Hawkers and Pedlers Act 1901 (NSW)
Act No. 28, 1901.
An Act to consolidate the Acts relating to
Hawkers and Pedlers. [31st October, 1901.]
| Assembly of New South Wales in Parliament assembled, and by the | BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative |
| authority of the same, as follows : — |
P A R T I . Preliminary.
1. This Act may be cited as the " Hawkers and Pedlers Act,
1 9 0 ] , " and is divided into Parts, as follows :—
P A R T I .—Pre l im inary .—ss . 1-5.
P A R T IT .—Licenses .—ss . 6 -13 .
P A R T I I I . — Offences and general provisions.—ss. 11—24.
P A R T T V . — P r o c e d u r e . — s s . 25, 20. 2 . The Acts mentioned in the Pirst Schedule hereto are, to the
extent therein expressed, hereby repealed.
3 . Every license granted under the authority of any Act hereby
repealed and existing at the passing of this Act shall be deemed to
have been granted under the authority of this Act.
4 . I n this Act, unless the context or subject-matter otherwise
indicates or requires,—
" E o a t " includes vessel.
" Ca r t " includes dray, waggon, or other vehicle,
" Just ice " means justice of the peace.
" License " means a license granted under the authority of this
Act.
" P a c k " includes bag, box, trunk, or case.
5 . The selling or offering for sale goods carried about on the
person or on any animal or in any movable conveyance, whether by land or water, shall be deemed to be carrying on the business of a hawker or pedler within the meaning of this Act.
T P A R T
P A R T I I . Licenses.
6 . (1) No person shall carry on the business of a hawker or
pedler without having a license :
Provided that—
(a) any person may sell or offer for sale any printed newspapers, books, pamphlets, periodicals, or other printed publications,
any fish, fruit, water, fuel, milk, vegetables, or victuals of any description, or any agricultural prodiicc without having
a license;
(b) the actual maker or the children, apprentices, agents, or servants of and residing with the maker of any goods may sell or offer them for sale without having a license ;
(c) any goods may be sold without a license in any market or fair legally established, or in any house or shop occupied by the
person so selling or offering to sell the same.
(2) I f any person, without having first obtained a license,
carries on such business he shall for every such offence be liable to a
penalty not exceeding twenty pounds.
(3) Every person carrying on such business shall be deemed
to be unlicensed unless he proves the contrary.
7 . There shall be two kinds of hawkers and pedlers licenses—
(a)
a license in the form contained in the Second Schedule hereto authorising the holder thereof to carry on his own person his wares and merchandise for the purpose of sale ; and
(b)
a license in the form contained in the Third Schedule hereto authorising the holder thereof to carry his wares and merchandise for the purpose of sale by pack-horse or other animal, or by cart or boat.
8 . (1) Applications for hawkers and pedlers licenses may be
justices sitting in petty sessions in the police district wherein the made on the first ordinary sitting day of any month to two or more applicant usually or principally resides. (2) Such justices or a majority of them may in their
discretion grant to any applicant who may be approved of by them a
license in one or other of the forms aforesaid.
(3) Such justices may reject any such application or may
adjourn the consideration thereof from time to time as they see fit :
Provided that such adjournments do not in the whole
exceed three weeks from the first ordinary sitting day aforesaid.
9 . (1) Every person desirous of obtaining a license under this
Act shall, not less than three weeks before the first ordinary sitting day
of
ol' such justices as aforesaid, deliver or cause to he delivered to the clerk
of petty sessions of the police district within which such person usually
or principally resides a notice of his intention to apply for the same.
(2) I f the application is for a license in the form contained
in the Second Schedule hereto such notice shall he in the form
contained in the Fourth Schedule hereto.
( 3 ) I f the; application is for a license in the form contained
in the Third Schedule hereto such notice shall he in the form contained
in the Fifth Schedule hereto.
1 0 . Before such justices grant to any applicant a license in the
form contained in the Second Schedule hereto such applicant shall he required to produce to the said justices a certificate of good character from at least two known and respectable inhabitants of the police district within which the application is made.
1 1 . Before the justices grant to any applicant a license in the
form in the Third Schedule hereto such applicant shall enter into a recognizance before such justices or any two of them with two sureties
(to be approved of by the said justices) each in the sum of twenty
pounds, such recognizance to be in the form and with the conditions
set forth in the Sixth Schedule hereto.
1 2 . (L) Every person to whom a license in the form contained
in the Second Schedule hereto is granted shall pay to the clerk of petty sessions of the police district in which the same is granted the sum of twenty shillings, if such license is for the full period of twelve months, or such smaller sum as is proportioned to the time the same
is to be in force.
(2) Every person to whom a license in the form contained
in the Third Schedule hereto is granted shall pay to such clerk the sum
of two pounds, if such license is for the full period of twelve months,
or such smaller sum as is proportioned to the time the same is to be
in force.
( 3 ) No license shall be of any effect until the sum so fixed
has been paid to such clerk.
