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TOWN POLICE CLAUSES ACT 1847

TOWN POLICE CLAUSES ACT 1847 - LONG TITLE

An Act for consolidating in One Act certain Provisions usually
contained in Acts for regulating the Police of Towns.{1}
[22nd July 1847]
Preamble rep. by SLR 1891[

TOWN POLICE CLAUSES ACT 1847 - SECT 1
Incorporation with special Act.

1.] This Act shall extend only to such towns or districts in ...
Ireland as shall be comprised in any Act of Parliament hereafter to
be passed which shall declare that this Act shall be incorporated
therewith; and all the clauses of this Act, save so far as they
shall be expressly varied or excepted by any such Act, shall apply
to the town or district which shall be comprised in such Act, and
to the commissioners appointed for improving and regulating the same,
so far as such clauses shall be applicable thereto respectively, and
shall, with the clauses of every other Act which shall be
incorporated therewith, form part of such Act, and be construed
therewith as forming one Act.

And with respect to the construction of this Act, whether
incorporated in whole or in part with any other Act, and of any
Act incorporated therewith:

TOWN POLICE CLAUSES ACT 1847 - SECT 2
""The special Act'':

2. The expression "the special Act" used in this Act shall be
construed to mean any Act which shall be hereafter passed for the
improvement or regulation of any town or district defined or
comprised therein, and with which this Act shall be incorporated;
and the word "prescribed" used in this Act in reference to any
matter herein stated shall be construed to refer to such matter as
the same shall be prescribed or provided for in the special Act,
and the sentence in which such word shall occur shall be construed
as if instead of the word "prescribed" the expression "prescribed
for that purpose in the special Act" had been used; and the
expression "the commissioners" shall mean the commissioners, trustees,
or other persons or body corporate intrusted by the special Act
with powers for executing the purposes thereof.

TOWN POLICE CLAUSES ACT 1847 - SECT 3
Interpretations in this and the special Act:

3. The following words and expressions in both this and the special
Act, and any Act incorporated therewith, shall have the meanings
hereby assigned to them, unless there be something in the subject
or context repugnant to such construction; (that is to say,)Words
importing the singular number shall include the plural number, and
words importing the plural number shall include the singular
number:Words importing the masculine gender shall include females:The
word "person" shall include a corporation, whether aggregate or
sole:The word "lands" shall include messuages, lands, tenements, and
hereditaments, of any tenure:The word "street" shall extend to and
include any road, square, court, alley, and thoroughfare, or public
passage, within the limits of the special Act:The word "month" shall
mean calendar month:The expression "superior courts" shall mean Her
Majesty's superior courts of record at ... [Belfast] ...:The word
"oath" shall include affirmation in the case of Quakers, and any
declaration lawfully substituted for an oath in the case of any
other persons allowed by law to make a declaration instead of
taking an oath:

Definition rep. by SLR 1980The word "justice" shall mean justice of
the peace acting for the ... place where the matter requiring the
cognizance of any such justice arises; ....

Definition rep. by SLR 1980The word "cattle" shall include horses,
asses, mules, sheep, goats, and swine.

And with respect to citing this Act, or any part thereof:

TOWN POLICE CLAUSES ACT 1847 - SECT 4
Short title of this Act.

4. In citing this Act in other Acts of Parliament, and in legal
instruments, it shall be enough to use the expression "The Town
Police Clauses Act, 1847."

TOWN POLICE CLAUSES ACT 1847 - SECT 5
Form in which portions of this Act may be incorporated with other
Acts.

5. For the purpose of incorporating part only of this Act with any
Act hereafter to be passed, it shall be enough to describe the
clauses of this Act with respect to any matter in the words
introductory to the enactment with respect to such matter, and to
enact that the clauses so described, or that this Act, with the
exception of the clauses so described, shall be incorporated with
such Act; and thereupon all the clauses of this Act so incorporated
shall, save so far as they are expressly varied or excepted by
such Act, form part of such Act, and such Act shall be construed
as if such clauses were set forth therein with reference to the
matter to which such Act relates.

Ss.620 rep. by SLR (NI) 1954

And with respect to obstructions and nuisances in the streets:

TOWN POLICE CLAUSES ACT 1847 - SECT 21
Power to make orders for preventing obstructions in the streets
during public processions, &c.

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 Acts 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 [#2].

S.22 rep. by SL(R) 1973

TOWN POLICE CLAUSES ACT 1847 - SECT 23
Power to stage carriages to deviate from route under order of
commissioners.

