Stage-carriages Act 1899 (NSW)
Act No. 24,
| STACE-cAiiULUiEs. | A l l | A c t | t o | c o i i s o l i d a t c | t h e | A c t s | r e l a t i n g | t o |
| S t a g e - c a r r i f i g e s . | {23rd y<>rnid)ei% | 1 8 1 h ).] |
T ^ E it ('n:R‘tc(l l)v tlie Queen’s Most Excellent Majesty, 1)V and with i 4 the advice and consent of the Legislative Council and Legislative
Asscjnhly oP New South "Wales in Parliament assembled, and by the authority oP the same, as follows:—
PART I.
J^reliminary.
| 8liort title tind | 1. Tills Act may he cited as the “ Stage-carriages Act, 1S99,” |
| division. | and is divided into Parts, as follows :— PAliT I.—Trclhninary.—ss. 1-4. PART I I .—Licenses.—ss. 5-7. |
| PART | I I I .— Goieral provisions.—ss. 8-14. |
PART IV.-—Offences and penalties, and procedure.—ss. 15-93.
2. (1) The Acts mentioned in the IPirst Sehcdule to this Act
are, to the (extent therein expressed, hereby repealed.
| 8ti ving. | (2) All licenses granted under tlie Acts hereby repealed shall he deemed to have been granted under tliis Act, hut shall have the same duration as they would have had iP the said Acts had not been | |
|
| Act No. 24, 1899. | 223 |
Stage-carriages.
3. In tins Act, unless the context or subject-matter otlierwiso intei'i'iehuion.
| indicates or requires,— | g Wm. i v X o . 2, s. 2. |
“ stage-carriage” means any open or close coach, carriage, or other
vehicle having two or more wheels;
“ proj)rietor” includes every owner and part owner oi‘ any stage- lUd. s s . g , g .
carriage and every person concerned either solely or in
partnership in the keeping or using of any stage-carriage;
“ justice” means justice of the peace ; and “ license” means a license under tliis Act.
4. (1) This Act shall apply to every .stage-carriage kept or Ap|.iicaU.m of an.
used, or let out to he kept or used, for the pur])osc of c o n v e y i n g s. 2.
passengers for hire to or from dilfercnt parts of New South Wales
for a separate and distinct fare for eacli passenger, and Avliich ’clicn
travelling along any road tra^nls at tlie rate of three miles or more in
the hour.
(2) This Act shall not apply to licensed vehicles plying Kxc-epUon.
wholly within the Metropolitan Police District, nor to stage-carriages 48Vio. No. 2j,s. 5.
the licensed terminations of which are within the Municipal District
| of Ncnvcastlc. | ’ |
PAET II.
Licenses.
5. (1) Any proprietor desiring to obtain a license or renewal of Apiiiioation tor
a license for any stage-carriage shall make and sign a requisition in
which shall he truly stated the Christian name and surname and place;
| of abode of every proprietor of such stage-carriage, and shall make | ’ ’ |
| application for such license or renewal before two or more justices assembled in petty sessions for any district from or through Avhich such stage-carriage is intended to pass. |
(2) Such application shall he made at the usual time and Lioenso may be
place of holding such sessions, and the stage-carriage for ’vvdiich such
license is required shall ho exhibited to the justices, wlio may, p p p o n ^
examination, of such stage-carriage, and subject to the provisions of
the next subsection, determine the maximum number of passengers
which may be safely and conveniently carried both in the inside and
on the outside thereof, and may thereupon grant a license under their
hands in the form of the Second Schedule hereof to such proprietor to
keep and use such stage-carriage.
(3) No stage-carriage shall be licensed unless the scats are Space foi-pi,sfengers. at least fourteen inches wddo from front to back, and have sufficient 48 vic. No. 21. ?. 4. room between them to allow all passengers to be seated with comfort
and
224 Act No. 24, 1899.
Stage-carriayes.
Contents of license, and (Icconcv, nof sliall any stacre-cavriaffc lie licensed to carry mort;
oWni.iVNo. 2, s. 0. pagsengers than can be seated, allowing tlie space of twenty inches on
the scat for each passenger.
