The Express.
London, England, 1862-10-25 00:00:00

SOUTHWARK.

An adjourned commune of great importance respecting
cabs at railway stations came before Mr. Maude at this court
for hie decision, wherein William Beslep. cab driver, badge
No. 1,079, was charged u follows :—For that on the 3rd
day of October instant, at half-past nine in the evening, he did
in a certain place of public resort, to wit, the South Eastern
Railway station, in the parish of Saint Olave, Southwark,
unlawfully leave his hackney carriage unattended, contrary
to the statute. The court was rather iuconveniently crowded
by cab proprietors and others, anxious to hear the decision.
Mr. Barnard, from the office of Mr. Smith, solicitor, of
Stepney, appeared for the defendant; and Mr. Smith, the
secretary of the South London Cabmen's Club, attended to
watch the proceedings.
The complainant (Mr. Abercrombie Thompson), a gentle-
man connected with the India Board, stated that about
half-past sine on the 3rd instant be came by train to the
London-bridge Railway station, and seeing a cab in front
he jumped in, and called out for the driver. He bad a lady
with him, and had to remain a quarter oleo hour before
the driver came, consequently he was compelled to take
another cab to get home. Witness took the number of
defendant's cab, and on public grounds took out the present
111111111101 M

It was urged by the defendant on the fist occasion that
there were several other cabs attended by the drivers, and
that the gentleman bad an opportunity of engaging any
of them.
The defendant then contended that he was not bound
to be in attendance with his cab. He was privileged by
the railway company to enter their premises and take up
passengers according to the regulations of the railway com-
pany, which he was bound to abide by.
Mr. Thompson urged that • railway station in hi opinion
was a public place, and where there were cabs plying for
him they came under the meaning of the act of parliament.
He wanted the cab he selected, and be was determined to
see the law vindicated for the protection of the public.
Hr. Barnard did not dispute the facts as stated by the
complainant, but be contended that his client was not liable
under the sections of the act. He was a privileged cabman,
and paid Is. 6d. weekly to the railway company for being
allowed to stand inside their station. The summons
alleged that the defendant did in • certain place of public
resort leave his carriage unattended. This is not •
atatutable offence, as the words of the statute (1 & 2 Wm.
IV., cap. 22, sec. 55) are, " any street or road,
or at any place of public resort or entertainment."
The meaning of which is obvious, that it refers to the
public highway generally, and especially those portions of
the highway as places of public resort, and not in or upon
the places of public resort themselves ; otherwise there
I would have followed what was in the 6 and 7
Viet, cap. 86, sec. 33, "who by loitering or any wilful
misbehaviour shall cense any obstruction in or upon
any public street, road, or pla, ice." And the pro-
vision in the 55th sec. to prevent cabs being left unattended
at pima of public resort, has been rendered necessary by
the preceding section, via —" When any carriage shall be
hired and taken to any place of public resort or elsewhere, and
is desired to wait, be must do so, and can &mend a deposit.'
And it was to provide against the obstruction and incon-
venience that would arise in the public highway and place
of report by the hired cabman leaving the same I
unattended that this enactment was made. And,
hired or not, by the 13th Vic., cap. 7, see.
4, the Commissioners of Police are empowered to ap-
point standings for hackney carriages at such places unary
shall think convenient in any street. thoroughfare. or place
of public resort within the metropolitan police district, any
law statute, or custom to the contrary thereof Dotwith.
striding. The 16th and 17th Vic., cap. 33, sea 12, em-
powers commissioners to appoint person to enforce good order
at the standings. Such commissioners shall not have au-
thority. to appoint soy such within or upon premises
belonging to any railway company ; and probably the best, or
one of the beat tests that could be applied to a case like the
preset, with the view of ascertaining the intention of the
legislature on the subject, would be es follows:—Asses
that this railway company, like that of the Great Eastern
Company, or others, had their own cabs, and one
was left unattended in or upon their private
ground. Could it for a moment he pretended
that by virtue of and strictly following the di-
etitian; of this Bertha of the statute (55 see., cap. 22)
of the 1 arid 2 Wm. IV., say officer of polies or other
pollee officer, or watchman, or patrol, could be Justified is
driving sway any such hackney carriage weatled, and
would they not be trespassers,'ad treated an seek~?