CARRIAGES ACT 1928. 311
CARRIAGE OF -PASSENGERS BY WATER. [See Instruments Act 1928.] •' • •
CARRIAGES ACT 1928.
An Act to consolidate the -Law relating to Licensed 19GEOHOB v. '.•Carriages. ,: i ' " • No^- • ' ' [12th' February, 1929.]
E it enacted by the King's Most Excellent Majesty by and with Carriages Act B the advice and consent of the Legislative Council and the Legis-1916- lative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say),:— . .. 1. This Act may.be cited as the- Carriages Act 1928, and shall Short title com- ent and come into operation on a day to be fixed by proclamation of the S?fs10n". Governor, in Council /published in the Government ..Gazette, and is . divided into Parts as follows :— ,>•'.,. PABT I.—Hackney Carriages ss. 4-7. PART IL^-Stage Carriage's ssv'8-31.. ",.'.'• , 2. The Act mentioned in the First Schedule to this Act to the Repeal, extent thereby expressed to be repealed is hereby repealed., .Such repeal First schedule, shall not affect any licence granted or any by-law made under the said Act before the commencement of this Act. ' , , ' . . 3. Whenever in Part I. of. this Act the word -" hackney carriage " interpretation. is, used the same shall be held to mean any coach car cabriolet or- other " Hackney vehicle plying- kept or let out for hire within the city of Melbourne!"™*6' or city of Geelong or within the distance of eight miles from the corporate limits thereof respectively : .Provided however that nothing .. • contained in the said Part nor in any by-law made by virtue thereof shall be held to extend to any carriage or vehicle duly licensed .as a ; stage carriage under Part II. of this Act if the same'plies at regular periods as such to places .beyond the corporate limits of the said cities respectively : Provided also that no such by-law shall apply to or be held'to apply to carriages which are let to hire only when previously' ordered or bespoken' at the stables garages or residences of 'their •, owners and which are never permitted to ply for hire in any street; or place off the premises-of their respective owners or to the owners or * drivers of such carriages. - , . . ' . , A "stage carriage" within the meaning of Part II. of this Act "stage shall be deemed and fealkent o be any coach or' other carriage or vehicle
(a) Under section 22 of The Melbourne Tram hire on a particular day, or particular days, only, way and Omnibus Company's Act 1883 (No. between two places, is not a "stage carriage." 765) a tramcar used by the company in the con A person who uses as a stage carriage a motor- veyance of passengers must be licensed, and the bus, registered under section 4 of the Motor Car oompany, as the owner of the tramcar, must be Act 1928, must obtain a licence under the Car able to produce the necessary licence therefor riages Act.—Parkin v. Whithers, 1913 V.L.R., when called upon to do so. 533. Per Bolroyd, J.—Semble, that, apart from section Semble, an " omnibus " is a " hackney carriage " 22 of The Melbourne Tramway and Omnibus Com within the meaning of this Act.—Hudson v. Gee- pany's Act 1883 (No. 765), the Carriages Act 1890 long, 1926 V.L.R., 47; and cf. Montgomery v. did not apply to the tramcars of the company.— Cornwall, 1927 V.L.R., 130. Kidney v. The Melbourne Tramway and Omnibus (6) Section 232 (2) of the Local Government Company Limited, 27 V.L.R., 679. Act 1928 applies to a by-law made by the city of Held (per Madden, C.J., and Williams, Holroyd, Geelong under this section.—Htckinbotham v. a'Beckett, Bodges, and Hood, J J.), that a tram- Hudson, 1925 V.L.R., 520. oar does not come within this definition of a "hack A by-law whioh is in effect a general traffio ney carriage," and that, therefore, apart from regulation rather than a regulation dealing with section 22 of The Melbourne Tramway and Omni the licensing of hackney carriages and owners and bus Company's Act 1883, the Carriages Act 1890 their conduct etc., suoh as was contemplated by did not apply to the tramcars of the company. this Act, is not within the powers conferred by Held, therefore, that in the absence of a by-law this Act.—Hudson v Geelong, 1926 V.L.R., 47. made under the authority of section 22 of the Act (c) Purporting to act under the power conferred No. 765, making appropriate rules for the licensing by the corresponding section in Act No. 1070, of the tramcars of the company, the Melbourne the council of the city of Melbourne made a by Tramwayand Omnibus Company was under no obli law which provided (clause 8)—" No person gation to obtain any licences from the corporation shall keep use employ or let for hire for the of the city of Melbourne for the employment of carrying of passengers any hackney oarriage or the tramcars of the company, and under no act as a driver or conductor thereof" within liability for employing such tramcars without certain limits unless he should have a licence. obtaining such licences. By other clauses of the by-law " hackney carriage " Kidney v. Melbourne Tramway and Omnibus was defined to mean any