No person to

act as driver of any carriage without the

consent of the proprietor.

Penalty on

drivers misbehaving.

Penalty for

leaving carriages unattended at

such hire, without the express consent of the person hiring the same, shall be liable to a penalty not exceeding twenty shillings.

LX. No person authorized by the proprietor of any hackney carriage to act as driver of such carriage shall suffer any other person to act as driver of such carriage without the consent of the proprietor thereof:

And no person, whether licensed or not, shall act as driver of any such carriage without the consent of the proprietor: And any person so suffering another person to act as driver, and any person so acting as driver without such consent as aforesaid, shall be liable to a penalty not exceeding forty shillings for every such offence.

LXI. If the driver or any other person having or pretending to have the care of any such hackney carriage be intoxicated while driving, or if any such driver or other person by wanton and furious driving, or by any other wilful misconduct, injure or endanger any person in his life, limbs, or property, he shall be liable to a penalty not exceeding five pounds, and in default of payment thereof the justice before whom he is convicted of such offence may commit him to prison, there to remain for any time not exceeding two

months.

LXII. If the driver of any such hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to places of public take care of it, any constable may drive away such hackney carriage, and deposit it, and the horse or horses harnessed thereto, at some neighbouring livery stable or other place of safe custody:

resort.

Damage done by driver may be recovered from the proprietor.

And such driver shall be liable to a penalty not exceeding twenty shillings for such offence:

And in default of payment of the said penalty upon conviction, and of the expenses of taking and keeping the said hackney carriage and horse or horses, the same, together with the harness belonging thereto, or any of them, shall be sold by order of the justice before whom such conviction is made :

And after deducting from the produce of such sale the amount of the said penalty, and of all costs and expenses, as well of the proceedings before such justice as of the taking, keeping, and sale of the said hackney carriage, and of the said horse or horses and harness, the surplus (if any) of the said produce shall be paid to the proprietor of such hackney carriage.

LXIII. In every case in which any hurt or damage has been caused to any person or property as aforesaid by the driver of any carriage let to hire, the justice before whom such driver has been convicted may direct that the proprietor of such carriage shall pay such a sum not exceeding five pounds as appears to the justice a reasonable compensation for such hurt or damage:

And every proprietor who pays any such compensation as aforesaid may recover the same from the driver, and such compensation shall be recoverable from such proprietor, and by him from such driver, as damages.

standing with

to or obstruct

priving him of

LXIV. Any driver of any hackney carriage who suffers the Improperly same to stand for hire across any street or alongside of any carriage; refusother hackney carriage, or who refuses to give way, if he con- ing to give way veniently can, to any other carriage, or who obstructs or ing any other hinders the driver of any other carriage in taking up or set- driver, or deting down any person into or from such other carriage, or his fare. who wrongfully in a forcible manner prevents or endeavours to prevent the driver of any other hackney carriage from being hired, shall be liable to a penalty not exceeding twenty shillings.

award compen

for loss of time

plaints not

LXV. If the driver of any such hackney carriage be sum- Justices emmoned or brought before any justice to answer any complaint powered to or information touching or concerning any offence alleged to sation to drivers have been committed by such driver against the provisions of in attending to this or the special Act, or any bye-law made thereunder, and answer comsuch complaint or information be afterwards withdrawn or substantiated. squashed or dismissed, or if such driver be acquitted of the offence charged against him, the said justice, if he think fit, may order the complainant or informant to pay to the said driver such compensation for his loss of time in attending the said justice touching or concerning such complaint or information as to the said justice seems reasonable :

And in default of payment of such compensation the said justice may commit such complainant or informant to prison for any time not exceeding one month, unless the same shall be sooner paid.

LXVI. If any person refuse to pay, on demand, to any proprietor or driver of any hackney carriage the fare allowed by this or the special Act, or any bye-law made thereunder, such fare may, together with costs, be recovered before one justice as a penalty.

Penalty for using

refusing to pay

damaging

LXVII. Any person using any hackney carriage plying Penalty for under a licence granted by virtue of this or the special Act, carriage. who wilfully injures the same, shall for every such offence be liable to a penalty not exceeding five pounds, and shall also pay to the proprietor of such hackney carriage reasonable satisfaction for the damage sustained by the same:

And such satisfaction shall be ascertained by the justices before whom the conviction takes place, and shall be recovered by the same means as the penalty.

LXVIII. The commissioners may from time to time (sub- Commissioners ject to the restrictions of this and the special Act) make may make bye-laws for all or any of the purposes following (that is to regulating

say)

For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescribed distance in their several employments, and determining

bye-laws for

hackney carriages.

Bathingmachines.

Bye-laws.

whether such drivers shall wear any and what badges, and for regulating the hours within which they may exercise their calling:

For regulating the manner in which the number of each carriage, corresponding with the number of its licence, shall be displayed:

For regulating the number of persons to be carried by such hackney carriages, and in what manner such number is to be shown on such carriage, and what number of horses or other animals is to draw the same, and the placing of check-strings to the carriages, and the holding of the same by the driver, and how such hackney carriages are to be furnished or provided:

For fixing the stands of such hackney carriages and the distance to which they may be compelled to take passengers, not exceeding the prescribed distance:

For fixing the rates or fares, as well for time as distance, to be paid for such hackney carriages within the prescribed distance, and for securing the due publication of such fares:

For securing the safe custody and redelivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof.

