Hawkers and Pedlers Act 1849 No 36a (NSW)

No. XXXVI.

if th i s A c t had no t been passed,

An Act to repeal the Laws relating to Hawkers and Pedlers in the Colony of New South Wales and to substi tute other provisions in lieu thereof. [9th October, 1849.]

WH E R E A S Legislat ive Council of N e w South Wales passed in the fifth

it is expedient t h a t t he Ac t of t he Governor and

year of t he re ign of H i s late Majesty K i n g Wi l l i am t h e Four th

int i tuled " An Act for licensing and regulating Hawkers and Pedlers" should be repealed and other provisions subs t i tu ted in l ieu thereof Be it therefore enacted by H i s Excellency the Governor of New South Wales wi th t he advice and consent of t he Legislat ive Council thereof Tha t from and after the first day of J a n u a r y nex t t h e said Act shall be a n d the same is hereby repealed save and except as to any l icense issued or m a t t e r or t h i n g then done or commenced to be done unde r the provisions thereof which shall be as valid and effectual in law as

2. A n d be it enacted Tha t from and after t h e first day of J a n u a r y next it shall not he lawful for any person not be ing al ready licensed under t h e said recited Act or be ing so licensed from and after t he expir r t ion of such license to carry on the business of a hawker or pedler in any place whatsoever wi th in t he said Colony wi thou t hav ing previously obtained a license as hereinafter directed and if any person shall wi thout hav ing first obta ined such license as aforesaid carry on such business wi th in any par t of t h e said Colony he shall forfeit and pay on conviction for every such offence such sum not exceeding twenty pounds as to the convict ing Jus t i ce or Jus t ices shall seem meet to be recovered and applied as hereinafter directed and every person car ry ing on such business as aforesaid shall be deemed and t a k e n to be unl icensed unless he shall prove to t he cont rary by the product ion of his license or otherwise.

3. A n d be it enacted That there shall be two descript ions of H a w k e r s ' and Pedlers ' Licenses t h e one being in t h e form in t h e Schedule annexed to th i s Act marked A au thor iz ing the holder thereof to car ry on his own person his wares and merchandise for t he purpose of sale and the other in the form in t he Schedule annexed to this Act marked B au thor iz ing the holder thereof to car ry his wares and mer­ chandise for t he purpose of sale by packhorse or other an imal or by cart or o ther vehicle or by a boat vessel or craft.

1. A n d be it enacted Tha t a general meet ing of t h e Jus t ices in each police distr ict shall be holden in the i r respective Cour t Houses or usua l places of mee t ing on the second Tuesday in the m o n t h s of March J u n e September and December in every year for t he special purpose of t ak ing in to consideration applicat ions for Hawkers ' and Pedlers ' Licenses and it shall be lawful for t h e Jus t ices assembled at such meet ing or a majori ty of t h e m in thei r discretion to g ran t t o t h e persons who may be approved of by t h e m a license in one or other of the forms aforesaid and it shall be lawful for t h e said Jus t ices to reject any such appl icat ion or to adjourn the considerat ion thereof from t ime to t ime as they shal l see fit Provided tha t such adjournments do not in t he whole exceed th ree weeks from the day of such General Mee t ing .

