warrant or process be directed to levy or raise by the sale of such goods or chattels, together with all reasonable costs and expences incurred, no sale of such goods or chattels shall be made.

41. And be it enacted, That for the purpose of serving summonses Service of and other notices required by this or the recited Act of his late summonses Majesty the usual place of abode of any driver, conductor,

and other

or of any person who, having been licensed as a driver, conductor, notices.
has neglected to return his metal ticket at the expiration of
his licence, shall be deemed to be the place specified in the licence;
and that it shall be lawful for any justice of the peace in all cases,
upon complaint being made in respect of any matter within the
meaning of this or of the recited Act of his late Majesty, or of
the orders and regulations made in pursuance thereof, to issue his
summons to require the attendance of the person complained of
before the said justice, or any other justice, at a time and place to
be appointed for that purpose, or to issue a warrant for the appre-
hension of such person, either in the first instance, or after the
issuing and service of such summons and the non-appearance of
the party summoned; and every summons or other notice required
by this Act shall be deemed to be duly served, provided the same,
or a copy thereof, shall be either personally served or left at the
usual place of abode of the party to whom it shall be directed, or
if he shall be a party licensed under this or the recited Act of his
late Majesty, then at the place of abode specified in his licence.

attend or to

42. And be it enacted, That every person summoned as a witness Penalty on to give evidence touching any matter to be heard under this Act or witnesses the recited Act of his late Majesty, who shall neglect or refuse to refusing to appear at the time and place for that purpose appointed by any justice of the peace, without a reasonable excuse to be allowed by such justice, or who shall appear but refuse to be examined or give evidence, shall forfeit the sum of five pounds.

give evidence.

the forms in the schedule.

43. And be it enacted, That every summons or warrant of Certain prodistress which shall be had or taken against the proprietor of a ceedings to hackney carriage or metropolitan stage carriage, for the default be drawn up of the driver or conductor thereof, for the recovery of any penalty, according to compensation, or costs under the provisions of this Act, or such rules, orders, and regulations as aforesaid, may be drawn or made out according to the several forms contained in the schedule hereunto annexed, or to the effect thereof, with such changes as the case may require; and that every order, conviction, warrant, or other proceeding which shall be drawn, had, or issued under the provisions of this Act or of the recited Act of the reign of his late Majesty, or of such rules, orders, and regulations as aforesaid, shall be good and effectual without stating the facts in evidence, or more than the matter or offence in respect whereof such order, conviction, or other proceeding as aforesaid shall have been had, made, or issued.

44. And be it enacted, That in every case where there shall Providing for be more than one proprietor of any hackney carriage or metro- cases where politan stage carriage, it shall be sufficient, in any information, there are summons, order, conviction, warrant, or any other proceeding under more prothe provisions of this Act or of the said recited Act of the reign prietors than of his late Majesty, to name one of such proprietors without reference

to

any other or others of them, and to describe and proceed against him as if he were sole proprietor.

B.

one.

Power to mitigate penalties.

Appropriation of penalties.

Limitation of actions.

45. And be it enacted, That it shall be lawful for any justice of the peace by whom any person shall be convicted of any offence under this Act, or under the recited Act of his late Majesty, to lessen the penalty or term of imprisonment in such manner as he may think fit.

46. And be it enacted, That all penalties or sums of money ordered and adjudged within the Metropolitan Police District to be paid under this Act or the recited Act of his late Majesty, and not otherwise appropriated, shall be payable to her Majesty, and that all penalties or sums of money ordered and adjudged within the city of London or the liberties thereof to be paid under this Act or the recited Act of his late Majesty, and not otherwise appropriated, shall be payable to the Chamberlain of the City of London, in aid of the expences of the police of the said city.

47. And be it enacted, [see now the Public Authorities Protection Act, 1893.]

Power to
prevent ob-
structions in
the streets

during public
processions,
&c.

Power to regulate the route of persons driving stage carriages, &c.

during divine

service.

TOWNS POLICE CLAUSES ACT, 1847.

(10 & 11 VICT. c. 89.)

An Act for consolidating in one Act certain Provisions usually contained in Acts for regulating the Police of Towns.

[22nd July, 1847.]

