No. XXIII. No. XXIII. 1866.] AN ORDINANCE TO REGULATE HACKNEY CARRIAGES PLY- [Ord.21 anno Enacted 15th November, 1866, published the 17th following, came into operation on 1st January, 1867. [ROBERT MILLER MUNDY, Lieutenant-Governor.] WHEREAS it is desirable that Hackney Carriages plying for Preamble hire in Georgetown, and within one mile thereof, should be properly regulated: Be it therefore enacted by His Excellency the Lieutenant-Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows: Section. 1. In this Ordinance, the term "hackney carriage," shall mean Interpretation a carriage plying for hire in Georgetown, or within one mile thereof; the term "Proprietor" shall mean every person who, alone or in partnership with any other person, shall keep any such hackney carriage, and the term "animal" shall mean "horse or mule." 2. The Mayor and Town Council of Georgetown shall appoint Inspector of Carriages to be an Inspector of hackney carriages, hereinafter called "the In-appointed. spector." for hire unless same number 3. No such hackney carriage shall ply for hire until the Pro- No Hackney prietor shall have made application in writing to the Inspector to Carriage to ply inspect the same, and the animal or animals, and harness, intended provided with Inspector's to be used therewith, and until the Inspector shall have given a certificate. certificate in the form in the schedule (A) to this Ordinance; his This to bear certificate shall bear the same number as the licence of the hackney as licence. Penalty for carriage to which it refers; and the proprietor of any hackney plying without carriage which shall ply for hire before he shall have obtained such certificate. certificate, shall be liable to a penalty not exceeding Twenty Dollars. Ord.21 anno 1866.] endorse on certificate number of persons the cara therein is to No. XXIII. 4. On every such certificate the Inspector shall make an endorseInspector to ment, stating how many persons including the driver, the hackney carriage named in the certificate is allowed by him to carry. A hackney carriage drawn by one animal shall not be allowed to carry more riage named than four persons, and a hackney carriage drawn by two animals sball not be allowed to carry more than six persons; and if at any time there shall be carried in any hackney carriage more than the number allowed by such endorsement, or if any hackney carriage allowed to carry more than four persons, shall at any time be drawn by one animal only, in either case the driver of such hackney carriage shall be liable to a penalty not exceeding Five Dollars. carry. Proportion of passengers to animals. Pen alty for breach of this regu lation. to unfitness of 5. If the Inspector shall at any time be satisfied that any hackInspector to ney carriage, or any animal, or harness used therewith is not in a proprietor as fit condition to be used, he shall at once give notice in writing to carriage, &c., the proprietor stating in what the unfitness consists, and prohibiting and to prohibit the use of such hackney carriage, animal, or harness; and if, while such notice remains in force and uncancelled by the Inspector, any while notice in such hackney carriage, animal, or harness, shall be used, the proprietor shall be liable to a penalty not exceeding Twenty Dollars. use of same, Penalty for using same force. and badge from Town 6. The driver of every hackney carriage shall provide himself Driver of every with a licence, to be signed, and with a badge to be furnished, by carriage to have licence the Town Clerk on payment to him by such driver of a fee of one dollar, to go to the Town Funds: licences shall be granted only to Clerk. Licence persons above eighteen years of age, and who shall produce a certito be given only to persons ficate of competency from the Inspector; if any person shall act as above 18 years driver of any hackney carriage, without having obtained such licence, of age, and producing In or after the same shall have been revoked, or during the suspension spector's certi ficate. Penalty of the same, such person, and the proprietor of the hackney carriage on driver and of which he shall act as the driver, shall each be liable to a penalty proprietor if former has no not exceeding Twenty Dollars in respect of every occasion on which licence, and otherwisc. Proviso he shall so act: Provided that not more than one complaint shall be made against each in respect of offences against this section committed on any one day. 7. The driver of every hackney carriage shall wear his badge on Driver to wear on his right arm, so that the same may be plainly seen; and any badge on right such driver who shall neglect so to wear his badge, shall be liable to a penalty not exceeding Five Dollars in respect of every complaint Penalty for not that may be made against him of any such neglect. arm to be seen so wearing CAMO 8. Every No. XXIII. [Ord. 21 anno 1866.] 8. Every person hiring any hackney carriage shall be entitled to Quantity of carry thereon a reasonable quantity of luggage without any addi- luggage allowtional charge. ed to passenger. not claimed to be delivered 9. The driver of every hackney carriage wherein any property Property left shall be left shall within twenty-four hours, if such property shall in carriage, if not sooner be claimed from him by, the owner thereof, carry the within 24 hours same to the Brick-Dam Police Station, in Georgetown, and deliver by driver to the same to the principal Police Officer on duty 'there; on pain in Police Officer case of default of being liable to imprisonment for not more than tion. Penalty three months, with or without hard labour, or to a penalty not livering same. exceeding Twenty Dollars. at Brick Sta for not so de to enter in ticulars re 10. The Inspector-General of Police, on delivery as aforesaid Inspector Ge of any such property, shall cause an entry of the same, stating the neral of Police description thereof, the name and address of the driver bringing book all par the same, the number of the carriage in which the same was left, specting such and the day and hour of the receipt of the same at the Police Sta- property, and tion, to be made in a book to be kept for that purpose; and such property shall be delivered to any person who shall give proof to the satisfaction of the Inspector-General of Police of being entitled to the same. to deliver same to person enti tled thereto schedule B. Town Council. Shall come II. The fares payable by persons hiring hackney carriages, shall Fares as in be as set forth in the Tariff in the Schedule (B) to this Ordinance; May be altered this Tariff may be altered from time to time by the Mayor and by Mayor and Town Council; and every such altered Tariff