Vehicle licensing, carts and carriers (1850) (WA)

VESTERN AUSTRALIA.

ANNO DECIMO QUARTO

VICTORIA: REGINA.

No. XIV.

An Ordinance for Licensing Carts and Car-

riers.

H BREA S it is expedient to make provision for the better regu- Preamble.

Sion of Carts and Carriers carrying goods or passengers for hire, within the limits of certain town-sites ;—Be it therefore en- acted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative

Council

14th Viet, No. 14. 1850,

Any person convey-	Council thereof, that from and after the first day of January next, any
ing goods or passen-
gers for hire, &e. in	person who shall convey by Cart between any two places within the
a town, to have a	limits of the town-sites of Perth, Fremantle, and all other town-sites
license.	to which the provisions of this Ordinance shall from time to time
be extended, by proclamation in the Government Gazette, any goods
or passengers for hire, any timber, firewood, stone, or other materials for sale, or who shall convey by Cart for sale or hire, into such town- site, from any place outside of the same, any timber, firewood, stone or other material, not being wool, sandal-wood, or agricultural or garden produce, without having first obtained such license for the
Penalty.	same as is hereinafter mentioned and required, shall, upon conviction for every such offence, forfeit and pay any sum not exceeding Ten pounds.

IL AND be it enacted, that any person desirous of procuring

How each license s i

to be procured. a license according to the provisions of this Ordinance, shall apply to

the Justices of the Peace at the General Annual Licensing Meeting of the district in which such person shall be then resident, and it shall be lawful for the majority of Justices assembled at such meeting to grant to such persons as shall be approved of by them, a license in the form given in the schedule hereunto annexed ; and that for every such license when authorizing the plying of a Cart to be drawn by one or more horse, or horses, bullock, or bullocks, there

Price of licence. shall be paid a sum of One pound ; and for every such license autho- rizing the plying of a Cart to be drawn by any pony or ponies, ass or asses, mule or mules, not exceeding twelve hands in height, there shall be paid a sum of five shillings, together with a fee of Two shillings and Sixpence to the Justice's Clerk, for each and any such license as aforesaid ; and every license shall authorize the plying of one Cart only, and shall be in force from the date thereof until the first day of January then next ensuing, and no longer.

License for a broken III. AND be it enacted, that it shall be lawful for any two or period. more Justices of the Peace in the said Colony, in Petty Sessions

assembled, to grant a license for any town-site within their dis- trict, for any broken period of a year, upon payment of a pro, portionate amount for the same, provided that such amount be in no case less than one half the full amount payable for the entire year.

IV. AND be it enacted, that every person so licensed to ply

1850.            14th Viet. No. 14.

a Cart, shall keep his name and number of his cart legibly painted Name and number to in letters not Less than one inch in length, on the front rail or off be painted on the cart. side of the cart, or on a moveable board or plate attached to the said

front rail or offside of the Cart which he shall ply under his license,

and if any person so licensed, shall fail in this regulation, he shall on Penalty.

conviction, forfeit and pay for every such offence any sum not exceed-

ing Forty shillings.

V.   PROVIDED always and be it enacted, thaf if any person Been- License may be trans-

sed under this Ordinance, shall die before the expiration of the term fermi'

of his license, or shall be desirous of transferring his license to any

other person or persons, it shall be competent for any two Justices

of the Peace for the said Colony, to transfer such license by endorse-

ment to the executor and administrator of the part y so dying, or to

the appointee of the person so desirous of transferring as aforesaid,

upon payment of a fee of five shillings for such transfer.

VI.     AND be it enacted, that the Justices shall from time to List of licenses to be

time cause to be published in the Government Gazette a list of the published.

licenses or transfers of the licenses which they may issue under this

Ordinance.

VII.       AND be it enacted, that it shall be lawful for any two or Licenses may be de-

more Justices of the Peace to declare void the license of any Carrier, dared void.

who upon complaint made before them upon oath, shall be found

guilty of dishonest and improper conduct, and cause such avoidance

to be published in the Government Gazette, and such license shall

upon such declaration be null or void.

VIII.       AND and be it enacted, that it shall be lawful for any con- Constable may ex-

stable to examine any Cart, and demand an inspection of the license, amine any cart.

and any person who shall refuse to permit such examination or In-

spection, shall, upon conviction, forfeit any sum not exceeding Forty

Shillings.

IX.      AND be it enacted, that all informations and proceedings in Limitation of pro-

respect of offences against this Ordinance, shall be commenced within ceedings

one calendar month next after the offences thereby respectively char-

ged shall have been committed, and shall be heard and. determined,

and the penalties and forfeitures in respect of the same, shall be en-

forced

14th Viet. No. 14. 1850.

forced according to the Provisions of an Ordinance passed in the fourteenth year of the Reign of Her present Majesty, intituled "an Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions in the colony of Western Australia, with res- pect to summary convictions and orders."

Application of penal- X. AND be it enacted, that all sums received for licenses, (save

ties, &c. and except Clerk's fees,) and for transfers of licenses under this

Ordinance, and all sums arising from any penalties or forfeitures herein-before mentioned, shall, after deducting expenses, be paid to the Chairman of the trusts of the towns respectively where the said licenses or transfers of licenses may have been obtained, or where the said penalties and forfeitures may have been imposed and awarded to be applied towards the purposes of the Ordinance intituled " an Ordinance to provide for the improvement of towns in the Colony of Western Australia.

Definition of carts. IX. AND be it enacted, that the term Cart in this Ordinance

shall be taken to apply to any description of Cart, Waggon, or other

vehicle having two or more wheels.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the council, 1.

4th Dec., 1850. )

T. N. YULE,

Clerk of the Councils,

SCHEDULE.

LICENSE.

We hereby certify that of

is licensed under the Ordinance 14th Vic., No. 14, to ply for hire

one Cart, numbered drawn by [here state the nature of the team]

from the date hereof till the first day of January next ensuing, for

which license he has paid the sum of £

Given under our hands, this day of 18

J. P.

J. P.

Printed by authority of the Government, by E. Stirling, Perth,