5. A n d be it enacted That every person desirous of ob ta in ing a license unde r the provisions of th is Act shall on or before the th i rd Tuesday in t h e m o n t h s of Feb rua ry May Augus t and November in each year deliver or cause to be delivered to the Clerk of Pe t ty Sessions	of the police district within which it is proposed to exercise such
license a notice in wr i t ing of his in tent ion to apply for the same which
notice if the appl icat ion be for a license in t he form A aforesaid shall be in t he form in t he Schedule to th i s Ac t annexed m a r k e d A 2 or if the appl icat ion be for a license in t he form B aforesaid t hen such notice shall be in the form B 2 annexed to th is Act .
6. A n d be it enacted That before the Jus t ices assembled as aforesaid shall g ran t to any appl icant for the same a license in t he form in the Schedule A annexed to th is Act such applicant shall be required to produce to the said Jus t i ces a certificate of good charac ter from at least two known and respectable inhabi tan t s of t he distr ict wi th in which t h e license is to be in force.
7. And be i t enacted Tha t before t he Jus t ices assembled as aforesaid shall g ran t to any appl icant for the same a license in the form in t h e Schedule B annexed to th i s Act such appl icant shall enter in to a recognizance before such Jus t i ces or any two of t h e m wi th two sureties (to be approved of by the said Jus t ices) each in the sum of twen ty pounds such recognizance to be in the form and with the con­ dit ions set forth in the Schedule he reun to annexed marked C.

8. A n d be it enacted Tha t every person in whose favour a license in the form A here to annexed has been gran ted as aforesaid shall pay to t h e Clerk of P e t t y Sessions of the police district in which the same is g ran ted the sum of twen ty shill ings if such license shall be for t he full period of twelve m o n t h s or such smaller sum as may be propor­ t ioned to t he t ime the same shall be in force and every person in whose favour a l icense in t he form B hereto annexed has been g ran ted as aforesaid shall pay to such Clerk as aforesaid t he sum of two pounds if such license shall be for t h e full period of twelve m o n t h s or such smaller s u m as may he proport ioned to the t ime the same shall be in force and no such license shall be of any force or effect whatsoever unt i l t he sum so fixed has been paid to the Clerk of Pe t ty Sessions as aforesaid.

9. A n d be it enacted That t he several Clerks of Pe t ty Sessions shall duly account for all fees so paid to them as aforesaid and shall pay t h e same into t he Colonial Treasury at such t imes and in such manner as His Excellency t h e Governor may direct and all sums so received shall be paid to Her Majesty H e r He i r s and Successors to t h e public uses of the said Colony or in support of t he Government thereof and shall be applied there to in such m a n n e r as may be directed by any Act to be passed by the Governor and Legislat ive Council
thereof.
10. A n d be it enacted Tha t every license granted unde r t he provisions of th is Act shall be in force from the first day of t he m o n t h nex t ensuing the g r a n t i n g thereof to the thirty-first day of December following and no longer.

1 1 . A n d be it enacted That no license g ran ted under the pro­

visions of th is Ac t shall have any force or effect whatsoever in any par t of the Colony other t h a n the police district for and in respect of which the same may have been specially granted .
12. A n d be it declared and enacted Tha t for the purposes of th i s Ac t every police district shall be t aken to comprise such l imits as m a y be set for th in t h a t regard by any not ice issued or to be issued by direction of H i s Excel lency t h e Governor for t he t ime being in t h e

New South Wales Government Gazette Provided always t h a t beyond

the Sett led Dis t r ic ts of t h e Colony each district wi th in which a Com­ missioner of Crown Lands has been or shall be appoin ted to act shall be deemed to be a police distr ict un t i l o ther l imits shall be fixed for any such police district by a not ice issued or to be issued as aforesaid.

13. A n d be i t enacted Tha t it shall be lawful for any constable

to seize and deta in any person found by h im car ry ing on the business	of a hawker or pedler wi th in t h e said Colony wi thou t hav ing previously
obtained such license as aforesaid and to keep h im so detained un t i l t he day n e x t after t h e day on which he shal l have been so seized for the purpose of be ing proceeded against for such offence unless the same can he sooner disposed of.
14. A n d be i t enacted Tha t every person to whom any such license as aforesaid shal l be g r an t ed and who shall carry on the busi­ ness of a hawker or pedler unde r t h e au thor i ty of such license shall cause to be w r i t t e n pa in ted or p r in t ed in large legible R o m a n let ters upon some conspicuous p a r t of every pack bag box t r u n k case car t dray wagon boat or other vehicle or conveyance in or wi th which he shall so carry on such business the words " Licensed H a w k e r " together wi th his name at full l eng th and the number of his license and also t h e n a m e or names of the police district or districts for which he shall have been licensed and every such person m a k i n g default therein shal l forfeit and pay on conviction for every such offence such sum not exceeding ten pounds as to the convict ing Jus t ices shall seem meet to be recovered and applied as hereinafter directed.

