Stage Carriages Act 1835 No 7a (NSW)

No. II .

An Act for regulating Stage Carriages in New

South Wales. [4th August, 1835.]

WHEREAS much inconvenience and danger have arisen to persons travelling by Stage Carriages conveying passengers	for hire in New South Wales by reason of the excessive number of
passengers they sometimes carry and the want of proper regulations in such and other respects and it is therefore expedient that such
Stage Carriages should be regulated in manner hereinafter mentioned
Be it therefore enacted by His Excellency the Governor of New South
Wales with the advice of the Legislative Council thereof That from
and after the first day of October next it shall not be lawful for any person to keep use or employ any stage carriage unless such person shall have a license in force to do so granted to him under the authority
of this Act by two or more Justices of the Peace in manner hereinafter
mentioned nor unless the several particulars directed to be painted on every such carriage shall be painted thereon.
2. And be it enacted That every coach or other carriage or vehicle used employed or let out for the purpose of conveying passen­
gers for hire to or from different parts in New South Wales and which when travelling along any highway or other road shall travel at the rate of three miles or more in the hour without regard to the number
of wheels or to the number of passengers which the same shall be
able or fitted to contain or carry or to the number of horses by which the same may be drawn or to its being an open or close carriage shall be deemed and taken to be a stage carriage within the meaning of this Act Provided That each passenger to be carried or conveyed by any such carriage or vehicle shall be charged or shall pay a separate and distinct fare for his or her place or seat therein or conveyance thereby.
3. And be it enacted That it shall be lawful for any two or more Justices of the Peace assembled in Petty Sessions for any district from or through which any stage carriage may be intended to pass to grant a license under their hands in the form hereunto annexed marked with the letter A to any person who shall apply for such
license in manner hereinafter mentioned to keep use and employ any
such stage carriage in any part of New South Wales.
4. And be it enacted That before any such license shall be granted the stage carriage in respect of which such license is applied for shall be exhibited to the Justices of the Petty Sessions to whom application shall be made at the usual time and place of holding such Sessions and it shall be lawful for such Justices upon an examination of such stage carriage to determine the number of passengers which may be safely and conveniently carried by such stage carriage both in the inside and on the outside thereof provided that the number so to be determined shall in no case exceed the number hereinafter limited and defined.
5. And be it enacted That before any license shall be granted or renewed under the provisions of this Act for or in respect of any stage carriage a requisition for such license shall be made and signed by the proprietor or one of the proprietors of the stage carriage in respect of which such license shall be applied for and in every such requisition there shall be truly specified and set forth the christian name and surname and place of abode of the person applying for such
license and of every person who shall be a proprietor or part proprietor of

of such carriage who shall he concerned either solely or in partner­

ship with any other person in the keeping using or employing of such carriage and in case any person shall neglect or omit to specify truly in such requisition as aforesaid the name of any person who shall he concerned as aforesaid in the keeping using or employing of such carriage every person so offending shall forfeit ten pounds.

G. And he it enacted That there shall he specified in every

license to he granted or renewed under this Act for or in respect

of any stage carriage the following particulars that is to say the
christian name and surname and place of abode of the person and of every person who shall be a proprietor or part proprietor of the stage carriage in respect of which such license shall be granted or who shall

be concerned either solely or in partnership with any other person

in the keeping using or employing of such carriage the names of the extreme places from which and to which such carriage shall be autho­ rized by such license to go or pass and the greatest number of passengers to be conveyed by such carriage as shall have been deter­ mined by the Justices in Sessions as aforesaid distinguishing (when the same is intended to convey both inside and outside passengers) the number to be carried on or about the outside from the number to be carried in the inside of such carriage and a copy of every such license shall be kept at the office or place from which such license shall bo issued in order that any person may have a copy thereof paying one shilling for the same.

7. And be it enacted That every license granted under the authority of this Act shall be and continue in force from the day of the date thereof until the thirtieth day of September then next ensuing and no longer and every such license shall be renewed from year to year and whenever any change in the owners or proprietors of any stage carriage shall take place subject to all such and the like rules and regulations as are hereinbefore provided with respect to the granting of original licenses Provided however that all licenses which shall be granted or renewed in the month of September in any year shall be and continue in force until the thirtieth day of September in the year then next ensuing and no longer.

