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London Hackney Carriage (No. 2) Act 1853

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London Hackney Carriage (No. 2) Act 1853

1853 CHAPTER 127

An Act to reduce the Duties payable in respect of Hackney Carriages used in the Metropolis, and to amend the Laws relating to the granting of Licences and Payment of Duties in respect of Metropolitan Stage and Hackney Carriages, and to make Provision as to the Charge for the Hire of Hackney Carriages in certain Cases.

[20th August 1853]

WHEREAS it is expedient to reduce the Duties now payable in respect of Hackney Carriages used in the Metropolis:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :

IRepeal of Duties in respect of Hackney Carriages in the Metropolis.

From and after the respective Times herein-after appointed in that Behalf the Duties granted and now payable under the Act passed in the Session of Parliament holden in the First and Second Years of the Reign of His late Majesty King William the Fourth, Chapter Twenty-two; (that is to say,) for and upon every Licence to keep, use, employ, and let to hire any Hackney Carriage within the Distance of Five Miles from the General Post Office in the City of London the Duty of Five Pounds, and for and in respect of every such Licence as aforesaid weekly and every Week during the Continuance thereof the Sum of Ten Shillings, shall respectively cease and determine, and shall be and the same are hereby repealed ; save and except as to any of the said Duties which shall have been charged or incurred on or before the said respective Times, and any Arrear thereof, and as to all Fines and Penalties incurred or which may be incurred in respect of the said Duties or Arrears or in relation thereto ; all which said Duties and Arrears, Fines and Penalties, so excepted as aforesaid, shall respectively be sued for and recovered, levied, paid, and applied in the same Manner as if this Act had not been passed.

IIGrant of new Duties on Hackney Carriages in lieu of Duties repealed.

In lieu of the said Duties hereby repealed there shall be granted, raised, levied, collected, and paid, from and after the respective Times herein-after appointed in that Behalf, unto and for the Use of Her Majesty, Her Heirs and Successors, for and in respect of every Hackney Carriage which shall be kept, used, or let to hire within the Limits of this Act as herein-after defined the several Duties following; (that is to say,)

£s.d.
For and upon every Licence to be taken out yearly to keep, use, and let to hire any such Hackney Carriage100
And for and in respect of every such Hackney Carriage as aforesaid, weekly and every Week, where the Licence for such Carriage shall authorize the using and letting to hire of the same on every Day of the Week, the Sum ofWeekly Duty.
070
And where such Licence shall authorize the using and letting to hire of such Carriage on every Day of the Week except Sunday, the Sum of -060

IIICommencement of Repeal and Grant of Duties.

The Repeal of the said several existing Duties, and the Grant in lieu thereof of the said several new Duties by this Act, shall respectively commence and take effect from and after the respective Times following; (that is to say,) as to the said several weekly Duties payable in respect of every such Hackney Carriage as aforesaid from and after the Tenth Day of July One thousand eight hundred and fifty-three, and as to the said Duty for and upon every such Licence as aforesaid from and after the passing of this Act.

IVDuties granted to be Duties of Excise under the Care of the Commissioners of Inland Revenue.

The said Duties by this Act granted shall be denominated and deemed to be Duties of Excise, and shall be under the Care and Management of the Commissioners of Inland Revenue for the Time being; and all Powers, Provisions, Clauses, Regulations, and Directions, Fines, Forfeitures, and Penalties contained in or enacted by any Act or Acts in force for levying, collecting, and securing the said Duties hereby repealed or any other Duties of Excise, or otherwise in relation thereto in all Cases not herein expressly provided for, and so far as the same are not superseded or expressly repealed by and are consistent with the express Provisions of this Act, shall be duly observed, applied, practised, and put in execution for the granting of Licences under this Act, and for charging, raising, levying, collecting, and securing the said Duties hereby granted, and otherwise relating thereto, as fully and effectually to all Intents and Purposes as if the same Powers, Provisions, Clauses, Regulations, Directions, Fines, Forfeitures, and Penalties were particularly repeated and re-enacted in the Body of this Act with reference to the said Duties hereby granted.

VLicences granted under 1 & 2 W.4 c.22 to cease, and Hackney Carriages to be licensed under this Act.

From and after the Tenth Day of October One thousand eight hundred and fifty-three every Licence granted and in force under the said Act of the First and Second Years of King William the Fourth, Chapter Twenty-two, or any subsequent Act or Acts amending or altering the same, to keep, use, employ, and let to hire any Hackney Carriage at any Place within the Distance of Five Miles from the General Post Office in the City of London, shall cease and determine; and no Hackney Carriage shall be kept, used, employed, or let to hire at any Place within the said Distance or within the Limits of this Act without a Licence authorizing the same granted under this Act.

VIPersons possessed of Licences in force to keep Hackney Carriages to have new Licences granted to them in exchange.

