No. 217. passengers. account to his employer for all moneys received by him in respect 27 VICTORIA, 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 assaulting or use abusive or insulting language to any person travelling or or abusing about to travel or having travelled as a passenger with or by such carriage or to any person accompanying or attending upon any such passenger in coming to or going from any such carriage, every such offender in any of the several cases aforesaid shall forfeit five pounds. driver or guard perty through 24. If the driver or conductor or guard of any stage carriage or Penalty on the any other person having the care thereof or employed in upon or endangering pasabout such carriage shall through intoxication or negligence or by sengers or prowanton or furious driving or by or through any other misconduct negligence. endanger the safety of any passenger or other person or shall injure 2 & 3 will IV. or endanger the property of the owner or proprietor of such stage carriage or of any other person, every such person so offending shall forfeit five pounds. c. 120 s. 47. furious guilty of a c. 100 s. 35. 25. If any person whatever shall be maimed or otherwise injured Persons occasionby reason of the careless or furious driving or of the racing or other in driving wilful misconduct of any coachman or other person driving any stage & declared carriage or any other public carriage carrying passengers for hire, misdemeanor. such careless or furious driving or racing or other wilful misconduct 24 & 25 Vict. of such coachman or other person shall be and the same is hereby declared to be a misdemeanor and shall be punishable as such by fine and imprisonment. (a) But nothing herein contained shall be deemed to affect the right of any person to recover by action at law damages for any injury committed as aforesaid. liable for penal guard is not be found. 26. Whenever it shall happen that the driver or conductor or owners to be guard of any stage carriage shall have committed any offence against ties in cases this Part of this Act for the commission whereof any penalty is by where driver or this Part imposed upon such driver or conductor or guard and not known or cannot upon the proprietor of such carriage, and such driver or conductor or 2 & 3 Will. IV. guard shall not be known or being known cannot be found, then the c. 120 s. 49. proprietor of such carriage shall be liable to every such penalty as if he had been the driver or conductor or guard of such carriage at the time when such offence was committed. Provided always that if any such proprietor shall make out to the satisfaction of the justice before whom any complaint or information shall be heard by sufficient evidence not resting on his own testimony that the offence was committed by such driver or conductor or guard without the privity or knowledge of such proprietor, and that no profit advantage or benefit either directly or indirectly has accrued or can accrue to such proprietor therefrom, and that he has used his endeavor to find out such driver or conductor or guard and given all reasonable information in answer to enquiries respecting him, such justice shall discharge the proprietor from such penalty and shall levy the same upon such driver or conductor or guard when found. (a) The provisions of 6 Will. IV. No. 2 (“An Act for Regulating Stage Carriages," &c.) and 13 Vict. No. 5 ("An Act to Punish Criminally Drivers of Stage Coaches," &c.), re-enacted in VOL. I. G this section, do not apply to a case where a stage carriage has been taken off its regular stage, and hired for a special trip in another direction. Reg. v. Tighe, A.R., 1 April 1859. 27 VICTORIA, No. 217. Appropriation of fines and penalties. Summons. 2 & 3 Will. IV. c. 120 s. 109. Information to be laid against the nearest proprietor. Limitation of General issue. 27. Every offence against this Part of this Act which is not hereby made a misdemeanor may be heard and determined in a summary way by and before any justice; and all fines and penalties awarded and imposed under this Part of this Act shall go and be distributed, the one moiety to the consolidated revenue of Victoria, and the other moiety to the use of the informer or person prosecuting (not being a constable or officer of the police force) who shall also in all cases be entitled to his costs and charges over and above such moiety to be ascertained by the said justice; and if the informer or person prosecuting be a constable or officer of the police force, the said last-mentioned moiety together with the costs and charges so ascertained shall be paid into the police reward fund. 28. Any summons issued by any justice, commanding any driver conductor guard owner or proprietor of any stage carriage or any person or company of proprietors or firm of any company to whom such carriage shall belong to appear before him at such time or place as to such justice shall seem meet for any offence committed against this Part of this Act, 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. 29. All summonses informations and convictions which shall be issued laid or prosecuted against any owner or proprietor of any stage carriage as above described under and by virtue of this Part of this Act for the recovery of any fine or penalty hereby imposed shall, in all cases in which there shall be more than one such owner or proprietor and when such owners or proprietors shall reside in different places, be so issued laid or prosecuted against such one or more of the said owners or proprietors as shall reside in the place or nearest to the place from which such summons shall be issued. 30. All prosecutions for offences against this Part of this Act shall be commenced within fourteen days after the offence shall have been committed; and there shall be but one recovery for the same offence. Except where the owners of stage carriages are required to paint their names and the number of passengers which they may be licensed to carry and to preserve the same in a clear and legible state; in which case such prosecution shall be commenced at any time; and any neglect in remedying the same for the space of one month shall be considered a new offence. 