23. No proprietor of any stage carriage duly licensed to carry
passengers for hire shall be liable to any penalty for any
deviation from the route or line of route specified in his licence
which the driver of such stage carriage makes in consequence of any
regulation or direction made or given by the commissioners.

Ss.2427 rep. by 1976 NI 13 art.14 sch.

TOWN POLICE CLAUSES ACT 1847 - SECT 28
Penalty on persons committing any of the offences herein named.

28. Every person who in any street, to the obstruction, annoyance,
or danger of the residents or passengers, commits any of the
following offences, shall be liable to a penalty not exceeding [#2]
for each offence, or, in the discretion of the justice before whom
he is convicted, may be committed to prison, there to remain for a
period not exceeding fourteen days; and any constable or 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,)

Every person who exposes for show, hire, or sale (except in a
market or market place or fair lawfully appointed for that purpose)
any horse or other animal, or exhibits in a caravan or otherwise
any show or public entertainment, or shoes, bleeds, or farries any
horse or animal (except in cases of accident), or cleans, dresses,
exercises, trains, or breaks, or turns loose any horse or animal,
or makes or repairs any part of any cart or carriage (except in
cases of accident where repair on the spot is necessary):

Every person who suffers to be at large any unmuzzled ferocious
dog, or sets on or urges any dog or other animal to attack,
worry, or put in fear any person or animal:

...

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 carriage 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 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 burden, 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 throughfare:

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 places or leaves any furniture, goods, wares, or
merchandize, or any cask, tub, basket, pail, or bucket, or places
or uses any standing-place, stool, bench, stall, or showboard, on
any footway, or who places any blind, shade, covering, awning, or
other projection over or along any such footway, unless such blind,
shade, covering, awning, or other projection is eight feet in height
at least in every part thereof from the ground:

Every person who places, hangs up, or otherwise exposes to sale any
goods, wares, merchandize, matter, or thing whatsoever, so that the
same project into or over any footway, or beyond the line of any
house, shop, or building at which the same are so exposed, so as
to obstruct or incommode the passage of any person over or along
such 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:

Every person who places any line, cord, or pole across any street,
or hangs or places any clothes thereon:

Every common prostitute or nightwalker loitering and importuning
passengers for the purpose of prostitution:

Every person who wilfully and indecently exposes his person:

Every person who publicly offers for sale or distribution, or
exhibits to public view any profane, indecent, or obscene book,
paper, print, drawing, painting, or representation, or sings any
profane or obscene song or ballad, or uses any profane or obscene
language:

Every person who wantonly ... throws or discharges any stone or
other missile, or makes any bonfire, or throws or sets fire to any
firework:

Every person who wilfully and wantonly disturbs any inhabitant, by
pulling or ringing any door bell, or knocking at any door, or who
wilfully and unlawfully extinguishes the light of any lamp:

Every person who flies any kite, or who makes or uses any slide
upon ice or snow:

Every person who cleanses, hoops, fires, washes, or scalds any cask
or tub, or hews, saws, bores, or cuts any timber or stone, or
slacks, sifts, or screens any lime:

Every person who throws or lays down any stones, coals, slate,
shells, lime, bricks, timber, iron, or other materials (except
building materials so inclosed as to prevent mischief to passengers):

Every person who beats or shakes any carpet, rug, or mat (except
door mats beaten or shaken before the hour of eight in the
morning):

Every person who fixes or places any flower-pot or box, or other
heavy article, in any upper window, without sufficiently guarding the
same against being blown down:

Every person who throws from the roof or any part of any house or
other building any slate, brick, wood, rubbish, or other thing,
except snow thrown so as not to fall on any passenger:

Every occupier of any house or other building, or other person, who
orders or permits any person in his service to stand on the sill
of any window, in order to clean, paint or perform any other
operation upon the outside of such window, or upon any house or
other building within the said limits, unless such window be in the
sunk or basement story:

Every person who leaves open any vault or cellar, or the entrance
from any street to any cellar or room underground, without a
sufficient fence or handrail, or leaves defective the door, window,
or other covering of any vault or cellar, or who does not
sufficiently fence any area, pit, or sewer left open, or who leaves
such open area, pit, or sewer, without a sufficient light after
sunset to warn and prevent persons from falling thereinto:

Every person who throws or lays any dirt, litter or ashes, or
night-soil, or any carrion, fish, offal, or rubbish, on any street,
or causes any offensive matter to run from any manufactory, brewery,
slaughter-house, butcher's shop, or dunghill, into any street:
Provided always, that it shall not be deemed an offence to lay
sand or other materials in any street in time of frost, to prevent
accidents, or litter or other suitable materials to prevent the
freezing of water in pipes, or in case of sickness to prevent
noise, if the party laying any such things causes them to be
removed as soon as the occasion for them ceases:

Every person who keeps any pigstye to the front of any street, not
being shut out from such street by a sufficient wall or fence, or
who keeps any swine in or near any street, so as to be a common
nuisance.