Provided always, That every Person who shall be possessed of any Licence or Licences granted to him to keep, use, or let to hire any Hackney Carriage within the Distance of Five Miles from the Genera Post Office in the City of London, and in force at the Time of the passing of this Act, shall be entitled, upon Production of the proper Certificate or Certificates required by Law in that Behalf, to have the same or any less Number of new Licences granted to him under this Act without Payment of the Duty by this Act imposed on every such Licence, provided he shall produce and deliver up to the proper Officers of Excise authorized to grant Licences under this Act the said Licence or Licences of which he shall be so possessed, together with the numbered Plate or Plates appertaining thereto, and shall apply for such new Licence or Licences within the Period of One Calendar Month next after the Tenth Day of October One thousand eight hundred and fifty-three, and such Person shall also be entitled, upon Production of such Certificate or Certificates as aforesaid, to have such Licence or Licences renewed under this Act without Payment of the said Duty imposed thereon until the First Monday in the Month of January One thousand eight hundred and fifty-seven.

VIICommencement and Termination of Licences.

Every Licence which shall be granted under this Act to keep, use, and let to hire any Hackney Carriage shall have effect and continue in force from the Day of the Date thereof until the Day herein-after appointed for the Expiration thereof; and every such Licence which shall be granted before the Second Day of January One thousand eight hundred and fifty-four, shall expire on the First Day of January One thousand eight hundred and fifty-four; and every such Licence which shall be granted upon or at any Time after the said Second Day of January One thousand eight hundred and fifty-four shall expire on the First Sunday in the Month of January in the Year next following that in which such Licence shall be granted; and every such Licence shall be renewed from Year to Year on Payment of the Duty by this Act chargeable thereon.

VIIIA proportionate Part only of the yearly Duty to be charged on Licences taken out before 2d Jan. 1854.

Provided always, That for and upon every such Licence as aforesaid which shall be taken out after the passing of this Act, and before the Second Day of January One thousand eight hundred and fifty-four, there shall be charged and paid in respect of the Portion of a Year for which the same will be granted One Fourth Part only of the annual Duty by this Act charged on a yearly Licence.

IXRenewal of Licences.

Every Person who shall be desirous of renewing any such Licence shall give Notice in Writing Twenty-one Days at least before the Expiration of the current Licence to him granted of his Intention to renew the same to the proper Collector, Supervisor, or other Officer authorized to grant such Licences; and where such Notice shall have been given the new Licence shall bear Date on the Day next after the Day of the Expiration of the former Licence, but if such Notice shall not have been given the Licence shall bear Date on the Day of the Application for the same.

XNumbered Plate to be delivered up on Expiration of Licences, or in default Duty to continue payable.

Provided always, That whenever any Licence granted under this Act shall cease or expire or be discontinued, the Person to whom such Licence shall have been granted shall, within Three Days next after the Expiration or Discontinuance thereof, deliver up to the Commissioners of Inland Revenue, or to the proper Officers or One of them, by whom such Licence was granted, the numbered Plate mentioned in such Licence, or in default thereof such Person shall continue to be subject and liable to the Payment of the weekly Duty chargeable under this Act in respect of the Hackney Carriage mentioned in such Licence ; and such Person shall be charged with the said Duty accordingly to the Time of delivering up the said Plate; and such Duty shall be recoverable by the same Ways and Means as if such Licence had continued in force.

XINumbered Plates on Hackney Carriages not licensed to be used on Sundays to be distinguished from those on Carriages licensed to be used on every Day of the Week.

The numbered Plates to be provided by the Commissioners of Inland Revenue, and to be fixed on Hackney Carriages not authorized by Licence to be used or let to hire on Sundays, shall be distinguished in such Manner as the said Commissioners may think proper from the numbered Plates to be fixed on Hackney Carriages authorized by Licence to be used and let to hire on every Day of the Week; and if any Hackney Carriage which shall be authorized by Licence to be used or let to hire on every Day of the Week except Sunday shall be used or let to hire on any Sunday, or if any Hackney Carriage shall be used or let to hire on Sunday having fixed or placed thereon any such numbered Plate as aforesaid provided for any Hackney Carriage not authorized to be used or let to hire on Sunday, every such Hackney Carriage shall be deemed to be used and let to hire without a Licence in that Behalf; and the Owner of such Hackney Carriage, if there shall be no such Plate as aforesaid fixed or placed thereon, or the Person to whom such Plate (if any be fixed or placed thereon) shall have been delivered, with any Licence relating thereto, shall be deemed to be the Person using and letting to hire such Hackney Carriage without having a Licence in force so to do, and shall incur and be liable to the Penalty imposed by Law in that Behalf.

XIIWhere Licences for Hackney Carriages and Metro-politan Stage Carriages are to be granted and the Duties paid.