vehicle which the council Company Ltd. (supra) commented on. The Mel was by the Act empowered to license, and the bourne Tramway and Omnibus Company Limited mode of licensing hackney carriages and the form v. The Mayor oj Melbourne, 28 V.L.R., 647; of licence therefor, and for owners, drivers, and 1905 A.C., 358. conductors thereof, was provided for, and such A stage oarriage, within the meaning of the clauses referred to " vehicles plying for hire." Carriages Act is a vehicle running regularly on Held, that though not expressly limited to some defined route between definite terminis hackney carriages " plying for hire," clause 8, inviting persons to travel therein, each passenger when read with the rest of the by-law, was by paying a separate and distinct fare for his seat; implication so limited, and was valid.—Mont accordingly, a motor-bus conveying passenger, for. gomery v. Gerber, 1907 V.L.B., 428. No. 3649.] CARRIAGES ACT 1928. 313
5. (1) The councils of the said cities respectively in the by-laws Carriages Act so to be made by them by virtue of this Part shall have powerm5 '•5-. and authority to make regulations 'touching the. licensing and the by-iaws."" m conduct of the owners drivers • and conductors of such hackney carriages in their several employments ; the hours within which such owners drivers or conductors shall exercise their respective callings; whether they shall wear any and what badges; the number and description and furnishing of such hackney carriages; the number of persons to be carried in the same; the situation and number of public stands; the aniount of fares for time or distance to be paid for the use of such hackney carriages; the safe custody and delivery of any property which may be accidentally or otherwise left in such hackney carriages; the punishing the misconduct of the drivers and conductors of and persons attending such hackney carriages, whether in the way of imposition by demanding or receiving more than the regular fare or otherwise : Provided that for every such licence of any such owner driver or conductor there shall be paid such sum as the council of the said cities respectively shall direct not exceeding the siim of Five shillings. (2) Notwithstanding anything contained in any Act, of the net Proportion amounts received by the conncil of the city of Melbourne from SJS'nSpautTra" r 0 residents, in any of the municipalities mentioned in the Second Jj 1 ^°'e Schedule for any hackney carriage licence or carter's licence, or Seoond any annual renewal .thereof issued by the council of the said pity to any schedule. such residents, the said council shall annually pay to the' said several municipalities the respective percentages specified in the said Schedule. In this sub-section the expression " hackney carriage " does not include tram car. (3) In the case of licences issued under this Part to residents in Proportion any borough, the council of the city of Geelong issuing such licences to orGeelonf. . such residents as aforesaid shall annually pay to the council of such borough one-half of' the net amount so received', frofh the residents within such borough. 6. The councils of the cities of Melbourne and of Geelong respectively Penalties. shall have power and authority by such by-laws to fix the amount of n>- »• «• fines and penalties to be imposed on the owners and drivers of such hackney carriages for. misconduct >or imposition in demanding or receiving more than- the regular' fares or otherwise; and on persons hiring such hackney carriages forfraudulently evading the payment of such fares; or for the breach of any other by-law which the said councils respectively may make in respect to'Such hackney carriages the owners and drivers thereof: Provided that such fines or penalties shall not exceed for any one offence the sum of Ten pounds. 7. Every by-law made by the said councils respectively as afore-By-iaws subject said shall be subject to all and the like forms restrictions and provisions ^ conditions. as to the making altering amending repealing'proving and enforcing
..f •.. • • (a) A by-law of the city* of Melbourne provided ; ' obeyed this by-law which is therefore in all oases that no owner of a licensed carriage should intrust some evidence,, but not conclusive, that the driver that carriage to another person as driver except was the servant of the owner.—Clutterbuch v. as that owner's servant:' Held, that every Curry, 11 V.L.R., 810, followed in McKinnonv. licensed owner employing a driver is to be pre- ' Oange, 1910 V.L.R., 32. sumed until the oontrary be shown to have , 314 CARRIAGES ACT'1928. [19 GEO. V. carriages Act of the same or otherwise, and as to the appropriation of all fees 1916- fines penalties and forfeitures recovered or received under the same, as are prescribed with regard for by-laws made by the said councils respectively under any Act now or hereafter to be in force by which authority is given to the council of the city of Melbourne or to the council of the city of Geelong to make by-laws.
