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Inquiries into Wrecks-Extension

certain charges of incompetency or misconduct drawn up as therein mentioned against certain persons owning certificates of master, mate, or engineer of any vessel, and it is expedient to extend the application of the said Ordinance so as to provide for the proper investigation of any charge that may from time to time be made of incompetency or misconduct on the part of any master, mate, or engineer of any British ship, in cases that do not fall within the scope of the said Ordinance: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. It shall be lawful for the Principal Officer of Customs residing at or near any port or place in which any British vessel may arrive or be, assisted by a Justice of the Peace, to make inquiry into any charge of incompetency or misconduct whereby it is alleged that the master, mate, or engineer of such vessel is by reason of such incompetency or misconduct unfit to discharge his duties; and when any such charge has been made as aforesaid, the said officer and the said Justice shall proceed in all respects as if they were formally investigating, hearing, and determining charges contained in a formal case setting forth the same, as provided by the said recited Ordinance, and for that purpose shall have all the powers given by the said recited Ordinance for the purpose.

2. The said Principal Officer of Customs, together with the said Justice, are hereby declared to constitute a court for the purpose of investigating and trying the cases by this Act and the said recited Ordinance referred to them, within the meaning of the Imperial Act twenty-five and twenty-six Victoria, chapter sixty-three, section twenty-three.

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Court to have power under oirsuspend or can

cumstances to

cel certificates

3. The said court shall have power to suspend or cancel the certificate of any master, mate, or engineer, subject to the provisions of the said recited Ordinance and of this Act, whom, on such investigation as is hereby and thereby provided, they may find to have been guilty of any gross act of misconduct, drunkenness, or tyranny as aforesaid, or by whose wrongful act or default the loss or abandonment of or serious damage to any ship or loss of life has been caused. 4. In any inquiry to be held in pursuance of this or the said recited Court to appoint Act into any charge of incompetency or misconduct against the master, assessors in mate, or engineer of any vessel, the court hereinbefore mentioned shall, in all cases in which such master, mate, or engineer requires it, appoint one or more person or persons of nautical or engineering skill, as the case may require, to act as assessor or assessors to such court; and such assessor or assessors shall upon the conclusion of the case either signify his or their concurrence in the decision, or if he or they dissent therefrom shall signify such dissent, and the reasons thereof, in writing to such court.

certain cases

5. The said recited Ordinance and this Act shall be read and taken Act incorporated together as one Act.

with 28 Vic., No. 2

6. This Act may be cited as 'The Inquiries into Wrecks Ordinance, Short title 1864, Extension Act, 1876.'

WILLIAM C. F. ROBINSON,

GOVERNOR.

Carts and Carriages

Preamble

Short title

Interpretation

Repeal of certain
Acts

Act to come into operation

No

person to

WESTERN AUSTRALIA

ANNO QUADRAGESIMO

VICTORIÆ REGINE

No. 5

An Act to consolidate and amend divers Acts and
Ordinances relative to the licensing of Carts and
Carriages. [Assented to 7th September, 1876.

HEREAS divers Acts and Ordinances have from time to time

passed to regulate the licensing of Carts and Carriages,

and it is expedient to repeal the same, and to consolidate and amend the law relating to the licensing of carts and carriages: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. This Act may be cited as The Cart and Carriage Licensing Act, 1876.'

2. In construing this Act the following words and expressions shall have the meaning hereby assigned to them respectively:

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'Cart' shall mean any description of cart, dray, waggon, or other vehicle without springs and drawn or intended to be drawn otherwise than by hand, and not belonging to Her Majesty the Queen.

Carriage' shall mean any description of carriage, van, omnibus, cart, trap, or other vehicle with springs, and drawn or intended to be drawn otherwise than by hand, and not belonging to Her Majesty the Queen, the Governor, or any officiating minister of religion.

'Road Board' shall mean the local board of any district constituted under The District Roads' Act, 1871.'

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3. The various Acts and Ordinances enumerated in Schedule 1 to this Act shall be and the same are hereby repealed.