15.    A n d be i t enacted Tha t if any person who shall no t have pre­

viously obta ined any such license as aforesaid	shall wr i te pa in t or p r in t
or cause to be wr i t t en pa in ted or p r in t ed	or keep or cont inue or

cause to be kep t or cont inued wr i t t en pa in ted or pr in ted upon any

pack bag box t r u n k case car t dray wagon boat or o ther vehicle 01 conveyance in or w i th which he shall sell or expose to sale any good or in or w i t h which he shall convey any goods t h e words " Licensed H a w k e r " or any other word or words to t h a t effect he shall forfeit and pay on conviction such sum no t exceeding t en pounds as to t he con­ v ic t ing Jus t i ces shall seem meet to be recovered and applied as herein­ after directed.

16 . A n d be it enac ted Tha t if any such hawke r or pedler having

obtained such license or licenses as aforesaid shall a t any t ime upon demand thereof be ing made of h i m b y any J u s t i c e of t h e Peace or constable or by any person to w h o m he shall wi th in twenty-four hours previously have sold or offered to sell any goods neglect or refuse to produce and shew to such Jus t i ce of t h e Peace constable or other person his said license he shall forfeit and pay on conviction for every such offence such s u m not exceeding t en pounds as to t h e convicting Jus t i ces shall seem mee t to be recovered and applied as hereinafter directed.

17 . A n d be i t enacted Tha t if any person shall forge or coun­ terfeit any such license as aforesaid or t ravel wi th produce or shew with in t en t to use t he same as a genuine i n s t r u m e n t any such forged or counterfei ted license to any person ent i t led unde r th i s Act to demand the produc t ion of such license such person shall be gui l ty of a misdemeanor and shall on convict ion thereof be worked on t h e publ ic roads or o ther publ ic works of t he said Colony for any period not

exceeding six calendar m o n t h s .

18 . A n d be i t enacted Tha t if any person hav ing obtained any

such license as aforesaid shall have in his possession or on his car t d ray wagon boat or o ther conveyance any fermented or spi r i tuous l iquors he shall forfeit and pay on conviction for every such offence sucli s u m not exceeding twen ty pounds as to t he convict ing Jus t ices shall seem meet to be recovered and applied as hereinafter directed.

19. A n d be it enacted Tha t in case any person shall have reasonable g round for suspect ing t h a t any hawker or pedler is car ry ing fermented or spi r i tuous l iquors cont ra ry to the provisions of th is Ac t or otherwise offending agains t t h e same i t shall be lawful for sucli person to m a k e oa th before any Jus t i ce of t he Peace a t his pr iva te

residence or elsewhere of t he c i rcumstances and if i t shall appear t o
such Jus t i ce t h a t reasonable g round	for suspicion exists i t shal l be

Lawful for such Jus t i ce to g r a n t a w a r r a n t au thor iz ing such person to
examine and search t h e person packs baggage boxes t r u n k s cases carts drays wagons boats or other vehicle or conveyance of such
liawker or pedler there in named or described such w a r r a n t to remain in force for such t ime as shal l be there in men t ioned and i t shall also be lawful for any Jus t i ce of t h e Peace constable or o ther peace officer having reasonable g round of suspicion as aforesaid wi thou t w a r r a n t to
examine and search t he person packs baggage boxes t r u n k s cases carts
drays wagons boats or other vehicle or conveyance of any such licensed hawker or pedler wi thou t a war r an t for such purpose a n d upon any such person author ized by war ran t as aforesaid or any such Jus t i ce of the Peace constable or other peace officer finding any such fermented
or sp i r i tuous l iquors carr ied cont ra ry to law to seize the same and
such hawker or pedler upon conviction of such offence in a summary
way before any two or more Jus t ices of tire Peace s i t t ing in Pe t ty
Sessions shal l forfeit and pay a sum not exceeding t h i r t y pounds or be confined to h a r d labor in t h e neares t common gaol for any period not