1 3 . Every license granted under this Act shall be in force
throughout New South Wales from the first day of the month next ensuing the granting thereof to the thirty-first day of December following and no longer.
P A R T
P A R T I I I .
Offences and general provisions.
1 4 . Any constable may seize any person found by him carrying
on the business of a hawker or pedler without having a license, and may detain him until the following day for the purpose of proceeding against him for such offence unless the case can be sooner disposed of.
1 5 . Every holder of a license shall have in large legible Roman
letters upon some conspicuous part of every pack, cart, boat, or other
conveyance in or with which he so carries on such business the words "licensed hawker" together with his name at full length and the
number of his license, and every such person making default therein shall for every such offence be liable to a penalty not exceeding ten pounds.
1 6 . Every person, not being the holder of a license, who has
upon any pack, cart, boat, or other conveyance in or with which he
sells or exposes to sale any goods, or in or with which he conveysany goods, the words " licensed hawker" or any other words to that
effect, shall be liable to a penalty not exceeding ten pounds.
1 7 . Any holder of a license who at any time upon demand by
any justice or constable, or by any person to whom he has, within twenty-four hours previously, sold or offered to sell any goods, neglects
or refuses to produce and show his said license to such justice, constable, or person, shall for every such offence be liable to a penalty not
exceeding ten pounds.1 8 . Whosoever forges or counterfeits any license, or travels
with, produces, or shows with intent to use as a genuine instrument any such forged or counterfeited license to any person entitled under this Act to demand the production of such license shall be guilty of
a misdemeanour, and shall be liable to imprisonment with hard labour
for a term not exceeding six months.
1 9 . Every holder of a license who has in his possession or on
his cart, boat, or other conveyance any fermented or spirituous liquors shall for every such offence be liable to a penalty not exceeding twenty pounds. 2 0 . (1) Every holder of a license who carries any fermented or
spirituous liquors shall be liable to a penalty not exceeding thirty pounds, or to imprisonment with hard labour for any period not
exceeding six months.(2) Any person authorised by warrant, as hereinafter
provided, and any justice or constable finding any such liquors carried
by any holder of a license, may seize the same.
(3) The justices before whom any such conviction takes place
may order the liquors so seized to be sold by any chief constable or
licensed
licensed auctioneer at any place such justices may appoint, and the
proceeds thereof, after deducting- the expenses of such sale, shall he paid, one-hall' to the prosecutor in the case, and the other half to the Treasurer for the public uses of New South Wales.
2 1 . (1) 11' any person has reasonable ground for suspecting that any holder of a license is offending against the provisions of this Act, such person may make oath before any justice of the circumstances, and if it appears to such justice that reasonable grounds for suspicion
exist such justice may grant a warrant authorising such person to
examine and search the person, pack, cart, boat, or other conveyance
of such holder therein named or described, such warrant to remain in
force for such time as is therein mentioned.
(2) Any justice or constable having reasonable ground of
suspicion as aforesaid, may without a warrant, examine and search the person, pack, cart, boat, or other conveyance of any such holder of a
license.
2 2 . ( ] ) Any justice or constable may, without warrant, seize
all such fermented or spirituous liquors as are conveyed about and
hawked or exposed for sale in any street, road, footpath, or in any booth, tent, stall, or shed, or in any boat, or in any place whatsoever, by any person not licensed according to law to sell the same in such place, and the vessels containing the same and all the vessels and utensils used for drinking or measuring the same, and any horse or other animal, and any cart or boat employed in drawing or carrying the same.
(2) I f it appears to any justice or justices, on his or their own view, or after due inquiry and examination, that such liquors were conveyed about and hawked or exposed for the purpose of being
illegally sold or disposed of by retail, he or they may adjudge the said
liquors and vessels, and any such horse or other animal, and any such cart, to be forfeited and sold, and the proceeds thereof, after deducting the expenses of sale, shall be paid, one half to the Treasurer for the public uses of New South Wales, and the other half to the person who
| in such case first seizes, informs, or prosecutes. |
(3) In all cases where fermented or spirituous liquors are
conveyed about and hawked or exposed, the burden of proving that such liquors were not conveyed about and hawked or exposed for sale shall be upon the party charged.
(4) Nothing in this Act contained shall prevent any penalty
or punishment under any other Act being inflicted on any person so
offending as aforesaid.
2 8 . Every holder of a license who knowingly deals in any kind of
smuggled or contraband goods, wares, or merchandise, or knowingly deals in, any goods, wares, or merchandise fraudulently or dishonestly procured, shall on conviction forfeit his license, and be for ever thereafter incapable of holding any new license or trading under the
same,
same, and shall, in addition, be liable to all forfeitures, incapacities, fines, and penalties to which he is or may be by law subject and liable for such illicit and illegal dealing.
2 4 . ( I ) Any holder of a license who lets out or lends his license,
and any person who trades under any license granted to any other person, or under any license in which his own real name is not inserted as the name of the person to whom the same is granted, shall be liable to a penalty of forty pounds.