S.29 rep. by 1968 c.28 (NI) s.16 sch.4

And with respect to fires:

TOWN POLICE CLAUSES ACT 1847 - SECT 30
Penalty for wilfully setting chimneys on fire.

30. Every person who wilfully sets or causes to be set on fire
any chimney within the limits of the special Act shall be liable
to a penalty not exceeding five pounds: Provided always, that
nothing herein contained shall exempt the persons so setting or
causing to be set on fire any chimney from liability to be
indicted for [any other offence].

TOWN POLICE CLAUSES ACT 1847 - SECT 31
Penalty for accidentally allowing chimneys to catch fire.

31. If any chimney accidentally catch or be on fire within the
said limits, the person occupying or using the premises in which
such chimney is situated shall be liable to a penalty not exceeding
[50p]: Provided always, that such forfeiture shall not be incurred
if such person prove to the satisfaction of the justice before whom
the case is heard that such fire was in nowise owing to omission,
neglect, or carelessness of himself or servant.

Ss.32, 33 rep. by 1947 c.10 (NI) s.35(3) sch.5. Ss.34, 35 rep. by
1968 c.28 (NI) s.16 sch.4. S.36 rep. by 1953 c.14 (NI) s.1(2);
1968 c.28 (NI) s.16 sch.4

And with respect to hackney carriages:

TOWN POLICE CLAUSES ACT 1847 - SECT 37
Commissioners may license hackney carriages.

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.

TOWN POLICE CLAUSES ACT 1847 - SECT 38
What vehicles to be deemed hackney carriages.

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 distances, 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.

TOWN POLICE CLAUSES ACT 1847 - SECT 39
Fee to be paid for licence.

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 [25p].

TOWN POLICE CLAUSES ACT 1847 - SECT 40
Persons applying for licence to sign a requisition.

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.

TOWN POLICE CLAUSES ACT 1847 - SECT 41
What shall be specified in the licences.

41. In every such licence shall be specified the name and surname
and place of abode of every person who is a proprietor or part
proprietor of the hackney 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, 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.

TOWN POLICE CLAUSES ACT 1847 - SECT 42
Licences to be registered.

42. Every licence shall be made out by the clerk of the
commissioners, and duly entered in a book to be provided by him
for that 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.

TOWN POLICE CLAUSES ACT 1847 - SECT 43
Licence to be in force for one year only.

43. Every licence so to be granted shall be under the common seal
of the commissioners, if incorporated, or, if not incorporated, shall
be signed by two or more of the commissioners, and shall not
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.

TOWN POLICE CLAUSES ACT 1847 - SECT 44
Notice to be given by proprietors of hackney carriages of any
change of abode.

44. So often as any person named in any such licence as the
proprietor or one of the proprietors, or as being concerned, either
solely or in partnership with any person, in the keeping, employing,
or letting to hire of any such carriage, changes his place of
abode, he shall, within seven days next after such change, give
notice thereof in writing, signed by him, to the commissioners,
specifying in such 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,
endorse 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 endorsed 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 [#2].

TOWN POLICE CLAUSES ACT 1847 - SECT 45
Penalty for plying for hire without a licence.

45. If the proprietor or part proprietor of any carriage, or any
person so concerned as aforesaid, permits the same to be used as a
hackney carriage plying for hire within the prescribed distance
without having obtained a licence as aforesaid for such carriage, or
during the time that such licence is suspended as herein-after
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 such
person so offending shall for every such offence be liable to a
penalty not exceeding [#2].

TOWN POLICE CLAUSES ACT 1847 - SECT 46
Drivers not to act without first obtaining a licence.

46. No person shall act as driver of any hackney carriage licensed
in pursuance of this or the special Act to ply for hire within
the prescribed distance without first obtaining a licence from the
commissioners, which licence shall be registered by the clerk to the
commissioners, and a fee of [5p] shall be paid for the same; and
every such licence shall be in force until the same is revoked,
except during the time that the same may be suspended as after
mentioned.