8. And be it enacted That there shall and may be charged by the Clerk of the Petty Sessions where any such license shall be issued to be paid by the party or parties applying for the same the sum of five shillings for each and every such license which sum together with any sum or sums which may be received for a copy of the same

returns made thereof in such and the like manner as is directed with	as hereinbefore directed shall be paid applied and accounted for and
respect to the fees levied under the Act of the said Governor and Council passed in the fourth year of the reign of His present Majesty King William the Fourth intitled " An Act for appointing the Fees to
" be taken hi the several Courts of Police and Petty Sessions and by " the Clerks of Justices acting singly in the Colony of New South
"	Wales."

9. And be it enacted That if any person shall keep use or employ or shall be concerned as proprietor or part proprietor in the keeping using or employing of any stage carriage without having a

license in force so to do granted under the authority of this Act every

person so offending shall forfeit twenty pounds.

10. And be it enacted That no stage carriage shall be used or employed unless nor until there shall be truly painted in words at length and in legible and conspicuous letters one inch at the least in height and of a proper and proportionate breadth and in colour different from and opposite to the colour of the ground on which such letters shall be painted upon some conspicuous part of each side of

such

such carriage and clear of the wheel or wheels thereof so that the same shall be at all times plainly and distinctly visible and legible the christian name and surname of the proprietor or of one of the proprietors of such carriage and also the names of the extreme places from which and to which such carriage shall be licensed to travel or go and there shall also be painted in manner aforesaid upon some conspicuous place on the back of such stage carriage and so that the same shall be at all times plainly and distinctly visible and legible the greatest number of passengers allowed to be carried in or by such carriage and also when such carriage shall be licensed to carry both inside and outside passengers the greatest numbers of passengers allowed to be taken in the inside and on the outside thereof respectively and if any person shall use or employ any stage carriage upon which

all such particulars as aforesaid shall not be truly painted in such legible and conspicuous letters and in manner aforesaid or in case

such particulars or any of them shall be partially obliterated or defaced from or upon any such carriage then if any such person shall

neglect to paint or cause to be painted again in manner aforesaid

every particular so obliterated or defaced such person so offending in
any of the cases aforesaid shall forfeit five pounds.

11. Provided always and be it enacted That no outside passenger nor any luggage shall be carried on the top or roof of any stage carriage the top or roof of which from the ground shall be more than eight feet nine inches or the bearing of which on the ground shall be less than four feet six inches from the centre of the track of the right or off wheel to the centre of the track of the left or near wheel and if any outside passenger or luggage shall be carried on any such carriage in any manner contrary to the directions afore­ said the driver of such carriage at the time when such offence shall be committed shall forfeit five pounds.

12. And be it enacted That any licensed stage carriage with four wheels or more the top or roof of which shall not be more than eight feet and nine inches from the ground and the bearing of which on the ground shall not be less than four feet six inches from the centre of the track of the right or off wheel to the centre of the track of the left or near wheel if such stage carriage shall be licensed to carry any number not more than nine passengers shall be allowed to carry not more than five of such passengers outside and if licensed to carry more than nine and not more than twelve passengers shall be allowed to carry not more than eight of such passengers

outside and if licensed to carry more than twelve and not more than
fifteen passengers shall be allowed to carry not more than eleven

of such passengers outside and if licensed to carry more than fifteen

and not more than eighteen passengers shall be allowed to carry not more than twelve of such passengers outside and if licensed to carry any greater number than eighteen passengers shall be allowed to carry not more than two additional passengers outside for every three additional passengers which such carriage shall be so licensed to carry in the whole Provided that in no case a greater number of passengers shall be carried on the outside of any stage carriage as aforesaid than the license relating thereto shall authorize to be carried on the outside thereof and if any greater number

of outside passengers shall be carried by stage carriage as afore­

said than as hereinbefore specified and allowed or if any outside passengers shall be carried by any stage carriage not expressly licensed to carry any outside passenger the driver of such stage carriage at the time when such offence shall be committed shall forfeit five pounds.

13. And be it enacted That the several numbers of outside passengers by this Act allowed to be carried by any such stage carriage

as

as aforesaid shall he reckoned exclusive of the driver hut including the conductor or guard if there shall he a conductor or guard of such stage carriage and that no child or children in the lap shall he counted as a passenger or passengers and that no child not in the lap hut under seven years of age shall be so counted unless there shall be more than one such child and if there shall be more than one such child not in the lap but under seven years of age then two of such children shall be accounted equal to one adult person and con­ sidered as one passenger and so on in the same proportion.

