Newcastle Paving and Public Vehicles Regulation Act No 16a (NSW)

No. XXXVI.

An Act to make more effectual provision for Paving certain Streets of the City of Newcastle and for the Licensing and Regulation of Public Vehicles within the said City. [13^ June, 1876.]

to cause a notice in t he form or to t he effect in t he Schedule here to annexed m a r k e d A signed by t h e Council Clerk and dated t he day of i ts

WH E R E A S it is expedient to m a k e more effectual provision Pav ing t h e Streets of t he City of Newcast le and for t he Licens ing	and Regu la t i on of Pub l i c Vehicles wi th in t he said City and its
vicini ty Be it therefore enac ted by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t h e advice and consent of t h e Legislat ive Counci l and Legis la t ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled and by t h e au thor i ty of t he same as follows :—

for

P A R T I .

As to Paving and Regulating Footioays.

1. I t shall be t h e du ty of t he Munic ipa l Council of Newcast le

i ts service to be left a t each house in t h e s t reets of t he said City described in t h e Schedule here to annexed marked C a long the foot­ way adjoining which t h e ke rb ing is now permanen t ly laid requ i r ing such footway to be paved w i t h such mater ia ls a n d in such m a n n e r as m a y be the re in ment ioned in every case where such footway shal l no t be so paved and to cause t he l ike not ice to be left a t each house in t h e said streets a long t h e footway adjoining which the kerb ing shall he re ­ after be pe rmanen t ly laid in every case where such footway shall n o t be so paved after such ke rb ing shall be so laid and such notices shall in t h e case of every occupied house be left wi th some inmate thereof a n d in t h e case of every unoccupied house be nailed or posted u p on some conspicuous p a r t thereof and copies of all such notices shall be k e p t in t h e office of said Munic ipa l Counci l or of t he Counci l Clerk a n d be open to t h e inspect ion of every cit izen of t h e said ci ty free of charge a t all t imes after service thereof as aforesaid.

2. I f t he owner of any house a t which such notice as aforesaid shall have been duly and lawfully left shall no t wi th in th ree ca lendar m o n t h s thereafter comply wi th such not ice by pav ing t h e footway adjoining t h e said house as hereinbefore men t ioned according to some uni form p l an and specification to be previously p repared by the sur­ veyor of t h e said Mun ic ipa l Council and kep t in t he office of t he said Council or of t h e Council Clerk aforesaid open to t h e inspection of any ci t izen of t h e said ci ty free of charge it shall be t h e d u t y of t he said Munic ipa l Council for thwith to cause such pav ing to be done and to keep an exact account of t he expense thereof in a book to be open also to t h e inspect ion of every cit izen of t h e said ci ty free of charge.

3 . I t shall be t he du ty of t he said Munic ipa l Council wi th in t h i r t y days after any such pav ing shall have been completed by t h e m adjoining any house to cause an account of t he cost thereof to be left a t such house in t h e same m a n n e r in which the said notices are he re ­ inbefore directed to be left and if t he owner of such house shall no t wi th in fourteen days after such account shall have been so left pay to t he Council Clerk aforesaid a t his office t h e a m o u n t of such account i t shall be lawful for such Munic ipa l Council by war ran t unde r t he h a n d of t h e Mayor and in t h e form or to t h e effect in t h e Schedule hereto annexed m a r k e d B to distrain upon the goods found in such house for t h e said a m o u n t and dispose of t h e same in l ike m a n n e r as is now prescr ibed by law wi th respect to ra tes distrained for by order of t h e said Munic ipa l Council and if such goods shall belong to any

t e n a n t and no t to t h e owner of such house such t e n a n t shall be a t

l iber ty to deduct t he a m o u n t which he may pay on such distress be ing m a d e from any ren ts due or to be paid to his immedia te landlord or be a t l iber ty to sue his immedia te landlord or t h e owner of such house for any damage he m a y sustain by non -paymen t by such owner of t h e cost of m a k i n g such pavemen t as aforesaid and t h e l ike r ights of deduct ion a n d sui t is hereby given to every in te rmedia te t e n a n t against his immedia te landlord or t h e said owner provided t h a t no such t e n a n t shall be enti t led to commence any action aga ins t his immedia te landlord or t he said owner unless he shall as soon as pract icable after t h e receipt of t he same h a n d over to such landlord or owner respectively t he not ice and account hereinbefore ment ioned.