TOWN POLICE CLAUSES ACT 1847 - SECT 47
Penalty on drivers acting without licence, or proprietors employing
unlicensed drivers.

47. If any person acts as such driver as aforesaid without having
obtained such licence, or during the time that his licence is
suspended, or if he lend or part with his licence, except to the
proprietor of the hackney carriage, or if the proprietor of any
such hackney carriage employ any person as the driver thereof who
has not obtained such licence, or during the time that his licence
is suspended, as hereinafter provided, every such driver and every
such proprietor shall for every such offence respectively be liable
to a penalty not exceeding [#1].

TOWN POLICE CLAUSES ACT 1847 - SECT 48
Proprietor to retain licences of drivers, and to produce the same
before justices on complaint.

48. In every case in which the proprietor of any such hackney
carriage permits or employs any licensed person to act as the
driver thereof, such proprietor shall cause to be delivered to him,
and shall retain in his possession, the licence of such driver,
while such driver remains in his employ; and in all cases of
complaint, where the proprietor of a hackney carriage is summoned to
attend before a justice, or to produce the driver, the proprietor
so summoned shall also produce the licence of such driver, if he
be then in his employ; and if any driver complained of be adjudged
guilty of the offence alleged against him, such justice shall make
an endorsement upon the licence of such driver, stating the nature
of the offence and the amount of the penalty inflicted; and if any
such proprietor neglect to have delivered to him and to retain in
his possession the licence of any driver while such driver remains
in his employ, or if he refuse or neglect to produce such licence
as aforesaid, such proprietor shall for every such offence be liable
to a penalty not exceeding [#2].

TOWN POLICE CLAUSES ACT 1847 - SECT 49
Proprietor to return licence to drivers except in case of
misconduct.

49. When any driver leaves the service of the proprietor by whom
he is employed without having been guilty of any misconduct, such
proprietor shall forthwith return to such driver the licence
belonging to him; but if such driver have been guilty of any
misconduct, the proprietor shall not return his licence, but shall
give him notice of the complaint which he intends to prefer against
him, and shall forthwith summon such driver to appear before any
justice to answer the said complaint; and such justice, having the
necessary parties before him, shall inquire into and determine the
matter of complaint, and if upon inquiry it appear that the licence
of such driver has been improperly withheld, such justice shall
direct the immediate re-delivery of such licence, and award such sum
of money as he thinks proper to be paid by such proprietor to
such driver by way of compensation.

TOWN POLICE CLAUSES ACT 1847 - SECT 50
Revocation of licences of proprietors or drivers.

50. The commissioners may, upon the conviction for the second time
of the proprietor or driver of any such hackney carriage for any
offence under the provisions of this or the special Act with
respect to hackney carriages, or any byelaw made in pursuance
thereof, suspend or revoke, as they deem right, the licence of any
such proprietor or driver.

TOWN POLICE CLAUSES ACT 1847 - SECT 51
Number of persons to be carried in a hackney carriage to be
painted thereon.

51. No hackney carriage shall be used or employed or let to hire,
or shall stand or ply for hire, within the prescribed distance,
unless the number of persons to be carried by such hackney
carriage, in words at length, and in form following, (that is to
say,) "To carry persons," be painted on a plate placed on some
conspicuous place on the outside of such carriage, and in legible
letters, so as to be clearly distinguishable from the colour of the
ground whereon the same are painted, one inch in length, and of a
proportionate breadth; and the driver of any such hackney carriage
shall not be required to carry in or by such hackney carriage a
greater number of persons than the number painted thereon.

TOWN POLICE CLAUSES ACT 1847 - SECT 52
Penalty for neglect to exhibit the number, or for refusal to carry
the prescribed number.

52. If the proprietor of any hackney carriage permit the same to
be used, employed, or let to hire, or if any person stand or ply
for hire with such carriage, without having the number of persons
to be carried thereby painted and exhibited in manner aforesaid, or
if the driver of any such hackney carriage refuse, when required by
the hirer thereof, to carry in or by such hackney carriage the
number of persons painted thereon, or any less number, every
proprietor or driver so offending shall be liable to a penalty not
exceeding [#2].

TOWN POLICE CLAUSES ACT 1847 - SECT 53
Penalty on driver for refusing to drive.

53. A driver of a hackney carriage standing at any of the stands
for hackney carriages appointed by the commissioners, or in any
street, who refuses or neglects, without reasonable excuse, to drive
such carriage to any place within the prescribed distance, or the
distance to be appointed by any byelaw of the commissioners, not
exceeding the prescribed distance, to which he is directed to drive
by the person hiring or wishing to hire such carriage, shall for
every such offence be liable to a penalty not exceeding [#10].