PART II.—STAGE CARRIAGES. Justices in 6ea- 8. Any two or more justices assembled in petty sessions for any Hce1nce°s.sm"t district from or through which any stage carriage may be intended to n.«. 8. pass may grant a licence under their hands, in the form of the Third Third Schedule~ " . Schedule hereto, to any person who applies for such licence in manner hereinafter mentioned, to keep use and employ any such stage carriage in any part of Victoria. Fees on licences. 9. There shall be charged by the clerk of the petty sessions where ]b.». 9. any such licence is issued, to be paid by the party or parties applying for the same, the sum of Five shillings for each and every such licence. justicestodeter- 10. Before any such licence is granted, the stage carriage in ™PMshensereber respect of which such licence is applied for shall be exhibited to the reaction's"" j"stices of the petty sessions to whom application is made at the Jb. s. io. usual time and place of holding such' sessions; a.nd such justices may upon an examination of such stage carriage determine the number of passengers which may be safely and conveniently carried by such stage carriage both in the inside and on the outside thereof; provided that the number so to be determined shall in no case exceed the number hereinafter limited and defined. persons applying 11. Before any licence is granted or renewed under the provisions lfcVSto 3g!fa of this Part for or in respect of any stage carriage, a requisition for requisition. such licence shall be made and signed by the proprietor or one of s & s win iv ^ne proprietors of the stage carriage in respect of which such licence c.i20s.9.' is applied for; and in every such requisition there shall be truly specified and set forth the proper full name and place of abode of the person applying for such licence and of every person who is a proprietor or part proprietor of such carriage or who is concerned either solely or in partnership with any other person in the keeping using or employing of such carriage; and every person who neglects or omits to specify truly in such requisition as aforesaid the name and place of abode of any person who is concerned as aforesaid in the keeping using or employing of such carriage shall be liable to a penalty of not more than Ten pounds. Particulars to be 12. There shall be specified in every licence to be granted or carriage licences6 renewed under this Part for or in respect of any stage carriage the /6.8.12. following particulars (that is to say): the proper full name and place ib. s. n. of abode of the person and of every person who is a proprietor or part proprietor of the stage carriage in respect of which such licence is granted or who is concerned either solely or in partnership with any other person in the keeping using or employing of such carriage; the names of the extreme places from which and to which such carriage is authorized by such licence to travel or go; and the greatest number of passengers to be conveyed by such carriage as has been determined No. 3649.]' ' CARRIAGES ACT 1928. • 315 by the justices in sessions as aforesaid, distinguishing (when the same carriages Act • is intended to convey both insidcand outside passengers) the number 1916' to be carried'ou or about the outside from the number to be carried in the inside of such carriage. And a copy of every such licence shall be kept at the office or place from which such licence is issued, in order that any person may have a copy thereof on payingOne shilling for the same. 13. Every licence granted under the authority of this Part Licences to be shall be and continue in force from the day of the date thereof annually. until the thirtieth day of September then next ensuing and no longer ; n.«. 13. and every such licence shall be renewed from year to year and whenever 2 & 3 wm iv. any change, in the owners or proprietors of any stage carriage takes c' place, subject to all such and, the like rules and regulations as are hereinbefore provided with respect to the granting of original licences: Provided however that all licences which are granted or renewed in the month of September in any year, shall be and continue in force until the thirtieth day of September in the year then next, ensuing and no longer. • -. • Je>^ 14. It shall not be lawful for any person to keep use or employ Penalty for any stage carriage, unless such persqu has a licence in force to do so Si^ without granted to'him under the authority of this Part. And every person who alioence- keeps uses or employs or is concerned as proprietor or part proprietor in Ib~ *•14- the keeping using or employing of any stage carriage without having a licence in force so to do as aforesaid, shall be liable to a penalty of not more than Twenty pounds. . , , ' IB. No stage carriage shall be used, or employed unless or until Particulars to be mstagc there is truly painted, in words'at length and in legible and con- S^e spicuous letters one inch at the least in height and of a proper and pro- /&.