exceeding

exceeding six ca lendar m o n t h s a t t he discretion of such Jus t i ces and

it shal l be lawful for t he Jus t i ces in P e t t y Sessions before w h o m any such convict ion t akes place to order such fermented and spir i tuous l iquors so seized to be sold by auct ion by any chief constable or l icensed auct ioneer at any place t he said Jus t i ces may appoint and after deduc t ing the expenses of such sale the proceeds thereof shall be paid one-half t o t he prosecutor in t h e case and the o ther half to Her Majesty H e r He i r s and Successors for t he pub l i c uses of the said Colony and in suppor t of t h e Government thereof as m a y be appointed by any Ac t of t h e said Governor and Legislat ive Council .

20. A n d be it enacted Tha t it shal l be lawful for any Jus t i ce of t h e Peace constable or other peace officer (wi thout wa r r an t ) to seize all such fermented and spir i tuous l iquors as shal l be hawked and conveyed about or exposed to sale in any street road footpath or in any booth t en t stall or shed or in any boat or vessel or any o ther place wha tever by any person not licensed according to law to sell the same in such place and t h e vessels con ta in ing the same and all the vessels and utensils used for d r ink ing or measu r ing the same and any cart dray or o ther carr iage and any horse or horses or o ther an ima l or an imals employed in d rawing or ca r ry ing t h e same as well as any boat, or vessel used in the conveyance of such l iquors as aforesaid and it shall be lawful for any one or more J u s t i c e or Jus t i ces of the Peace on his or the i r own view or if after due inqu i ry and examinat ion it shall appear to the said Jus t i ce or Jus t i ces t ha t such l iquors were hawked and conveyed about for t h e purpose of be ing illegally sold or disposed of by re ta i l to adjudge the said l iquors a n d vessels and utensi ls con ta in ing the same and any car t dray or other carr iage horse or horses or o ther an imal or animals used in conveying t h e same to be condemned and forfeited and the same shall and may he sold and t h e proceeds thereof after deduct ing t h e expenses of sale shall be paid one moiety to t h e use of H e r Majesty the Queen for t h e publ ic uses of t he said Colony and in suppor t of the Government thereof as m a y be appoin ted by any Act of the said Governor and Legislat ive Council a n d the o ther moiety to t h e person or persons who m a y in such case first seize inform or prosecute Provided t h a t no th ing in th i s Act contained shall prevent any penal ty or pun i shmen t be ing inflicted on any person so offending as aforesaid unde r any other Law or Act now or hereafter to be in force in t h e said Colony Provided always t ha t in all cases where fermented or spi r i tuous liquors shall be carried front one place to ano the r t he b u r d e n of p rov ing tha t such fermented or

spi r i tuous l iquors were not so carr ied for sale or exposure to sale shall

be cast upon t h e p a r t y or par t ies so car ry ing t hem.

2 1 . A n d be it fur ther enacted That if any hawker or pedler

shall from a n d after t h e said first day of J a n u a r y nex t be convicted of knowing ly deal ing in or sell ing any kind of smuggled or cont raband goods wares or merchandise or knowingly dealing in vend ing or selling any goods wares or merchandise f raudulent ly or dishonestly procured ei ther by himself or t h rough the med ium of o thers wi th his pr ivi ty and knowledge every such hawker and pedler shall from and after such convict ion forfeit his license and for ever thereafter be incapable of ob ta in ing or holding any new license or deal ing trafficking or t r ad ing under t h e same and tha t over and above all such forfeitures and inca­ paci t ies fines and penal t ies to which he is or shall be by law subject and l iable for such illicit and illegal trafficking and deal ing.