TOWN POLICE CLAUSES ACT 1847 - SECT 54
Penalty for demanding more than the sum agreed for.

54. If the proprietor or driver of any such hackney carriage, or
if any other person on his behalf, agree beforehand with any person
hiring such hackney carriage to take for any job a sum less than
the fare allowed by this or the special Act, or any byelaw made
thereunder, such proprietor or driver shall be liable to a penalty
not exceeding [#2] if he exact or demand for such job more than
the fare so agreed upon.

TOWN POLICE CLAUSES ACT 1847 - SECT 55
Agreement to pay more than the legal fare.

55. No agreement whatever made with the driver, or with any person
having or pretending to have the care of any such hackney carriage,
for the payment of more than the fare allowed by any byelaw made
under this or the special Act, shall be binding on the person
making the same; and any such person may, notwithstanding such
agreement, refuse, on discharging such hackney carriage, to pay any
sum beyond the fare allowed as aforesaid; and if any person
actually pay to the driver of any such hackney carriage, whether in
pursuance of any such agreement or otherwise, any sum exceeding the
fare to which such driver was entitled, the person paying the same
shall be entitled, on complaint made against such driver before any
justice of the peace, to recover back the sum paid beyond the
proper fare, and moreover such driver shall be liable to a penalty
for such extraction not exceeding the sum of [#2]; and in default
of the repayment by such driver of such excess of fare, or of
payment of the said penalty, such justice shall forthwith commit
such driver to prison, there to remain for any time not exceeding
one month, unless the said excess of fare and the said penalty be
sooner paid.

TOWN POLICE CLAUSES ACT 1847 - SECT 56
Agreements to carry passengers a discretionary distance for a fixed
sum.

56. If the proprietor or driver of any such hackney carriage, or
if any other person on his behalf agree with any person to carry
in or by such hackney carriage persons not exceeding in number the
number so painted on such carriage as aforesaid, for a distance to
be in the discretion of such proprietor or driver, and for a sum
agreed upon, such proprietor or driver shall be liable to a penalty
not exceeding [#2] if the distance which he carries such persons be
under that to which they were entitled to be carried for the sum
so agreed upon, according to the fare allowed by this or the
special Act, or any byelaw made in pursuance thereof.

TOWN POLICE CLAUSES ACT 1847 - SECT 57
Deposit to be made for carriages required to wait.

57. When any hackney carriage is hired and taken to any place, and
the driver thereof is required by the hirer there to wait with
such hackney carriage, such driver may demand and receive from such
hirer his fare for driving to such place, and also a sum equal to
the fare of such carriage for the period, as a deposit over and
above such fare, during which he is required to wait as aforesaid,
or if no fare for time be fixed by the byelaws, then the sum of
[7p] for every half hour during which he is so required to wait,
which deposit shall be accounted for by such driver when such
hackney carriage is finally discharged by such hirer; and if any
such driver who has received any such deposit as aforesaid refuses
to wait as aforesaid, or goes away or permits such hackney carriage
to be driven or taken away without the consent of such hirer,
before the expiration of the time for which such deposit was made,
or if such driver on the final discharge of such hackney carriage
refuse duly to account for such deposit, every such driver so
offending shall be liable to a penalty not exceeding [#2].

TOWN POLICE CLAUSES ACT 1847 - SECT 58
Penalty on proprietors, &c. convicted of over-charging.

58. Every proprietor or driver of any such hackney carriage who is
convicted of taking as a fare a greater sum than is authorized by
any byelaw made under this or the special Act shall be liable to
a penalty not exceeding [#2], and such penalty may be recovered
before one justice; and in the conviction of such proprietor or
driver an order may be included for payment of the sum so
overcharged, over and above the penalty and costs; and such
overcharge shall be returned to the party aggrieved, ....

TOWN POLICE CLAUSES ACT 1847 - SECT 59
Penalty for permitting persons to ride without consent of hirer.

59. Any proprietor or driver of any such hackney carriage which is
hired who permits or suffers any person to be carried in or upon
or about such hackney carriage during such hire, without the express
consent of the person hiring the same, shall be liable to a
penalty not exceeding [#1].

TOWN POLICE CLAUSES ACT 1847 - SECT 60
No unauthorized person to act as driver.

60. 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 [#2] for
every such offence.

