C (sect. 78). The driver of any carriage whatsoever,
by negligence or misbehavior, causing any hurt or
damage to any person, horse, cattle, or goods con-
veyed in any carriage passing on the highway, is
liable to a penalty not exceeding 57. in the case of
the driver, or 107. if the driver is also the owner.
D. The driver of a carriage quitting the same, and going
behind the hedge or fence of the highway, is liable
to a similar penalty as in C.

E. The driver of a carriage, negligently or wilfully
being at such a distance from such carriage, or in
such a situation that he cannot have control of the
horses or cattle drawing the same, is liable to a
similar penalty as in C. (e).

F. The driver of a carriage leaving the carriage on the highway so as to obstruct the same, is liable to a similar penalty as in C.

G. The driver of a waggon, cart, or carriage meeting another waggon, &c., and not keeping on the left or near side, is liable to a similar penalty as in C. H. The driver of a waggon, cart, or carriage wilfully interrupting the free passage of a highway, is liable to a similar penalty as in C.

J. Any person driving any sort of carriage furiously, so as to endanger the life or limb of any passenger, is liable to a similar penalty as in C. (ƒ).

Where in the case of furious driving the person having charge of the carriage has actually caused bodily harm, he is liable to commitment for trial for an indictable misdemeanour under 24 & 25 Vict. c. 100, s. 35.

K (sect. 72). If a person wilfully drives any carriage upon a footpath or causeway by the side of the road, and set apart for the use and accommodation

11 Vict. c. 89, s. 28). As to what is a compliance with the section, see Robertson v. Birkett, 32 L. T. (O. S.) 105.

(e) See Phythian v. Baxendale, (1895) 1 Q. B. 768, driver leaving carriage by side of road.

(f) A bicycle is a carriage for the purposes of this section: Taylor v. Goodwin, 4 Q. B. D. 228; 40 L. T. (N. S.) 458. See also motor cars, sect. 1 (1) (b) of the Act of 1896, and sect. 20 (1) of the Act of 1903.

of foot passengers, he is liable to a penalty not exceeding 40s. (g).

L (35 & 36 Vict. c. 94, s. 12). Every person who, in any highway or public place, is drunk while in charge of any carriage or steam engine, is liable to a penalty of forty shillings, or to imprisonment with or without hard labour for a term not exceeding one month.

The penalties payable under the headings A to K, inclusive, are to be paid to the surveyor of highways under sect. 103 (half being payable to the informer); there is a right of appeal to Quarter Sessions conferred by sect. 105.

Somewhat similar provisions as to offences on highways or in streets by drivers or owners of carts and carriages are found in the Towns Police Clauses Act, 1847 (h), and the various Metropolitan Management or Police Acts (i).

The powers of boroughs and county councils to make general bye-laws in relation to the regulation of traffic, and carriages generally, are exercised by them respectively under sect. 23 of the Municipal Corporations Act, 1882 (), and under the Highways and Locomotives (Amendment) Act, 1878 (1), and under the Local Government Act, 1888 (m), and under the Locomotives Act, 1898 (n).

These bye-laws may be made to affect carriages of all classes, and the last three Acts refer especially to bicycles, and to other carriages of that class, and to locomotives.

In most, if not in all counties, bye-laws have now been issued compelling the drivers of all vehicles to carry a lamp or lamps attached to their vehicles and exhibiting a light after sunset in the direction in which the vehicle is proceeding (0).

Motor cars used as public stage or hackney carriages and plying for hire will be subject to the laws appropriate to those classes of vehicles. The Acts relating to these classes

(g) As to what is the meaning of "by the side of a road," see Reg. v. Pratt, L. R. 3 Q. B. 64; 37 L. J. M. C. 23. Driver includes "rider": Williams v. Evans, 1 Ex. D. 277; 35 L. T. 864.

(h) 10 & 11 Vict. c. 89.

(i) See Metropolitan Police Act, 1839, ss. 52-54, and Metropolitan Streets Act, 1867.

(k) 45 & 46 Vict. c. 50, s. 23.

(7) 41 & 42 Vict. c. 77, s. 26.

(m) 51 & 52 Vict. c. 41, ss. 16, 85.

(n) 61 & 62 Vict. c. 29.

(0) Cf. Art. II. (7) (i.) of the Local Government Board Regulations, 1904, applying to motor cars, at p. 10.

are cited with references to the sections, and with the full effect of those sections in a condensed form, so far as these sections appear to affect the user of any vehicles, including motor cars, upon the highway (p).

The Stage Carriages Act, 1832 (q).

Under this Act the following are the requirements in regard to stage carriages (the section (5) defining what is a stage carriage in that Act, is repealed by the Inland Revenue Act of 1869), which are relevant to the present subject:Sect. 36. The name of the proprietor to be painted conspicuously on each side of the stage carriage. Penalty for breach, 57.

