Tolls Amendment Act 1861 No 9a (NSW)

No. XII.

An Act to amend so much of the " Tolls Amend­ ment Act 1857 " as relates to Broad Wheels . [25th April, 1861.]

WH E R E A S Be i t enacted by t h e Queen ' s Most Exce l len t Majesty by a n d wi th t he

i t is expedient to amend so m u c h of t he " Tolls

A m e n d m e n t Ac t 1857 " as relates to t he b read th of Whee l s

advice a n d consent of t h e Legislat ive Council and Legislat ive Assembly of N e w South Wales in Pa r l i amen t assembled and by t h e author i ty of t h e same as follows :—

1. The th i rd four th fifth s ixth seventh and e ighth sections of the said reci ted A c t are hereby repealed.
2. F rom the t ime when th is A c t shall t ake effect every car t d ray wain wagon or other such carr iage all t h e wheels whereof shall not be less t h a n five inches wide in t he t i re and shall be constructed and fixed or appl ied in conformity w i t h t h e provisions hereof shall be charged wi th half t h e toll only to which such car t dray wain wagon or o ther car r iage would otherwise be liable.
3. I t shal l thenceforward be lawful for any Trustee or Commis­ sioner of a n y T u r n p i k e R o a d or the i r Lessee or for any Collector of Tolls or for any person ac t ing under t h e au thor i ty of any such Trus tee Commissioner Lessee or Collector to measure t h e b read th of t he wheels of any car t d ray wain wagon or other carr iage in respect whereof a reduct ion of tol l is claimed unde r th i s Act and otherwise to examine t h e same t o ascer ta in t h a t t h e same are cons t ruc ted and fixed or applied in conformity wi th t he provisions hereof before such cart dray wain wagon or o ther carr iage shall be allowed to pass t h r o u g h any tol l ga te or ba r at which toll shall be payable a n d every owner or dr iver of any such ca r t dray wa in wagon or o ther carr iage who after such measur ing and examinat ion shall have been lawfully requi red shal l refuse to pe rmi t t h e same or who shal l t u r n or dr ive ou t of t h e road in order to avoid or evade t h e same or in any other way wilfully h inde r or obst ruct t h e same shall forfeit all r i gh t to a reduct ion of tol l to which he would otherwise have been ent i t led unde r the provisions hereof in respect of such car t dray wain wagon or o ther carr iage.

4. T h e reduc t ion of toll hereinbefore provided shall no t be c la imable or al lowed in respect of any car t dray wain wagon or other car r iage unless all t he wheels thereof in addi t ion to be ing five inches wide in t he t i re shall to the in tent and so t h a t when the wheels move on

on a flat or level surface t h e whole w i d t h of t he wheels shal l bear equal ly on such surface be const ructed and fixed or applied in conformity wi th t he following provisions namely Al l t he whee ls shall be cyl indrical t h a t is to say of t h e same diameter on t h e inside n e x t t h e carr iage as on t h e outside all t h e t i res of t h e wheels

shall be flat a n d every axle- t ree shal l be hor izonta l t h a t is t o say t h e

p a r t of t h e axle- t ree inser ted in one wheel shall n o t form an	angle
w i th t h e p a r t of t h e axle- t ree inser ted in t h e opposite	wheel .

5. This Ac t shall t ake effect on t he first day of J a n u a r y one

thousand e ight h u n d r e d and s ixty- two a n d not before and shal l be

styled and m a y be cited as t h e " T o l l s A m e n d m e n t Ac t 1 8 6 1 . "