The Short Title of this Act shall be “The Municipal Corporations Act Amendment Act, 1874.”

“The Municipal Corporations Act Amendment Act, 1873,” is hereby repealed: Provided that such repeal shall not affect any proceedings taken or commenced thereunder; and notwithstanding such repeal, all penalties incurred under the said Act or any by-law made thereunder may be recovered under the said Act, and all licenses granted under the said Act or any by-law made thereunder shall continue in force as if granted under this Act or any by-law hereunder: Provided however that nothing herein contained shall be deemed to validate any by-law which was invalid before the passing of this Act.

This Act may be brought into operation for any city or borough within any province by an Act or Ordinance of the Superintendent and Provincial Council of such province, and shall take effect in and for such city or borough on and from any day which by such Act or Ordinance shall be either fixed or directed to be appointed, and except as aforesaid this Act shall have no effect or operation: Provided that in any case in which the said Act hereby repealed shall have been brought into operation in and for any city or borough by any Act or Ordinance of any Provincial Council in that behalf, this Act shall, as regards such city or borough, come into operation immediately on the passing hereof; and all by-laws legally and duly made under the said Act before the passing of this Act shall continue in force as if made, and shall be deemed to have been made, under this Act.

It shall be lawful for the Council to make by-laws for the licensing and regulation of hackney carriages and borough stage carriages plying for hire within the circumference of a circle whose radius shall be of a length fixed by any such by-law not exceeding ten miles measured from the principal post office of such city or borough, and by any other by-law to repeal such by-laws.

It shall be lawful for the Council of any borough by by-law to adopt for such borough, with or without modification, subdivision one of Part Ten of the Thirteenth Schedule to “The Municipal Corporations Act, 1867,” (hereinafter called “the said Act,”) or any such provisions of such subdivision as shall for their construction and effect be separable from and independent of the other provisions thereof; and such subdivision or provisions, as the case may be, shall come into operation within the circumference of a circle whose radius shall be of a length fixed by any such by-law not exceeding ten miles measured from the principal post office of such city or borough, and it shall be lawful for such Council by any other by-law to repeal such by-law.

The Council may by any such by-law as aforesaid impose reasonable penalties, not exceeding five pounds for any one offence against such by-law committed within such circle as aforesaid: Provided that in any case in which subdivision one of Part Ten of the Thirteenth Schedule to the said Act, or any such provision thereof as aforesaid, imposes any greater penalty than five pounds, such greater penalty or any less amount may be imposed by such by-law: Provided also that every such by-law shall be so framed as to allow the Resident Magistrate or Justices of the Peace before whom any such penalty may be sought to be recovered to order a part only of such penalty to be recovered, if such Resident Magistrate or Justices of the Peace shall think fit.

Every person who shall commit any offence hereby or by the said Act, or by any by-law made hereunder or under the said Act, made punishable by a penalty, may be prosecuted; and all fines and penalties imposed hereunder or under the said Act shall be recoverable in a summary manner before any two Justices or a Resident Magistrate in the manner provided by the said Act.

For the purposes of this Act, the terms “hackney carriage” and “borough stage carriage” shall respectively have the meaning and effect attributed to them in and by section two of subdivision one of Part Ten of the Thirteenth Schedule to the said Act.

The word “by-law” in the fourth section of “The Municipal Corporations Act Amendment Act, 1872,” shall be held to include and mean every regulation as well as every by-law made under the authority contained in the said Act, when approved and published as therein described; and the provisions of the said fourth section of “The Municipal Corporations Act Amendment Act, 1872,” shall extend and apply to every by-law and regulation made under the authority of this Act.

The expression “the Council” shall mean the governing body of any Municipal Corporation established under the provisions of the said Act or any Acts supplemental thereto, or of any Municipal Corporation constituted under any Act or Ordinance of any Provincial Legislature.

The said Act, “The Municipal Corporations Act Amendment Act, 1868,” “The Municipal Corporations Acts Amendment Act, 1871,” “The Municipal Corporations Act Amendment Act, 1872,” and this Act, shall be read as one Act.