Damage done by

driver may

from the

well of the proceedings before such justice as of the taking, keeping, and sale of the said hackney carriage, and of the said horse or horses and harness, the surplus (if any) of the said produce shall be paid to the proprietor of such hackney carriage.

LXIII. In every case in which any hurt or damage ba been caused to any person or property as aforesaid by the be recovered driver of any carriage let to hire, the justice before whom such driver has been convicted may direct that the proprietor of such carriage shall pay such a sum not exceeding five pounds as appears to the justice a reasonable compensation for such hurt or damage;

proprietor.

Improperly standing with car

riage; refus ing to give way to, or

obstructing

any other driver, or depriving

him of his fare.

Justices em

powered to award com

pensation to

drivers for

loss of time in attending

to answer complaints

not substantiated.

And every proprietor who pays any such compensation as aforesaid may recover the same from the driver, and such compensation shall be recoverable from such proprietor, and by him from such driver, as damages.

LXIV. Any driver of any hackney carriage who suffers the same to stand for hire across any street or alongside of any other hackney carriage, or who refuses to give way, if he conveniently can, to any other carriage, or who obstructs or hinders the driver of any other carriage in taking up or setting down any person into or from such other carriage, or who wrongfully in a forcible manner prevents or endeavours to prevent the driver of any other hackney carriage from being hired, shall be liable to a penalty not exceeding twenty shillings.

LXV. If the driver of any such hackney carriage be summoned or brought before any justice to answer any complaint or information touching or concerning any offence alleged to have been committed by such driver against the provisions of this or the special Act, or any byelaw made thereunder, and such complaint or information be afterwards withdrawn or quashed or dismissed, or if such driver be acquitted of the offence charged against him, the said justice, if he think fit, may order the complainant or informant to pay to the said driver such compensation for his loss of time in attending the said

justice touching or concerning such complaint or information as to the said justice seems reasonable;

And in default of payment of such compensation the said justice may commit such complainant or informant to prison for any time not exceeding one month, unless the same shall be sooner paid.

LXVI. If any person refuse to pay, on demand, to any proprietor or driver of any hackney carriage, the fare allowed by this or the special Act, or any byelaw made thereunder, such fare may, together with costs, be recovered before one justice as a penalty.

Penalty for refusing to pay the fare.

carriage.

LXVII. Any person using any hackney carriage plying Penalty for under a licence granted by virtue of this or the special Act, damaging who wilfully injures the same, shall for every such offence be liable to a penalty not exceeding five pounds, and shall also pay to the proprietor of such hackney carriage reasonable satisfaction for the damage sustained by the same;

And such satisfaction shall be ascertained by the justices before whom the conviction takes place, and shall be recovered by the same means as the penalty.

sioners may make bye

LXVIII. The commissioners may from time to time (sub- Commisject to the restrictions of this and the special Act) make byelaws for all or any of the purposes following; (that is to laws for

say,)

regulating hackney

For regulating the conduct of the proprietors and drivers of carriages. hackney carriages plying within the prescribed distance in their several employments, and determining whether such drivers shall wear any and what badges, and for regulating the hours within which they may exercise their calling:

For regulating the manner in which the number of each carriage, corresponding with the number of its licence, shall be displayed:

For regulating the number of persons to be carried by such hackney carriages, and in what manner such number is to be shown on such carriage, and what number of horses or other animals is to draw the same, and the placing of

Bathing.

Bathing machines.

check strings to the carriages, and the holding of the same by the driver, and how such hackney carriages an to be furnished or provided:

For fixing the stands of such hackney carriages and the & tance to which they may be compelled to take passengers not exceeding the prescribed distance:

For fixing the rates or fares, as well for time as distance, to

be paid for such hackney carriages within the prescribed distance, and for securing the due publication of such fares:

For securing the safe custody and re-delivery of any pro perty accidentally left in hackney carriages, and fixing the charges to be made in respect thereof.

And with respect to public bathing, be it enacted as fol lows:

LXIX. Where any part of the sea-shore or strand of any river used as a public bathing-place is within the limits of the special Act the commissioners may make byelaws for the following purposes; (that is to say,)

For fixing the stands of bathing machines on the sea-shore or strand, and the limits within which persons of each sex shall be set down for bathing, and within which per sons shall bathe:

For preventing any indecent exposure of the person by

the bathers:

For regulating the manner in which the bathing machines shall be used, and the charges to be made for the same; For regulating the distance at which boats and vessels let to hire for the purpose of sailing or rowing for pleasure shall be kept from persons bathing within the prescribed limits.

POOR LAW AUDIT CLAUSES.

7 & 8 VICT. CAP. 101.

SECT. XXXII. After providing for the creation of audit dis tricts, and the salaries of the auditors, enacts that:

and duties of

auditors.

Every auditor appointed for such a district shall have full The powers powers to examine, audit, allow, or disallow of accounts, and of items therein, relating to monies assessed for and applicable to the relief of the poor of all parishes and unions within his district, and to all other money applicable to such relief; and such auditor shall charge in every account audited by him the amount of any deficiency or loss incurred by the negligence or misconduct of any person accounting, or of any sum for which any such person is accountable, but not brought by him into account against such person, and shall certify on the face of every account audited by him any money, books, deeds, papers, goods or chattels, found by him to be due from any

person.

And if any such money, books, deeds, papers, goods or chattels, be not duly paid or delivered over as herein-before directed, the said auditor or any auditor subsequently appointed, shall proceed, as soon as may be to enforce the payment or delivering over of the same; and all monies so certified to be due by such auditor shall be recoverable as so certified from all or any of the persons making or authorizing the illegal payment, or otherwise answerable for such monies, and shall be recovered on the application of such auditor, or of any such auditor subsequently appointed, or by any person for the time being entitled or authorized to receive the same,

in the same manner (a) as penalties and forfeitures may recovered under the provisions of 4 & 5 Will. 4, c. 76.

be

And if any person from whom any such books, deeds, papers, goods or chattels may be due, neglect or refuse to deliver over the same to the person for the time being entitled or anthorized to receive the same, the person so neglecting or refusing shall be liable, on the complaint of any such auditor for the time being, or of the person entitled or authorized to receive the same, to the penalties and proceedings provided in the case of overseers refusing or neglecting to pay and deliver over to their successors any sum or sums of money, goods, chattels, and other things in their hands.

Certiorari

Sect. XXXIII. Makes certain enactments applicable to the overseers only, and concludes thus:

And it shall be lawful for any such auditor to require any person holding or accountable for any money, books, deeds, papers, goods or chattels, relating to the poor's-rate or the relief of the poor, to produce to such auditor his accounts and vouchers, and to make or sign a declaration with respect to such accounts;

And so often as such person neglects or refuses to attend, either at the audit or any adjournment thereof, when so required by such auditor,-or to produce to him such accounts or vouchers, or any of them,-or to make or sign a declaration with respect to his accounts, if thereunto required by such auditor, he shall be liable for every such refusal or neglect to forfeit forty shillings, to be recovered as penalties and forfeitures under the said first-recited Act, (4 & 5 Will. 4, c. 76,) --or if he wilfully make or sign a false declaration in respect of such accounts he shall be liable to the penalties of perjury.

XXXV. And be it enacted, that if any person aggrieved by allowances or any allowance, disallowance, or surcharge, by any such auditor

for auditors'

(a) Note, the justices before whom the auditor proceeds to enforce his surcharge, cannot go into any question as to the correctness of his decision. They are compelled to enforce it. Reg. v. Linford, 7 E. & B.

950.