Fremantle Carriage Ordinance 1868 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO SECUNDO

VICTORTIE REGI kij0

********************************$**********4.440*.ie4M*****

NO. VI.

AN ORDINANCE for Licencing Carriages in the Town

of Fremantle.

[ 3rd August, 1868. ]

in theTown of Fremantle, and to apply such fees in and His Excellency The Governor of Western Australia and its Depen,

towards the improvement of such town ; Be it therefore enacted byivHEREAS it is expedient to impose licence fees upon Carriages

dencies, by and with the advice and consent of the Legislative

Council thereof, as follows :-

Preamble.

1 THE Ordinances of the Legislative Council No. 14 of

No. 14, of 1850, and No. 2,

of 1854, repealed as to

1850, and No. 2 of 1854, in as much only as they apply to the	Fremantle,
said town of Fremantle, are hereby repealed.

IT shall not be lawful for any person residing in the said town of Fremantle to keep and use therein any carriage described in Schedule 2 of this Ordinance, and not therein stated to be exempted, who shall not have been licenced to keep and use the same under the provisions of this Ordinance ; and if any such person shall after the thirty-first day of December next, keep and use in such town any such carriage, without All carriages to be licensed.

2

32° VICTORI1E, No. 6.

Licencing of Carriages. Fremantle.

being duly licenced l as aforesaid, every such person shall forfeit and pay any sum not exceeding Ten pounds, upon conviction before one or more Justice or Justices of the Peace; and every such offender shall also be liable on such conviction,. to the pay. ment of the full fees payable in respect of every carriage so kept and used by such person, over and above the said penalty.

License issued by Chairman 3 EVERY person residing in the said town of Fremantle, desi- of Town Trust. rous of procuring a licence under this Ordinance shall apply in writing,

Schedule 1, to the Chairman of the Town Trust of Fremantle for such licence, stating in such application the number and. description of carriages kept and used by such person, and intended to be licenced, and whether to be used to ply for hire and the carrying of passengers and goods, and also the number of passengers and name of the driver ; and shall at the time of making such application pay to the said Chairman the sum or sums set forth in Schedule 2 to this Ordinance, as the proper fees to be paid in respect of the carnage or carriages described in any such application ; and every such annual licence shall be in force on and after the date thereof and until the thirty-first day of December in- clusive in each year; and upon receipt of such application, and the said sum or sums of -money, the said Chairman shall in all cases other than of Carriages to be used to ply for hire and the carrying of passengers and goods, issue an annual licence in the form in Schedule 3 to this Ordinance, to the person named in such appli- cation as aforesaid ; And in the case of a Carriage to be used to ply for hire and the carrying of passengers and goods, the licence shall be in the form hi Schedule 4 to this Ordinance, stating therein the name of the intended driver, the number of passengers and the quantity of luggage which upon inspection of the said vehicle the same shall appear qualified and able to carry without danger to the passengers or cruelty to the horses; And the said Chairman may on application authorize a change of driver, and may from time to time insert the name of such newly appointed driver in such licence.

Licence for broken period. 4 IT shall be lawful for the said Chairman, after the thirty-first day of March in each year, to grant a licence under this Ordi- nance for any broken period of the year ending the thirty-first day of December, upon payment of a proportionate amount for the same, not being less than one-fourth the full amount of fees payable for the entire year.

Licence may be transferred. 5 IF any person licenced under this Ordinance shall die

before the expiration of the term of his licence, or shall be

32° VICTORIA, No. B.

Licencing of Carriages. .Fremantle.

desirous of transferring his licence to any other person, it shall be competent for such Chairman to transfer such licence by en- dorsement to the executor or administrator of the person so dying, or to the appointee of the person so desirous of trans- ferring as aforesaid, upon payment of a fee of one shilling for such transfer.

Peace to declare void the licence of any person residing in the void. 6 IT shall be lawful for any two or more Justices of the Licences may be declared

said town of Fremantle and there keeping and using a carriage in the course of trade, or to be let out for hire, who upon complaint made and proof before such Justices on oath, shall be found guilty of dishonest or other improper conduct, and such licence shall thereupon be null and void.

licence; and all sums arising from any penalties or forfeitures, penalties. 7 ALL sums received for licences and for transfers of Application of fees and

under this Ordinance, shall be paid to the said Chairman, and be by him applied in Fremantle aforesaid, in and towards the purposes of the Ordinance intituled. An Ordinance to provide 14 V. 15.

for 'the Improvement of Towns in the colony of Western Australia.

8 THIS Ordinance shall come into force and take effect on and Date of operation.

after the First day of January next after the passing hereof.

use, the , expression "The Fremantle Carnage Ordinance, 1868." 9 IN referring to this Ordinance it shall be sufficient to Short title.

10 THE provisions of the Ordinance No. 12 of 1866, regula- 30th Vie., No. 12.

ting the inspection, fitness and approval of the vehicle and driver respectively, shall, together 'with the general enactments of the said. Ordinance, be applicable to the licences hereby authorized as if the said provisions were herein repeated.

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council,

this 3rd day of August, 1868. I

G. E. HAMPTON,

Clerk of the Council.

SCHEDULE

32° VICTORI2E, No. 6.

Licencing of Carriages. Remantle.

SCHEDULE 1.

To the Chairman of Fremantle Town Trust,—

I hereby apply for a Licence under " The Fremantle Carriage

Ordinance, 1868," for a [describe the vehicle ; and if used to ply for

hire and the carrying of passengers and goods, state the number of

passengers and name of the driver.]

Dated, &c. A. B.

SCHEDULE 2.

FEES PAYABLE ANNUALLY ON LICENCES.

£ s. d.

For every carriage, cart, or other vehicle drawn by

horse, pony, ass, mule, bull, or bullock ............ , 10 0

For same when kept to ply for hire, or to carry passengers or goods in the course of trade, or to belet out to hire ....................................... 0 0

1

EXEMPTIONS.

1.    Any Cart or Carriage belonging to Her Majesty or The Governor.

2.     Any Carriage belonging to an officiating Minister of Religion.

SCHEDULE 3.

LICENCE.

Whereas (A. B.) the owner of a certain Carriage being a (here insert the kind of Carriage) has applied to me to grant him a licence

to keep and use such Carriage ; and I have this day received the sum of money payable under " The Fremantle Carriage Ordinance, 1868," in respect of such carriage, I do therefore hereby grant to the said (A.B.) a licence to keep and use the said Carriage until the first day of January next ensuing. Given under my hand this'

day of 18

C.D. Chairman, Fremantle Town Trust.

SCHEDULE 4.

(A.B.) is hereby licenced to keep, employ, and let to hire for the

carriage of passengers a [here describe the vehicle] to be drawn by

[number of horses or other animals and to carry [number of passenc gers and lbs weight of luggage] such vehicle to be driven by [here insert the name and description of driver] and this licence will remain

in force until the 31st day of December next. Given under my.

hand this day of 18

C.D. Chairman Fremantle Town Trust.

Printed by Authority of Government Western Australia.