«. is. portionate breadth and in colour different from and'opposite to the colour 2\!Lmh™' H of the ground on which such letters are painted, upon some con-s'& e vict. c. 79 spicuous part .of each side of such carriage and clear of the wheel or s14' wheels thereof so ' that' the same is • at all times plainly and dis tinctly visible and legible, the proper full name of the proprietdr or of one of the proprietors of such carriage; arid also the names of the extreme places from, which and to which such carriage is licensed to travel or go; and, there shall also be painted in manner aforesaid upon some conspicuous place on the back of such stage carriage and so that the same is at all times plainly and distinctly visible and legible the greatest number' of passengers allowed to be carried in or by such carriage, and also when such carriage is ' licensed to carry both inside and outside passengers the greatest number of.pas- ' sengers allowed to be taken in the inside and on the outside thereof respectively. And if any person uses ,or employs any stage carriage upon which all such particulars as aforesaid are not truly painted in such legible and conspicuous letters' and in manner aforesaid, or in case such particulars .or any of them are partially obliterated or defaced from or upon any such carringe then if any such person neglects to paint or cause to be painted again'in mauner > aforesaid every particular so obliterated or defaced,'such person so offending in any of the cases aforesaid shall be liable to a penalty of not more than Five pounds. 316 CARRIAGES ACT 1928. [19 GEO. V.
Carriages AU 16. No outside passenger nor any luggage shall be carried on the certain sta e *°P or r00*" °^ &nY staoe carriage the top or roof of which from the carriages shall ground is more than eight feet nine inches or the bearing of which p«sengeraUor'de on the ground is less than four feet six inches from the centre of the luggage. track of the right or off wheel to the centre of the track of the left or c.*2VsVl37.IV' near wheel. And if any outside passenger or luggage is carried on any such carriage in manner contrary to the directions aforesaid, the driver of such carriage at the time when such offence is committed shall be liable to a penalty of not more than Five pounds.
Number of out- 17. Any licensed stage carriage with four wheels or more, the top ai?oewPedtonblrs or r0°f 0I" which is not more than eight feet and nine inches from carriad by 8tas:e *ne Srounc^ and the bearing of which on the ground is not less than n.s. 17. four feet six inches from the centre of the track of the right or off a&4 wm. iv. wheel to the centre of the track of the left or near wheel, if such stage c 48 s. 2. carriage is licensed to carry any number not more than nine pas- l.*lsT'n.' sengers, shall be allowed to carry not more than five of such passengers outside; and if licensed to carry more than nine and not more than twelve passengers, shall be allowed to carry not more than eight of such passengers outside; and if licensed to carry more than twelve and not more than fifteen passengers, shall be allowed to carry not more than eleven of such passengers outside; and if licensed to carry more than fifteen and not more than eighteen passengers, shall be allowed to carry not more than twelve of such passengers outside; and if licensed to carry any greater number than eighteen passengers shall be allowed to carry not more than two additional passengers outside for every three additional passengers which such carriage is so licensed to carry in the whole: Provided that in no case a greater number of passengers shall be carried on the outside of any stage carriage as aforesaid than the licence relating thereto authorizes to be carried on the outside thereof. And if any greater number of outside passengers is carried by any stage carriage as aforesaid than as hereinbefore specified and allowed, or if any outside passengers are carried by any stage carriage not expressly licensed to carry any outside passenger, the driver of such stage carriage at the time when such offence is committed shall be liable to a penalty of not more than Five pounds.
