London Hackney Carriages Act 1843

24 Proceedings with respect to licences on quitting service.U.K.

When any licensed driver . . . F1 shall leave the service of any proprietor such proprietor shall, upon demand thereof, return to him his licence: Provided always, that if the said proprietor shall have any complaint against the said driver . . . F1 it shall be lawful for such proprietor to retain the licence for any time not exceeding twenty-four hours after the demand thereof, and within that time to apply to the police court of the district in which the said proprietor shall dwell F2. . . for a summons against him; and the said proprietor, at the time of applying for the summons, shall deposit the licence with the clerk of such police court F2. . .; and in case any proprietor who upon demand thereof shall have refused or neglected to deliver to any driver . . . F1 his licence shall not within twenty-four hours, exclusive of Sunday or any day on which the police court shall not sit, apply for such summons, and deposit the licence as aforesaid, or shall not appear to prosecute his complaint at the time mentioned in the summons, it shall be lawful for such driver . . . F1 to apply at the same police court F2. . . for a summons against such proprietor; and upon hearing and deciding the case the justice, if he shall think there was no just cause for detaining the licence, or that there has been needless delay on the part of the proprietor in bringing the matter to a hearing, shall have power to order the said proprietor to pay such compensation to the said driver . . . F1 as the said justice shall think reasonable; . . . F1 and the justice shall cause the licence to be delivered to the said driver . . . F1, unless any misconduct shall be proved against him, by reason whereof the justice shall think that such licence should be revoked or suspended; and so long as any proprietor shall neglect to apply for such summons and deposit the licence, after demand thereof, any justice of the peace may in like manner from time to time order compensation to be paid by him to the same driver . . . F1; and no proprietor shall, under any pretext or by virtue of any claim whatever, retain beyond the time aforesaid the licence of his driver . . . F1.

Textual Amendments

F2Words in s. 24 repealed (27.9.1999) by 1999 c. 22, s. 106, Sch. 15 Pt. V(1)(with Sch. 14 paras. 7(2), 36(9))