6. (1) In every license or renewal of a license tlicre shall be
specified,—
{(i) the Christian name and surname and place of abode of every
proprietor of the stage-carriage;
| (Jj) | the names of the extreme places from and to whieli sueh carriage is authorised to go or pass ; |
| (c) | the maximum number of passengers determined by the justiees to be conveyed by such carriage, and |
| (d) | the number of suclx passengers to be cirried in the inside and the number to be carried on the otitside of such carriage. |
| Fee lo be pai K | (2) The clerk of the petty sessions where any license is |
| Ibid. p. | issued may demand the sum of five shillings for every such license and the said sum shall be paid by the party apjfiying for such license. |
| Copy may bo liad. | (;i) A copy of ev('ry license shall be kept at the office Avhere |
| Zbid. ?. 6. | such license Avas issued, and any person may have a eopy of such license upon payment of one sliilling for the same. |
| Duration of license. | 7. (1) Ea'ciw license granted nndei' this Act sliall continue in |
| Ibid. 8. 7. | force from the date of such license until the thirtieth day of Sejitemhcr next folloAving and no longer, but if such license is granted in the mouth of September in any year it shall continue in force until the thirtieth day of Septemher in the folloAving year and no longer. |
| Renowuis. | (0) Evci’y licciise shall be reneAved annually, and also when |
ever any change takes })lacc in the proprietors of any stage-carriage.
| ProTisoasto | (3) EA’ciy reiicAval of a license shall be subject to tlie |
| renewals. | provisious of tliis Act Avitli respcct to the granting of licenses. |
PART III.
General î rovitiions.
| Particulars to be | 8. | (1) Upon each side of every stage-carriage kept or used |
| painted on ?tagc- |
| carriogo. | there shall be painted in Avords at length upon some conspicuous part |
| Zbid. 9. 10. | and clear of the Avheels— |
(«) the Christian name and surname of the proprietor or one of
the proprietors of sueh carriage ; and
{b) the names of the extreme places from and to Avhieh sueh
carriage is licensed to travel;
and upon some eonspienous place on thi' back of such carriage—
| (c) | the number of passengers allowed to be carried by such | |
|
| Act No. 24, 1899. | 225 |
Stage-carriages.
and if such carnage is licensed to carry botli inside and outside
passengers—
| (d) |
the number of passengers allowed to be taken in the inside (2) The several particulars required by this section to besiz<-of letters,
| sf ail'd shall be truly painted in legible and conspicuous letters one | iv No. 2, |
| inch at least in beiglit, and of projierly proportionate breadth, in colour dilfercnt from and opposite' to the colour of the ground on which they arc painted, and shall bo placed so that they shall at all times be plainly and distinctly visible and legible. |
9. No outside jiassengcr or luggage shall he carried on the Outside passengers,
roof of any si age-carriage if such roof is more than eight feet nine inches itid. e. ii.
from the ground, or if the bearing of such carriage is less than four
feet six inches from tlic centre of the track of the right wheel to the
centre of the track of the left wheel.
10. (I) Subject to the last preceding section any four-wheeled Number of outside
stagi'-carriiigc licensed to carry not more than nine passengers shall
| not he Jillowcd to carry more tluui five of such passengers outside; if | ■ | • ■ |
| licensed to carry more than nim; but not more than twelve passengers shall not he alloAved to carry more than eight of such ])assengcrs outside; if licensed to carry more than twelve but not more than lifteen jtassengers shall not be allowed to carry more than eleven of such ])assengers outside ; if licensed to carry nrorc than fifteen but not more tlmn eighteen passengers shall not be allowed to carry more than twelve ol' such passengers outside ; and if licensed to carry more than ('igbteen passengers shall not be allowed to carry more than two additional passengers outside for cvc'ry three additional jiiissengers Avhich such carriage is licensed to carry. |
(2) The number of outside passengers shall be reckoned iiow rcciioned.
