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Sheffield Corpn v Kitson
[1929] 2 KB 322, 27 LGR 533, 93 JP 135, 98 LJKB 561, 28 Cox CC 674, 73 Sol Jo 348, 142 LT 20, 45 TLR 515

Court: DC
Judgment Date: circa 1929


Not Followed Jobson v Henderson (1900) 64 JP 425, 19 Cox CC 477, 82 LT 260 DC circa 1900

ROAD TRAFFIC - TRAFFIC REGULATION - OCCUPATIONS AFFECTING TRAFFIC IN STREETS - STREET OCCUPATIONS AND OFFENCES OF BEHAVIOUR - OFFENCES UNDER THE TOWN POLICE CLAUSES ACT 1847 - PROCEEDINGS UNDER TOWN POLICE CLAUSES ACT 1847 (C 89) S 47 — CONSENT OF ATTORNEY-GENERAL

A corporation was convicted upon an information preferred on behalf of a limited company under above section by one of its directors, for permitting a motor omnibus to be used as a hackney carriage within the prescribed area, without having obtained the necessary licence under the Act:

Held Public Health Act 1875 (c 55) s 253, takes the place of Town Police Clauses Act 1847 (c 89) s 73, which enabled ‘any person’ to recover penalties for offences against that Act, and therefore except in the case of information by a party aggrieved or the local authority for the district, the consent of the Attorney-General is now a condition precedent to proceedings for the recovery of penalties under the Town Police Clauses Act 1847 (c 89).