4. This Act shall come into operation on the first day of January next, and not sooner.

5. No person shall keep and use on any road in the Colony any keep and use cart cart or carriage without having obtained a license for the same, under this Act, from the licensing body authorised to grant the same, as hereinafter stated.

or carriage without license

Who to grant licenses

6. The road board of each district is hereby authorised to grant licenses under this Act, in respect of carts, to any person resident within its district or in any municipality within its district, and, in respect of carriages, to any person resident within its district, but not to any person resident within the limits of any municipality within such district. The council of any municipality is hereby authorised to

Carts and Carriages

grant licenses under this Act, in respect of carriages, to any person
resident within the limits of the municipality. Provided always that Proviso
any person, being a common carrier of passengers or goods, plying
between any two municipalities shall, for the purposes of this section,
be deemed to be resident in each of such municipalities, and shall take
out a license for every carriage used by him as such common carrier,
from the council of each of such municipalities.

7. Any license under this Act shall be in the form given in Form of license Schedule Two of this Act, or to the like effect, and shall continue in

force up to the 31st day of December (taken inclusively) in the year in

which the same is granted; and for any such license there shall be Price of license paid to the licensing body granting the same a fee according to the scale given in Schedule Three to this Act.

8. All sums hereby made payable for licenses under this Act, and Application of all sums arising from penalties or forfeitures by this Act made payable fees and penalties to any road board, shall be dealt with and applied by the road board receiving the same for the purposes enumerated in the fifth section of The District Roads Act, 1871'; and the sums hereby made payable to the council of any municipality shall form part of the ordinary income of such municipality.

9. Any licensing body under this Act shall give due public notice as to the person from whom, the time when, and the place where, licenses under this Act may be obtained.

10. The owner of any cart or carriage who, after such notice has been given as aforesaid, and after he has had a reasonable opportunity of obtaining any license by this Act required to be taken out, shall fail to take out any license by this Act required to be taken out and shall nevertheless keep and use on any road of the Colony any cart or carriage, shall in respect of each or any such failure be guilty of an offence, and shall on conviction of any such offence forfeit and pay any sum not exceeding Ten pounds; and further shall be adjudged to pay the full fee payable for any license by this Act required to be taken out.

11. Any person by this Act required to take out any license for any cart or carriage shall, if he acquire such cart or carriage after the 30th day of June in any year, be entitled to obtain a license on payment of half the fee payable for the same; provided always that, if a license for such cart or carriage has been obtained by the previous owner, such person shall, on payment of the sum of two shillings and sixpence to the licensing body from whom under the provisions of this Act he ought to obtain his license, be entitled to have such license transferred to him. Any such transfer may be effected by the collector, or other person authorised by such last-mentioned licensing body to grant licenses, endorsing his name on such license.

12. Each licensing body shall from time to time cause to be published in the Government Gazette' a list of the licenses or transfer of licenses which it may issue under this Act.

13. No license shall be granted under this Act by any licensing body to any person using or being desirous of using any cart or carriage in his trade as a common carrier of passengers unless upon inspection

VOL. I.

UU

Licensing body where license to

to give notice

be obtained

Penalty for keeping cart or carlicense

riage without a

License may be granted for

broken period

Licenses to be published in

'Government Gazette'

No license to be Fier of passengers except upon

granted to car

conditions

Carts and also any carriages

ance of passengers to have certain matters

Carts and Carriages

[graphic]

of such cart or carriage it shall appear to the licensing body to whom application may be made for such license, that there is a space of at least sixteen inches in the clear for every passenger proposed to be carried therein, and that the same is a fit and proper cart or carriage for the purpose; nor, unless the name of the intended driver or drivers of such cart or carriage be stated. And any license granted under this Act to any such person shall state the number of passengers that such cart or carriage is licensed to carry and the name of the intended driver or drivers. Provided always that any such licensing body may, at any time during the currency of any license, authorise any change of driver and insert the name of any newly appointed driver in the license.

