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  "title": "STAGE CARRIAGES ACT, 1861",
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  "text": "THE STAGE-CARRIAGES ACT, 1861 \r\n(XVI of 1861) \r\nCONTENTS \r\n1. Definition of stage-carriage \r\n2. Carriages to be licensed \r\n3. Power to refuse license \r\n4. Charge for and duration of license \r\n5. Particulars to be painted on conspicuous part of carriage \r\n6. Penalty for letting carriage without having particulars painted \r\n7. Penalty for letting for hire unlicensed carriage \r\n8. Penalty for allowing carriage to be drawn by fewer animals or more \r\npassengers, etc, to be carried than provided by license \r\n9. Penalty for ill-treating animals \r\n10. Revocation of license \r\n11. Penalty for not conforming to provisions of section \r\n12. Penalty for misconduct on part of drivers \r\n13.  Penalty when recoverable from proprietor 14 Issue of summons \r\n14. Issue of summons \r\n15.  Adjudication of penalties \r\n16.  Recovery of penalties, etc \r\n17. Offender may be apprehended and detained in cus tody until return of \r\nwarrant of distress \r\n18. Imprisonment of offender if distress not sufficient \r\n19. Omitted by the Central Laws (Adaptation) Order, 1961 \r\n20.  Jurisdiction \r\n20A. Power to make rules \r\n21.  Interpretation-clause “Magistrate \r\n22. Extent of Act \r\n23. Power to Government to exempt \r\n \r\nTEXT \r\nTHE STAGE-CARRIAGES ACT, 1861 \r\n(XVI of 1861) \r\n[7th July, 1861] \r\nAn \r\nAct \r\nfor licensing and regulating Stage-Carriages \r\nPreamble.– WHEREAS it is expedient to license and to regulate stage -carriages in \r\n1\r\nPakistan; It is enacted as follows:- \r\n1. Definition of stage -carriage.– Every carriage drawn by one or more horses \r\nwhich shall ordinarily be used for the purpose of conveying passengers for hire to or \r\nfrom any place in Pakistan shall, without regard to the form or construction of such \r\ncarriage, be deemed to be a stage-carriage within the meaning of this Act. \r\n2. Carriages to be licensed .– No carriage shall be used as a stage -carriage \r\nunless licensed by a Magistrate. \r\n3. Power to refuse license .– The Magistrate to whom the application for a \r\nlicense of stage -carriage is made may refuse to license the same if he shall be of \r\nopinion that such stage -carriage is unserviceable or is unsafe or unfit for public \r\naccommodation or use. \r\nIf a Magistrate as aforesaid shall grant a license, the license shall set forth the \r\nnumber thereof, the name and residence of the proprietor of the stage -carriage, the \r\nplace at which his head office is held, the largest number of passengers and t he \r\ngreatest weight of luggage to be carried in or on such carriage, the number of horses \r\nby which such carriage is to be drawn, and the name of the place at which such \r\ncarriage is licensed. \r\n4. Charge for and duration of license .– For every such license the re shall be \r\npaid by the proprietor of the stage -carriage the sum of five \r\n2\r\nrupees or such less sum \r\nas the Provincial Government may fix, and such license shall be in force for one year \r\nfrom the date thereof. \r\nWhen a licensed stage -carriage is transferred to a new proprietor within the \r\nyear, the name of such new proprietor shall, on application to that effect, be \r\nsubstituted in the license for the name of the former proprietor without any further \r\npayment for that year; and every person who appears by the licen se to be the \r\nproprietor shall be deemed to be such proprietor for all the purposes of this Act. \r\n                                                 \r\n1Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “taka” were substituted, for the \r\nwords “Pakistan”, “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the  Bangladesh Laws \r\n(Revision And Declaration) Act, 1973 (Act No. VIII of 1973). \r\n2Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “taka” were substituted, for the \r\nwords “Pakistan”, “Provincial Government” and “rupees” respectively by section 3 and 2nd Schedule of the  Bangladesh Laws \r\n(Revision And Declaration) Act, 1973 (Act No. VIII of 1973). \r\n5. Particulars to be painted on conspicuous part of carriage.– On any stage-\r\ncarriage being licensed the proprietor thereof shall cause the number of the license  \r\nand all the other particulars of the license to be distinctly paint in the  \r\n3\r\n[English] \r\nlanguage and character upon a conspicuous part of such stage-carriage. \r\n6. Penalty for letting carriage without having particulars painted .– The \r\nproprietor of any license d stage -carriage who shall let such stage -carriage for hire \r\nwithout the particulars specified in section 3 being painted on such carriage in the \r\nmanner directed in the last preceding section shall be liable to a fine not exceeding \r\none hundred rupees. \r\n7. Penalty for letting for hire unlicensed carriage .– Whoever lets for hire any \r\nstage-carriage without the same being licensed as provided by this Act, shall be \r\nliable, on a first conviction, to a fine not exceeding one hundred rupees, and on any \r\nsubsequent conviction, to a fine which may extend to five hundred rupees. \r\n8. Penalty for allowing carriage to be drawn by fewer animals or more \r\npassengers, etc, to be carried than provided by license .