And whereas, under and by virtue of the [1 & 1 W. 4. c. 22.] [2 & 3 W. 4 c. 120.] Laws in force, Licences for or in respect of Hackney Carriages and for or in respect of certain Stage Carriages are required to be granted at the Chief Office of Inland Revenue, and the Duties payable in respect of such Hackney Carriages and Stage Carriages respectively are required to be paid at the said Chief Office, and it is expedient to make other Provision in that Behalf:

It shall be lawful for the Commissioners of Inland Revenue, and they are hereby authorized and empowered, from Time to Time to order and direct that all or any of such Licences as aforesaid shall be granted, and that the Duties payable in respect of all or any of such Hackney Carriages and Stage Carriages as aforesaid respectively shall be paid, at such Place or Places within the Limits of this Act as the said Commissioners shall deem to be most proper and convenient for the Purpose, anything in any former Act or Acts contained to the contrary notwithstanding.

XIII1s. a Mile to be paid for every Mile beyond the Circumference of a Circle Four Miles from Charing Cross if Carriage be discharged beyond such Circumference.

It shall be lawful for the Driver of any Hackney Carriage within the Limits of this Act to charge One Shilling per Mile for every Mile (or Part of a Mile) which he shall be required to drive beyond the Circumference of a Circle the Radius of which shall be Four Miles from Charing Cross, provided such Carriage shall be discharged beyond such Circumference, anything contained in the Thirty-third Chapter of an Act of the Sixteenth and Seventeenth Year of the Reign of Her present Majesty, or in the Schedule thereto, notwithstanding.

XIVWhere more than Two Persons are conveyed in a Hackney Carriage drawn by One Horse, 6d. in addition to the Fare to be paid for each Person above Two for the whole Hiring.

Whenever more than Two Persons shall be conveyed by any Hackney Carriage drawn by One Horse only, a Sum of Sixpence for each Person above the Number of Two shall be paid for the whole Hiring in addition to the Fare now directed to be paid for Two Persons under the said Act of the Sixteenth and Seventeenth Year of the Reign of Her present Majesty, Chapter Thirty-three ; and Two Children under Ten Years old shall be considered as One Adult Person for the Purposes of this Clause.

XVWhen Carriage hired by Time, 6d. to be paid for every Fifteen Minutes, or Portion thereof, over the Hour.

When any Hackney Carriage within the Limits of this Act hired for a Fare to be paid according to Time shall be hired or used by the Hirer thereof for any longer Time than One Hour, Sixpence shall be paid for every Fifteen Minutes, or any Portion of Fifteen Minutes not completed, above One Hour.

XVIProprietors of Hackney Carriages with drawing Carriages from Hire beyond a certain Time liable to a Penalty.

The Proprietor of every Hackney Carriage or Metropolitan Stage Carriage licensed to ply for Hire within the Limits of this Act who shall withdraw his Carriage from Hire for Two consecutive Days, or for any Two Days in One Week, without just Cause, of which the Magistrate before whom the Complaint is heard shall be the Judge, shall be liable to a Penalty of a Sum not exceeding Twenty Shillings in respect of every Carriage for each Day he shall so withdraw the same, and the Licence of such Proprietor shall be suspended or recalled and taken away at the Discretion of the said Commissioners of Police: Provided always, that it shall be lawful for such Proprietor, upon giving Ten Days Notice to the Commissioners of Police, to withdraw his Carriage from Hire.

XVII" The Limits of this Act " defined.

The Limits of this Act shall be deemed to be and to include every Part of the Metropolitan Police District and the City of London; and all Provisions of any former Act in force referring to Hackney Carriages licensed under the said Act of the First and Second Years of His late Majesty, or to Hackney Carriages kept, used, employed, or let to hire within the Distance of Five Miles from the General Post Office in the City of London, or to any Act, Matter, or Thing committed or done in relation to such Hackney Carriages within the said Distance, shall from and after the passing of this Act be deemed to refer and apply to Hackney Carriages licensed under this Act, or to Hackney Carriages kept, used, employed, or let to hire within the Limits of this Act, and to any Act, Matter, or Thing committed or done in relation to Hackney Carriages within the said Limits.

XVIIINone but Officers of Inland Revenue or of the Metropolitan Police to prosecute before Justices for Penalties.

From and after the passing of this Act it shall not be lawful for any Person other than the Solicitor or some other Officer of Inland Revenue, or some Officer of the Metropolitan Police, to inform or prosecute before any Justice of the Peace for the Recovery of any Penalty imposed by or incurred under any Act or Acts now in force, or this Act, for or on account of the keeping, using, or letting to hire by any Person of any Hackney Carriage at any Place within the Limits of this Act without having a Licence in force so to do, or without having the proper numbered Plate properly placed and fixed upon such Hackney Carriage in the Manner required by Law.

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