22. A n d be it enacted That in ease any person shall let out or h i re or lend any license to h im gran ted as aforesaid or shall t rade wi th or u n d e r colour of any license g ran ted un to any person whatsoever or of any license in which his own real name shall not be inserted as t he n a m e of t h e person to w h o m the same is granted t he person le t t ing

2 R—VOL. 3. out

out to hi re or lending any such license and the person so t r a d i n g wi th or unde r colour of any license g r an t ed to any o ther person or any license in which his own real n a m e shal l no t be inser ted as t h e n a m e of t he person to w h o m the same is g ran ted shall each of t h e m forfeit t h e s u m of forty pounds to be recovered and applied as hereinafter ment ioned and in case any person shal l be convicted or have j u d g m e n t agains t h i m for l end ing his l icense to any other person con t ra ry to

th i s Act such his license shal l be from thencefor th forfeited	and void
and he shal l be u t t e r ly incapable of hav ing any license again	gran ted
to h i m to t r ade as aforesaid.

23 . A n d be it enacted Tha t t he selling or offering for sale goods

carr ied about on t h e person or on any an ima l or in any movable con­ veyance w h e t h e r by land or wa te r in any city town street road or place wi th in t h e said Colony shall be deemed to be car ry ing on t h e business of a hawker or pedler w i th in t h e m e a n i n g of th i s Act Prov ided t h a t n o t h i n g conta ined in th i s Ac t shall be construed to pre­ ven t any person from selling or offering for sale any p r in ted news­ papers any fish fruit water fuel mi lk vegetables or v ic tuals of any descript ion or any ag r i cu l tu ra l produce in any such city town street road or place wi thou t hav ing previously obta ined any such license as aforesaid nor to prevent t he ac tua l m a k e r or t he chi ldren apprent ices agents or servants of and res id ing w i t h the m a k e r of any goods from selling or offering for sale t h e same in any such ci ty town street road or place wi thou t hav ing previously obta ined a license as aforesaid no r to p reven t t he sale wi thou t such license of any goods wha tever in any m a r k e t or fair legally establ ished in t h e said Colony or in any house or shop occupied by t h e person so sell ing or offering to sell t h e same.

24. A n d be i t enacted Tha t all penal t ies or forfeitures incur red

unde r t h e provisions of t h i s A c t may be sued for and recovered by

any person by information in the m a n n e r hereinafter ment ioned and t h e ma t t e r s conta ined in any such informat ion may be heard and determined by any two or more Jus t i ces of t h e Peace in a summary way in t h e m a n n e r hereinaf ter men t ioned Provided always t h a t on t h e hea r ing of a n y such informat ion t h e informer shall be deemed a

competen t witness there in .

25. A n d be it enacted Tha t i t shal l be lawful for any person to

exhibi t an informat ion in w r i t i n g before any one Jus t i ce of t h e Peace informing of any offence against t he provisions of th is Ac t not be ing a misdemeanor and on perusa l of such information if t h e same be a

valid one such Jus t i ce is hereby requi red to g ran t a summons in wr i t ing
u n d e r h is h a n d d i rec t ing t he a t t endance of t he pa r ty informed against

a t a t ime a n d place to be the re in ment ioned to appear before any two or more Jus t i ces of t he Peace to answer t h e charge contained in t he said informat ion and if such summons shall be served personal ly on t h e pe r son so informed aga ins t or shal l be left a t his last k n o w n or u sua l place of abode a reasonable t ime (but in no case less t h a n twenty- four hours) before the t ime there in ment ioned for such person 's appearance t h e n upon the appearance of t h e pa r ty so summoned at such t ime and place as aforesaid or on proof to be t h e n given viva