31. If any action or suit shall be commenced against any person for anything done in pursuance of this Part of this Act, the same shall be commenced within three months after the act committed and not afterwards; and the defendant in such action shall and may plead the general issue and give this Act and the special matter in evidence and that the same was done in pursuance and by the authority of this Part of this Act; and if it shall appear so to be done or that such action or suit shall be commenced after the time before limited for bringing the same, then the jury shall find for the defendant. SECOND SCHEDULE. 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. justices of the peace assembled in petty sessions for the district of to grant to him [or them as the case may be] a license to authorise him [or them] to keep use and employ the said stage carriage between and [naming the extreme places] and whereas we 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 authority in us vested by "The Licensed Carriages Statute 1864" authorise and license 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 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 thirtieth day of September One thousand eight hundred and Section 8. Preamble. No liability for £10 value unless An Act to amend the Law relating to Innkeepers WHEREAS it is expedient to diminish the responsibility of innkeepers mail contractors stage-coach proprietors and common carriers in respect of the safe custody or carriage of parcels and packages containing articles of great value in small compass : And whereas it is also expedient to protect the public against the frauds of carriers and others: Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. No innkeeper mail contractor stage-coach proprietor or comloss of goods over mon carrier by land for hire shall be liable for the loss of or injury booked and paid to any article or articles or property of the descriptions following for accordingly. (that is to say), gold or silver coin of this realm or of any part of Will. IV.c.68 s. 1. Her Majesty's dominions or of any foreign state or any gold or silver 11 Geo. IV. & 1 No. 78. in a manufactured or unmanufactured state or any precious stones 22 VICTORIA, jewellery watches clocks or time-pieces of any description trinkets bills notes of any bank in Her Majesty's dominions or of any foreign bank order notes or securities for payment of money whether foreign or otherwise stamps maps writings title-deeds paintings engravings pictures gold or silver plate or plated articles glass china silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials furs or lace or any of them, contained in any parcel or package which shall have been brought into any common inn or delivered either to be carried for hire or to accompany the person of any passenger in any mail or stage coach or other public conveyance, when the value of such article or articles or property aforesaid contained in such parcel or package shall exceed the sum of ten pounds, unless at the time of the bringing thereof into such inn or of the delivery thereof at the office warehouse or receiving house of such mail contractor stage-coach proprietor or common carrier or to his her or their book-keeper coachman or other servant for the purpose of being carried or of accompanying the person of any passenger as aforesaid the value and nature of such article or articles or property shall have been declared by the person bringing sending or delivering the same as the case may be, and such increased charge as hereinafter mentioned or an engagement to pay the same be accepted in the case of an innkeeper by such innkeeper or by his servant in that behalf or in case of a mail contractor stage-coach proprietor or other common carrier by the person receiving such parcel or package. and notice thereof Will. IV.c.68 s. 2. 2. When any parcel or package containing any of the articles Increased rate above specified shall be so brought or delivered and its value and may be charged contents declared as aforesaid and such value shall exceed the sum given. of ten pounds, it shall be lawful for such innkeeper mail contractor W Geo. IV. & 1 stage-coach proprietor and common carriers to demand and receive an increased rate of charge, to be notified by some notice affixed in legible characters in some public and conspicuous part of the inn of such innkeeper or of the office warehouse or other receiving-house where such parcels or packages are received by such mail contractor stage-coach proprietor or common carrier for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of charge as a compensation for the greater risk and care to be taken for the safe custody or conveyance as the case may be of such valuable articles; and all persons bringing to such inn or sending to or delivering at such office warehouse or other receiving-house parcels or packages containing such valuable articles as aforesaid shall be bound by such notice without further proof of the same having come to their knowledge. default thereof this Act not to 3. When the value shall have been so declared and the increased Carriers to give rate of charge paid or an engagement to pay the same shall have receipts and in been accepted as herein before mentioned, the person receiving such or of such notice increased rate of charge or accepting such agreement shall if thereto protect. required sign a receipt for the package or parcel acknowledging the Ib. s. 3. same to have been insured; and if such receipt shall not be given when required or such notice as aforesaid shall not have been affixed, the innkeeper mail contractor stage-coach proprietor or common carrier as aforesaid shall not have or be entitled to any benefit or advantage |