4. Every footway t h a t shall no t hereafter be paved according to
t h e uni form p lan and specification to be prepared as aforesaid by t h e

surveyor of t he said Munic ipa l Counci l shall be deemed to be unpaved

for t he purposes of t h e Ac t .

5. W h e n and so often as any pavemen t of any footway shall requi re any repairs i t shall be t he du ty of the said Munic ipa l Council for thwi th to t ake t h e l ike steps and they shall exercise t h e same powers and use t he same form of notice and war r an t s as are herein­

before

before directed and given to t h e m wi th respect to pav ing in t h e first ins tance and the t enan t s shal l have t he l ike remedy agains t the i r immedia te landlord or owner as aforesaid.

6. I n t he const ruct ion of th i s A c t t h e word " owner " shall be

held to m e a n any one hav ing t h e immedia te beneficial	in teres t	in a n y
house land	or	he red i t amen t s .

7. W h e n any distress shal l be made for any s u m of money to be levied u n d e r t h e au thor i ty of th is A c t the distress itself shall no t be deemed unlawful nor shal l t h e p a r t y m a k i n g t h e same be deemed a t respasser ab initio on account of any subsequent i r regula r i ty wh ich shal l be afterwards done by the pa r ty dis t ra ining b u t t h e person aggrieved by such i r regula r i ty shall a n d may recover full satisfaction for the special damage in an act ion on t h e case.

8. The costs of levying or m a k i n g any distress unde r th i s A c t

should be those set forth in t he Schedule here to annexed m a r k e d D and

no other .

P A R T I I .

As to Regulating and Licensing Public Vehicles.

9. I t shall be lawful for t h e said Munic ipa l Council from t ime to t ime to m a k e by-laws regu la t ing t he mode of l icensing and con­ t ro l l ing publ ic vehicles and t h e drivers and conductors thereof wi th in t h e Munic ipa l dis tr ict of t he said City of Newcas t le Provided t h a t no l icense fee whatsoever unde r th is Ac t shall exceed t h e respective sums specified in t h e Schedule here to annexed marked E A n d provided fur ther t h a t such by-laws shal l have t h e force of law w h e n confirmed by the Governor wi th t he advice of t he Execu t ive Council and publ ished in t he Gazette b u t not sooner or otherwise Al l by- laws and all a l te ra t ions and repeals thereof made he reunder shall wi th in fourteen days of t h e confirmation thereof by the Governor w i th t h e advice aforesaid be laid before bo th Houses of P a r l i a m e n t if t h e n in Session

and if no t t h e n wi th in t h e first fourteen	days of t h e n e x t	ensu ing
Session thereof.

10. The product ion of t he Gazette w i th any such by-laws as

aforesaid contained the re in shall in any suit or proceeding whatsoever be sufficient evidence of every such by- law hav ing been duly m a d e

confirmed and publ ished as aforesaid.

1 1 . I t shall be lawful for t h e said Munic ipa l Council in such

by-laws to fix and appoin t t h e hour s wi th in which owners drivers and conductors respectively shall exercise the i r ca l l ing—the ages a t which drivers and conductors m a y be employed—the badges (if any) c lo th ing or uniform to be worn by such drivers and conductors respect ively— the n u m b e r descript ion equ ipment furni ture and gear of such vehicles— the n u m b e r of persons to be carr ied in t he same—the size and dimen­ sions of stage carriages omnibuses and cars—the n u m b e r and position of public s t ands—the a m o u n t to be paid for fares for t i m e or dis tance for t h e use of such vehic les—the safe custody of any proper ty which m a y be accidental ly or otherwise left in such vehicles Also to pre­ scribe t h e pun i shmen t of any misconduct of t he drivers and conductors and other persons a t t end ing to or manag ing such vehicles respectively whe ther by demanding or receiving more t h a n the authorized fares or otherwise or for not performing s tated journeys in t h e appointed t ime and to regula te all o ther mat te rs and th ings connected wi th t h e good

government and regula t ion of vehicles p ly ing for h i re as	hereinbefore
mentioned.

