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Agreement to pay to Driver more than legal fare not binding.
Extra Sum so paid may be recovered.
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XLIII. No Agreement whatever made with the Proprietor or Driver of any Hackney Carriage for the Payment of more than his proper Fare as fixed or limited by Law shall be binding or held to authorize any Overcharge whatsoever; and in case any Person shall be required to pay and shall pay to the Proprietor or Driver of any Hackney Carriage, whether in pursuance of an Agreement or not, any Sum exceeding the proper Fare, the Person paying the same shall be entitled, on Complaint made against such Proprietor or Driver before any Justice, to recover back the Sum paid beyond the proper Fare; and moreover such Proprietor or Driver shall forfeit, as a Penalty for such Exaction, a Sum not exceeding Forty Shillings; and in default of the Repayment thereupon of such Excess of Fare, or of Payment of the said Penalty, the Amount of such Excess and of such Penalty or of both, as the Case may be, shall be levied by Distress and Sale of the Goods of the Proprietor of such Hackney Carriage: Provided always, that if the Exaction in any such Case shall appear to have been made by a Driver he shall be responsible to the Proprietor for the Amount of the Exaction and the Penalty, which shall be recoverable from him in the Manner herein-before provided for Recovery by Proprietors of Penalties paid for Drivers.
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