(2) I f any person is convicted of letting out or lending his
license the same shall thereupon be forfeited, and no license shall
thereafter be granted to him.
P A R T I V . Procedure.
2 5 . No conviction shall take place under this Act unless within
three months after the commission of the offence complained of.
2 6 . All actions for anything done under this Act shall be
commenced within six months after the fact was committed, and notice in writing of such action and the cause thereof shall be given to the defendant one month at least before the commencement of the action, and in such action the defendant may plead the general issue and at the trial give this Act and the special matter in evidence, and no
plaintiff shall recover in any such action if before action brought
tender of sufficient amends is made, or if after action brought there
is paid into Court a sufficient sum of money, together with the costs
incurred up to the time of such payment, and if there is a verdictfor the defendant, or the plaintiff is nonsuited or discontinues such
action after issue joined, or if upon demurrer or otherwise judgment
is given against the plaintiff the defendant shall recover his full costsas between attorney and client and have the like remedy for the same
as any defendant has in other cases.
S C H E D U L E S .
S C H E D U L E S .
F I R S T S C H E D U L E .
| Reference to Act. | Title or short title. | Extent of repeal. |
| 13 Vic. No. 30 . . . | An Act to repeal the Laws relating to hawkers and | The unrepealed |
pedlers in the Colony of New South Wales, and portion. to substitute other provisions in lieu thereof.
| 1G Vic. No. 4 ... | An Act to exempt the sale of books and other publi |
cations from the provisions of the Act relating to The whole Act. hawkers and pedlers.
| 2G Vic. No. 2 ... | An Act to amend the Hawkers and Pedlers Act | The whole Act. |
SECOND S C H E D U L E . License for a hawker trading on foot.
| New South Wales, ) -n ,. | , . , . . | . |
> 1. once district ot
to wit. j
| W H E R E A S A.P>., of | has applied to us, the justices sitting in petty sessions at |
in and for the police district of for a hawker's and pcdler's license
authorising him to carry on his own person goods, wares, and merchandise 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. 15. is
a fit person to have such license granted to him, do hereby authorise and empower him,
the said A. I!., to trade as such hawker and pedier as aforesaid within the State of New until the thirty first day of December next ensuing and no longer.
Granted by the court of petty sessions at aforesaid, this
day of li) .
D.E., J . P.
(Signed) F.G., J . P.
Entered—
(Signed) H . I . ,
Clerk of Fctty Sessions. T H I R D S C H E D U L E .
License for a hawker trading with pack or draft animals, Sc.
| New South Wales, ) | . . . „ |
' > 1 once district ot
to wit. J
| 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 pedler's license
authorising him to carry goods, wares, and merchandise for the purposes of sale by pack- horse or other animal, or by cart or other vehicle, or by boat or other craft as the case may be. Now, we, the justices aforesaid, being satisfied that the said A .B . is a fit person to have such a license granted to him, do hereby authorise and empower him, the said
A.B. ,
A . B . , to trade as such hawker and pedler as aforesiid within the State of New South
Wales, 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
dav of 19 .
D.E., J . P .
(Signed) F.G., J . P .
Entered—
(Signed) H. I.,
Clerk of Petty Sessions.
F O U R T H S C H E D U L E .
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 sitting in petty sessions at on the
day of for a hawker's and pedler's license authorising me to carry on
my own person goods, wares, and merchandise for the purpose of sale, travelling on foot only without any horse or other animal bearing or drawing burthen within the State of New South Wales.
Dated at this day of
(Signed) A .B .
We, the undersigned, hereby certify that the abovenamed applicant is a fit and
proper person to obtain a hawker's and pedler's license.
J . K . , of (residence).
(Signed) L.M., of (residence).
F I F T H S C H E D U L E .
To the clerk of petty sessions at
T, A .B. , (here state nam?, residence, and addition) hereby give notice that
it 13 my intention to apply to the justices sitting in petty sessions at on the
day of for a hawker's and pedler's license authorising me to carry goods,
wares, and merchandise for the purpose of sale by pack-horse or other animal, or by cart or other vehicle, or by boat or other craft as the case may be within the State of New South Wales.
Dated at this day of It) .
(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 Hawkers and Pedlers Act, 1901.
J . K . , of (residence).
(Signed) L.M., of (residence).
S I X T H S C H E D U L E .
Form of recognizance.
New South Wales,
to wit.
B E it remembered that on the day 19 , 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 State, and acknowdedged themselves to owe to our Sovereign Lord the King, to wit the said A . B . , the sum of pounds, the said J . K . the sum of pounds, and the said
L.M.
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 Lord the King, His Heirs and Successors in case default shall be made in the performance of the conditions hereunder written.
The conditions of this recognizance are such that whereas A. 1!. is to be licensed
pursuant to the Hawkers and Pedlers Act, 1901, to carry goods, wares, and merchandise
for sale by pack horse or other animal, or by cart or other vehicle, or by boat or other craft as the case may be within the State of New South Wales 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 convieted 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, cfec.
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