| exclusive of the driver of such stage-carriage and of every child in the^ '̂' -̂ | is- |
| lap, and of any child not in the lap but under seven years if only one such child is carried, but shall include the conductor or guard of such carriage, and if two or more children not in the lap but under seven years are carried, e\ ery two of such children shall bo counted as one ])asscnger. |
11. Luggage carried on the roof of a stage-carriage drawn by Limiinikm of
| four or move horses shall not exceed ten feet nine inches, nor lu<jrga''’e | ' | ' | ' O | O | 1 } ' 1 | ■ | 1 4 |
| carried on the roof of a stage-carriage drawn by two or Ibree hors('s | ' |
| exc('ed ten feet three iirchcs in lu.'ight from the ground, measuring in each case to the highest point of any such luggage when placed upon the roof of any such carriage. | |
| 12. livery jrropriedor and di'ivcr of any stage-carriage shall severally coiiqdy with and cause to he observed the rc(piirements jiu'iitioiK'd in this section, that is to say |
| (1) | livery such stage-carriage shall carry a sutlicient and ])roperly nunjis to bo oaiiiod, furnished lamp on each side, and tbrcc such lamps if nrore ■is Vic. No. 21, s. i. |
| T | • | than |
| 22G | Act Xo. 24, 18t)G. |
Stage-carriages.
than two horses or other animals are employed in drawin< ̂the same ; the third lam]) to he carried and exhilrited over the forepart of the Irody of such carriage, and such lamps shall he kept continuously alight hetween sunset and sunrise while such carriage is being used for the purpose of travelling.
| iLlliciont brcccliiii". | (2) Every horse or other animal used in the shafts or pole of any stage-carriage shall have efficient breeching as a portion of its harness whilst so used, unless a certificate is granted by the justices licensing such carriage that such breeching is unnecessary on the ])ortion of road on which such carriage is running. |
| 48 \ w . No. 21, s. 1. | |
| Brake to be aUaclK‘4, | (3) Every such stage-carriage having more than trvo wheels shall, when carrying ])assengers for hire, he provided with a sufficient and readily available brake properly attached to such carriage, |
| Ibid. | |
| Interpretation | (d) The terms “ sufficient," “ efficient,” “ readily available,” and “ properly furnished” shall mean rightly adequate to the particular purpose in question, according to the character of the carriage and of llie roads on which it habitually plies. |
| Ibid. |
| Saving; common law | 13. Xothing in this Act, and no prosc'cution or conviction of for racing or other ivilful misconduct, shall affect any right of action which any person sustaining injury in consequence of any non compliance with the re(]uirements of the last preceding section or in consequence of such careless or furious driving or racing or other wilful misconduct would have been entitled to if this Act had not been ])assed. |
| remedy. | |
| i;i Vic. No. 5, s. 2. | any driver of any stage-carriage for careless or furious driving or |
| 48 Vic. No, 21, s. 3. | |
| General issue. | 14. (1) Any action or suit against any person for anything after the act committed and not afterwards, and the defendant may plead the general issue and give this Act and the sjiecial mattm- in evidence, and that the same was done by the authority and in ])ursuancc of this Act, and if it ajipears so to have been done or that the action was commenced aftc'r the time limited for commencing such action, the jury shall find for the defendant. |
| 0 Wra. IV No. 2, | done in pursuance of this Act sliall be commenced within three months |
| 8. 2G. |
| Treble costs. | (2) If tlie defendant obtains a A | crdict in such action, or if |
| Ibid. a. 26, | the plaintiif is nonsuited, or after the defendant has appearc'd, dis continues his action, or if u])on demurrer judgment is given against the plaintiff, the del'endant sliall have judgment for and may recover treble costs from the plaintiff. |
PAET
| Act No. 24, 1899. | 227 |
Stage-carriages.
PAET IV.
Offences and penalties and procedure.
15. Any person ivlio omits or neglects to specify truly in the Penalty under
| requisition mentioned in section ilvt', subsection one, the name of any | ^ |
| jiroprietor of any stagc-cari'iage referred to in sucli requisition sliall ̂ 5 | '̂ ”’' |
| forfeit ten pounds. |
16. Any person wlio, solely or ivitli others, kcejis or uses any Penalty for keeping
stage-carriage witlioiit having a license in force so to do shall forfeit
| twenty ]:>oun(ls. | i ^ |
17. (1) Any person wlio keeps or iisc.s any stage-carriage upon Penalty nnder
| AVhich-- | " | sections. |
| (a) | he has neglected to paint tlie particulars mentioned in section eight in accordance with i,lie requirements of that section; or, |
(&) if the said particulars have become partially obliterated or defaced, he has neglected to repaint the name so as to accord with the provisions of the said section,
shall forfeit five pounds.
