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And be it enacted, That no Agreement whatever made with the Driver of any Hackney Carriage for the 'Payment of more than his proper Fare, as the same is allowed and limited by this Act, shall be binding on the Person making the same, but that any such Persia may. notwithstanding any such Agreement, refuse, 6n discharging such Hackney Carriage, the Payment of any Sum beyond the proper Fare as allowed and limited as aforesaid; and in case any Person shall actually pay to the Driver of any Hackney Carriage, Whether in pursuance of any such Agreement or not, any Sum exceeding his said proper Fare, which shall have been demanded or required by such Driver, 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 moreover such Driver shall forfeit, as a Penalty for such Exaction, 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 Calendar Month, unless the said Excess of Fare and the said Penalty shall be sooner paid.
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