|
|
Compensation to be made to Party improperly summoned for refusing to hire.
|
XLI. 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 or upon the said Hackney Carriage, and shall upon the hearing of the Complaint produce sufficient Evidence to prove that such Hackney Carriage had been previously hired by an actual and bonâ fide Engagement for a Period of Time then to come, which Engagement could not have been fulfilled if the Carriage had been let to Hire to the Person so complaining, and it shall not appear that the said Driver used uncivil Language, or that he improperly conducted himself towards the Person complaining, or in case such Person so complaining shall not appear at the Time and Place specified in such Summons for the hearing thereof, the Justice before whom such Complaint shall be heard or such Default of Appearance shall be made shall order the Person who shall have summoned such Proprietor or 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, and in default of Payment thereof within Seven Days after the making of such Order shall cause the same to be levied by Distress and Sale of the Goods of the Person adjudged to owe such Compensation.
|
