Butter

cab, driver, public, bye-laws, law, proprietor, fare, council and passenger

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Bye-laws are most usually met with by the public in the regulations imposed by local authorities, such as county, town, and district councils, and in the regulations adopted by railway, train, and dock companies. Here the bye-laws must be confirmed by the Local Government Board, the Board of Trade, or other superior authority, as the case may be, and until so confirmed they have no effect. And as has already been pointed out, though duly confirmed they must be reasonable and not against the law. Before confirmation, the public have always an opportunity to inspect the proposed bye-laws, and oppose them if necessary. The articles of association of a limited company are a further instance of a code of bye-laws. In this case the bye-laws may be said to depend both upon statute and charter; the former being the Companies Acts, which have set out the general law of the country relating to such companies, and the latter being the memorandum authorised by statute, and at the same time limiting the powers and operation of the company, and consequently the extent and scope of the articles.

law recognises a cab only by the name of a hackney-carriage, which means a carriage publicly plying for hire by intending passengers therein. It is not a stage carriage, as the passengers are not charged separate fares for their seats. Cabs are regulated. in London by special Acts, and in towns outside the metropolis by police regulations, and bye-laws under the Public Health Act, 1875. An intendine.. cab proprietor must have his cab certified by the local police authority as fit for public use ; have a plate thereon indicating such certification ; provide the cab with a check-string; mark on the cab the fact that it is licensed, and the number of persons it is licensed to carry ; exhibit a table of fares ; carry a lighted lamp in certain hours, and not obstruct the light or ventilation or annoy passengers by fixing notices or advertisements on the cab. A passenger will always find the number of the cab inside. The driver himself must also be licensed, and wear a badge with a number; if he has a dispute with the cab proprietor about wages or alleged neglect, it is to be settled by a magistrate. The proprietor keeps the driver's licence, but must return it upon the termination of the employment; should he deface it by writing a bad character upon it the driver may obtain compensation through a magistrate or damages in an action at law. Though the driver hires the cab and does not receive wages, the proprietor will still be liable for damages for any injuries caused by the driver in the course of his employment ; so also would he be liable to the driver if the latter sustained injuries through the bad condition of horse or cab. Damages up to £10 may be claimed in summary proceedings before a magistrate, by a person injured through wanton or furious driving, or carelessness or wilful misbehaviour of the driver.

If a cab is actually standing in a public place (other than a railway station) ready for and awaiting hire, the driver is bound to take any pas senger to any place within the limits prescribed by the local authorities. Should the passenger and driver have a dispute as to the proper fare payable, the driver must drive to the nearest police station, and if the passenger is found to be in the wrong he will be required to pay for the journey to the station. The fare is not payable until completion of the journey, but the driver may demand a reasonable sum as deposit ; he must not demand more than the proper or agreed fare. Where a passenger wrongfully refuses to pay the fare ; or hires a cab knowing, or having reason to believe, that he cannot pay the fare, or with intent to avoid payment ; or fraudulently endeavours to avoid payment ; or refuses to pay and also refuses to give his address; or gives a false address with intent to deceive, he may be im prisoned and required to compensate the driver. Should the proprietor or driver make default in compliance with the requirements of the law, he will be liable to various penalties and legal proceedings. The provisions of the London Cab and Stage Carriage Act, 1907, relative to taximeter cabs and the abolition of the privileged cab system will be found in the article CAB in the Appendix.

OABINET.—The Privy Council was formerly the adviser of the king in all weighty matters of state. Affairs were debated and determined in his presence, subject, however, to his pleasure. This body was, probably, too numerous for the despatch of executive business, and accordingly certain members would be selected by the king for more private advice, as persons in whom he had greater confidence than the rest. "The king can do no wrong" has always been, and still is, a constitutional doctrine of first import ance; but that his ministers may do wrong has always been, and still is, a well recognised possibility. The king has therefore no responsibility, for he acts only through and by his ministers, and it is upon them that all respon sibility rests. It was the selec%ion of special members of the council that gave birth to a separate class of ministers, and at the same time to the Cabinet as now constituted. The period when the change became decidedly marked was in the reign of Charles I., though no formal constitutional Change bad yet been made ‘' and in the reign of William III. the distinctiQn of the Cabinet from the Privy Council, and the exclusion of the latter from all business of state, became fully established. The Privy Council is, even now, occasionally assembled to deliberate on public affairs, but only those councillors attend who are summoned. All proclamations and orders still issue from the Privy Council, never from the Cabinet as such ; for to this day the law knows nothing of its existence.

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