THE STAGE-CARRIAGES ACT, 1861
[Act, No. 16 of 1861]1
[7th July, 1861]
An Act for licensing and regulating Stage-Carriages.
Whereas it is expedient to license and to regulate stage-carriages in the Provinces: It is enacted as follows :-
|1. Short title was given by the Indian Short Titles Act, 1897 (14 of 1897).|
Section 1. Definition of stage-carriage
Every carriage drawn by one or more horses which shall ordinarily be used for the purpose of conveying passengers for hire to or from any place in the States, shall, without regard to the form or construction of such carriage, be deemed- to be a stage-carriage within the meaning of this Act.
|1.Proviso to section 1 which read : "Provided that this Act shall not apply to carriages not ordinarily used for journeys of greater distance than twenty miles" was omitted by the State-Carriage Act (1861) Amendment Act. 1898 (1 of 1898), section 2. which read : "Provided that this Act shall not apply to carriages not ordinarily used for journeys of greater distance than twenty miles" was omitted by the State-Carriage Act (1861) Amendment Act. 1898 (1 of 1898), section 2.|
Section 2. Carriage to be licensed
No carriage shall be used as a stage-carriage unless licensed by a Magistrate or by the1[* * *] Commissioner of Police of a Presidency town.
|1. The word "Chief was omitted by the Repealing and Amending Act, 1914 ( 10 of 1914), section 3 and Schedule II.|
Section 3. Power to refuse license
The Magistrate or1[*] Commissioner of Police to whom the application for a licence of a stage-carriage is made may refuse to license the same, if he shall be of opinion that such stage-carriage is unserviceable or is unsafe or unfit for public accommodation or use. Particulars of license.
If a Magistrate or1[*] Commissioner of Police as aforesaid shall grant a license, the license shall set forth the number thereof, the name and residence of the proprietor of the stage-carriage, the place at which his head office is held, the largest number of passengers and the greatest weight of luggage to be carried in or on such carriage, the number of horses by which such carriages is to be drawn, and the name of the place at which such carriage is licensed
|1. The word "Chief" was omitted by the Repealing and Amending Act, 1914 ( 10 of 1914), section 3 and Schedule II.|
Section 4. Charge for and duration of license
1[For every such license there shall be paid by the proprietor of the stage-carriage the sum of five rupees or such less sum as the2[State Government] may fix, and such license shall be in force, for one year from the date thereof,]
When a licensed stage-carriage is transferred to a new proprietor within the year, the name of such new proprietor shall, on application to that effect, be substituted in the license for the name of the former proprietor without any further payment for that year; and every person who appears by the license to be the proprietor, shall be deemed to be such proprietor for all the purposes of this Act.
|1.Sub stituted for the original paragraph by the Stage-Carriage Act ( 1861 ) Amendment Act, 1898 (1 of 1898), section 3.|
2.Sub stituted for "Provincial Government" by A.L.O., 1950.
Section 5. Particulars to be painted on conspicuous part of carriage
On any stage-carriage being licensed, the proprietor thereof shall cause the number of the license and all the other particulars of the license to be distinctly painted in the English language and character upon a conspicuous part of such stage-carriage.
Section 6. Penalty for letting carriage without having particulars painted
The proprietor of any licensed stage-carriage who shall let such stage-carriage for hire without the particulars specified in section 3 being painted on such carriage in the manner directed in the last preceding section, shall be liable to a fine not exceeding one hundred rupees.
Section 7. Penalty for letting for hire unlicensed carriage
Whoever lets for hire any stage-carriage without the same being licensed as provided by this Act, shall be liable, on a first conviction, to a fine not exceeding one hundred rupees, and on any subsequent conviction, to a fine which may extend to five hundred rupees.
Section 8. Penalty for allowing carriage to be drawn by fewer animals or more passengers, etc. to be,carried than provided by license
Any proprietor, or agent of a proprietor, or any driver of a licensed stage-carriage, who knowingly permits such carriage to be drawn by a less number of horses, or who knowingly permits a larger number of passengers, or a greater weight of luggage, to be carried by such stage-carriage than shall be provided by the license, shall be liable on a first conviction to a fine not exceeding one hundred rupees, and on any subsequent conviction, to a fine which may extend to five hundred rupees.