(2) A fresh oifence sliall lie deemed to he committed under Con(inning nogieci.
this section in and for every month during which such neglect con- iiiid. s. 25.
tinues.
18. If any outside passenger or luggage is carried on any Pennity under
stage-carriage coutrary to the provisions of section nine, the driver of such carriage at the time when the oifence was committed shall forfeit five pounds.
19. If a greater iiumher of passengers are carried on the outside Penalty under
of any stage-carriage than th.e numher allowed by the license to he
| carried on the outside, or if any outside passengers are carried on | ' |
| any stage-carriage not licensed to carry any outside passenger, the | - |
| driver of such stage-carriage at the time when the offence was com mitted shall forl'eit live pounds. |
20. If any luggage is carried exceeding in any case the height Poniiiiyunder
mentioned under section eleven, the driver of such carriage at the time
Avhen the oifence was committed shall forfeit five pounds.
21. If any person sits or is carried upon any luggage placed on xo].erson 10i,cran-nd
the roof of any stage-carriage, or if more than one person sits or is S . s.'k!"'’
carried upon the box with the driver of any stage-carriage, the driver Oniy one person on
| of such carriage at the time when the offence was committed shall | H id . |
| forfeit five pounds. |
| 22. If the numher of passengers at any one time conveyed— | Pi'-ualiv for |
| passi'ii^ers in |
| (a) in, upon, and about; or | of nunibev allowed. |
| (i) in the inside o f; or | nid, s. IG. |
| (c) upon and about the outside of |
any stage-carriage is in any case greater than tlie number allowed by the license to he conveyed in, upon, and about such carriage, or in the
inside,
228 Act No. 24, 1899.
Stage-carriages.
inside, or on the outside of such cai-riage, respectively, the person to whom the license has been granted shall forfeit five pounds for each passenger conveyed in any such case in excess of the number allowed by tlie license, and the driver of sucli carriage at the time when such oifence was committed sliall forfeit five pounds.
Passenger may
| require driver to stop | 23. (1) If the di'ivcr of any stage-carriage permits or suffers |
| at any toll-gate. | more than one person on the box besides himself, or a greater number |
| 6 Wm. IV No. 2, | of passengers than the number allowed by the license granted in respect |
| e. 17. | of any such carriage, or by this Act, to he carried or conveyed, any passenger who has actually paid for his place in such carriage if conveyed by such carriage may require the driver to stop such carriage at any toll or turnpike gate, and may require the collector of the toll at such gate to count the number of passengers or measure or ascertain the height of the luggage on such carriage. |
| Penalty on driver for |
| refusal. | (2) Any such driver who refuses when so required to stop |
| Ihid. | such stage-carriage, or to permit such collector to count the number of passengers or to measure or ascertain the height of the luggage, shall forfeit five pounds for every sueh refusal, and if more passengers arc carried in any such ca'C on such stage-carriage than the number allowed by the license, or if the luggage exceeds the height allowed by tills Act, shall forfeit double the penalty imposed by this Act for any such oifence. |
| Penalty on |
| toll-collector. | (3) Any such collector who upon being required as aforesaid, |
| Ihid. | neglects or refuses to count the passengers or to measure or ascertain the height of the luggage on any stage-carriage, shall forfeit five pounds for every such offence. |
| Passenger evading | (i) Any person who endeavours to evade the counting of |
| counting. |
| Ibid. | passengers by any such toll-collector, by descending from such carriage before reaching any toll or turnpike gate and re-ascending after passing the same, shall forfeit ten pounds. |
| Penalty on leaving | 24. -Vny driver of any stage-carriage, drawn by three horses or |
| horses unattended. | more, who at any place where such carriage stops quits the box of such |
| Ihid. s. 18, | carriage or the horses drawing the same without delivering the reins into the hands of some fit and proper person, or before some such person is placed and stands at the heads of such horses and has command thereof, or, any jicrson so placed who h'aves such horses before some otlicr fit and proper jierson is jdaced and stands at the heads of and has command of such horses, or Avho leaves such horses before the driver returns and seats himself on the box and takes the reins, shall for any such oifence forfeit five pounds. |
| Penalty on driver | 25. Any driver of any stage-carriage Avho peuanits any passenger box of such stage-carriage, Avithout reasonable occasion or ff>r a longer time than such occasion absolutely requires; or any person travelling |
| quitting the box. | or other j)erson to drive the horses drawing such carriage, or quits the |
| Ihid. |
as
| Act No. 24, 1899. | 229 |
Stage-ccu'j'iages.
