London Hackney Carriages Act 1843

35 †Proprietors may be summoned to appear, and to produce the driver or conductor. In the case of proprietors failing so to do. U.K.

When any complaint shall be made before any justice of the peace against the driver of any hackney carriage, . . . F1 , for any offence committed by him against the provisions of this Act, or of the recited Act of his late Majesty, or of any order or regulations made in pursuance of this Act, it shall be lawful for such justice, if he shall think proper, forthwith to summon the proprietor of such carriage to produce before him, or such other justice of the peace as shall be then present, the driver . . . F1 by whom such offence was committed, to answer such complaint; and in case such proprietor after being duly summoned shall fail to produce the driver . . . F1 , it shall be lawful for the justice of the peace before whom such driver . . . F1 should be produced (if he shall think fit) to proceed, in the absence of such driver . . . F1 , to hear and determine the case in the same manner as if he had been produced, and to adjudge payment by the proprietor of any penalty or sum of money and costs in which the driver shall be convicted; and any sum of money which shall be so paid by the proprietor shall be recovered in a summary way from the driver . . . F1 by whose default such sum shall have been paid, upon proof of payment thereof pursuant to the order of the justice, and upon proof of service of the notice herein-after mentioned: Provided always, that if the justice of the peace shall deem it proper it shall be lawful for him, when such proprietor shall fail to produce his driver . . . F1 , without any satisfactory excuse to be allowed by such justice, to impose a fine of [F2 level 1 on the standard scale] upon such proprietor, and so from time to time as often as he shall be summoned in respect of such complaint, until he shall produce his driver . . . F1 ; and every proprietor so summoned to produce his driver . . . F1 shall cause to be given to such driver . . . F1 , or to be left at the abode specified in his licence, or (if such licence shall expire after the offence committed and before the hearing of the complaint) at his usual place of abode, a written notice of the time and place when and where such driver . . . F1 shall be required to attend; and if such driver . . . F1 shall not attend according to such notice, it shall be lawful for a justice of the peace to issue a warrant for his apprehension, and if after such notice any driver . . . F1 shall, without a reasonable excuse to be allowed by the justice, neglect or refuse to attend at the time and place therein mentioned, or (having previously left the service of the proprietor so summoned as aforesaid) shall not at the time and place of his attendance produce his licence, he shall forfeit the sum of [F2 level 1 on the standard scale], and so from time to time as often as he shall so neglect or refuse.

Textual Amendments

F1 Words repealed by Statute Law Repeals Act 1976 (c. 16), Sch. 1 Pt XVII

F2 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)–(9) and Criminal Justice Act 1982 (c. 48,SIF 39:1), s. 46

Modifications etc. (not altering text)

C1 Unreliable marginal note.