And with respect to obstructions and nuisances in the streets, be it enacted as follows:

21. The Commissioners may from time to time make orders for the route to be observed by all carts, carriages, horses, and persons, and for preventing obstruction of the streets within the limits of the special Act, in all times of public processions, rejoicings, or illuminations, and in any case when the streets are thronged or liable to be obstructed, and may also give directions to the constables for keeping order and preventing any obstruction of the streets in the neighbourhood of theatres and other places of public resort, and every wilful breach of any such order shall be deemed a separate offence against this Act, and every person committing any such offence shall be liable to a penalty not exceeding forty shillings.

22. On application to the Commissioners by the minister or churchwardens or chapelwardens of any church, chapel, or other place of public worship within the limits of the special Act, the Commissioners may make orders for regulating the route by which persons shall drive any cart or carriage, or cattle, or the manner in which they shall drive them, in the neighbourhood of such places of worship, during the hours of divine service on Sunday, Christmas Day, Good Friday, or any day appointed for a public fast or thanksgiving, and any orders so made shall be printed and put up on or near the church, chapel, or place of public worship to which the same refer, and in some conspicuous places near and leading thereto, and elsewhere as the Commissioners direct, and every wilful breach

of

any such order shall be deemed a separate offence against this Act, and every person committing any such offence shall be liable

to a penalty not exceeding forty shillings.

23. No proprietor of any stage carriage duly licensed to carry Proprietors passengers for hire shall be liable to any penalty for any deviation of stage from the route or line of route specified in his licence which the carriages devidriver of such stage carriage makes in consequence of any regula- ating from tion or direction made or given by the Commissioners.

route by order free from

Penalty on

28. Every person who in any street, to the obstruction, annoy- penalty. ance, or danger of the residents or passengers, commits any of the following offences, shall be liable to a penalty not exceeding forty shillings for each offence, or, in the discretion of the justice before persons committing any whom he is convicted, may be committed to prison, there to remain of the offences for a period not exceeding fourteen days, and any constable or herein named. other officer appointed by virtue of this or the special Act shall take into custody, without warrant, and forthwith convey before a justice, any person who within his view commits any such offence; (that is to say,) [offences named which do not apply to vehicles, &c., are omitted.

Every person who slaughters or dresses any cattle, or any part
thereof, except in the case of any cattle over-driven which may
have met with any accident, and which for the public safety or
other reasonable cause ought to be killed on the spot:
Every person having the care of any waggon, cart, or carriage
who rides on the shafts thereof, or who without having reins,
and holding the same, rides upon such waggon, cart, or car-
riage, or on any animal drawing the same, or who is at such a
distance from such waggon, cart, or carriage as not to have
due control over every animal drawing the same, or who does
not, in meeting any other carriage, keep his waggon, cart, or
carriage to the left or near side, or who in passing any other
carriage does not keep his waggon, cart, or carriage on the
right or off side of the road (except in cases of actual necessity,
or some sufficient reason for deviation), or who, by obstructing
the street, wilfully prevents any person or carriage from
passing him, or any waggon, cart, or carriage under his care:
Every person who at one time drives more than two carts or
waggons, and every person driving two carts or waggons who
has not the halter of the horse in the last cart or waggon
securely fastened to the back of the first cart or waggon, or
has such halter of a greater length from such fastening to the
horse's head than four feet:

Every person who rides or drives furiously any horse or carriage,
or drives furiously any cattle:

Every person who causes any public carriage, sledge, truck, or barrow, with or without horses, or any beast of burden, to stand longer than is necessary for loading or unloading goods, or for taking up or setting down passengers (except hackney carriages, and horses and other beasts of draught or burthen, standing for hire in any place appointed for that purpose by the Commissioners or other lawful authority), and every person who, by means of any cart, carriage, sledge, truck, or barrow, or any animal, or other means, wilfully interrupts any public crossing, or wilfully causes any obstruction in any public footpath or other public thoroughfare:

Hackney carriages to be licensed.

What to be hackney carriages.

Fee to be paid for licence.

Persons applying for licence to sign a requisition for same.

Every person who causes any tree or timber or iron beam to be
drawn in or upon any carriage, without having sufficient means
of safely guiding the same:

Every person who leads or rides any horse or other animal, or
draws or drives any cart or carriage, sledge, truck, or barrow
upon any footway of any street, or fastens any horse or other
animal so that it stands across or upon any footway:
Every person who rolls or carries any cask, tub, hoop, or wheel,
or any ladder, plank, pole, timber, or log of wood, upon any
footway, except for the purpose of loading or unloading any
cart or carriage, or of crossing the footway :

And with respect to hackney carriages, be it enacted as follows:

37. The Commissioners may from time to time license to ply for hire within the prescribed distance, or if no distance is prescribed, within five miles from the general post office of the city, town, or place to which the special Act refers, (which in that case shall be deemed the prescribed distance,) such number of hackney coaches or carriages of any kind or description adapted to the carriage of persons as they think fit.

38. Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise the term "hackney carriage" shall be sufficient to describe any such carriage: Provided always, that no stage coach used for the purpose of standing or plying for passengers to be carried for hire at separate fares, and duly licensed for that purpose, and having thereon the proper numbered plates required by law to be placed on such stage coaches, shall be deemed to be a hackney carriage within the meaning of this Act.

39. For every such licence there shall be paid to the clerk of the Commissioners, or other person appointed by them to receive the same, such sum as the Commissioners direct, not exceeding five shillings.

40. Before any such licence is granted a requisition for the same, in such form as the Commissioners from time to time provide for that purpose, shall be made and signed by the proprietor or one of the proprietors of the hackney carriage in respect of which such licence is applied for, and in every such requisition shall be truly stated the name and surname and place of abode of the person applying for such licence, and of every proprietor or part proprietor of such carriage, or person concerned, either solely or in partnership with any other person, in the keeping, employing, or letting to hire of such carriage; and any person who, on applying for such licence, states in such requisition the name of any person who is not a proprietor or part proprietor of such carriage, or who is not concerned as aforesaid in the keeping, employing, or letting to hire of such carriage, and also any person who wilfully omits to specify truly in such requisition as aforesaid the name of any person who

is a proprietor or part proprietor of such carriage, or who is concerned as aforesaid in the keeping, employing, or letting to hire of such carriage, shall be liable to a penalty not exceeding ten pounds.

41. In every such licence shall be specified the name and sur- What shall name and place of abode of every person who is a proprietor or be specified in part proprietor of the hackney carriage in respect of which such the licences. licence is granted, or who is concerned, either solely or in partnership with any other person, in the keeping, employing, or letting to hire of any such carriage, and also the number of such licence which shall correspond with the number to be painted or marked on the plates to be fixed on such carriage, together with such other particulars as the Commissioners think fit.

42. Every licence shall be made out by the clerk of the Commis- Licences to be sioners, and duly entered in a book to be provided by him for that registered. purpose, and in such book shall be contained columns or places for entries to be made of every offence committed by any proprietor or driver or person attending such carriage, and any person may at any reasonable time inspect such book without fee or reward.

43. Every licence so to be granted shall be under the common Licence to be seal of the Commissioners, if incorporated, or if not incorporated, in force for shall be signed by two or more of the Commissioners, and shall not one year only. include more than one carriage so licensed, and shall be in force for one year only from the day of the date of such licence, or until the next general licensing meeting, in case any general licensing day be appointed by the Commissioners.

abode.

44. So often as any person named in any such licence as the pro- Notice to be prietor or one of the proprietors, or as being concerned either solely given by or in partnership with any person in the keeping, employing, or proprietors letting to hire of any such carriage, changes his place of abode, he of hackney shall, within seven days next after such change, give notice thereof carriages of in writing, signed by him, to the Commissioners, specifying in such any change of notice his new place of abode; and he shall at the same time produce such licence at the office of the Commissioners, who shall, by their clerk, or some other officer, indorse thereon and sign a memorandum specifying the particulars of such change; and any person named in any such licence as aforesaid as the proprietor, or one of the proprietors, of any hackney carriage, or as being concerned as aforesaid, who changes his place of abode, and neglects or wilfully omits to give notice of such change, or to produce such licence in order that such memorandum as aforesaid may be indorsed thereon within the time and in the manner limited and directed by this or the special Act, shall be liable to a penalty not exceeding forty shillings.

45. If the proprietor or part proprietor of any carriage, or any Penalty for person so concerned as aforesaid, permits the same to be used as a plying for hackney carriage plying for hire within the prescribed distance hire without without having obtained a licence as aforesaid for such carriage, or a licence. during the time that such licence is suspended as hereinafter provided, or if any person be found driving, standing, or plying for hire with any carriage within the prescribed distance, for which such licence as aforesaid has not been previously obtained, or without having the number of such carriage corresponding with the number of the licence openly displayed on such carriage, every