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Section 79.) a Penalty not exceeding Forty Shillings if he exact or demand for such Job more than the Fare so agreed on. Also the Section numbered 55 of the said Act:
LV. No Agreement whatever made with the Driver, or with any Agreement to Person having or pretending to have the Care of any such Hack- the legal Fare
not to be binding, ney Carriage for the Payment of more than the Fare allowed by and Sum paid any Bye Law made under this or the special Act, shall be binding proper Fare may
be recovered on the Person making the same, and any such Person may, not- back. withstanding 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 Penalty. moreover such Driver shall be liable to a Penalty for such Exaction not exceeding the Sum of Forty Shillings, 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.
Also the Section numbered 56 of the said Act: LVI. If the Proprietor or Driver of any such Hackney Carriage, or Driver to carry,
if any other Person on his Behalf, agree with any Person to carry ment for a disin or by such Hackney Carriage Persons not exceeding in Number Chestionary the Number so painted on such Carriage as aforesaid, for a Dis- Distance to tance to be in the Discretion of such Proprietor or Driver, and entitled for tho for a Sum agreed upon, such Proprietor or Driver shall be liable to a Penalty not exceeding Forty Shillings 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 Bye Law made in pursuance thereof.
which Hirer is
Also the Section numbered 57 of the said Act:
LVII. When any Hackney Carriage is hired and taken to any Place, Deposit to be and the Driver thereof is required by the Hirer there to wait with made for Car
riages waiting 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
Penalty on the Driver refusing to wait, or to account for the Deposit.
aforesaid, or if no Fare for Time be fixed by the Bye Laws, then the Sum of One Shilling and Sixpence 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 Forty Shillings.
Also the Section numbered 58 of the said Act :
Overcharge by Hackney Coachmen, &c. to be included in Conviction, and returned to aggrieved Party.
LVIII. 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 Bye Law made under this or the special Act shall be liable to a Penalty not exceeding Forty Shillings, 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 (a.) shall be returned to the Party aggrieved, whose Evidence shall be admissible in Proof of the said Offence.
Also the Section numbered 59 of the said Act:
Penalty for permitting Persons to ride without Consent the Hirer.
No Person to act as Driver of any Carriage without the Consent of the Proprietor.
LIX. Any Proprietor or Driver of any such Hackney Carriage which
is hired who permits or suffers any Person to be carried in or upon
Also the Section numbered 60 of the said Act:
Penalty on Drivers misbehaving.
LXI. If the Driver or any other Person having or pretending to have
the Care of any such Hackney Carriage be intoxicated while dri
(a.) See Section 82 post. p. 120.
(Section 79.) ving, 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 fefore whom he is convicted of such Offence may commit him to Prison, there to remain for any Time not exceeding Two Months.
Also the Section numbered 62 of the said Act :
tended at Places
LXII. If the Driver of any such Hackney Carriage leave it in any Penalty for
Street or at any Place of public Resort or Entertainment, whether riages unatit be hired or not, without some one proper to take care of it, any of public Resort. 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 Twenty Shillings for such Offence, and in default of Payment of the said Penalty upon Conviction, and of the Expences of taking and keeping the said Hack- Carriage and ney Carriage and Horse or Horses, the same, together with the sold for Penalty
and Expenses. 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. Also the Section numbered 63 of the said Act:
LXIII. In every Case in which any Hurt or Damage has been caused Damage done by to any Person or Property as aforesaid by the Driver of any Car- recovered from
the Proprietor. riage 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. (a.)
Also the Section numbered 64 of the said Act:
LXIV. Any Driver of any Hackney Carriage who suffers the same Improperly to stand for Hire across any Street or alongside of any other Hack- standing with
(a.) See Note to Section 120 of the Public IIealth Act, post sec. 127, as to the recovery of these Damages.
ney Carriage, or who refuses to give way, if he conveniently can,
Justices empowered to award Compensation to Drivers for loss of Time in attending to answer Complaints not substantiated.
Penalty for refusing to pay the Fare
LXV. 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 committed by such Driver against the Provisions of this or the special Act, or any Bye Law 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.
Also the Section numbered 66 of the said Act :
Driver of any Hackney Carriage the Fare allowed by this or the
Also the Section numbered 67 of the said Act:
Licence granted by virtue of this or the special Act, who wilfully
Also the Section numbered 68 of the said Act.
Restrictions of this and the special Act) make Bye Laws for all or
any of the Purposes following ; (that is to say,) (a.) (a.) These Bye Laws are in course of making, and will probably be in time to form No. 7 in App.
Penalty for da. maging Carriage.
Commissioners may make Bye Laws for regu. lating Hackney Carriages.
For regulating the Conduct of the Proprietors and Drivers of Hack
ney 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 Hack
ney 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 exceed-
For fixing the Rates or Fares, as well for Time as Distance, to be
paid for such Hackney Carriages within the prescribed Distance,
For securing the safe Custody and Re-delivery of any Property acci
dentally left in Hackney Carriages, and fixing the Charges to be
LXXX. That for each of the Licences for Hackney Carriages Fees for Licences and the Business relating thereto there shall be paid by the Per- Carriages, son to whom the Licence is granted on the granting thereof, to the Commissioners Clerk, the following Sums applicable to the Borough Fund ; viz.
For each Licence for a Hackney Coach, Cabriolet, One or Two Horse Fly Carriage, or other like Carriage, the Sum of Five Shillings :
For each Licence for a Pony or Donkey Cart, or Gig, Fly Chair, Wheel Chair, Sedan Chair, or other like Conveyance, the Sum of Three Shillings and Sixpence.
LXXXI. That nothing in this Act, or in any Byelaw made Act not to preby the Commissioners for any of the Purposes aforesaid, contained, private Carriages shall extend to prohibit or hinder any Person from having or using his own Coach, Fly Carriage, Pony Cart or Donkey Cart,