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Canterbury Provincial Ordinances |
16. The Hackney Carriage Ordinance 1864
Analysis
Preamble.
1. City Council to make by-laws for licensing hackney carriages.
2. Powers of such by-laws.
3. Penalty for infringement.
4. City Council to grant licenses.
5. Appropriation of license fees.
6. Interpretation clause.
7. Title.
Whereas it is expedient to make provision for regulating and licensing
hackney carriages carriers and others plying for hire within
the said City of
Christchurch and its vicinity and the owners and drivers thereof.
Be it therefore enacted by the Superintendent of the said Province by and
with the advice and consent of the Provincial Council thereof
as
follows:
1. City Council to make by-laws for licensing hackney carriages. From and
after the passing of this Ordinance it shall be lawful for
the Christchurch City
Council to make such by-laws as they shall from time to time think fit for
licensing and regulating hackney
carriages carriers and others plying for hire
within the said City and its vicinity and the owners and drivers of such
provided that
for every license of a hackney carriage cart van or other vehicle
for any one year there shall be paid such sum as the said City
Council shall
direct not exceeding the sum of five pounds.
2. Powers of such by-laws.
The said City Council in the by-laws so to be made by them by virtue of this Ordinance shall have power and authority to make Regulations touching the licensing and conduct of the owners drivers and conductors of such hackney carriages carts vans and other vehicles in their several employments the hours within which such owners drivers and conductors shall exercise their respective callings whether they shall wear any and what badges the number description and furnishing of such hackney carriages carts vans and other vehicles the number of persons to be carried in the same the situation and number of public stands the amounts of fares for time or distance to be paid for the use of such hackney carriages and other vehicles plying for hire within the said city and its vicinity the safe custody and delivery of any property which may be accidentally left in such hackney cart van or other vehicle the punishing any misconduct on the part of the owners drivers conductors and persons attending such hackney arriages carts vans and other vehicles whether in the way of imposition or by demanding or receiving more than the regular fare or otherwise as well within the said City as within the distance of eight miles from the corporate limits thereof Provided that for every such license of any such owner driver or conductor there shall be paid such sum as the Council for the said City shall direct not exceeding the sum of twenty shillings.
3. Penalty for infringement.
The Council of the said City shall have power and authority by such by-laws
to fix the amount of fines and penalties to be imposed
on the owners and drivers
of such hackney carriages or other vehicles for misconduct or imposition in
demanding or receiving more
than the regular fares or otherwise and on persons
hiring such hackney carriages or other vehicles for fraudulently evading the
payment
of such fares or for the breach of any other by-law which the said City
Council may make in respect of such hackney carriages the
owners and drivers
thereof Provided always that such fines and penalties shall not exceed for any
one offence the sum of ten pounds.
4. City Council to grant licenses.
The said City Council shall have power to grant any such license and to
charge and receive for the same such sum or sums as for the
time being it is in
that behalf fixed by the said City Council And every person who obtains any
such license from the said City
Council shall be deemed to be licensed under
this Ordinance and within the intent and meaning and for the purposes
thereof.
5. Appropriation of license fees.
All fees for such licenses shall be paid to the said City Council or to such
person as they may appoint and shall be applied for the
general use and benefit
of the said City fund.
6. Interpretation clause.
Wherever in this Ordinance the word “hackney carriage” is used the same shall be held to mean any coach car cabriolet van cart or other vehicle plying kept or let out for hire within the said City of Christchurch or within the distance of eight miles from the corporate limits thereof and the word “carrier” shall mean any person using a cart waggon van or other vehicle for the transfer or carriage of goods for hire within the said City of Christchurch or within the distance of eight miles from the corporate limits thereof Provided however that nothing contained in this Ordinance or in any by-law made by virtue thereof shall be held to extend to any carriage or vehicle duly licensed as a stage carriage in pursuance of “The Stage Carriage Ordinance Sess. XX No. 13” Provided that such stage carriages shall ply at regular periods as such to places beyond the corporate limits of the said city Provided also that no such by-laws or regulations shall apply to or be held to apply to carriages which shall e let to hire only when previously ordered
or bespoken at the stables or residences of their owners and which shall
never be permitted to ply for hire in any street or place
off the premises of
their respective owners or to the owners or drivers of such carriages.
7. Title.
This Ordinance shall be intituled and may be cited as “The Hackney Carriage
Ordinance 1864."
Notes.
This Ordinance was passed by the Canterbury Provincial Council on 29th
September 1864, and assented to by the Superintendent on 30th
August.
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URL: http://www.nzlii.org/nz/legis/can_ord/hco1864188