voce on t h e oath of t h e person by w h o m the s u m m o n s was so served

as aforesaid and t h e p roduc t ion of t he or iginal summons it shall be lawful for any t w o o r more Jus t i ces of t h e Peace t h e n and the re be ing the reupon or for any two or more Jus t i ces of t he Peace at any future period t o which the m a t t e r m a y be adjourned by any one Jus t i ce if t w o should n o t be presen t to proceed t o hear and de termine in a s u m m a r y m a n n e r t he m a t t e r informed of in t h e said informat ion and on conviction of t h e person informed against it shal l be lawful for ei ther of t h e convict ing Jus t i ces on non-paymen t of t he penal ty and such costs as such Jus t ices m a y award to issue at any t ime not more

t h a n

t h a n fourteen days from the day of conviction unde r his h a n d a w a r r a n t of distress r e t u r n a b l e on such day as he may t h i n k proper to inser t t he re in such r e t u r n not be ing more t h a n fourteen days from the day of the date of such w a r r a n t au thor iz ing any constable to proceed to levy on t h e goods of t he person so convicted if any such can be found for t he a m o u n t of such pena l ty and costs together wi th t he sum of five shilling's for such distress and t h e said snoods for thwith to seize and carry to t he nearest Police Office; and the said goods so seized shall be sold at twelve of the clock on the th i rd day after the same shall have been carr ied to t h e said Police Office unless t h e full a m o u n t of penal ty and costs be sooner paid and the surp lus if any shall remain after the paymen t of such penal ty and costs shal l be paid to t h e person so convicted, if demanded wi th in th ree ca lendar m o n t h s and if n o t so demanded shall be paid to t h e Colonial Treasurer of the said Colony for t h e genera l purposes of t h e Governmen t thereof as m a y be appointed by any Act of t he said Governor and Legislat ive Counci l and if sufficient goods cannot be found before the r e tu rn day of t h e said war r an t whereon to levy for the said penal ty a n d costs it shall be lawful on the same be ing certified by wr i t ing on t h e back of such warrant to t he convict ing Jus t i ces or one of t h e m under t he h a n d of t he person appointed to execute the same for e i ther of t he said convic t ing Jus t i ces for thwi th by w a r r a n t under his hand to commit t he person so convicted to t he common gaol neares t to t h e place where t he conviction took place for any per iod not exceeding fourteen days where t h e pena l ty awarded shall no t be more t h a n five pounds and not exceeding three calendar mon ths where the pena l ty awarded shall be of g rea t e r a m o u n t such t e r m of impr i sonment to be computed from the t ime of a r res t only Provided always tha t no conviction shall t ake place unde r this Act unless wi th in three calendar m o n t h s after the commission of t h e offence complained of Provided also t h a t all such proceedings by summons may be had and done without a formal information being exhibi ted and such proceedings shall be as good valid and effectual to all i n t en t s and purposes as if a formal informa­ t ion in wr i t i ng were exhibi ted Provided t h a t in every such summons

the general n a t u r e of t h e complaint shall be succinctly s ta ted.

26. A n d be it enac ted Tha t all lines penal t ies and forfeitures

recovered under this Act shall be paid one-half to the informer or person su ing for t he same and the o ther half to H e r Majesty H e r He i r s and Successors for the public uses of the said Colony and in suppor t

may be appointed by any Ac t of t he said Governor and Legislat ive of t he Gove rnmen t thereof and shall be applied in such m a n n e r as Council .

27. A n d be i t enacted Tha t it shall be lawful for any Jus t i ce

issuing any s u m m o n s unde r th is Ac t or for any one of t he Jus t ices before w h o m the m a t t e r of any informat ion may come on to be heard and determined to issue a subpoena under his h a n d for the a t t endance of any person a t a t ime and place to be there in ment ioned to appear and give evidence at t he hea r ing of any such m a t t e r and to br ing wi th h im a n d produce at such hea r ing any necessary documents unde r his control t h a t m a y be specified in such subpoena and every such subpoena shal l be served by delivering a copy thereof personal ly to the person so subpoenaed and shewing the original at t h e t ime of such service wh ich service shal l be a t a reasonable t ime and in no case less t h a n twenty-four hours before t he t ime specified there in for the a t t endance of such witness and if any person hav ing been so subpoe­ naed shal l not a t t end at t h e t ime and place ment ioned in his subpoena without reasonable cause or having a t tended the re shall refuse to he sworn or to affirm or shall refuse to answer any legal quest ion tha t may be pu t to h im without a l leging for such refusal a sufficient excuse