– Any proprietor, or \r\nagent of a proprietor, or any driver of a license d stage -carriage, who knowingly \r\npermits such carriage to be drawn by a less number of horses, or who knowingly \r\npermits a larger number of passengers, or a greater weight of luggage, to be carried \r\nby such stage-carriage than shall be provided by the license , shall be liable on a first \r\nconviction to a fine not exceeding one hundred rupees and on any subsequent \r\nconviction, to a fine which may extend to five hundred rupees. \r\n In every case where such stage -carriage shall be proved to have been drawn \r\nby a less nu mber of horses, or to have carried a larger number of passengers or a \r\ngreater weight of luggage, than shall be provided by the license, the proprietor of \r\nsuch carriage shall be held to have knowingly permitted such offence, unless he \r\nshall prove that the o ffence was not committed with his connivance, and that he had \r\ntaken every reasonable precaution and had made reasonable provision to prevent \r\nthe commission of the offence. \r\n9. Penalty for ill-treating animals.– Any person who shall cruelly beat, ill -treat, \r\nover-drive, abuse, torture or cause or procure to be cruelly beaten, ill -treated, over-\r\ndriven, abused or tortured, any horse employed in drawing or harnessed to any \r\nstage-carriage, or who shall harness to or drive in any stage -carriage any horse \r\nwhich from sickness, age, wounds or other cause is unfit to be driven in such stage -\r\ncarriage, shall for every such offence be liable to a fine not exceeding one hundred \r\nrupees. \r\n10. Revocation of license .– Any Magistrate within the local limits of whose \r\njurisdiction any stage-carriage shall ply, or who has granted the license of any stage -\r\ncarriage may cancel the license of such stage -carriage if it shall appear to him that \r\nsuch stage -carriage or any horse or any harness used with such carriage is \r\nunserviceable or unsafe or otherwise unfit for public accommodation or use. \r\n11. Penalty for not conforming to provisions of section .– In any station or \r\nplace in which a Magistrate shall reside and be, any police -officer may, in any place \r\n                                                 \r\n3The word “Bengali” was substituted, for the word “English” by section 3 and 2nd Schedule of the  Bangladesh Laws (Revision \r\nAnd Declaration) Act, 1973 (Act No. VIII of 1973). \r\nwithin two miles of the office of such Magistrate, seize any stage -carriage with the \r\nhorse harnessed thereto, if the full particulars of the license of such stage -carriage \r\nbe not distinctly painted on such stage -carriage in the manner provided in section 5 \r\nof this Act.  \r\n Such carriage with the horse harnessed thereto shall be taken without delay \r\nby such police -officer before such Magistrate, who shall forthwith proceed to hear \r\nand determine the complaint of such police -officer; and, if thereupon any fine is \r\nimposed by such Magistrate and such fi ne is paid, such stage - carriage and horse \r\nshall be immediately released; and if such fine be not paid, such stage -carriage and \r\nhorse may be detained for twenty days as security for the payment thereof; and if the \r\nfine be not sooner paid, they may be sold and the proceeds applied (so far as they \r\nextend) to the payment of the said fine, and all costs and charges incurred on \r\naccount of the detention and sale; and the surplus (if any),when claimed, shall be \r\npaid to the proprietor of such carriage and horse; an d if such surplus be not claimed \r\nwithin a further period of two months from such sale, the same shall be forfeited to \r\nthe State. \r\n If the proceeds of such sale do not fully pay the fine and costs and charges \r\naforesaid, the balance may be recovered as hereinafter provided. \r\n12. Penalty for misconduct on part of drivers .– If any driver of any stage -\r\ncarriage, or any other person having the care thereof, shall, through intoxication, \r\nneglect or by wanton or furious driving or by any other misconduct, endanger the \r\nsafety of any passenger or other person, or shall injure or endanger the property of \r\nthe proprietor of such stage -carriage or of any other person, every such person so \r\noffending shall be liable to a fine not exceeding one hundred rupees. \r\n13. Penalty when r ecoverable from proprietor 14 Issue of summons .– \r\nWhenever the driver of any stage -carriage or the owner of any horse employed in \r\ndrawing any stage-carriage shall have committed any offence against this Act for the \r\ncommission where of any penalty is by this  Act imposed, other than an offence \r\nspecified in section 8, and such driver or owner shall not be known, or being known \r\ncan not be found, or if the penalty cannot be recovered from such driver or owner, \r\nthe proprietor of such carriage shall be liable to ev ery such penalty as if he had been \r\nthe driver of such carriage or owner of such horse at the time when such offence \r\nwas committed:  \r\n Provided that if any such proprietor shall make out, to the satisfaction of the \r\nMagistrate before whom any complaint or inf ormation shall be heard, by sufficient \r\nevidence, that the offence was committed by such driver or owner without   the privity \r\nor knowledge of such proprietor, and that no profit,   advantage or benefit, either \r\ndirectly or indirectly, has accrued or can accru e to such proprietor therefrom, and \r\nthat he has used his endeavour to find out such driver or owner, and has done all \r\nthat was in his power to recover the amount of the penalty from him, the Magistrate \r\nmay discharge the proprietor from such penalty, and sh all levy the same upon such \r\ndriver or owner when found. \r\n14. Issue of summons.