Driver and chil. 18. The several numbers of outside passengers by this Part to be 'counted' as aH°wed to be carried by any such stage carriage as aforesaid shall be passengers; two reckoned exclusive of the driver but including the conductor or guard children under • <• , i • I J. i J} \\ j. • l seven years it there is a conductor or guard of such stage carriage; and no passenger!18 cne child or children in the lap shall be counted as a passenger or pas- n.«. is. sengers; and no child not in the lap but under seven years of age shall 3** wui. iv. be so counted unless there is more than one such child; and if there is more than one such child not in the lap but under seven years of age, then two of such children shall be accounted equal to one adult person and considered as one passenger and so on in the same proportion. to^oTlny'st'ag'e 19- ^° luggaoe which is carried on the top or roof of any carriage shaii stage carriage drawn by four or more horses shall in any case exceed not] PXPPPfl fcnp ^ " height herein ten feet and nine inches in height from the ground; nor shall any specified. luggage which is carried on the top or roof of any stage carriage 2 & 3 win. iv drawn by two or three horses only in any case .exceed ten feet and three c. 120 s. 43. No. 3649.J CARRIAGES ACT 1928. 317 inches in height from the ground measuring to the highest point of any carriage* Act part of such luggage when placed upon the top or roof of any such xm~ carriages respectively. And if any such luggage in either of the cases aforesaid exceeds the height by this Part in that behalf limited, the driver of such carriage at the time when such offence is committed shall be liable to a penalty of not more than Five pounds. 20. No person shall be allowed to sit or be carried upon any KO person to sn luggage placed on the roof of any stage carriage as aforesaid; and not the'rooTnor0" more than one passenger or other person shall be allowed, to sit or p^on b^wes be carried upon the box with the driver of any such stage carriage, the driver on tht And if any person sits or is carried upon any luggage placed as ^"s 20 aforesaid, or if more than one petson besides the driver sits or is 3 & t win. iv. carried upon the box of any stage carriage as aforesaid, the driver thereof °-48 "• *• at the time when any such offence is committed shall be liable to a penalty of not more than Five pounds.
22. If the driver of any stage carriage within the meaning of Passengers may this Part permits or suffers more than one person on the coach K'/to'count' box besides himself or a greater number of passengers than accord- ™Sen™ereand iug to the number allowed by the licence of any such • stage measure'he carriage or by this Part to be carried or conveyed, any outside or inside luggage, passenger who has actually paid for his place if conveyed by such *»• «•22- carriage may require the driver to stop such carriage at any toll or 2.^oTls.™' turnpike gate, and require the collector of the toll of such gate to count the number of passengers or measure or ascertain the height of the luggage upon such carriage. And every such driver who refuses upon the .demand »of any such passenger to stop any . such stage carriage or to. permit or suffer the collector who is so required to count the number of passengers and ascertain the height of the luggage or to make such examination shall be liable to a penalty of not more than Five pounds for every such refusal; and shall, if more passengers have been carried on such stage carriage or the
(a) The disregard of the prohibition con- As to whether the disregard of a prohibition tained in this section is not conclusive proof of contained in this Act may be even per se primd negligence as against the owner of a stage carriage facie evidence of negligence, see same case and in the event of an acoident.—Robertson v. Car- Smith v. Robertson and Anderson v. Robertson, mody, 1 V.R. (L.), 6 8 V.L.R. (L.), 256. 318 CARRIAGES ACT 1928. [19 GEO. V.