14. And be it enacted That no luggage which shall be carried on the top or roof of any stage carriage drawn by four or more horses shall in any case exceed ten feet and nine inches in height from the ground nor shall any luggage which shall be carried on the top or
roof of any stage carriage drawn by two or three horses only in any case exceed ten feet and three inches in height from the ground
measuring to the highest point of any part of such luggage when placed upon the top or roof of any such carriages respectively and if any such luggage shall in cither of the cases aforesaid exceed the height by this Act in that behalf limited the driver of such carriage at the time when such offence shall be committed shall forfeit five pounds.
15. And be it enacted That no person shall be allowed to sit or be carried upon any luggage placed on the roof of any stage carriage as aforesaid and that not more than one passenger or other person shall be allowed to sit or be carried upon the box with the driver
of any such stage carriage and that if any person shall sit or be
carried upon any luggage placed as aforesaid or if more than one person besides the driver shall sit or be carried upon the box of any stage carriage as aforesaid the driver thereof at the time when any such offence shall be committed shall forfeit five pounds.
16. And be it enacted That if the number of passengers at any one time conveyed in upon or about any licensed stage carriage shall be greater in the whole than the number of passengers which the license granted in respect of such carriage shall authorize or allow to be conveyed thereby or if the number of passengers at any one time conveyed in the inside of such stage carriage or upon or about the outside thereof shall be greater respectively than the greatest number of inside or outside passengers respectively specified in or upon such license and allowed thereby the person to whom such
license shall have been granted shall forfeit five pounds for every passen­

in the whole or in the inside or on or about the outside of such carriage	ger so conveyed above the number allowed by such license to be conveyed
respectively and the driver of such stage carriage at the time when such offence shall be committed shall also forfeit five pounds.
17. And be it enacted That if the driver of any stage carriage within the meaning of this Act shall permit or suffer more than one person on the coach box besides himself or a greater number of passen­ gers than according to the numbers allowed by the license of any such stage carriage or by this Act to be carried or conveyed it shall be lawful for any outside or inside passenger who has actually paid for his place if conveyed by such carriage to require the driver to stop such carriage at any toll or turnpike gate and to require the collector of the toll of such gate to count the number of passengers or measure or ascertain the height of the luggage upon such carriage and if any such driver shall refuse upon the demand of any such passenger to stop any such stage carriage or to permit or suffer the collector who shall be so required to count the number of passengers and ascertain the height
of the luggage or to make such examination then the driver of such stage
carriage shall forfeit and pay the sum of five pounds for every such

refusal

refusal and shall if more passengers shal l have been carr ied on such stage carr iage or t h e luggage shal l exceed the he igh t respectively allowed by th is A c t forfeit and pay for every such offence t h e commit ­ t i n g whereof shall he prohib i ted as aforesaid double t he pena l ty imposed by th i s A c t for such offence and if any to l l collector u p o n be ing so requi red by any such passenger shall neglect or refuse to m a k e such examina t ion such to l l collector shal l forfeit and pay t h e s u m of five pounds for each offence and if any person shal l endeavour to evade such examina t ion by descending from such s tage carr iage previous to reach ing any t u r n p i k e gate and re-ascending after pass ing t h e same every such person shall forfeit a n d pay t h e sum of t en pounds .

18 . A n d be i t enac ted Tha t if t h e driver of any s tage carr iage d rawn b y th ree or more horses shall at any place where such car r iage shal l s top qui t t h e box of such car r iage or t h e horses d rawing t h e same w i t h o u t del ivering t h e reins in to t h e hands of some fit a n d proper person or before some fit and proper person shal l be placed a n d shal l s tand at t he heads of t he horses and shal l have t he c o m m a n d thereof or if any person so placed and s t and ing a t t h e heads of such horses shall leave such horses before some other proper person shal l be placed and s tand in l ike m a n n e r and have t h e command of such horses or before t h e driver of such s tage car r iage shall have r e t u r n e d and seated himself upon the box and t a k e n the reins or if the driver of any stage car r iage shal l p e r m i t any passenger or any person o ther t h a n himself to drive t h e horses d rawing such carr iage or if t h e driver of any s tage carr iage shall qui t t h e box of such carr iage w i t h o u t reasonable occasion or for a longer t i m e t h a n such occasion shall absolutely requi re or if any person t rave l l ing as gua rd to any such stage car r iage shall whi ls t t h e horses are harnessed or in the act of be ing harnessed there to and whilst any passenger shall be in u p o n or abou t such carr iage discharge any fire­ a rms except for t h e necessary defence of such carr iage or of t h e passengers or luggage be ing in or abou t t h e same or if t h e driver or conductor or gua rd of any stage carr iage shall neglect to t ake due care of any luggage whatsoever carried or to be carr ied by such carr iage or if any such driver or conductor or gua rd shall demand or receive for t he fare of any passenger more t h a n t h e s u m which such passenger shal l be l iable to pay or more t h a n t h e money proper ly chargeable for t he carr iage of any luggage or if any such driver or conductor or g u a r d shal l w h e n the re to requ i red neglect or refuse

