By a by-law of a railway company, no passenger was to be allowed to enter or travel in a carriage without having paid his fare and obtained a ticket, which the passenger was to shew whenever. required, and give up on demand before leaving the company’s premises. And any passenger not so producing or delivering up his ticket was to be required to pay the fare from the place whence the train originally started, or forfeit a sum not exceeding forty shillings.
Held: that this by-law only applied to the case of a person having and wilfully refusing to produce or give up his ticket, and not to the case of a person travelling without having paid for and obtained a ticket, with no intention to defraud the company.
Held: Also, that if the by-law extended to the latter case, it would have been illegal and void under the 8 Vict. c. 20, s. 109, as repugnant to section 103, which makes a fraudulent intention the gist of the offence of travelling without having paid the fare.
[1865] EngR 724, (1865) 6 B and S 861, (1865) 122 ER 1411, (1865-1866) LR 1 QB 10, [1865] UKLawRpKQB 12
Commonlii, Commonlii
England and Wales
Updated: 27 September 2021; Ref: scu.281636 br>