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Proprietors to be summoned to appear and produce Drivers and their Licences, &c.
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XXXIV. When any Complaint, verbal or written, shall be made before any Justice against the Driver of any Hackney Carriage, Job Carriage, Stage Carriage, Cart, or of any Job Horse or Horses, or any Person having the Care thereof or plying for Hire therewith respectively, for any Offence committed by him against any of the Provisions of this Act, such Justice shall forthwith summon the Proprietor of such Carriage, Cart, Horse or Horses, and by the said Summons require the said Proprietor personally to be and appear, and to produce such Driver or other Person so complained against, together with the Licence and Badge (if any) theretofore granted to said Driver, to answer such Complaint, and for such Purpose every Proprietor who shall obtain any Licence under this Act, and who shall permit or employ any licensed Person to act as a Driver of any such Carriage or Horse, or as a Conductor of any such Stage Carriage, shall require to be delivered to him and shall retain in his Possession the Licence of such Driver or Conductor while such Driver or Conductor shall remain in his Service; and if any such Proprietor being duly summoned shall neglect or refuse personally to appear, or to produce such Driver or other Person so complained against, together with the said Licence and Badge, according to the Exigency of such Summons, without a reasonable Excuse to be allowed by the Justice before whom he and the said Driver ought to appear according to such Summons, such Proprietor shall forfeit a Sum not exceeding Forty Shillings, and so from Time to Time as often as he shall be so summoned until such Driver or other Person so complained against shall be produced by him to answer such Complaint: Provided always, that if such Proprietor shall neglect or refuse to appear or produce such Driver or other Person so complained against, together with the said Licence and Badge, in obedience to any Summons requiring him so to do, without a reasonable Excuse to be allowed as aforesaid, it shall be lawful for such Justice to proceed to hear and determine the said Complaint in the Absence of the said Proprietor and Driver or other Person complained against, or either of them, and upon Proof of such Offence by the Oath of One or more than One credible Witness to give Judgment against such Proprietor for a Penalty not exceeding Forty Shillings, and thereupon the said Justice is required to cause a Return of the said Judgment to be made forthwith to the said Commissioners, or to a Person duly authorized by them to receive the same.
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