faithfully to account to his employer for all monies received by h i m
in respect of any passenger or any luggage which shall be carr ied b y

such carr iage or if any such driver or conductor or gua rd shal l assau l t or use abusive or insu l t ing l anguage to any person t ravel l ing or a b o u t to t rave l or hav ing t ravel led as a passenger w i th or by such carr iage or to any person accompanying or a t t end ing upon any such passenger in coming to or going from any such carr iage every such offender i n any of t h e several cases aforesaid shal l forfeit five pounds .

19. A n d be it enacted Tha t if t h e driver or conductor or g u a r d of any s tage car r iage or any other person hav ing the care thereof or employed in u p o n or abou t such carr iage shall t h r o u g h in tox ica t ion or negl igence or by w a n t o n or furious dr iv ing or by or t h r o u g h any other misconduct endanger t he safety of any passenger or other person or shall in jure and endanger the p roper ty of t he owner or propr ie tor of such s tage carr iage or of any o the r person every such person so offending shall forfeit five pounds .

20. A n d be i t enacted T h a t whenever i t shall happen t h a t t h e

dr iver or conductor or gua rd of any s tage carr iage shal l have com­ m i t t e d any offence aga ins t th i s A c t for t h e commission whereof any

pena l ty

pena l ty is by th i s Ac t imposed upon such driver or conductor or gua rd a n d n o t upon t h e propr ie tor of such carr iage and such driver or conductor or gua rd shall not be k n o w n or be ing known cannot be found t h e n t h e propr ie tor of such carr iage shal l be liable to every such pena l ty as if he h a d been t h e driver or conductor or gua rd of such carr iage at t he t ime when such offence was commit ted Provided always Tha t if any such propr ie tor shall m a k e out to t h e satisfaction of t he Jus t ice of t he Peace before w h o m any complaint or informat ion shal l be hea rd by sufficient evidence n o t res t ing on his own tes t imony t h a t t he offence was commit ted by such driver or conductor or gua rd w i thou t t h e pr iv i ty or knowledge of such propr ie tor and t h a t no profit advan tage or benefit e i ther directly or indirect ly has accrued or can accrue to such proprie tor therefrom and t h a t he has used his endeavour to find out such driver or conductor or gua rd and given all reasonable informat ion in answer to enquiries respect ing h i m such Jus t i ce shal l

discharge t h e propr ie tor from such pena l ty and shal l levy t h e same

upon such driver or conductor or gua rd when found.

2 1 . A n d be i t enacted Tha t all offences against th i s Ac t shall

be hea rd and determined and such fines and penal t ies awarded and imposed in a s u m m a r y way by and before any Jus t i ce of t h e Peace upon informat ion in t h a t behalf exhibi ted and t h a t all fines and penal t ies so awarded and imposed shall go and bo dis t r ibuted and all persons aggrieved by any summary convict ion unde r th i s Ac t in case t h e fine or pena l ty awarded shall exceed t h e sum of five pounds shal l be enti t led to appeal therefrom in the m a n n e r respectively provided by t h e A c t of t he said Governor and Council passed in t h e fifth year of t h e re ign of H i s said present Majesty in t i tu led " An Act to regulate

summary proceedings before Justices of the Peace."

22. A n d be i t enacted That any summons issued by any Jus t i ce of t he Peace commanding any driver conductor gua rd owner or pro­ pr ie tor of any stage carriage or any person or persons or company of propr ie tors or firm of any company to w h o m such carriage shall belong to appear before h im a t such t ime or place as to such Jus t i ce shall seem meet for any offence commit ted against th i s Act shall be deemed to be well and sufficiently served in case ei ther the original or a copy of such summons be left wi th t h e known or ac t ing book-keeper for such carr iage in any town or place into or t h r o u g h which such carr iage shall be driven.

