c ~ with fuur

less than four horses, shall convey at any one time more than ukleels,dmrr by four

eighteen a&& passengers, including the driver, with fourteen

pounds weight of luggage or goods for each passenger; and if any Number of passcngcrs

vehicle on four wheels shall be drawn by three homes only, then the	drawn by
number of adult passengers to be carried thereby shall be only horses.

twelve, including the driver, with luggage as aforesaid; and if any Sumber of passengers

vehicle on four wheels shafl be drawn by two horses only, the11 wlion drawn by

the uumber of adult passengers to be carried thereby, shall be ~ M S ~ S.

only eight, including the driver, with luggage as aforesaid.

fhll carry or convey in or upon such vehicle a greater number of tmthwizcd number 4. Every dr1vt.r or conductor oi any vehicle plying for hire, who E;:':t;h2:

A 3 passengers of' prtwengcrs,

passcngrrs, or a greater quantlty of lugqage than is hereby nutho. rized, shall, upon conviction thereof, forfeit and pay for every pas- senger in excess of the number so authorized, and for every addi- tional quantity of luggage of the rveight of fifty-six ponnds, any sum not exceediug Ten Pounds and not lcss than Two Pounds, or iu default of payment s l d l be imprisoned for a period not exceeding two calendar months.

Name of owner and 5. Every vehicle plying for hire, and carrying passengers or

11uu111er ot passengers

by each cunvey ansc;.

goods, slid1 have on the back or side, or other conspicao~w part of the same, the name of the owner thereof' written, together with the I number of passcngcrs which thc same s l i m licciiscd to carry, and the number of the licence, painted in Roman letters of tlic size o x o t less than one inch in tile m t diameter of tlie ssnm, ill

white letters on a black ground, or in black letters 011 a white

ground, or in other equally distinct a d couspicnous colors,

Penalty of plying for

hire without iicerwe.

6. From and after the first day of January next, no vehicle shall ply for hire, unlcns duly licensed according to this Act, and every owner of auy vehicle who shall cause or pcrinit the same to ply for hire in carrying passeiigcrs or goods without having first obtained such licence, shall be liable to a penalty not exceeding Five Pounds, or in default of payment thereof' to be imprisoned for the term of thirty days.

Price fur licenca.

7. Licences shnll be issued by the Commissioner of Police or other officer appointed by tlie Governor, i11 the forin and upon pay- nler~t of the respective sums fixed in the Schedule hereunto annexed,

and sllall be numbered in rotation from one upwards, a i d every

such licence shall be in force for the period of six calc*ndar

Charactor of driver.

months; and no licence shnll be granted until the owner of the vehicle intended to be licensed shall hal-e clepositcd with such Coniniissioner or other officer, x statement in writing of the Clu-istiau and surname, and place of abode of the owner, and of the drivers,

or intended drivers of such vehicle; and if duriug the currency of	such licence, the owner of any vehicle so licensed s l d l clmnge
the drivers, he shall give notice to the Comrnissi~~le~	of Police, or

of drivers to be such othrr'offieer in &iting, of such change, and shall deposit with

N a ~ n c

registcreu. such Commissioner or officer the name and address of such newly- appoiuted drivers, aid sllall produce the liceuce for such vehicle, in order to the insertion therein of the name of such last-mentioned driver, and in default thereof, shall be liable to a fine not exceed- ing Two Pounds, or fourteen days' imprisonment.

/ ~ n ~ ~ t ~ ~ n ~ f *ehicles. 8. The Commissioner of Police, or other officer nppointed to

issue licences under this Act, shall inspect every vehicle prior to licensing the same; and if of opinion that the same is not sufficient in all respects for the purpose for which it is intended, shall withhold such licence for any such vehicle, until the same is made s~rficient

to his satisfaction.

