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Penalty on Persons acting as Drivers, &c. without having Licence and Badge; and on Proprietors suffering Persons to act as Drivers or Conductors not being licensed.
Proviso as to Persons being employed temporarily.
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XXXIII. It shall not not be lawful for any Person to act as Driver of any Hackney or other Carriage as aforesaid, or of any Job Horse, or as Driver or Conductor of any Stage Carriage, whether such Person shall or shall not be the Proprietor of such Carriage or Horse within the Limits of this Act, unless in each Case such Person shall have a Licence so to do, and a numbered Badge granted to him under the Authority of this Act and remaining in force; and every Person who shall act as such Driver or Conductor without such Licence and Badge, and also every Person to whom a Licence and Badge shall have been granted who shall sell or exchange, bestow or transfer, or let upon hire such Licence, or permit any other Person to use or wear such Badge, shall for every such Offence forfeit a Sum not exceeding Forty Shillings; and every Proprietor who shall knowingly suffer any Person not duly licensed under the Authority of this Act to act as Driver of any Hackney or other Carriage as aforesaid, or as Driver or as Conductor of any Stage Carriage of which he shall be the Proprietor, shall for every such Offence forfeit a Sum not exceeding Forty Shillings: Provided always, that nothing herein-before contained shall subject to any Penalty any Proprietor who shall employ any unlicensed Person to act as such Driver or Conductor as aforesaid for any Time not exceeding Twenty-four Hours, or any unlicensed Person who shall be so employed for the said Time, upon Proof being adduced by the Proprietor to the Satisfaction of the Justice before whom such Proprietor, Driver, or Conductor shall be required to attend to answer for such Offences respectively that such Employment was occasioned by unavoidable Necessity; and that every Proprietor who shall so employ such unlicensed Driver or Conductor, and every such unlicensed Driver or Conductor, shall be subject to all the Powers, Provisions, and Proceedings of and under this Act for any Act done by such Driver or Conductor during such Employment in like Manner as if such Driver or Conductor had been duly licensed.
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