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London Hackney Carriage Act 1831

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This is the original version (as it was originally enacted).

XXVIIIWho shall be entitled to recover from the Drivers.

Provided always, and be it enacted, That every such Proprietor who shall pay any Penalty or Costs incurred by reason of any such Offence as aforesaid committed by such Driver shall be entitled to recover the same from such Driver in a summary Manner; and upon Complaint made in the Premises before any Justice of the Peace by the said Proprietor against the said Driver, such Justice shall inquire into the same, and shall cause the Sum which shall appear to have been so paid as aforesaid by the said Proprietor to be levied by Distress and Sale of the Goods of the said Driver; and for "Want of sufficient Distress, such Justice shall commit the said Driver to the Common Gaol or House of Correction, there to remain for any Time not exceeding Two Calendar Months, unless the said Sum shall be sooner paid ; and every such Imprisonment shall be with or without hard Labour, as such Justice shall direct: Provided always, that if the said Driver shall have been previously convicted of the Offence for which the said Penalty or Costs shall be so as aforesaid paid by the said Proprietor, then such Proceedings shall be had and taken against the said Driver upon such Conviction for Recovery of the Penalty and Costs in which he shall have been convicted as might have been had and taken thereon in case the said Penalty or Costs had not been paid by the said Proprietor, and upon Recovery thereof the Sum so paid by such Proprietor shall be repaid to him.

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