9. It

9. It shall be lawful for the Commissioner of Police, or other "ommissionermv refuse or withdraw

li,.,,

officer appointed to issue licences as aforesaid, to refuse to issue any matter of such appeal, and at his discretion confirm thc decision of such Commissioner or other officer, or direct the issue or continu- ance of a licence.

licence, to withdraw any licence issued, under the authority hereof,

upon the ground of the unfitness or improper conduct of any driver,

or of the unfitness of the vehicle: Provided that, in the event of Form ofepp,eal.

any such refusal or witldrawal of a licence, it shall be lawfill for

the persou applying for the same to appeal against the decision of

such Con~missioner or other officer to the Spccial Magistrrztc of t,he

10. No licensed vehicle shall travel at any greater rate or speed than nine miles per hour, and the driver or conductor of any such vehicle, driving at any greater rate or speed than nine miles per hour, shall be liable to a firle not exceeding Ten Pounds, or in default of payment to be imprisoned for a space not exceeding one calendar month. Q c e Q ~ r hour.

11. The owner of m y licensed vehicle which s l d l be driven by B-'"' s i l t j c m c " r " " " " ~ d r a ~ g pipl,~:: t~.-

any other person than the driver named in such liccnce as aforesaid, h re	W C J U ~	I I C ~ ~ C C.
shall be subject to a fine of Two Pounds for every such ofkuce, or in default of payment thereof, to fourteen days' iinprisonmcnt; and every vellicle ;hall be taken to be a vehicle plying for hire, which shall carry passengers on hire on more than three days in any one month: Provided that such fine shall not bc payable if by accident or illness the driver named in such licence sllall be unable to drive the same vehicle, if notice of such inability, and ofthe nnrne of tile person temporarily substituted as driver, s h l l be giveu to such Commissiol~er or other officer, witllin forty-eight hours after the occurrence of such inability.

12. And to prevent wanton abtlse aud ill treatment of horses PY~!:Y ; C J ~ nt)usin~

nnlndb.

and other cattle-Be it Enacted. That any ucrson wlm shall U 1.

wnntonly aml cru.clly bent, ill t rek, abuse, or torture -. nrly . horse,

bullock. or other a i i i m a l ~ l ~ i c ~ ~ a v - b e r i c l i n c or dnv iw. shall

Irc liabie to n penalty df not more Fiveu~ounds, 0;' to be imprisoned for a period not exceeding two calendar ryuutlls; nnd it shall be 1;twful for any police coustahle or o t lm pcrson to take into custody any person so wmtonly and cruelly beatiug? ill-treating, ahusing, or torturin?, any horse, bullock, or other animal, and to

h k e such person before any Justice of the Peace, to be dealt with

according to law.

13. All fioes a rd penalties imposed by this Act shall be recover- Finet to whom P ~ J.

able and enforced in a summary way before two or more Justi~.os

of the Peace for the said Province, and all gecu t~ ia~y fines sldl. be

paid, one-half to the person or persons procuring conviction by

giving iirfoornmtiot~~ and the other half to Her Majesty, for the

public use of the said l'rovince.

14. The

Interpretation clause. 14. The word horse, in this Act, shall mean and be taken to in- clude the words mare, gelding, ass, or mule ; and the word bullock, to include bull, and bull-stag.

Iirnits of A C ~. 15. So much of this Act as provides for the regulation and

licensing of public conveyances shall be limited to the City of Adelaide, and to a distance of thirty miles from the external boundary thereof.

SCHEDULE

S C H E D U L E.

Form of Licence.

No. Police Office,

A. B. is hereby licensed to keep, employ, and let to hire, a [describe the vehicle], to

be drawn by and to carry passengers [and lbs. weight of

luggage]; such vehicle to be driven and conducted by [insert name and descriptian

of driver]; and this licence will remain in force until the	day of
next.

A. B.,

Commissioner of Police [or as the case may be].

Licence Fees. ;E r. d.

Fur every vehicle, on two wheels, drawn by not more than one horse	0 10 0
For every vehicle, on two wheels, drawn by two or more horaes ......	0 15 0
For every vehicle, on four wheels, drawn by one horse ..................	0 10 0
For every vehicle, on four wheels, drawn by two horses ...............	0 1 5 0
For every vehicle, on four wheels, drawn by three or more horses ...	1 0 0

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Adelaide: Painted by authorit) by W. C. Cox, Government Printer, Victoris-squnra

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