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Stage Carriage's Ordinance 1863

13. The Stage Carriages Ordinance 1863

Analysis

Preface

1. Penalty for keeping a stage carriage without a Incense.

2. Chief Officer of Police to grant Licenses.

3. Officer to forward Licenses to Treasurer.

4. Requisition for License to be signed: by Applicant.

5. Particulars to be specified in Licenses.

6. Carriage to be exhibited to Officer.

7. Licenses to be renewed annually.

8. Penalty for carrying a greater number of Passengers than authorized by

License.

9. Driver and Children in lap not to be counted as Passengers.

10. Particulars to be painted on stage carriage.

11. Luggage on the top of any stage carriage not to exceed weight specified.

12. Penalties on Driver or Guard for misconduct.

13. Penalty on Driver or Guard endangering Passengers or property through negligence.

14. Penalty for ill-treatment of horses.

15. Summons left with Book-keeper to be good service.

16. Fines recoverable in a summary way.

17. Interpretation.

18. Title.

Whereas it is expedient that Stage Carriages in the Province of Canterbury should be subject to proper Regulations:

Be it therefore enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:

1. Penalty for keeping a stage carriage without a License.

If any person shall keep, use, or employ, or shall be concerned as Proprietor or part Proprietor in the keeing, using, or employment of any stage carriage, without having a License in force so to do, granted under the authority of this Ordinance, every person so offending, shall be liable to a penalty not exceeding Twenty Pounds.

2. Chief Officer of Police to grant Licenses.

It shall be lawful for the Chief Officer of Police, for any district on or through which any stage carriage may be intended to pass, to grant a License, under his hand, in the form set forth in the Schedule to this Ordinance annexed, to any person who shall apply for such License in manner hereinafter mentioned.

3. Officer to forward Licenses to Treasurer.

The Officer by whom such license shall be granted, shall forthwith transmit every such license to the Provincial Treasurer, or to the Sub-Treasurer, whose office shall be nearest to the place at which such license was granted, and shall also forthwith notify to the person to whom such license shall have been granted, that such license is ready to be issued, and such Treasurer or Sub-Treasurer shall issue the license to the Licensee upon his application for the same, and upon payment of the sum of five pounds.

4. Requisition for License to be signed: by Applicant.

Before any license shall be granted or renewed under the provisions of this Ordinance for or in respect of any stage carriage, or 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 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 such carriage, or who shall be concerned, either solely or in partnership, 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 be concerned as aforesaid in the keeping, using, or employing of such carriage, every person so offending shall be liable to a penalty not exceeding ten pounds.

5. Particulars to be specified in Licenses.

In every license to be granted or renewed under this Ordinance, there shall be specified the following particulars, that is to say:—the Christian and surname and place of abode 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 and to which such carriage shall be authorized by such license to go or pass, and the greatest number of Passengers to be conveyed by such carriage, as shall have been determined by the Officer 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.

6. Carriage to be exhibited to Officer.

Before any such license shall be granted, the stage carriage in respect of which such license is applied for shall be exhibited to the Officer to whom application shall be made for such license; and it shall be lawful for such Officer, 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.

7. Licenses to be renewed annually.

Every license granted under the authority of this Ordinance shall be and continue in force from the time that the fee upon such license was paid, to the thirtieth day of June next ensuing, the time such license was granted, 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, the said change of ownership shall be notified to the Chief Officer of Police.

8. Penalty for carrying a greater number of Passengers than authorized by

License.

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 be liable to a penalty of not more than five pounds for every Passenger so conveyed above the number allowed by such license to be conveyed in the whole or in the inside, or on or about the outside of such carriage respectively, and the Driver of

such stage carriage, at the time when such offence shall be committed, shall also be liable to a penalty not exceeding five pounds.

9. Driver and Children in lap not to be counted as Passengers.

The several numbers of outside Passengers by this Ordinance allowed to be carried by any such stage carriage as aforesaid shall be reckoned exclusive of the Driver, but including the Conductor or Guard, if there shall be a Conductor or Guard of such stage carriage, and that no Child or Children in the lap shall be counted as a Passenger or Passengers, and that no Child not in the lap but under seven years of age shall be 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 considered as one Passenger, and so on in the same proportion.

10. Particulars to be painted on stage carriage.

No stage carriage shall be used or employed in the Province of Canterbury unless there shall be truly painted in words at length, and in legible and conspicuous letters, one inch at 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 aech side of such carriages, and clear of the 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 carrage, and also, when such carriage shall be licensed to carry both inside and outside Passengers, the greatest number 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 such carriage, then, if 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 be liable to a penalty not exceeding five pounds.