23 . A n d be i t enacted Tha t all summonses informat ions and

convictions which shall be issued laid or prosecuted agains t any owner
or propr ie tor of any s tage carr iage as above described unde r and by

v i r tue of th i s A c t for t h e recovery of any fine or pena l ty hereby imposed shal l in all cases in which there shal l be more t h a n one such owner or propr ie tor and when such owners or propr ie tors shall reside in different places be so issued laid or prosecuted agains t such one or more of t he said owners or propr ie tors as shal l reside in t h e place or neares t to t he place from which such summons shall be issued.

2 1 . A n d be it enacted T h a t if t h e propr ie tor or propr ie tors of

any s tage carr iage shall employ or suffer t o be employed as driver g u a r d or conductor of any s tage carr iage any person serving under a n y sentence or order of t r anspor t a t i on whe ther hold ing a pa r t i a l or t e m p o r a r y remission of such sentence or order or otherwise such propr ie to r or propr ie tors shall become liable to t h e paymen t of any fine which m a y be imposed upon such driver gua rd or conductor for any offence agains t t h e provisions of th i s Ac t to be recovered in the same m a n n e r a s if such proprie tor or propr ie tors h a d been convicted of such offence.

4 I. 25.

25. A n d be i t enacted Tha t all prosecut ions for offences aga ins t th i s Ac t shal l be commenced wi th in fourteen days after t h e offence shall have been commit ted and the re shall be b u t one recovery for t he same offence except where t h e owners of s tage carriages are required to pa in t the i r names and t h e n u m b e r of passengers which they m a y be licensed to carry and to preserve t h e same in a clear a n d legible s ta te in which case such prosecut ion shall be commenced a t any t ime and any neglect in remedying t h e same for t he space of one m o n t h shal l be considered a new offence.

26. A n d be it enacted Tha t if any act ion or suit shal l be commenced aga ins t any person or persons for any t h i n g done in pu r suance of th i s Ac t t h e same shal l be commenced wi th in th ree m o n t h s after t h e fact commi t t ed and no t af terwards and t h e defendant or defendants in such act ion shal l a n d m a y plead t h e general issue and give th is Ac t and the special m a t t e r in evidence and t h a t t h e same was done in pu r suance and by t h e au tho r i t y of th i s A c t a n d if it shal l appear so to be done or t h a t such act ion or suit shall be com­ menced after t h e t ime before l imited for b r ing ing the same t h a t then t h e j u r y shal l find for t h e defendant or defendants and upon a verdict for t h e defendant or defendants or if t h e plaintiff or plaintiffs shall be non-sui ted or d iscont inue his he r or the i r act ion or sui t after the defendant or defendants shal l have appeared or if upon demur re r j u d g m e n t shal l be given against t h e plaintiff or plaintiffs t h e defen­ dant or defendants shall and m a y recover t reble costs and have t h e l ike remedy for t h e same as any defendant or defendants h a t h or have in any other cases by law.

SCHEDULE REFERRED TO.

A.

Form of License for a Stage Carriage.

WHEREAS A. B . or (A. B. and C. D. naming the proprietor or proprietors) of a

certain stage carriage being {here insert in general terms the description of carriage whether a telegraph or long-bodied coach van or cart and the number of wheels) having applied to US E . F . and G. H . Just ices of the Peace assembled in Pe t t y Sessions for the District of to grant to him (or them as the case may be) a license to authorize him

(or them) to keep use and employ the said stage carriage between and

(naming the extreme places) And whereas W e the said Justices having had this day exhibited to us the said stage carriage and having examined the same and being satisfied that the said carriage is calculated safely and conveniently to carry the number of passengers hereinafter mentioned do hereby in pursuance of the authori ty in us vested by the Act of the Governor and Council passed in the sixth year of the reign of His present Majesty King Will iam the Four th inti tuled " An Act for regulating Stage Carriages in New South Wales " authorize and license the said A . B . (or A. B. and V. D.) to carry and convey between aforesaid and aforesaid the number of

passengers in and by the said stage carriage that is to say the number of

passengers in the inside and	passengers on the outside thereof subject to
the several regulations and provisions of the said recited Act .	This License to cease and

determine on the thi r t ie th day of September one thousand eight hundred and

Given under our hands this

day of 183 .

No. I I I .