Bathing.

And with respect to public bathing (1), be it enacted as follows:

LXIX. Where any part of the sea-shore or strand of any river used as a public bathing-place is within the limits of the special Act, the commissioners may make bye-laws for the following purposes (that is to say):

For fixing the stands of bathing-machines on the sea-shore or strand, and the limits within which persons of each sex shall be set down for bathing, and within which persons shall bathe :

For preventing any indecent exposure of the person by the bathers:

For regulating the manner in which the bathing-machines shall be used, and the charges to be made for the same: For regulating the distance at which boats and vessels let to hire for the purpose of sailing or rowing for pleasure shall be kept from persons bathing within the prescribed limits.

Bye-laws.

LXXI. And with respect to bye-laws (1), be it enacted that all the clauses of the Towns Improvement Clauses Act, 1847, with respect to bye-laws to be made by virtue of that Act or the special Act shall be incorporated with this and the special Act.

(1) See s. 171, ante, p. 153.

10 VICT. c. 17.

An Act for consolidating in one Act certain Provisions usually contained in Acts authorising the making of Waterworks for supplying towns with water.

[23rd April, 1847.]

And with respect to the breaking up of streets for the Laying of purpose of laying pipes (1), be it enacted as follows:

Pipes.

under super

to open drains.

XXVIII. The undertakers, under such superintendence as Power to break is hereinafter specified, may open and break up the soil and up streets, &c., pavement of the several streets and bridges within the limits intendence, and of the Special Act, and may open and break up any sewers, drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits pipes, conduits, service pipes, and other works and engines, and from time to time repair, alter, or remove the same, and for the purposes aforesaid remove and use all earth and materials in and under such streets and bridges, and do all other acts which the undertakers shall from time to time deem necessary for supplying water to the inhabitants of the district included within the said limits, doing as little damage as can be in the execution of the powers hereby or by the Special Act granted, and making compensation for any damage which may be done in the execution of such powers.

out consent.

XXIX. Provided always, That nothing herein contained Not to enter on shall authorize or empower the undertakers to lay down or private land withplace any pipe, conduit, service pipe, or other work in any land not dedicated to public use without the consent of the owners and occupiers thereof, except that the undertakers at any time may enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe hath been already lawfully laid down or placed in pursuance of this or the Special Act, or any other Act of Parliament, and may repair or alter any pipe so laid down.

having control,

opening drains.

XXX. Before the undertakers open or break up any Notice to be street, bridge, sewer, drain, or tunnel, they shall give to the served on persons persons under whose control or management the same may be, &c., before breakor to their clerk, surveyor, or other officer, notice in writing ing up streets or of their intention to open or break up the same, not less than three clear days before beginning such work, except in cases of emergency arising from defects in any of the pipes or other works, and then so soon as is possible after the beginning of the work or the necessity for the same shall have arisen.

not to be broken

superintendence

XXXI. No such street, bridge, sewer, drain, or tunnel Streets or drains shall, except in the cases of emergency aforesaid, be opened or up except under broken up, except under the superintendence of the persons supersons having having the control or management thereof, or of their officer, control of the and according to such plan as shall be approved of by such same. persons or their officer, or in case of any difference respecting

(1) See ante, p. 54.

such plan, then according to such plan as shall be determined by two justices; and such justices may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the undertakers to make such temporary or other works as they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere If persons having with any such sewer or drain: Provided always, that if the persons having such control or management as aforesaid, and tend, undertakers their officer, fail to attend at the time fixed for the opening may perform the work without of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the intention of the undertakers as aforesaid, or shall not propose any plan for breaking up or opening the same, or shall refuse or neglect to superintend the operation, the undertakers may perform the work specified in such notice without the superintendence of such persons or their officer.

the control, &c.,

fail to superin

them.

Streets, &c., broken up to be reinstated without delay.

Penalty for delay in reinstating streets, &c.

XXXII. When the undertakers open or break up the road or pavement of any street or bridge, or any sewer, drain, or tunnel, they shall with all convenient speed complete the work for which the same shall be broken up, and fill in the ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel, so opened or broken up, and carry away the rubbish occasioned thereby, and shall at all times whilst any such road or pavement shall be so opened or broken up cause the same to be fenced and guarded, and shall cause a light sufficient for the warning of passengers to be set up and kept there against, every night during which such road or pavement shall be continued open or broken up, and shall, after replacing and making good the road or pavement which shall have been so broken up, keep the same in good repair for three months thereafter, and such further time, if any, not being more than twelve months in the whole, as the soil so broken up shall continue to subside.

XXXIII. If the undertakers open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in the cases in which the undertakers are authorized to perform such works without any superintendence or notice, or if the undertakers make any unnecessary delay in completing any such work, or in filling in the ground, or reinstating and making good the road or pavement, or the sewer, drain, or tunnel, so opened or broken up, or in carrying away the rubbish occasioned thereby, or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of six months next after the same is made good, or such further time as aforesaid, they shall forfeit to the persons