Section 41 Persons refusing to pay the driver his fare, or for any damage, may be committed to prison.

If any person shall refuse or omit to pay the driver of any hackney carriage the sum justly due to him for the hire of such hackney carriage, or if any person shall deface or in any manner injure any such hackney carriage, it shall be lawful for any justice of the peace, upon complaint thereof made to him, to grant a summons, or, if it shall appear to him necessary, a warrant, for bringing before him or any other justice such defaulter or defender, and, upon proof of the facts made upon oath before any such justice, to award reasonable satisfaction to the party so complaining for his fare or for his damages and costs, and also a reasonable compensation for his loss of time in attending to make and establish such complaint; . . . F1.