^[^g°sAet luggage exceeds the height respectively allowed by this Part, he liable for every-, such offence the committing whereof is prohibited as aforesaid to double the penalty imposed by this Part for such offence. And every toll collector who upon being so required by any such passenger neglects or refuses to make such examination shall for each offence be liable to a penalty of not more than Five pounds. And every person who endeavours to evade such examination by descending from such stage carriage previous to reaching any turnpike gate and re-ascending after passing the same shall be liable to a penalty of not more than Ten pounds. •
Penalty on 23. If the driver of any stage carriage drawn by three or more thTbox b'efo?e a horses at any place where such carriage stops quits the box of such shKandat carriage or the horses drawing the same without delivering the reins tno horses' into the hands of some fit and proper person or before some fit n.l'23. an(l proper person is placed and stands at the heads of the horses and 2 & 3 win. iv. has the commaud thereof, or if any person so placed and standing at o. 120 s. 47. ^ neads 0f the horses leaves such horses before some other proper person is placed and stands in like manner and has the command of such horses or before the driver of such stage carriage has returned and seated himself upon the box and taken the reins; or or permitting If the driver of any stage carriage permits any passenger or to^rireoFq^it' anv person other than himself to drive the horses drawing such carriage, tins the box or if the driver of any stage carriage quits the box of such carriage without reason- ... , 1 , • i? 1 i.- J.T_ I • able cause. without reasonable occasion or for a longer time than such occasion absolutely requires; or oinjuardior If any person travelling as guard to any such stage carriage armseMefttor" whilst the horses are harnessed or in the act of being harnessed defence. thereto and whilst any passenger is in upon or about such carriage discharges any fire-arms except for the necessary defence of such carriage or of the passengers or luggage being in or about the same ; or on driver or If the driver or conductor or guard of any stage carriage neglects ^ardlo"/°r to take due care of any luggage whatsoever carried or to be carried neglecting lug- by such carriage: or gage ; . or exacting more If any such driver or conductor or guard demands or receives for fare"the lawful the fare of any passenger more, than the sum which such passenger is liable to pay or more than the money properly chargeable for the carriage of any luggage ; or or not account- If any such driver or conductor or guard when thereto required wse^ptoyer'0 neglects or refuses faithfully to account to his employer for all moneys received by him in respect of any passenger or any luggage which is carried by such carriage; or or assaulting If any such driver or conductor or guard assaults or uses paie^gSf. abusive or insulting language to any person travelling or about to travel or having travelled as a passenger with or by such carriage or 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 be liable to a penalty of not more than Five pounds'. No. 364V\] CARRIAGES ACT 1928. 319
24. Every driver or conductor or guard of any stage carriage and carriages Act every other person having the care thereof or employed in upon or.about J?lf f: 24' v • -L XL. 3 • L • *.• i- l i Penalty on the such carriage who through intoxication or negligence or by wanton or driver or guard furious driving or by or through any other 'misconduct .endangers the 2w^n°or safety of-any passenger or other person or injures or endangers the {^Pfjf property of the owner or proprietor of such stage carriage or of any negligence, other person shall be liable to a penalty of not more than Five pounds. c.*!>T48.IV" 25. If any person whatever is maimed or otherwise injured by Persons occa- reason of the careless or furious driving or of the racing or other b^Su^l"-3 wilful-misconduct of any-coachman or other person driving any stage '"?,*<*• declared ,i ',,. • . . l # ° , • °i guilty of a carnage or any other public carriage carrying passengers for hire, such misdemeanour, careless or furious driving or racing or other wilful misconduct of such n- "•26- coachman or other person is and the same is hereby declared to be ^IOOS.^'S'' a misdemeanour and punishable as such by fine and imprisonment: But nothing herein contained shall be deemed to affect the right of any person to recover by action damages for any injury committed as afore said. •. •
26. Whenever it happens that the driver or conductor or guard Owners to be of any stage carriage has committed any offence against this Part ties'in'oases""1 W e e 1 or for the commission whereof any penalty is by this Part imposed ua ^f/„0 t ' upon such driver or conductor or guard and not upon the pro- known or cannot prietof' of such carriage, and such driver or conductor or guard is JJ'""1^ not known or being known cannot be found, then- the proprietor of 2 & 3 win. iv. such carriage shall be liable to every such penalty as if he had been c'120 s'49' the driver or conductor or guard of such carriage at the time when such offence was committed : Provided always that if any such proprietor makes out to the- satisfaction of the court before which any informa tion is 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 endeavour to find out such driver or conductor or guard and given all reasonable- information in answer to inquiries respecting him, such court shall discharge the proprietor from such penalty and shall levy the same upon such driver or conductor or guard when found.