14. Every cart or carriage licensed under this Act and used for the used for convey carriage of passengers for hire, and also every cart licensed under this Act, shall have legibly painted on the front or off side of such cart or carriage the name of the person licensed to use the same, and the name printed on them of the licensing body from which the license for such cart or carriage has been obtained, and the number of such license; and every cart or carriage licensed under this Act and used for the carriage of passengers for hire shall also have legibly painted under the name of the person licensed to use the same, the number of passengers which the same shall be licensed to carry; and any person who shall use any cart or carriage on any road of the colony without complying with this regulation shall, on conviction, forfeit and pay any sum not exceeding Penalty for keep forty shillings; and every person who shall use any cart or carriage as aforesaid without having obtained a license for the same, and who shall nevertheless keep painted on such cart or carriage any words or figures importing that such cart or carriage is duly licensed under this Act, shall on conviction forfeit and pay any sum not exceeding Ten pounds, over and above any penalty to which he may be liable for using such cart or carriage without having obtained a license for the

Penalty for breach of this regulation

ing certain matters printed on unlicensed carts

Powers to certain persons to

examine carts or carriages and

their drivers

Onus of proof

Drivers of carts

or carriages,

of passengers,

liable to a

same.

15. It shall be lawful for any duly elected member of a road board, for any member of municipal council, or for any constable to examine any cart or carriage, and to demand from the person in charge of the same his name and address, and the name and address of the owner of the same, and whether such cart or carriage is licensed; and any person who shall refuse to answer or shall give a false answer when applied to as aforesaid, shall upon conviction forfeit and pay any sum not exceeding Forty shillings.

16. The onus of proof of any license having been duly obtained shall in the first instance lie on the accused; and any person found in charge of any cart or carriage may, for the purpose of this Act, be presumed to be the owner, until and unless he shows that some other person resident in the colony is the owner.

17. The driver of any cart or carriage used for the carriage of used for carriage passengers for hire who shall carry or convey in or upon such cart or carriage a greater number of passengers than is authorised by the license for the same, or who shall carry luggage in such a place, tain misconduct in such a mode, or to such an extent as to materially interfere with the comfort of such passengers; or who shall at any place when ch cart or carriage shall stop quit the box thereof, or the horses

penalty for cer

Carts and Carriages

drawing the same, without delivering the reins into the hands of some fit and proper person, or before some fit and proper person shall stand at the heads of the horses so as to have the command thereof until such driver shall have returned and seated himself and taken the reins; or who shall, without reasonable excuse, permit any passenger, or any person whose name has not been stated on the license of such cart or carriage as an authorised driver thereof, to drive the horses drawing such cart or carriage; or who shall allow any drunken or disorderly person to get into or continue in such cart or carriage; or who shall assault or use abusive or insulting language to any person travelling, or about to travel or having travelled as a passenger with or by such cart or carriage, or to any person accompanying or attending upon any such passenger in coming to or going from any such cart or carriage, shall upon conviction of any such offence forfeit and pay any sum not exceeding ten pounds.

forfeited

18. If any carrier of passengers shall carry in any cart or carriage a License may be larger number of passengers than the number he is licensed to carry therein; or if the driver of any such cart or carriage shall be convicted of any offence under the next preceding section of this Act; or if any such cart or carriage be driven by any person not authorised by the license to drive the same; or if any carrier of passengers or goods shall be guilty of any dishonest or improper conduct, it shall be lawful for any two Justices, on complaint made before them in that behalf, to declare any license obtained under this Act for any cart or carriage in which such excessive number of passengers has been carried, or the driver of which has been so convicted, or which has been driven by such unauthorised person, or in relation to, or in connection with which any such carrier has been guilty of such dishonest or improper conduct as aforesaid, to be null and void, and cause such avoidance to be published in the Government Gazette,' and such license shall upon such declaration be null and void, and such cart or carriage shall thereupon be incapable of being licensed under this Act for such period, not exceeding six months, as the said Justices may name in the said declaration.

19. Sections A, C, and F of 'The Shortening Ordinance, 1853,' Shortening shall be incorporated with this Act, and taken to form part thereof.

Ordinance

20. So much of any fine or penalty under this Act as is payable to Application of Her Majesty, her heirs, or successors, shall be paid to the licensing penalties body from whom the person incurring the same obtained, or ought to have obtained, a license for the cart or carriage in relation to which such penalty has been incurred.

WILLIAM C. F. ROBINSON,

GOVERNOR.

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