Sects. 37 and 43.-Regulations as to passengers or luggage to be carried outside. Penalty for breach, 51.

Sect. 47.-Driver or conductor using abusive language or assaulting a passenger. Penalty for breach, 51.

Driver permitting another person to drive, same penalty.

Sect. 48.-Driver or guard endangering safety of any person or property by furious driving, negligence, &c. Penalty, 51.

Sect. 49.-The owner is liable for all penalties under this Act if the driver or guard cannot be found.

Under the Stage Carriages Act, 1842 (r).

Sects. 13, 14, 15, 16, 17, 18, require that particulars of the number of passengers to be carried shall be painted up, and that no passengers in excess of that number be carried. Penalty for not painting up particulars, 107.; for other offences, 57.

The information is to be laid within ten days from the offence.

(p) For definitions, see note to sect. 1, supra, Chap. I.

(g) 2 & 3 Will. 4, c. 120.

5 & 6 Vict. c. 79. These sections also apply to the metropolis.

Under the Towns Police Clauses Act, 1847 (s). Sect. 38.-Definition of hackney carriage as any wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street (t). Sect. 45.-Proprietor allowing hackney carriage to ply for hire, or person driving or plying for hire, without a licence (u). Penalty, 40s. (x).

N.B. The earlier sections deal with the granting of licences (x).

Sect. 47.-Driver acting without a licence. Penalty, 20s. Sect. 48.-Proprietor to retain licences of drivers in his employ, and to produce same when necessary. Penalty for neglect, 40s.

Sect. 49.-Proprietor to return licence to driver on quitting service. Compensation if licence wrongfully with

held.

Sects. 51 and 52.-Number of persons to be carried is to be painted on the hackney carriage; and that number must be carried, if required. Penalty, 40s. (not exceeding).

Sect. 53. Driver refusing to drive without reasonable cause. Penalty, 40s. (not exceeding).

Sect. 54.-Proprietor or driver demanding more than agreed, though less than legal, fare. Penalty, 40s. (not exceeding).

Sect. 55.-Agreement to pay more than legal fare is not binding, and the excess paid may be recovered back in addition to penalty of 40s. being imposed on the driver.

Sect. 57.-Driver refusing to wait or to account for deposit made or paid for waiting. Penalty, 40s. (not exceeding).

Sect. 58. Overcharge by proprietor or driver. Penalty, 40s. (not exceeding), and overcharge to be returned.

(s) 10 & 11 Vict. c. 89. The sections dealing with hackney carriages are, so far as relate to urban districts, incorporated by sect. 171 of the Public Health Act, 1875.

(t) The time during which such a carriage is to be deemed to be a hackney carriage is not limited to the actual periods during which it stands or plies for hire Hawkins v. Edwards, (1901) 2 K. B. 169; 70 L. J. K. B. 597; 84 L. T. 532.

(u) This section was extended to omnibuses by the Towns Police Clauses Act, 1889. See also Public Health Act, 1875, s. 171.

(x) See sects. 37-44.

Sect. 59.-Proprietor or driver allowing any person to be carried on hackney carriage without leave of hirer. Penalty, 20s. (not exceeding).

Sect. 60.-No person to act as driver without consent of owner. Penalty, 40s. (not exceeding).

Sect.

61.-Intoxication, wanton or furious driving, or other wilful conduct endangering life, limbs, or property. Penalty, 57. (not exceeding), or committal to prison (not exceeding two months) in default of payment. Sect. 62.-Driver of hackney carriage leaving same unattended in street or public place. Penalty, 20s.

Sect. 63.-Damages done by the driver may be recovered by the person to whom they are done from the proprietor, and then by the proprietor from the driver (y).

Sect. 64.-Driver improperly standing with hackney carriage, obstructing, depriving, or endeavouring to deprive, another driver of his fare. Penalty not to exceed 208.

Sect. 65. Where a complaint against a driver is not substantiated, compensation may be ordered.

Sect. 66.-Refusal to pay fare by the hirer; this, with costs, may be recovered as a penalty (≈).

Sect. 67.-Hirer doing wilful damage to a hackney carriage. Penalty is not to exceed 57.; but, in addition, reasonable satisfaction may be ordered.

Sect. 68. The Commissioners may make bye-laws for the following purposes :

For regulating the conduct of proprietors and drivers; for determining whether drivers shall wear badges; for regulating hours.

For regulating the manner in which the number of the carriage, corresponding with that on the licence, shall be shown.

For regulating the number of persons to be carried, and in what way such number to be shown; for regulating the number of horses, the placing of check-strings, and the furnishing of such carriages.

(y) See also Chap. III., p. 133, as to the remedy of the private individual by action at law for damages.

(z) A civil debt only; non-payment is not an offence: Reg. v. Kerswill, (1895) 1 Q. B. 1. It is recoverable as a civil debt under sect. 35 of the Summary Jurisdiction Act, 1879.