The Express.
London, England, 1853-08-13 00:00:00

11TH.

A gentleman residing in the Lancaster-road, Kensington-
park, Notting-hill, applied for a suiumons against a cab-
driver for refusing to take him as a fare.
The applicant stated that on Wednesday he went to
Meredith's-yard, io Kensington, for the purpse of en-
gaging a cab to attend at his house on Thur,day morning,
and carrys gentleman who was raying with him to the
London Bridge railway station, in order that he might be
in time for the half-past 9 o'clock train. He saw a person
is the yard, and be promisee that the cab should be at his
house at the time required. Applicant inquired what the
fare would be, and he was told ss. or ss. 8.1., and the man
also said he supposed he (the applicant) would not mind a
sixpence or two over. He said he did not care. He then
wrote down his addrees, for the cabman's guidance. On
Thursday morninglthe cabman was at the door at the time
mentioned—namely, at a quartet to 8 o'clock, and upon
applicant going out he commenced complaining that he
had not given the proper direction to his house, and
that he had some difficulty in finding it. He then asked
where he was to go to, and upon being told, and
the agreement entered into on the previous day, he
said that was not enough, and that the proper fare was Si.
or 9s. The eabman thou asked what train he wanted to
meet, and upon being told the half-put nine o'clock train,
he said he should not go with the fare, and then rode off.
The cabman was not abusive to him but was very insolent in
his conduct. He then went after the cabman to look at hie
badge, which he refused to show, and at the same time
threw up his head and made an indecent movement with
his mouth. Applicant was put to considerable inconveni-
ence in procuring a cab in time, and at fire station the
driver:wu only paid 6s. He believed the distance exceeded
6 miles from his house to the station.

Mr. Paynter did not think it was so much as 6 miles.
The applicant said he understood it was 4 miles and a half
from Notting-hill Gate to the Bank, and it was more
than a mile from the gate to his house, so that the distance
was quite 6 miles.
Mr. Paynter said in that case he had no power to great a
summons against the cabman for refusing to take him as
• fare, for a cabman was only bound to drove a distance of
six miles. The new cab act stated that any driver of a cab
should be bound to drive to any place within the limits of
the act, not exceeding a distance of six miles. The clause
also went on testy that if any cabman should refuse to
drive any such carriage for any time not exceeding one
hour, he shall be liable, thought it was a very odd
provision, for it would appear that a cabman could not be
Punished if he refused to drive after the hour had aspired.
When persona hire a cab by the hour they generally
wanted it for more than one hour, for if they did not they
would not engage it by the hour.
The applicant said the cabman had engaged to take the
fare from his house, end he thought he was bound to carry
out that engagement.
Mr. Paynter said he could not be punished in that court,
for he was out of the pale of the law. lie had no doubt the
cabman knew the law perfectly well, or he would not have
refused the fare. lie could not give him a summons for
refusing to take the fare, but the applicant could have a
summons for the insolent gesture.
The applicant wished to know what he was to do in fu-
ture when he wanted a cab to take him from his house to
the London-bridge station.
Mr. Filmier said he must employ two cabs, and he would
then be able to obtain redrew if it was required.
The applicant thanked the magistrate, and took the sum-
mons against the cabman for the insolent gesture and wilful
misbehaviour during his employment.