12. The said Munic ipa l Counci l are fur ther empowered in and by such by-laws to fix t he a m o u n t of fines and penal t ies to be imposed on t h e owners drivers and conductors of publ ic vehicles p ly ing for h i re for demand ing or receiving more t h a n t h e author ized fare or otherwise and for persons h i r ing such vehicles for f raudulent ly evading the p a y m e n t of such fares or for t h e b reach of any other by- law which t h e said Munic ipa l Council m a y m a k e in respect to such vehicles t he owners drivers conductors a n d manage r s thereof Provided always t h a t no such pena l ty shall exceed for a n y one offence the s u m of t en pounds .

13 . Al l fines penal t ies a n d forfeitures incur red unde r th is A c t

or unde r any by-laws made he reunder m a y be recovered in a s u m m a r y m a n n e r before any two Jus t i ces according to t he provisions of t h e A c t four teenth Victor ia n u m b e r forty-three and the Acts there in adopted or any A c t amend ing t h e same and shall be paid to t h e Council Clerk aforesaid or Treasurer of t h e Council if the re be such an officer.

14. Al l fines penal t ies and forfeitures recovered or received under th is A c t and u n d e r any by-laws m a d e he reunder and also all sums of money received for l icensing publ ic vehicles a n d all o ther income from whatever source ar is ing shall be paid to t he Counci l Clerk aforesaid who shall keep separate accounts of t h e moneys so received and the said moneys so received as aforesaid shall be applied by the said Munic ipa l Council in p a y m e n t of any expenses which m a y necessarily be incurred in car ry ing in to effect t h e provisions of this A c t and for t h e improvemen t and benefit of t he said ci ty.

15 . W h e n e v e r in. th is A c t t h e t e r m " p u b l i c v e h i c l e s " is used

t h e same shal l be he ld to m e a n any s tage carriage or omnibus—as

defined by any by-law u n d e r th is A c t — h a c k n e y carr iage coach car cabriolet or other vehicle p ly ing for h i re wi th in t h e said city and every wain waggon ca r t van or dray p ly ing for h i re wi th in t he said city and t h e distance from the corporate l imits thereof aforesaid and d rawn by one or more horses or other animals .

16.    The sections and par ts of t h e " Municipal i t ies A c t of 1 8 6 7 "

to t h e ex ten t set forth in t h e Schedule hereto annexed marked E are he reby repealed Provided always t h a t all licenses granted unde r any of t h e said repealed enac tmen t s and all lawful proceedings acts m a t t e r s and th ings done or commenced the reunde r and all offences agains t t he same or a n y by-laws or regula t ions made the reunder and all penal t ies fines and forfeitures incur red before t h e pass ing of th i s A c t shall be respectively as valid a n d effectual a n d be prosecuted and recovered in pur suance of t h e provisions of t h e said enac tmen t as if this A c t had n o t been passed.

17. This A c t shall come in to force on the first day of J a n u a r y

A n n o Domin i one thousand eight hund red and seventy-seven and m a y be cited as t h e " Newcast le P a v i n g and Publ ic Vehicles Regu la ­

t ion A c t . "

T H E

T H E S C H E D U L E S R E F E R R E D TO.

P A R T I .

SCHEDULE A.

Notice.

