Tolls Amendment Act 1857 No 34a (NSW)
No. XXXVIII.
An Act to encourage the use of Broad Wheels
and to define the limits wi thout the City of
Sydney within which Toll-bars may be
erected. [18th March, 1857.]
| WH E R E A S it is expedient t o assimilate t he tolls upon drays | wagons pass ing over and us ing roads and br idges coming | |||||||
| wi th in | t h e operat ion of t h e Ac t s of Council second Wi l l i am the | |||||||
| F o u r t h |
|
and
t h e seventeenth Victor ia n u m b e r s ixteen and to encourage t h e use of broad wheels and to regu la te t h e erect ion of tol l -gates a t t he entrances of t h e City of Sydney Be i t therefore enac ted by the Queen ' s Most Exce l l en t Majesty by a n d w i t h t h e advice a n d consent of the Legis
| lat ive Council 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 the au thor i ty of | t he same as | fo l lows:— |
1. Upon and after t he first day of J a n u a r y nex t so m u c h of
t h e t h i r d section of t h e Act of Council second Wi l l i am t h e F o u r t h n u m b e r twelve as re la tes to t he tolls to be demanded paid and t aken for every wain wagon or o ther such carr iage wi th four wheels or for any horse or o ther an ima l above four d rawing t h e same shall be repealed.
2. There shall thenceforward be demanded paid and t a k e n a t t h e several tu rnp ike -ga tes referred to in t h e section aforesaid for every wain wagon or other such carr iage wi th four wheels according to t h e n u m b e r of horses or o ther an imals whereby t h e same shall be d rawn a n d for every horse or other an ima l above four d rawing any such carr iage t he same tol ls respectively as m a y now or a t any t ime here after be by law demanded for any car t dray or o ther such carr iage w i t h two wheels d rawn by t h e corresponding n u m b e r of horses or o ther an imals or for t he corresponding n u m b e r of horses or o ther animals above four drawing any such las t -ment ioned carr iage and no more a n y t h i n g in t h e said Act or in t h e Ac t of Council t h i r t e en th Victoria n u m b e r forty-one or in any notice published by the Com missioners n a m e d in and ac t ing unde r t h e au thor i ty of t h e th i rd
| section of | t he last reci ted A c t to t h e cont rary | no twi ths tand ing . |
3. U p o n and after t he first day of J a n u a r y one t housand e ight
h u n d r e d and fifty-nine every car t d ray wa in wagon or o ther such carr iage bo th or all t h e wheels whereof shal l be less t h a n five inches wide in t h e t y r e shall become and be liable to be charged double tol l .
4 . I t shal l thenceforward be lawful for any Trus tee or Commis sioner of any t u r n p i k e road or the i r lessee or for any collector of tolls or for any person ac t ing unde r t he au tho r i t y of any such Trus tee Commissioner lessee or collector to measure t h e b read th of t h e wheels of any wagon car t or o ther car r iage affected by t h e t h i r d section of th is A c t pass ing a long any such t u r n p i k e road before t h e same shal l
be allowed to pass t h r o u g h any toll ga te or ba r a t which tol l shal l be payable . 5. Every owner or driver of any such wagon car t or other carr iage after such measu r ing and examina t ion shal l have been law fully requi red refusing to pe rmi t t h e same or t u r n i n g or dr iving ou t of t h e road in order to avoid or evade t h e same or in any other way h inde r ing or obs t ruc t ing t he same or a t t e m p t i n g to pass t h r o u g h any toll gate or ba r before such measu r ing and examinat ion shall have been effected shall for every such offence forfeit and pay any sum n o t exceeding five pounds to be recovered before any Jus t i ce of t h e Peace.
6. A n y such car t wagon or o ther carr iage no t measured or n o t examined for any such reason as aforesaid may and shall be prevented from pass ing any fur ther A n d every collector or deputy or o ther per son appointed to collect t he tolls a l lowing any such wagon or o the r carr iage to pass his tol l ga te or ba r before or wi thou t such measur ing a n d examina t ion after t h e same shall have been lawfully requi red shall for every such offence forfeit and pay any sum no t exceeding five
pounds to be recovered in l ike m a n n e r . 7. N o t h i n g herein contained shall apply to any car t upon spr ings d rawn only by one horse or o ther an ima l or to any carr iage wha tever drawn by one or more horses used exclusively for ca r ry ing passengers or o the r persons and the i r luggage or for t h e carr iage of
H e r Majesty 's mai ls . 8. Tha t all wheels which shall no t be less t h a n five inches wide
shal l be cyl indrical t h a t is t o say of t h e same d iameter on t h e ins ide n e x t t h e carr iage as on t h e outs ide so t h a t w h e n such wheels shal l move on a flat or level surface t h e whole b read th of t h e wheel shall bear equal ly on such surface and t h a t t he pa r t s of every axletree which
is to say t h a t t h e p a r t of t h e ax le t ree inser ted in one wheel shal l no t shal l be inser ted in to t he naves of such wheels shall be hor izonta l t h a t form a n angle w i th t h a t p a r t of t he axletree which shall be inser ted in
t h e opposite wheel . 9. From and after t he pass ing of th is A c t no tol l-house ga te
ba r cha in or ra i l shall be bu i l t erected p u t u p or con t inued wi th in
three h u n d r e d ya rds of t he City of Sydney Provided never theless
t h a t no th ing here in conta ined shall affect a n y tol l-house ga te or ba r
a l ready erected on t h e roads leading to t h e Sou th H e a d a n d Randwick . 10. This A c t shall be styled a n d m a y be cited as t he " Tolls
A m e n d m e n t Ac t 1857 . "
No . X X X I X .
0
0
0