In every case where such stage-carriage shall be proved to have been drawn by a less number of horses, or to have carried a larger number of passengers or a greater weight of luggage, than shall be provided by the license, the proprietor of such carriage shall be held to have knowingly permitted such offence, unless he shall prove that the offence was not committed with his connivance, and that he had taken every reasonable precaution and had made reasonable provision to prevent the commission of the offence.
Section 9. Penalty for ill-treating animals
Any person who shall cruelly beat, ill-treat, override, abuse, torture or cause or procure to be cruelly beaten, ill-treated, overdriven, abused or tortured, any horse employed in drawing or harnessed to any stage-carriage, or who shall harness to or drive in any stage-carriage any horse which from sickness, age, wounds or other cause is unfit to be driven in such stage-carriage, shall for every such offence be liable to a fine not exceeding one hundred rupees.
Section 10. Revocation of license
Any Magistrate or1[*] Commissioner of Police within the local limits of whose jurisdiction any stage-carriage shall apply, or who has granted the license of any stage-carriage, may cancel the license of such stage-carriage if it shall appear to him that such stage-carriage or any horse or any harness used with such carriage is unserviceable or unsafe or otherwise unfit for public accommodation or use.
|1.The word "Chief was omitted by the repealing and amending Act, 1914 (10 of 1914), Section 3 and Schedule II|
Section 11. Penalty for not conforming to provisions of section 5
In any station or place in which a Magistrate shall reside and be, any police officer may, in any place within two miles of the office of such Magistrate, seize any stage-carriage with the horse harnessed thereto, if the full particulars of the license of such stage-carriage be not distinctly painted on such stage-carriage in the manner provided in section 5 of this Act.
Such carriage with the horse harnessed thereto shall be taken without delay by such police officer before such Magistrate, who shall forthwith proceed to hear and determine the complaint of such police officer; and, if thereupon any fine is imposed by such Magistrate and such fine is paid, such stage-carriage and horse shall be immediately released; and if such fine be not paid, such stage-carriage and horse may be detained for twenty days as security for the payment thereof; and if the fine be not sooner paid, they may be sold and the proceeds applied (so far as they extend) to the payment of the said fine, and all costs and charges incurred on account of the detention and sale; and the surplus (if any), when claimed, shall be paid to the proprietor of such carriage and horse; and if such surplus be not claimed within a further period of two months from such sale, the same shall be forfeited to the Suite.
If the proceeds of such sale do not fully pay the fine and costs and charges aforesaid, the balance may be recovered as hereinafter provided.
Section 12. Penalty for misconduct on part of drivers
If any driver of any stage-carriage, or any other person having the care thereof, shall, through intoxication, neglect, or by wanton or furious driving, or by any other misconduct, endanger the safety of any passenger or other person, or shall injure pi-endanger the property of the proprietor of such stage-carriage or of any other person, every such person so offending shall be liable to a fine not exceeding one hundred rupees.
Section 13. Penalty when recoverable from proprietor
Whenever the driver of any stage-carriage or the owner of any horse employed in drawing any stage-carriage shall have committed any offence against this Act for the commission whereof any penalty is by this Act imposed, other than an offence specified in section 8, and such driver or owner shall not be known, or being known cannot be found, or if the penalty cannot be recovered from such driver or owner, the proprietor of such carriage shall be liable to every such penalty as if he had been the driver of such carriage or owner of such horse at the time when such offence was committed :
Provided that if any such proprietor shall make out, to the satisfaction of the Magistrate before whom any complaint or information shall be heard, by sufficient evidence, that the offence was committed by such driver or owner 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 owner, and has done all that was in his power to recover the amount of the penalty from him, the Magistrate may discharge the proprietor from such penalty, and shall levy the same upon such driver or owner when found.
Section 14. Issue of summons
Whenever any charge is made before any Magistrate of any offence under this Act on which it is necessary to issue a summons to the proprietor of a stage-carriage, the Magistrate shall issue such summons directed to such proprietor or his nearest agent, and may transmit such summons by letter-post, which shall be deemed to be good service thereof.
The letter shall be registered at the post-office and the cost of the registration shall be borne by the Government in the first instance, but may be charged as costs in the case.
The summons shall allow a reasonable time, in reference to the distance to which the summons is sent, for the appearance of such proprietor or his agent as aforesaid.