to

to be t h e n allowed by the Jus t i ces hea r ing the case such person shall for every such offence forfeit and pay any sum no t more t h a n twen ty pounds to he recovered in t he m a n n e r and wi th in t h e t ime hereinbefore ment ioned for the recovery of penal t ies under th i s Ac t .

28. A n d be it enacted T h a t it shall be lawful for any person convicted of any offence unde r th i s Ac t to appeal t o t he n e x t Genera l Cour t of Q u a r t e r Sessions to be holden in t he dis t r ic t or neares t to the distr ict in which such convict ion shall t ake place in t h e m a n n e r a n d form prescribed by any Ac t now or hereafter to be in force for t he

regu la t ion of appeals to Cour ts of Q u a r t e r Sessions.

29. A n d he it enacted Tha t no informat ion convict ion or other proceedings before or by any Jus t i ce or Jus t i ces of t h e Peace or on appeal therefrom for any offence unde r this Ac t shal l be quashed or set aside or j udged void or insufficient for w a n t of form only or be removed or removable by certiorari or any o ther wr i t or process wha t ­ soever in to t h e Supreme Court .

30. A n d for t he protect ion of persons ac t ing in execut ion of th i s A c t Be it enacted Tha t all actions for a n y t h i n g done unde r th i s Ac t shall be commenced wi th in six calendar m o n t h s after t h e fact was commit ted and not otherwise a n d not ice in wr i t i ng of such act ion a n d t h e cause thereof shall be given to t he defendant one calendar m o n t h a t least before t he commencement of the act ion a n d in such action t h e defendant may plead the genera l issue and give th i s A c t a n d t h e special m a t t e r in evidence at any t r ia l to be h a d t h e r e u p o n and no plaintiff shall recover in any such act ion if t ende r of sufficient amends shall have been made before such act ion b rough t or if a sufficient s u m of money shall have been paid in to Cour t after such act ion b r o u g h t by or on behalf of the defendant together wi th costs incur red u p to t h a t t ime and if a verdict shall pass for t h e defendant or t h e plaintiff become nonsui ted or discont inue such act ion after issue jo ined or if u p o n demur re r or otherwise j u d g m e n t shal l be given agains t the plaintiff t h e defendant shal l recover his full costs as between a t to rney and client and have t h e l ike remedy for t h e same as any defendant h a t h by law in other cases.

3 1 . A n d be i t enacted Tha t in t he cons t ruc t ion of th i s Ac t

unless the re be someth ing in t he contex t r e p u g n a n t there to any word denot ing the s ingular n u m b e r or t h e male sex shall be t aken to ex tend to any o ther n u m b e r of persons and th ings and to b o t h sexes.

S C H E D U L E A.

License for a Hairier trading on Foot.

New South Wales Police District of

To wit.

WHEREAS A. B. of has applied to us the Justices assembled in Petty

Sessions at in and for the Police District of for a Hawker's and Pedler's License authorizing him to carry on his own person goods wares and mer­ chandise for the purposes of sale travelling on foot only without any horse or other animal bearing or drawing burthen Now we the Justices aforesaid being satisfied that the said A. B. is a fit person to have such license granted to him do hereby authorize and empower him the said A. B. to trade as such Hawker and Pedler as aforesaid within the said Police, District of and not elsewhere and this license shall

be and continue in force from the first day of	until the
thirty-first day of December next ensuing and no longer.

Granted by the Court of Petty Sessions at aforesaid

this day of 18

D. E. J .P .

Entered (Signed) F. G. J .P .