To the owner of the house at which this notice lias been left being No.

in street and (if occupied) now occupied by

You are hereby required within three calendar months fom the date hereof to pave the footway adjoining the abovementioned house according to the plan and specifications now in the office of the Council Clerk or Town Surveyor and open to your inspection and with the material herein mentioned that is to say with

and you arc further to take notice that unless you cause the said paving to be laid down within the time above specified the same will be executed by the Municipal Council of Newcastle and the cost thereof will be levied in pursuance of the provisions in that behalf of the "Newcastle Paving and Public Vehicles Regulation Act."

Dated this day of A.D. 187

(Signed) A.B. Council Clerk.

SCHEDULE B.

Warrant to Distrain.

To

WHEREAS on the	day of	last a notice was duly left at the house
No.	in	street in the City of Newcastle (and if occupied) then in the

occupation of requiring the owner thereof within three calendar months from the date of the said notice to pave the footway adjoining the said house according to the plan then in the office of the Council Clerk (or Council's Surveyor) And whereas the said owner did not comply with the said notice and the Municipal Council of the said city caused the said paving to be done And wdiereas the expense of the said paving amounts

to	And whereas an amount of the said expense was duly left at the said house on
the	day of and the amount thereof has not yet been paid into the hands
of the said Council Clerk	These are therefore to require and authorize you forthwith to

levy the said sum of together with the costs of these presents by distress and sale of the goods found by you in the said house and you are commanded to certify to me on

the day of what you shall do by virtue of this warrant.

Given under my hand at Newcastle this day of A.D. 18

(Signed)	A.B. Mayor.
SCHEDULE	C.	!

All that portion of the City of Newcastle known as Zaara Telford Pacific Watt Bolton Scott Newcomen Wolfe Perkin Hunter Xing Brown Church Pit Sidney Barker Ordnance Darby Blane Auckland Lower Church Laman Steel Union Brooks Railway Bruce Bull Dawson Melville Parry Tooke Kenrick Dumaresque Kemp Patrick Macquarie High Corlette Tyrrell M'Cormack Market Charlton and Council Streets Parnell-place Stevenson-place The Terrace Beid's-lane and the Market approaches.

C SCHEDULE 1).

SCHEDULE D.

8. d.

For every warrant of distress ... ... . . . . . . .. ... 2 0

For every levy ... ... . . . . . . . . . . . . . . . . . . 1 0

For man in possession each day or part of a day ... ... . . . 5 0

For inventory sale commission and delivery of goods not exceeding Is.

in the £ on the nett proceeds of sale.

P A R T I I .

SCHEDULE E.

Licenses.

On and after On and after ! On and after On and after

Proprietors of 1st January 1st April 1st July 1st October

in each year. in each year. in each year. in each year.

£ S. d. £ s. d. £ s. d. £ s. d.

Omnibuses ... . . . ... each G O O 4 10 0 3 0 0 1 10 0

Omnibus cars ... „ 5 0 0 3 15 0 2 10 0 1 5 0

Cars ... ... . . . ... „ 4 0 0 3 0 0 2 0 0 1 0 0

Hackney carriages ... ... „ | 3 0 0 2 5 0 1 10 0 0 15 0

Cabs ... . . . ... ... „ 2 0 0 1 0 0 0 15 0

Drays carts and vans ... . . . „ 2 0 0 1 0 0

Drivers ...	Yearly	0 10 0
Conductors	0 15 0

SCHEDULE F.

Number of Act.	Title of Act.	Extent of Repeal.
G Wm. IV. No. 2	An Act for regu­	The whole Act so far as it is applicable to stage
lating Stage Car­	carriages the licensed terminations of which are
riages in Newi	within the Municipal District of Newcastle.

South Wales.

31 Vic. No. 12 ...	An'Act to establish	Section 129 so far as it relates to or affects the
Municipalities.	Municipal Council of Newcastle and section 153 so far as it provides for the making by the said Council of by-laws for paving the streets and for the regulating and licensing public carriers and carters and vehicles plying for hire within the Municipality of Newcastle.

No. X X X V I I .