Cart Licensing Act 1873 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO SEPTIMO

VICT 1gRIJE B EGIN

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No. XIII.

AN ACT for Licensing Carts.

[Assented. to, 29th July, 1873.]

HEREAS it is expedient that the Local Boards established ment the fund at their disposal by the issuing of licenses for carts and. carriages within their respective Districts : Be it therefore, enacted by His Excellency the Governor of Western Australia and its Dependencies by and with the advice and consent of the Legis- lative Council thereof as follows:—

for the conservation improvement and making of roads in Preamble.

W the several Districts of the Colony should be empowered to supple-

1 ANY person using a cart on any road in. the Colony for iPtearr using a carton any

which cart the license hereinafter mentioned has not been obtained	road o obtain a license.	to
shall upon conviction thereof forfeit and pay any sum not less than One pound nor more than Ten pounds. Provided that the provi-sions of this Act shall not apply to the carts of persons licensed by
any Municipality or to the carts of His Excellency the Governor or to any cart used in the public service.

37° VICTORIT, No. 13.

" The Cart Licensing Act, 1873."

2 LICENSES under this Act shall be issued by sued persons I

By whom licenses to be and at such places in each district as the local road board in each

issued.

district shall from time to time decide and in the Form given in the

Schedule hereunto annexed.

The fees payable. 3 THE fees which shall be paid for such licenses shall be as

follows:—

1. For every cart drawn on two wheels the sum of Ten

shillings.

2. For every cart drawn on fonu wheels the sum of One

pound.

Provided however that the license fee of any cart the wheels whereof shall be Five inches or more in width shall not exceed one half of

any license fees which may be levied under this Section.

EVERY license shall authorise the use of one cart only

Every

E license to authorise 4

use of one cart only.

and shall be in force from the date thereof until the first day of

January next after the issuing thereof and no longer.

Name of owner and number5 ON every cart licensed to be used under this Act there shall

the licensed cart. body of the same the name of the owner thereof and of the district of license to be painted on be legibly painted on the front or off side of the cart and on the

of the Local Board from which the license for such cart has limn obtained and the number of such license ; the owner of any cart who

shall fail in this regulation shall on conviction forfeit and pay for

every such offence any sum not exceeding Forty shillings ; and the owner of any cart who shall use the same on any road of the Colony without having obtained a license for the same and who nevertheless shall keep painted on such cart any words or figures importing that a license has been obtained for such cart for the year during winch

he is so using the same shall on conviction thereof forfeit and pay

any sum not exceeding Ten pounds over and above any penalty to

which he may be liable for using such cart without having obtained a license for the same. Provided however that no spring cart solely

employed in conveying persons without hire shall be bound to

comply with the provisions of this Section.

Power to constables to 6 IT shall be lawful for any constable and also for any duly

examine any cart and. ask	elected member of a local roads board to examine any cart and to
questions.	demand from the person in charge his name and address and whether
such cart is licensed; and every such person who shall ret inae to
answer or who shall give a false answer when applied to as athresaid
shall upon conviction forfeit and pay any sum not exceeding Forty
shillings.

37° VICTORI2E, No. 13.

" The Cart Licensing Act, 1873."

7 THE Road Board in each district shall from time to time Every Road Board to pub-

cause to be published in the Government Gazette a list of the	lish alist of licenses granted.
licenses which they may issue under this Act.

8 ALL sums received for licenses under this Act and all sums All fees for licenses and all penalties inflicted to go to

arising from any penalties or forfeitures hereinbefore mentioned shall

the road board to which the

after deducting expenses be dealt with and applied by the local

fees are paid or within whose district penalties

board within whose district such sums have been received or such

inflicted.

penalties and forfeitures inflicted for the purposes enumerated in the

Fifth Section of " The District Roads Act, 1871."

9 THE term cart in this Act shall mean any description of Definition of Cart.

cart waggon or other vehicle with or without springs having two or

more wheels.

10 THIS Act shall be called " The Cart Licensing Act, 1873," and shall come into operation on and after the 1st day of January,	Act to come into operation
Short Title.
on January 1st, 1574.
1874."
11 ALL informations and proceedings in respect of offences against this Act shall be commenced within three calendar months after the offence shall have been committed and shall be heard and determined and the penalties and forfeitures in respect of the same shall be enforced according to the provisions of the Ordinance 14th Victoria No. 5.	Limitation of prosecutions.

In the name and on behalf of the Queen I hereby assent to

this Act.

FRED. A. WELD, Governor.

37° "ITICTORI 41, No. 13.

" The Cart Licensing Act, 1873."

SCHEDULE.

License.

lilElltn" certify that , of is

licensed, under "The Cart Licensing Act, 1873," to use on the roads of

this Colony one Cart, of wheels, and numbered, from the date hereof till the first day of 3-armory next ensuing, for which license he has paid the sum of £

Given under hand this day of 187 ,

For and on behalf of the Local Board

for the District.

By Authority: BIM:IA-RD PETREL, Government Printer, Perth.