(Signed) H. I.

Clerk of Petty Sessions.

S C H E D U L E

S C H E D U L E A 2.

To the Clerk of Petty Sessions at

I A . B . {here insert name residence and addition) hereby give notice,

that it is my intention to apply to the Justices assembled in Petty Sessions at for the purpose of sale travelling on foot only without any horse or other animal bearing or drawing burthen within the Police District of

on the day of for a Hawker's and

Dated at this

day of

(Signed) A . B .

We the undersigned hereby certify that the abovenamed applicant is a lit and proper

person to obtain a Hawker's and Pedler's License.

J. K. of (residence.)

(Signed) L. M. of (residence.)

S C H E D U L E B.

License fur a Hawker trading with Pack or Draft Animals.

New South Wales Police District of

To wit.

W H E R E A S A. B. of	has applied to us the Justices assembled
in Petty Sessions at	in and for the Police District of

for a Hawker's and Pcdler's License authorizing him to carry goods wares and merchandise for the purposes of sale by packhorse or other animal or by cart or other vehicle or by boat or other eraft as the case may be Now wo the Justices aforesaid being satisfied that the said A. B. is a fit person to have such a license granted to him do hereby authorize and empower him the said A. B. to trade as such Hawker and Pedler as aforesaid within the said Police District of and not elsewhere and this license shall be

and continue in force from the first day of	until the thirty-first
day of December next ensuing and no longer.

Granted by the Court of Petty Sessions at

aforesaid this day of 18 .

D. E. J .P .

(Signed) E . G . J .P .

Entered

(Signed) H. L.
Clerk of Petty Sessions.

S C H E D U L E B 2.

Tu the Clerk of Petty Sessions at

I A. B. (here state name residence and addition') hereby give notice

that it is my intention to apply to the Justices assembled in Petty Sessions at
on the day of for a Hawker's and Pcdler's License authorizing
me to carry goods wares and merchandise for the purpose of sale by packhorse or other
animal or by cart or other vehicle or by boat or other craft as the case may be within the

Police District of

Dated at	this
day of	18

(Signed) A. B.

We the undersigned hereby state our willingness to join the abovenamed A. B. in the recognizance required to be entered into by him under the provisions of the Act of the Governor and Council 13 Vic. No.

(Signed)	J. K. of (residence.)
L. M. of (residence.)

S C H E D U L E

S C H E D U L E C.

Form of Recognizance.

New South Wales

To wit.

B E it remembered that on the day of 18 A. B . of

J. K. of and L. M. of came personally before us D. E. and F. G.

Esquires Justices of the Peace acting in and for the District of in the said Colony and acknowledged themselves to owe to our Sovereign Lady the Queen to wit the said A. B. the sum of pounds the said J. K. the sum of pounds and the said L. M. the sum of pounds of lawful money of Great Britain to be respectively levied of their several goods and chattels lands and tenements to the use of our said Lady the Queen Her Heirs and Successors in case default shall be made in the perform­ ance of the conditions hereunder written.

The conditions of this recognizance are such that whereas A. B. is to be licensed pursuant to the Act of the Governor and Council passed in the thirteenth year of Her Majesty's reign intituled " An Act to repeal the Laws relating to Hawkers and Pedlers in

the Colony of New South Wales and to substitute other provisions in lieu thereof" to carry

goods wares and merchandise for sale by packhorse or other animal or by cart or other vehicle
or by boat or other craft as the case may be within the Police District of
for a period which will expire on the thirty-first day of December next if the said A. B.
shall conform in all respects to the provisions of the aforesaid Act during the said period
then the said recognizance to be void but if the said A. B. shall be lawfully convicted of any
offence during the said period against the provisions of the said Act or against the provisions
of any other Act in force for the time being relating to Hawkers and Pedlers then this

recognizance shall remain in full force and effect.

Taken and acknowledged the day and year above written &c.