1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

Every hackney carriage which shall be found standing in any street or place, . . . F13 shall, unless actually hired, be deemed to be plying for hire, although such hackney carriage shall not be on any standing or place usually appropriated for the purpose of hackney carriages standing or plying for hire; and the driver of every such hackney carriage which shall not be actually hired shall be obliged and compellable to go with any person desirous of hiring such hackney carriage; and upon the hearing of any complaint against the driver of any such hackney carriage for any such refusal such driver shall be obliged to adduce evidence of having been and of being actually hired at the time of such refusal, and in case such driver shall fail to produce sufficient evidence of having been and of being so hired as aforesaid he shall forfeit [F14level 1 on the standard scale].

Textual Amendments

F13Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

F14Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C1A dagger appended to a marginal note means that it is no longer accurate.

C2S. 35 restricted by London Cab Act 1968 (c. 7), s. 3(2)(3)

C3S. 35 excluded (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 9(3)

C4S. 35 restricted by S.R.&O. 1934/1346, (Rev. XIV, p. 795: 1934 I, p. 1236), art. 31

C5S. 35 extended (E.W.S.) by Airports Act 1986 (c.31, SIF 9), s. 65(5)

C6S. 35 modified by S.I. 1986/1387 art. 4(2)

36 Compensation to be made to drivers improperly summoned for refusing to carry any person.U.K.

Provided always, that if the driver of any hackney carriage shall in civil and explicit terms declare to any person, desirous to hire such hackney carriage that it is actually hired and shall afterwards, notwithstanding such reply, be summoned to answer for his refusal to carry such person in his said hackney carriage, and shall upon the hearing of the complaint produce sufficient evidence to prove that such hackney carriage was at the time actually and bona fide hired, and it shall not appear that he used uncivil language, or that he improperly conducted himself towards the party by whom he shall be so summoned, the justice before whom such complaint shall be heard shall order the person who shall have summoned such driver to make to him such compensation for his loss of time in attending to make his defence to such complaint as such justice shall deem reasonable, . . . F15

Textual Amendments

F15Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16U.K.

Textual Amendments

F16Ss. 37, 43–45, 59, 60 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

38—40.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17U.K.

Textual Amendments

F17Ss. 1, 26, 29, 34, 38–40, 42, 46, 64, 66, 67, 72, 75–78 repealed by Statute Law Revision Act 1874 (c. 35)

41 Persons refusing to pay the driver his fare, or for any damage, may be committed to prison.U.K.

If any person shall refuse or omit to pay the driver of any hackney carriage the sum justly due to him for the hire of such hackney carriage, or if any person shall deface or in any manner injure any such hackney carriage, it shall be lawful for any justice of the peace, upon complaint thereof made to him, to grant a summons, or, if it shall appear to him necessary, a warrant, for bringing before him or any other justice such defaulter or defender, and, upon proof of the facts made upon oath before any such justice, to award reasonable satisfaction to the party so complaining for his fare or for his damages and costs, and also a reasonable compensation for his loss of time in attending to make and establish such complaint; . . . F18.

Textual Amendments

F18Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19U.K.

Textual Amendments

F19Ss. 1, 26, 29, 34, 38–40, 42, 46, 64, 66, 67, 72, 75–78 repealed by Statute Law Revision Act 1874 (c. 35)

43—45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20U.K.

Textual Amendments

F20Ss. 37, 43–45, 59, 60 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21U.K.

Textual Amendments

F21Ss. 1, 26, 29, 34, 38–40, 42, 46, 64, 66, 67, 72, 75–78 repealed by Statute Law Revision Act 1874 (c. 35)

47 Deposit to be made for carriages waiting.U.K.

Where any hackney carriage shall be hired and taken to any place of public resort, or elsewhere, and the driver thereof shall be required there to wait with such hackney carriage, it shall be lawful for such driver to demand and receive from the person so hiring and requiring him to wait as aforesaid a reasonable sum as a deposit, over and above the fare to which such driver shall be entitled for driving thither, which sum so demanded and received shall be accounted for by such driver when such hackney carriage shall be finally discharged;[†Penalty on such driver refusing to wait, or to account for the deposit, 40s.] and if any such driver who shall have received any such deposit as aforesaid shall refuse to wait with such hackney carriage at the place where he shall be so required to wait, or if such driver shall go away, or shall permit such hackney carriage to be driven or taken away, without the consent of the person making such deposit, before the expiration of the time for which the sum so deposited shall be a sufficient compensation . . . F22 or if such driver on the final discharge of such hackney carriage shall refuse duly to account for such deposit, every such driver so offending shall forfeit [F23level one on the standard scale].

Textual Amendments

F22Words repealed by Statute Law Revision Act 1874 (c. 35)

F23Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)–(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24U.K.

Textual Amendments

F24S. 48 repealed by Statute Law Revision Act 1959 (c. 68)

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25U.K.

Textual Amendments

F25Ss. 2, 3, 5–17, 19–25, 30–33, 49, 58, 61, Schs. (A)–(C) repealed by Revenue Act 1869 (c. 14), Sch. (E)

50†Penalty for permitting persons to ride without consent of the hirer, 20s.U.K.

If the proprietor or driver of any hackney carriage which shall be hired shall permit or suffer any person to ride or be carried in, upon, or about such hackney carriage, without the express consent of the person hiring the same, such proprietor or driver shall forfeit [F26level 1 on the standard scale].

Textual Amendments

F26Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)–(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C7A dagger appended to a marginal note means that it is no longer accurate.

C8S. 50 modified by S.I. 1986/1387 art. 4(2)

51†Improperly standing with carriage, or feeding horses in the street; refusing to give way to or obstructing any other driver or depriving him of his fare; penalty 20s.U.K.

