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Special provisions as to proceedings for road offences.
Constabulary to take cognizance of offences, and summon offenders, if known, in any petty sessions district where the offence was committed or the offender is found.
If name of offender is not known, he may be arrested.
Proceedings if offender will not discover his name.
Horses, carriages, &c. of offenders may be detained;
and sold for payment of penalty and expences.
Removal of nuisances.
Compensation (not exceeding 40s.) for damage recoverable before justices from owners.
Owners may recover over against drivers.
Summons for the driver, &c. of stage carriage left with the book-keeper, &c. to be good service.
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14. The mode of proceeding as to any of the said offences committed upon public roads or streets shall be subject to the following special provisions:
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1. The county and sub-inspectors, head and other constables of the constabulary force, shall take cognizance of all such offences, and shall, in every case where the name and residence of any such offender is known or can be ascertained, summon him either before the justices of the petty sessions district in which the offence shall be committed, or before the justices of any other petty sessions district in which such offender may reside or be at the time of taking such proceeding; and such justices are hereby authorized to hear and determine such case, either upon the complaint of such county or sub-inspector, head or other constable, or of any other person:
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2. Where the name and residence of such offender shall be unknown and cannot be ascertained, he may, with or without any warrant, be arrested by any such county or sub-inspector, head or other constable, or any persons whom he may call to his assistance; and if any such person shall refuse to discover his name, it shall be lawful for the justice before whom he shall be taken, or to whom any such complaint shall be made, to commit him to gaol for any time not exceeding one month, or to entertain any proceeding against him for the penalty aforesaid by a description of his person and offence only, without adding any name or designation, but expressing in the proceedings that he refused to discover his name; and whenever any person having charge of any horse or other animal, or of any cart or other carriage, shall be so taken into custody by any county inspector, sub-inspector, head or other constable, it shall be lawful for such county or sub-inspector, head or other constable also to take charge of such horse, animal, cart, or carriage, and to deposit the same in some place of safe custody, as a security for payment of any penalty to which the person having had charge thereof may become liable; and it shall be lawful for the justices by whom the case shall be heard to order that, in default of such penalty, and the expences of keeping such horse, animal, cart, or carriage, being paid, the same shall be sold, for the purpose of satisfying such penalty and expences, in like manner as if the same had been subject to be distrained and had been distrained for the payment of the same:
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3. It shall be lawful for the county surveyor or road contractor, or any head or other constable duly authorized in writing by any justice of the county, to remove any of the herein-before mentioned objects which may be left on any public road or street contrary to the provisions of this Act, at the expence of the offender; and it shall be lawful for the justices at any petty sessions of the county, upon complaint of such surveyor, contractor, or constable, and upon proof of the expence incurred, to issue a warrant for the levy of such expences by distress and sale of the goods and chattels of the offender:
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4. In every case where any hurt or damage shall have been caused by the commission of any of the said offences, the justices, upon the hearing of the complaint, may, in addition to any penalty herein provided order the party offending, or, in case of an offence by the driver of any carriage, the owner of such carriage, forthwith to pay for compensation to the party aggrieved a sum not exceeding forty shillings (provided such amount of damage shall have been proved); and any sum which shall be so paid by the owner shall and may in like manner be recovered by him in a summary way before the justices from the driver through whose default such sum shall have been so paid, upon proof of the payment thereof pursuant to the order of the justices:
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5. Any summons issued by any justice, requiring any owner, driver, or guard of any public stage carriage to appear before him to answer any complaint for any such offence, shall be deemed good and sufficient service in case the same be left with the known or acting book-keeper, or with any other person having the care of any office where places are usually taken or parcels received for such carriage.
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