11. Luggage on the top of any stage carriage not to exceed weight specified.

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 such carriages respectively; and if any such luggage shall in either of the cases aforesaid exceed the height by this Ordinance in that behalf limited, the Driver of such carriage, at the time when such offence shall be committed, shall be liable to a penalty not exceeding five pounds.

12. Penalties on Driver or Guard for misconduct.

If the Driver of any stage carriage drawn by three or more horses shall, at any place where such carriage shall stop, quit the box of such carriage, or the horses drawing the same, without delivering the reins into the hands of some fit and proper person, or before some fit and proper person shall be placed and stand at the heads of the horses and shall have the command thereof, or if any person so

placed and standing at the heads of the horses shall leave such horses before some other proper person shall be placed and stand in like manner and have the command of such horses, or before the Driver of such stage carriage shall have returned and seated himself upon the box and taken the reins, or if the Driver of any stage carriage shall permit any Passenger or any person other than himself to drive the horses drawing such carriage, or of the Driver of any stage carriage shall quit the box of such carriage without reasonable occasion, or for a longer time than such occasion shall absolutely require; an if the Driver or Conductor or Guard of any stage carriage shall neglect to take due care of any luggage whatsoever carried or to be carried by such carriage, or if any such Driver or Conductor or Guard shall demand or receive for the fare of any Passenger more than the sum which such Passenger shall be liable to pay, or more than the money properly chargeable for the carriage of any luggage, or if any such Driver or Conductor or Guard shall, when thereto required, neglect or refuse faithfully to account to his Employer for all moneys received by him in respect of any Passenger or any luggage which shall be carried by such carriage, or if any such Driver or Conductor or Guard shall assault or use abusive or insulting language

to any person travelling, or about to travel, or having travelled as a Passenger with or by such carriage, or to any person accompanying or attending upon such Passenger in coming to or going from any such carriage, every such Offender in any of the several cases aforesaid shall be liabl to a penalty not exceeding five pounds, or imprisonment for a period not exceeding fourteen days.

13. Penalty on Driver or Guard endangering Passengers or property through negligence.

If the Driver, Conductor or Guard of any stage carriage, or any other person having the care thereof, or employed in or upon or about such carriage, shall through intoxication or negligence, by wanton or furious driving, or by or through any other misconduct endanger the safety of any Passenger or other person, or shall injure and endanger the property of the Owner or Proprietor of such stage carriage, or of any other person, or shall permit any person or persons in a state of intoxication to travel by such carriage to the annoyance of any Passenger or Passengers therein or thereon, every such person so offending shall be liable to a penalty not exceeding five pounds, or imprisonment for a period not exceeding fourteen days.

14. Penalty for ill-treatment of horses.

Every Driver, Conductor, or other person who shall use any horse for the drawing of stage carriages licensed under this Ordinance when such horse shall, from sores or other injuries, be unfit for work, or shall in any way subject any horse to unnecessary pain or suffering, shall, for every such offence, be liable to a penalty not exceeding Five Pounds, or, in default, to be imprisoned, with hard labour, for any term not exceeding fourteen days.

15. Summons left with Book-keeper to be good service.

Any summons issued by any Justice of the Peace, commanding any Driver, Conductor, Guard, Owner or Proprietor of any stage carriage to appear before him for any offence committed against the provisions of this Ordinance, shall be deemed to be well and sufficiently served in case either the original or a copy of such summons be left with the known or acting Book-keeper for such carriage in any town or place into or through which such carriage shall be driven.

16. Fines recoverable in a summary way.

All fines and penalties under this Ordinance shall be recoverable in a summary way.

17. Interpretation.

Every coach or other carriage or vehicle used, employed, or let out for the purpose of conveying Passengers for hire within the Province of Canterbury, and which, when travelling along any highway or other road shall travel at a rate of four miles or more in the hour, shall be deemed and taken to be a stage coach within the meaning of this Ordinance: Provided that each Passenger to be carried 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.

18. Title.

This Ordinance shall be entituled, and may be cited as " The Stage Carriages

Ordinance, 1863."

Schedule.

Whereas A.B. (or A.B. and C.D. naming the Proprietor or Proprietors) or a certain stage carriage being (here insert in general terms the description of carriage and the number of wheels) having applied to me, E.F., Chief Officer of Police 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 I the said Chief Officer, having had this day exhibited to me 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 authorize and luicense the said A.B. (or A.B. and C.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 Passeners on the outside thereof, subject to the several regulations and provisions of "The Stage Carriages Ordinance,

1863." This license to cease and determine on the thirtieth day of June, 18 . Given under my hand this day of 18 .

Notes.

Passed by the Provincial Council 8th September 1863, assented by Superintendent on behalf of the Governor on 16th September 1863. Sam Bealey, Charles Bowen, Henry Bacon Quin.