as guard to any stage-carriage who, whilst the horses arc harnessed or Penalty < 1 gU:tml
arc being harnessed thereto, and whilst anv passenger is in, npon, or
| about such carriage, discharges any lirearms, except for necessary jg"’’ | ' ’ |
| defence of such carriage or its passengers or luggage, shall for any such otTt'nce forfeit five pounds. |
26. Any driver, conductor, or guard of any stage-carriage, who— Various oti;er
{a) neglects to take due care of any luggage whatsoever carried
or to he carried by such carriage ; or
{!)) demands or receives for the faro of any passenger more than
tlie sum which such ])asscnger is liable to pay, or more tlian tlie
sum properly chargeahlc for the carriage of any luggagi'; or
{(■) when theri'to requiri'd, neglects or refuses faithfully to accoiint
to his (nn[)loyer for all moneys received by him in res])ect of
any passenger or luggage carried by such carriage; or
{(1) assaidts or uses abusive or insulting language to any ])crson travelling or about to travel or having travelled as a passenger by such carriage, or to any person accompanying or attending upon any snch passenger in coming to or going from any such carriage,
shall for any such offence forfeit live pounds.
27. Any driver, conductor, guard of any stage-carriage, or any Pcnaiiv on persons
other person having the care thereof, or being employed in, upon, op
about such carriage, who through intoxication or negligence, or by property,
| wanton or furious driving, or by or through any other misconduct, | s-lO- |
| ('udangers the safety of any passenger or other person, or injures and endangers the property of the proprietor of such stage-carriage, or of any other person, shall for any such offence forfeit five pounds. |
28. If in any case it happens that the driver, conductor, or Proprietor liable for
guard of any stage-carriage has committed any offence, in respect of not kimt-n!
| which he is liable under this Act, hut the proprietor is not, and snch | s, 20. |
| driver, conductor, or guard is not known, or if known cannot be found, the projirietor of sneb carriage shall be liable to the penalty for every such oifence as if he had been the driver, conductor, or guard of such carriage at the time when such oifence was committed : |
Provided that if such ])roprictor makes out, to the satisfaction Proviso,
of the justices hearing any information or complaint, liy sulheient
evidence not resting on his own testimony,—
{(() that such offence was committed without his privity or
knowledge; and
{h) that no profit, advantage, or benefit has accrued, or can accrue to him, either directly or indirectly, by the commission of such oifence; and
280 Act No. 24, 1899,
Stage-carriages.
| (c) tliat li(“ | lias eiulcayouved to find out sucli driver, conductor, |
or guard, and lias giw n all roasonahlc information in answer
to any inquiries respecting him,
the justices shall discharge such proprietor from sucli penalty, and shall levy the same upon sneli driver, conductor, or guard wdion found.
