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TOWNS IMPROVEMENT (IRELAND) ACT 1854 - SECT 84

Penalty on driver for refusing to drive.

84. If the proprietor or driver of any hackney carriage agree beforehand with
any person to take for any job a sum less than the fare allowed by this Act,
or any byelaw made thereunder, such proprietor or driver shall be liable to a
penalty not exceeding [#2] if he exact or demand for such job more than the
fare so agreed upon; and no agreement whatever made with the driver, or with
any person having the care of any hackney carriage, for the payment of more
than the fare allowed by any byelaw made under this Act, shall be binding on
the person making the same, and any such person may, notwithstanding such
agreement, refuse to pay any sum beyond the fare allowed; and if any person
actually pay to the driver of any hackney carriage 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 a justice, to recover
back the sum paid beyond the proper fare, and moreover such driver shall be
liable to a penalty for such exaction not exceeding the sum of [#2]; and in
default of the repayment by such driver of such excess, or of payment of the
said penalty, the 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; and every proprietor or driver of any
hackney carriage who is convicted of taking as a fare a greater sum than is
authorized by any byelaw made under this Act shall be liable to a penalty not
exceeding [#2], and such penalty may be recovered before a 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 shall be returned to the party aggrieved, whose evidence shall be
admissible in proof of such offence.

© 1854 Crown Copyright

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