If any proprietor or driver of any hackney carriage . . . F27 shall wrongfully, in a forcible or clandestine manner, take away the fare from any other such proprietor or driver who, in the judgment of any justice of the peace before whom any complaint of such offence shall be heard, shall appear to be fairly entitled to such fare; every such proprietor, driver, . . . F28 so offending shall forfeit [F29level 1 on the standard scale].

Textual Amendments

F27Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

F28Words repealed by Statute Law Revision (No. 2) Act 1888 (c. 57) and Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

F29Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)–(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

Modifications etc. (not altering text)

C9A dagger appended to a marginal note means that it is no longer accurate.

52—54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30U.K.

Textual Amendments

F30Ss. 52–54 repealed by Statute Law Revision (No. 2) Act 1888 (c. 57)

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31U.K.

Textual Amendments

F31S. 55 repealed by London Cab Act 1968 (c. 7), s. 3(1)

56†Proprietors, drivers, or watermen misbehaving, penalty, 5l. Licence may be revoked.U.K.

If the proprietor or driver of any hackney carriage, or any other person having the care thereof, shall, by intoxication, or by wanton and furious driving, or by any other wilful misconduct, injure or endanger any person in his life, limbs, or property, or if any such proprietor or driver, . . . F32 shall make use of any abusive or insulting language, or be guilty of other rude behaviour, to or towards any person whatever, or shall assault or obstruct . . . F33 any officer of police, constable, F34... watchman, or patrole, in the execution of his duty, every such proprietor, driver, . . . F32 or other person so offending in any of the several cases aforesaid, shall forfeit [F35level 1 on the standard scale] , . . . F36 F34...F32 F34...F32 F34...

Textual Amendments

F32Words repealed by Statute Law Revision (No. 2) Act 1888 (c. 57)

F33Words repealed by Statute Law (Repeals) Act 1989 (c.43), s. 1(1), Sch. 1 Pt. X

F34Words in s. 56 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

F35Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)–(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F36Words repealed by Summary Jurisdiction Act 1884 (c. 43), Sch. and Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

Modifications etc. (not altering text)

C10A dagger appended to a marginal note means that it is no longer accurate.

57 Justices empowered to award compensation to drivers or watermen for their loss of time in attending to answer complaints which shall not be substantiated against them.U.K.

If any driver of a hackney carriage, . . . F37 shall be summoned or brought before any justice of the peace to answer any complaint or information touching or concerning any offence committed or alleged to have been committed by such driver . . . F37 against the provisions of this Act, and such complaint or information shall afterwards be withdrawn or quashed or dismissed, or if the defendant shall be acquitted of the offence charged against him, it shall be lawful for the said justice, if he shall think fit, to order and award that the complainant or informant shall pay to the said driver . . . F37 such compensation for his loss of time in attending the said justice touching or concerning such complaint or information as to the said justice shall seem reasonable; . . . F38.

Textual Amendments

F37Words repealed by Statute Law Revision (No. 2) Act 1888 (c. 57)

F38Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39U.K.

Textual Amendments

F39Ss. 2, 3, 5–17, 19–25, 30–33, 49, 58, 61, Schs. (A)–(C) repealed by Revenue Act 1869 (c. 14), Sch. (E)

59, 60.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40U.K.

Textual Amendments

F40Ss. 37, 43–45, 59, 60 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41U.K.

Textual Amendments

F41Ss. 2, 3, 5–17, 19–25, 30–33, 49, 58, 61, Schs. (A)–(C) repealed by Revenue Act 1869 (c. 14), Sch. (E)

62, 63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42U.K.

Textual Amendments

F42Ss. 18, 62, 63 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43U.K.

Textual Amendments

F43Ss. 1, 26, 29, 34, 38–40, 42, 46, 64, 66, 67, 72, 75–78 repealed by Statute Law Revision Act 1874 (c. 35)

65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44U.K.

Textual Amendments

F44Ss. 65, 69, Sch. (D) repealed by Summary Jurisdiction Act 1884 (c. 43), Sch.

66, 67.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45U.K.

Textual Amendments

F45Ss. 1, 26, 29, 34, 38–40, 42, 46, 64, 66, 67, 72, 75–78 repealed by Statute Law Revision Act 1874 (c. 35)

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46U.K.

Textual Amendments

F46Ss. 68, 70, 71 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVI

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47U.K.

Textual Amendments

F47Ss. 65, 69, Sch. (D) repealed by Summary Jurisdiction Act 1884 (c. 43), Sch.

70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48U.K.

Textual Amendments

F48Ss. 68, 70, 71 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVI

72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49U.K.

Textual Amendments

F49Ss. 1, 26, 29, 34, 38–40, 42, 46, 64, 66, 67, 72, 75–78 repealed by Statute Law Revision Act 1874 (c. 35)

73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50U.K.

Textual Amendments

F50S. 73 repealed by Public Authorities Protection Act 1893 (c. 61), Sch.

74 Construction of the terms used in this Act.U.K.

Whenever in this Act, with reference to any person, F51... matter, or thing, any word or words is or are used importing the singular number or the masculine gender only, yet such word or words shall be understood to include several persons F51... as well as one person F51..., females as well as males, bodies politic or corporate as well as individuals, and several matters or things as well as one matter or thing unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.

Textual Amendments

F51Words in s. 74 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 14

75—78.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52U.K.

Textual Amendments

F52Ss. 1, 26, 29, 34, 38–40, 42, 46, 64, 66, 67, 72, 75–78 repealed by Statute Law Revision Act 1874 (c. 35)