– Whenever any charge is made before any Magistrate of \r\nany offence under this Act on which it is necessary to issue a summons to the \r\nproprietor of a stage -carriage, the Magistrate  shall issue such summons directed to \r\nsuch proprietor or his nearest agent, and may transmit such summons by letter -post, \r\nwhich shall be deemed to be good service thereof. \r\n The letter shall be registered at the post -office, and the cost of the registration \r\nshall be borne by the Government in the first instance, but may be charged as costs \r\nin the case.  \r\n The summons shall allow a reasonable time, in reference to the distance to \r\nwhich the summons is sent, for the appearance of such proprietor or his agent as \r\naforesaid. \r\n15. Adjudication of penalties .– All penalties incurred under this Act shall be \r\nadjudged by a Magistrate as aforesaid, and all orders made under this Act by such \r\nMagistrate shall be final. \r\n16. Recovery of penalties, etc .– All penalties imposed un der this Act, or any \r\nbalance of any fine, costs or charges as mentioned in section 11 of this Act, may in \r\ncase of non -payment or non -recovery thereof be levied by distress and sale of the \r\nmoveable property of the offender by warrant under the hand of the M agistrate who \r\nimposed the same. \r\n17. Offender may be apprehended and detained in custody until return of \r\nwarrant of distress .– In case any such penalties shall not be forthwith paid, such \r\nMagistrate may order the offender to be apprehended and detained in s afe custody \r\nuntil the return can be conveniently made to such warrant of distress, unless the \r\noffender shall give security to the satisfaction of such Magistrate for his appearance \r\nat such place and time as shall be appointed for the return of the warrant of distress. \r\n18. Imprisonment of offender if distress not sufficient .– If upon the return of \r\nsuch warrant it shall appear that no sufficient distress can be had whereon to levy \r\nsuch penalty, and same shall not be forthwith paid, or in case it shall appear to the \r\nsatisfaction of such Magistrate by the confession of the offender or otherwise that he \r\nhas not sufficient goods and chattels whereupon such penalty could be levied if \r\nwarrant of distress were issued, such Magistrate may, by warrant under his hand, \r\ncommit the offender, to prison, there to be imprisoned, according to the discretion of \r\nsuch officer, for any term not exceeding two calendar months when the amount of \r\npenalty shall not exceed fifty rupees, and for any term not exceeding four calendar \r\nmonths when the amount shall not exceed one hundred rupees, and for any term not \r\nexceeding six calendar months in any other case, the commitment to be \r\ndeterminable in each of the cases aforesaid on payment of the amount. \r\n(Recovery of penalty and Cos t from Europe an British subjects). Omitted by A.O. \r\n1961 Art. 2 and sch. (with effect from the 23rd March, 1956).  \r\n19.  [Omitted by the Central Laws (Adaptation) Order, 1961.] \r\n20. Jurisdiction.– On complaint made before any Magistrate of any offence \r\ncommitted under this  Act, it shall not be necessary to prove that the offence was \r\ncommitted within the local limits of such Magistrate or other officer. \r\n4\r\n20A. Power to make rules.– (1) The Provincial Government may, by notification in \r\nthe official Gazette, make rules to carry  out the purposes and objects of this Act in \r\nthe territories under its administration or any part of the said territories. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may–  \r\n(a) prescribe forms for licenses u nder this Act, the sums payable for the \r\nsame and the conditions on which they may be granted, and the cases \r\nin which they may be revoked; \r\n(b) provide for the inspection of stage -carriages, and of the animals \r\nemployed in drawing them; and  \r\n(c) regulate the number and length of the stages for which animals may be \r\ndriven in stage -carriages and the manner in which they shall be \r\nharnessed and yoked. \r\n(3) In making any rule under this section, the Provincial Government may \r\ndirect that a breach thereof shall be pun ishable with fine which may extend to one \r\nhundred rupees.] \r\n21. Interpretation-clause “Magistrate”.– The term \"Magistrate\" in this Act shall \r\ninclude all Magistrates and other persons exercising the powers of a Magistrate: \r\n Act applicable to all animals used  for drawing carriages.  All expressions and \r\nprovisions which in this Act are applied to horses shall also apply to all other animals \r\nemployed in drawing any carriage ordinarily used for the purpose of conveying \r\npassengers for hire to or from any place in Pakistan. \r\n22. Extent of Act .– This Act, as amended by subsequent Acts, extends to the \r\nwhole of Pakistan; but it shall not apply to carriages ordinarily plying for hire within \r\nthe limits of any municipality or cantonment or other place in which any law for the \r\nregulation of carriages is for the time being in force. \r\n23. Power to Government to exempt.– The Government may, by notifications in \r\nthe official Gazette, exempt any carriages or class of carriages from all or any of the \r\nprovisions of this Act. \r\n                                                 \r\n4Section 20A was inserted by the Bengal Public Gambling (Amendment) Act, 1913 (Act No. IV of 1913).",
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