London Hackney Carriage Act 1831

All pecuniary penalties and costs incurred by reason of any offence committed by the driver of any hackney carriage against the provisions of this Act shall, unless such driver shall pay the same, be levied by distress and sale of the goods of the proprietor of such hackney carriage, . . . F52.

• Provided always, that every such proprietor who shall pay any penalty or cost 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; . . . F53

• 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.

Every hackney carriage which shall be found standing in any street or place, . . . F12 shall, unless actually hired, be deemed to be plying for hire, although such hackney carriage shall not be on any standing or place usually appropriated for the purpose of hackney carriages standing or plying for hire; and the driver of every such hackney carriage which shall not be actually hired shall be obliged and compellable to go with any person desirous of hiring such hackney carriage; and upon the hearing of any complaint against the driver of any such hackney carriage for any such refusal such driver shall be obliged to adduce evidence of having been and of being actually hired at the time of such refusal, and in case such driver shall fail to produce sufficient evidence of having been and of being so hired as aforesaid he shall forfeit F13level 1 on the standard scale.

Provided always, that if the driver of any hackney carriage shall in civil and explicit terms declare to any person, desirous to hire such hackney carriage that it is actually hired and shall afterwards, notwithstanding such reply, be summoned to answer for his refusal to carry such person in his said hackney carriage, and shall upon the hearing of the complaint produce sufficient evidence to prove that such hackney carriage was at the time actually and bona fide hired, and it shall not appear that he used uncivil language, or that he improperly conducted himself towards the party by whom he shall be so summoned, the justice before whom such complaint shall be heard shall order the person who shall have summoned such driver to make to him such compensation for his loss of time in attending to make his defence to such complaint as such justice shall deem reasonable, . . . F14

If any person shall refuse or omit to pay the driver of any hackney carriage the sum justly due to him for the hire of such hackney carriage, or if any person shall deface or in any manner injure any such hackney carriage, it shall be lawful for any justice of the peace, upon complaint thereof made to him, to grant a summons, or, if it shall appear to him necessary, a warrant, for bringing before him or any other justice such defaulter or defender, and, upon proof of the facts made upon oath before any such justice, to award reasonable satisfaction to the party so complaining for his fare or for his damages and costs, and also a reasonable compensation for his loss of time in attending to make and establish such complaint; . . . F17.

Where any hackney carriage shall be hired and taken to any place of public resort, or elsewhere, and the driver thereof shall be required there to wait with such hackney carriage, it shall be lawful for such driver to demand and receive from the person so hiring and requiring him to wait as aforesaid a reasonable sum as a deposit, over and above the fare to which such driver shall be entitled for driving thither, which sum so demanded and received shall be accounted for by such driver when such hackney carriage shall be finally discharged; [†Penalty on such driver refusing to wait, or to account for the deposit, 40s.] and if any such driver who shall have received any such deposit as aforesaid shall refuse to wait with such hackney carriage at the place where he shall be so required to wait, or if such driver shall go away, or shall permit such hackney carriage to be driven or taken away, without the consent of the person making such deposit, before the expiration of the time for which the sum so deposited shall be a sufficient compensation . . . F21 or if such driver on the final discharge of such hackney carriage shall refuse duly to account for such deposit, every such driver so offending shall forfeit F22level one on the standard scale.

If the proprietor or driver of any hackney carriage which shall be hired shall permit or suffer any person to ride or be carried in, upon, or about such hackney carriage, without the express consent of the person hiring the same, such proprietor or driver shall forfeit F25level 1 on the standard scale.

If any proprietor or driver of any hackney carriage . . . F26 shall wrongfully, in a forcible or clandestine manner, take away the fare from any other such proprietor or driver who, in the judgment of any justice of the peace before whom any complaint of such offence shall be heard, shall appear to be fairly entitled to such fare; every such proprietor, driver, . . . F27 so offending shall forfeit F28level 1 on the standard scale.

If the proprietor or driver of any hackney carriage, or any other person having the care thereof, shall, by intoxication, or by wanton and furious driving, or by any other wilful misconduct, injure or endanger any person in his life, limbs, or property, or if any such proprietor or driver, . . . F31 shall make use of any abusive or insulting language, or be guilty of other rude behaviour, to or towards any person whatever, or shall assault or obstruct . . . F32 any officer of police, constable, or other peace officer, watchman, or patrole, in the execution of his duty, every such proprietor, driver, . . . F31 or other person so offending in any of the several cases aforesaid, shall forfeit F33level 1 on the standard scale , . . . F34 and after the conviction of any such proprietor . . . F31 for any such offence as aforesaid it shall be lawful for the commissioners of stamps, if they shall think fit, to revoke the licence of any such proprietor . . . F31, and to refuse to grant him any further licence in future.

If any driver of a hackney carriage, . . . F35 shall be summoned or brought before any justice of the peace to answer any complaint or information touching or concerning any offence committed or alleged to have been committed by such driver . . . F35 against the provisions of this Act, and such complaint or information shall afterwards be withdrawn or quashed or dismissed, or if the defendant shall be acquitted of the offence charged against him, it shall be lawful for the said justice, if he shall think fit, to order and award that the complainant or informant shall pay to the said driver . . . F35 such compensation for his loss of time in attending the said justice touching or concerning such complaint or information as to the said justice shall seem reasonable; . . . F36.

Whenever in this Act, with reference to any person, animal, matter, or thing, any word or words is or are used importing the singular number or the masculine gender only, yet such word or words shall be understood to include several persons or animals as well as one person or animal, females as well as males, bodies politic or corporate as well as individuals, and several matters or things as well as one matter or thing unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.