shall come into operation when the same shall have been confirmed by the Governor and Court of Policy, and shall have been published for three weeks in the Official Gazette and in every newspaper published in George- Court of Po licy, and pub town. lished 3 weeks. into operation. when con firmed by Go vernor and have sign with 12. The Town Clerk shall cause a sign, with the Tariff of Fares Town Clerk to distinctly painted on it, to be placed and kept in some conspicuous Tariff of fees position at each hackney carriage stand, and shall deliver to each painted on it placed at each proprietor, for each hackney Carriage kept by him, a card with the carriage stand, [Ord. 21 anno 1866.] driver a print. ed card of ed same as his licence. No. XXIII. and give each Tariff of Fares legibly printed thereon, each such card to be' numbered with the same number as the licence of the carriage for same, number which it is given; and every such proprietor shall on pain of being liable to a penalty not exceeding ten dollars, keep such card Proprietor, on pain of penalty affixed to the inside of such carriage, in such a position that it may to have card be seen distinctly by any person travelling in such carriage; when inside of car any such card shall be worn out, or rendered illegible by use, the riage, and to have same re- proprietor shall procure a new card from the Town Clerk, and affix the same in like manner, on pain of a like penalty. to newed, and affixed as be◄ fore, on pain of like penalty. Penalty on driver asking or receiving more than legal fare. 13. If the driver of any hackney carriage shall exact and receive from any person any sum exceeding the fare to which such driver shall be entitled, such driver on complaint against him shall be liable to a penalty not exceeding Five Dollars. 14. If the driver of any hackney carriage shall be intoxicated while driving, or shall, by wanton or furious driving, or by any wilful misconduct, injure or endanger the person or property of oated, or for any one, such driver shall be liable to imprisonment, with or with Penalty on driver for being intoxi any wilful misconduct. In case of ac out hard labour, for any term not exceeding three months, or to a penalty not exceeding Twenty Dollars: Provided that in case of any actual injury to the person of any one, it shall be lawful for the Justice of the Peace before whom the complaint shall be made, tual injury, to refer the same to a higher criminal tribunal; and provided matter may further, that no adjudication of any Justice of the Peace, or of any higher Tribu criminal tribunal whatever, shall affect the right to damages in any minal adjudi- civil action that may be brought by any person aggrieved, in respect cation to affect of any injury suffered by such person. be referred to nal: No cri civil right for damages. Penalty on 15. Every proprietor or driver of a hackney carriage who shall refuse to let such carriage to any person desiring to hire the same, proprietor or driver, for re- and every driver of a hackney carriage who shall refuse to drive fusing to let such carriage to any place in Georgetown, or within one mile carriage, on driver for re- thereof, to which he shall be required to drive any person hiring or fusing to drive where required, intending to hire such carriage, or who shall not drive the same at for not driving at reasonable a reasonable and proper speed, or who shall refuse to carry thereon speed, or for a reasonable quantity of luggage for any person hiring the same, refusing to Carry reason shall be liable to a penalty not exceeding Ten Dollars. able quantity of luggage 16. If [Ord. 21 anno 1866.] No. XXIII. fare, and of 16. If any person hiring any hackney carriage shall refuse, on Recovery of demand, to pay to the driver or proprietor the legal fare, such fare, allowance for together with a reasonable allowance for loss of time, may be re- of time, from person refusing covered from him by such driver or proprietor; and the process for to pay legal recovery of such fare and allowance shall be according to the pro- of recovering visions of Ordinance No. 18 of 1858. fare. Mode same. Stands for caraged de C riages as in Schedule or Council Mayor and 17. The Stands for hackney carriages shall be the places specified in the list in Schedule (C) to this Ordinance. The Mayor and Town Council may, from time to time, alter this list by varying, or adding to the number of such places; and every such alteration may alter List. Every altera shall come into operation when the same shall have been confirmed tion to be by the Governor and Court of Policy, and shall have been published confirmed by for three weeks in the Official Gazette and in every newspaper pub- Court of Policy lished in Georgetown. Governor and and to be published 3 weeks. on stand, and in such manner as not to cause Not more than obstruction. 18. The driver of every hackney carriage shall be bound, when Driver, when unemployed, to unemployed, to take his place with his carriage upon one or other place carriage of the Stands; and the carriages on the said Stands shall be so arranged as to cause no obstruction to passengers, or vehicles, or to the inhabitants residing in the neighbourhood; and not more than ten carriages shall be allowed to be on one Stand; and it shall be 1 stand. Police the duty of the police to see that the provisons of this section are strict observstrictly observed, and any person acting contrary to any one of such ance of this provisions shall be liable to a penalty not exceeding Five Dollars. 10 carriages on to enforce section. Penalty for breach. against pro drivers prefer person, before 19. All complaints under this Ordinance against proprietors and Complaints drivers of hackney carriages may be preferred by the Inspector, or prietors or by any officer of police or town constable, or by any person inter- red by inspecested in such complaint, and shall be brought before the Police tor, or other Magistrate of Georgetown, or any Stipendiary or Special Justice of Police Magis the Peace who may at any time be acting for him; and all pro- pendiary or Special Justice ceedings shall be carried on according to the provisions of, and shall acting for him. be subject to the review provided by, Ordinance No. 19, of the Proceedings, year 1856. trate, or Sti and review to be according to Ordinance No. 19 of 1856. 20. The driver of any hackney carriage, in addition to any Driver, in ad punishment or penalty incurred by him under the previous provi. dition to any penalty or punsions of this Ordinance, shall, at the discretion of the Magistrate, be ishment pro vided by preliable to have his licence suspended for not more than four months; vious sections, and to be liable to |