27. All fines and penalties awarded and imposed under this Part Appropriation shall go and be distributed, the one moiety to the consolidated penalties'"*1 revenue of Victoria, and the other moiety fo the use of the informant n «. 27. (not being a member 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 court of petty sessions ; and if the informant is a member of the police force, the said last-mentioned moiety together . with the costs and charges s6 ascertained shall be paid into the Police Superannuation Fund. • ,
28. Any summons issued by any justice, commanding any driver Service of conductor guard owner or proprietor of any stage carriage or any person ™mmons- or company of proprietors or firm of any company to whom such carriage Ib' *'. 10'9 320 CARRIAGES ACT 1«28. [19 GEO. V.
Carriages Act belongs to appear at such time or place as to such justice seems meet 1915. for any offence committed against this Part shall be deemed to be well and sufficiently served in case either the original or a copy of such summons is left with the known or acting bookkeeper for such carriage in any town or place into or through which such carriage is driven.
Information to . 29. All summonses informations and convictions which are be laid against the nearest issued laid or prosecuted against any owner or proprietor of any stage ot joint proprietors. carriage as above described under and by virtue of this Part for the lb. 8. 29. recovery of any fine or penalty hereby imposed shall, in all cases in which there are more than one such owner or proprietor and when such owners or proprietors reside in different places, be so issued laid or prosecuted against such one or more of the said owners or proprietors as reside in the place or nearest to the place from which such summons is issued.
Prosecutions to 30. All prosecutions for offences against this Part shall be com be commenced within fourteen menced within fourteen days after the offence has been committed; days. and there shall be but one recovery for the same offence : Provided n. 8. so. that where the owners of stage carriages are required to paint their 2 & 3 Will. IV.name s and the number of passengers which they are licensed to carry c 120 s. na. and to preserve the same in a clear and legible state the prosecution may be commenced at any time within twelve months; and any neglect in remedying the same for the space of one month shall be considered a new offence.
Limitation of 31. If any action or suit is commenced against any person for actions. anything done in pursuance of this Part the same shall be lb. s. 31. commenced within three mouths after the act committed and not afterwards; and if it appears that such action or suit has been com menced after the time before limited for bringing the same, then the jury shall fiud or there shall be judgment for the defendant.
SCHEDULES.
Section 2. FIRST SCHEDULE.
Number of Act. Title of Act. Extent of Repeal.
2624 ... I Carriages Act 1915 The whole. No. 3649.] CARRIAGES ACT 1928. 321
SECOND SCHEDULE. Section 5. Municipality. Proportion of Net Amount Payable to Municipality.
Brunswick Collingvvood Fitzroy Port Melbourne Seventy-five per centum. Prahran Richmond ... South Melbourne St. Kilda Brighton Caulfield .. Coburg Essendon Footscray ... Eighty-five per centum. Hawthorn ... Kew Malvern Northcoto
Blackburn and Mitcliam Box Hill ... Braybrook ... Broadmeadows Bulla Camberwell Doncaster ... Eltham Heidelberg ... Keilor •Ninety-five per centum. Mordialloc ... Moorabbin ... Mulgrave Oakleigh Preston Sandringham Werribee Whittlesea ... Williamstown
THIRD SCHEDULE. Section 8. FORM OF LICENCE FOR A STAGE CARRIAGE. Whereas A. B. [or A. B. and C. D.] proprietor [or proprietors aa the case may be] of n 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 H. 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 licence to authorize 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 herein after mentioned do hereby in pursuance of the authority in us vested by the Carriages Act 1928 authorize and license the said proprietor [or proprietors] to carry and convey between aforesaid and aforesaid the number of passengers in and by the said stage carriage (that is to say) the number of passengers in the inside and passengers on the outside thereof subject to the several regulations and provisions of the said recited Act. ^This licence to cease and determine on the thirtieth day of September One thousand nine hundred and Given under our hands this 'day of 19 .
VOL. I.—21