renultj under
| section 12. | 29. (1) If any proprietor or driver of any stage-carriage neglects or omits to comply witli or cause to be observed any of the requirements of section twelve lu'reof, he shall ho liable to a p<!nalty not exceeding forty pounds, which may he recovered in a summary way before any two jnsliei's under proceedings commenced in any town or place from, through, or to which such stage-carriage plies. |
| 48 Vic. N'o. 21, s. 2, | |
| Jiuticcs to clelermiiu' |
| siit!i(*iencj. | (2) Any (picstion arising in any such proceedings as to |
| Ihid. s. 1. | the sufficiency or furnishing of lamps, or as to the efficiency of any breeching, or as to tlie suffioiency and availability of any brake, shall he finally determined by tlie justices in each case. |
| Proceedings for |
| penalties. | 30. (1) All olfenccs against this Act shall he heard and deter |
| 0 AVm. IV No. 2, | mined in a siimmary v ay, ii]ion information in that behalf ('xhiliited, |
| s. 21. | in accordance with thi' {irovisions of the Acts regulating summary jirocccdings before justiees. |
| Appeal. | (2) Any person aggrieved by any summary conviction |
| Ihid. | under this Act, in any ease where the lino or penalty exceeds five pounds, may appeal tliercdVom, under the provisions of the Acts fifth William the lAurtli numher twenty-two and thirty-ninth Victoria iinmhcr thirty-three. |
| Service of process. | 31. Any summons issued by any justice against any driver, ooiiductor, guard, or ])ro})rietor of any stage-carriage for any offence under this Act, shall he deemed to he duly served if the original or a copy of sueh summons is left with the known or acting hook-keeper for snch carriage in any toivn or place through Avhich such earriage is driven. |
| Jidd, s. 22. | |
| Informations to be | |
| laid against llie | 32. AVhen thor(> are s(ncral proprietors of any stage-carriage under this Act may lû issued, laid, and prosecuted against such one or more of them as reside in, or nearest to, the place from Avhicli the summons is issued. |
| nearest proprietor. | Avho reside in diiVercnt places, any summons, information, or conAUction |
| Ihid. s. 23. | |
| ]irose(Mitions. |
| Limitation of | 33. (1) I ’rosc'cutioiis under section scAUiiteen subsection (1), |
| Ihid. s. 25. | may he commoneod at any time, hut in all other cases, except under section tw('nty-ninc hereof, ])rosecutions for olfenccs against this Act shall he commenced Avithin toiirtceii days after the oifence has heim committed. |
(2) Prosecutions under section tAA’cnty-ninc hereof may he
commenced Avithin one month from the committal of tlio olfcneo.
| I | hid. | (3) There shall not he more than one recovery for the same |
otf('iie('.
SCHEDULES.
| Act No. 24, 1899. | 281 |
stay e-carriages.
SCHEDULES.
| PIPuST | S C H E D U L E . | Section 2. |
| Ttoferoneo to Act. | Title or short title. | Extent o[ re])eal. |
| 0 Win. IV No. 2...: An Act fof rootilniiiio Stago-eavringes in New | Tlic wliole. |
South Wales.
| H< ^ ic. No. | 5 ...| An 7\ct for ])uitisliitig critninallv Drivers of Stage | The unrcpealed |
| Coaches anil Carriages for accidetits occasioned | portioti. |
| by their wiU'til ndscondtict. |
| 48 Vic. No. 21 | ...j Carriages Pcgtilalion Act of 1884 | ... | .. | The whole. |
| SECOND | S C llE D U L Il . | Section 5. |
Form oflicenac fo r a slarje-carrlage.
AVhereas ,\.B. or \_A.B. cukI C.D., rtmtinr/ (he proprietor or proprietors] of a certain stage-carriage being \Jiere insert in general terms the description o f carriage, whether a telegraph or loniphodicd conch, van, or cart, and the numher o f whecds], having applied to us, K.C. and O.H., justices of the ])caco, assembled in petty sessions for the district of , to grant to him [or them, as the case mag he] a license to authorise
| him [or them] to keep and use the said stage-carriage between | and |
[naming the extreme, places] : And wliereas v.e, the said justices, having had this day exhibited to us tlie said stage-carriage, and liaving examined the same and being satislied that the said carriage is calculated safely and conveniently to carry the number of ])assengers hereinafter mentioned, do hereby, in pursuance of the authority in us vested by the fStage-carriages .Ad:, 189 , authorise and license the said A.H. [or A .B . amt C.D.]
| lo carry and comey between | aforesaid and | aforesaid the number |
| of | passengers in and by the said stage-carriage, tha t is to say, the junnber of jiassengors in the inside and jiassengcrs on the outside thereof, |
| subject to the several regulations and ^irovisions of the said Act. | This license to cease |
| and determine on the thirtieth day of Sejitcmber, one thousand | and |
| tiiven under our hands this | day of | , one tliousand |
and
Act
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