TOWN POLICE CLAUSES ACT 1847 - SECT 61
Penalty on drivers for drunkenness, furious driving, &c.

61. 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.

TOWN POLICE CLAUSES ACT 1847 - SECT 62
Penalties in case of carriages being unattended at places of public
resort.

62. 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 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; and such driver shall
be liable to a penalty not exceeding [#10] for such offence; and
in default of payment of the said penalty upon conviction, and of
the expences 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 expences, 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.

TOWN POLICE CLAUSES ACT 1847 - SECT 63
Compensation for damage done by driver.

63. 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.

TOWN POLICE CLAUSES ACT 1847 - SECT 64
Penalty on drivers obstructing other drivers.

64. Any driver of any hackney carriage who suffers the same to
stand for hire across any street or alongside of any other hackney
carriage, or who refuses to give way, if he conveniently can, to
any other carriage, or who obstructs or hinders the driver of any
other carriage in taking up or setting down any person into or
from such other carriage, or 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 [#1].

TOWN POLICE CLAUSES ACT 1847 - SECT 65
Compensation to drivers attending to answer complaints not
substantiated.

65. If the driver of any such hackney carriage be summoned or
brought before any justice to answer any complaint or information
touching or concerning any offence alleged to have been committe by
such driver against the provisions of this or the special Act, or
any byelaw made thereunder, and such complaint or information be
afterwards withdrawn or quashed 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.

TOWN POLICE CLAUSES ACT 1847 - SECT 66
Fare unpaid may be recovered as a penalty.

66. 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 byelaw made thereunder, such fare may, together
with costs, be recovered before one justice as a penalty.

S.67 rep. by 1977 NI 4 art.13(6) sch.2

TOWN POLICE CLAUSES ACT 1847 - SECT 68
Byelaws for regulating hackney carriages.

68. The commissioners may from time to time (subject to the
restrictions of this and the special Act) make byelaws for all or
any of the purposes following; (that is to say,)

For regulating the conduct of the proprietors and drivers of hackney
carriages plying within the prescribed distance in their several
employments, and determining 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 re-delivery of any property
accidentally left in hackney carriages, and fixing the charges to be
made in respect thereof.

And with respect to public bathing:

TOWN POLICE CLAUSES ACT 1847 - SECT 69
Byelaws for regulating public bathing-places.

69. 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 byelaws 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 persons of 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.

S.70 rep. by 1972 NI 16 art.63(3) sch.19. S.71 rep. by SL(R) 1975.
S.72 rep. by SLR 1894

And with respect to the recovery of damages not specially provided
for, and of penalties, and to the determination of any other matter
referred to justices:

TOWN POLICE CLAUSES ACT 1847 - SECT 73
Recovery of damages and penalties.

73. The clauses of the Railway Clauses Consolidation Act, 1845, with
respect to the recovery of damages not specially provided for, and
penalties, and to the determination of any other matter referred to
justices, shall be incorporated with this and the special Act; and
such clauses shall apply to the town or district within the limits
of the special Act, and to the commissioners, and shall be
construed as if the word "commissioners" had been inserted therein
instead of the word "company."

S.74 rep. by SLR 1875. S.75 rep. by SLR (NI) 1954. S.76 rep. by
1946 c.13 (NI) s.16(3) sch.

And with respect to affording access to the special Act:

TOWN POLICE CLAUSES ACT 1847 - SECT 77
Copies of special Act.

77. The commissioners shall at all times after the expiration of
six months after the passing of the special Act keep in their
principal office of business a copy of the special Act, printed by
the printers to Her Majesty, or some of them, and shall also
within the space of such six months deposit in the office of the
[chief clerk for the county court division] in which the town or
district within the limits of the special Act is situated a copy
of such special Act so printed as aforesaid; and the said [chief
clerk] shall receive, and he and the commissioners respectively shall
retain, the said copies of the special Act, and shall permit all
persons interested to inspect the same, and make copies or extracts
therefrom, in the like manner, and upon the like terms, and under
the like penalty for default, as is provided in the case of
certain plans and sections by the Parliamentary Documents Deposit
Act, 1837.

TOWN POLICE CLAUSES ACT 1847 - SECT 78
Penalty on commissioners failing to keep or deposit such copies.

78. If the commissioners fail to keep or deposit, as herein-before
mentioned, any of the said copies of the special Act, they shall
forfeit twenty pounds for every such offence, and also five pounds
for every day afterwards during which such copy is not so kept or
deposited.

S.79 rep. by SLR 1875