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The Pamphlet Collection of Sir Robert Stout: Volume 29

Owner to be liable for penalties in cases where driver cannot be found

Owner to be liable for penalties in cases where driver cannot be found.

14. Whenever it shall happen that the driver or other person having the care of any common or public carriage or employed in or about the same shall have committed any offence against this Ordinance for the commission whereof any penalty is by this Ordinance imposed upon such person so offending and not upon the proprietor of such carriage and such person so offending shall not be known or being known cannot be found then the proprietor of such carriage shall be liable to every such penalty as if he had been the person actually offending : Provided always that if any such proprietor shall make out to the satisfaction of the Justices of the Peace by whom any complaint or information shall be heard by sufficient evidence not resting on his own testimony that the offence was committed without the privity or knowledge of such person and that no profit advantage or benefit either directly or indirectly has accrued or can accrue to such proprietor therefrom and that he has used his endeavour to find out such driver or other person so offending and giving all reasonable information in answer to enquires respecting him such Justice shall discharge such proprietor from such penalty and shall levy the same upon such driver or other person actually offending.