No. VII
An Act for licensing and regulating Hawkers
| and Pedlers. | [25th July, 1834.] |
| WH E R E A S | H a w k e r s | and Pedlers | t rave l l ing from | place to place | wi th in |
| i t is expedient | to confine t h e business of t r a d i n g as |
t h e Colony of N e w Sou th Wales w i th m o d s wares and merchandise for sale to free persons duly licensed u p o n satisfactory evidence as to charac te r and to subject such persons to t h e regula t ions hereinaf ter
| conta ined | Be | it therefore enacted by H i s Excel lency t h e Governor of |
N e w South W a l e s wi th t he advice of t h e Legis la t ive Council thereof Tha t from and after t h e thir ty-f i rs t day of October nex t it shal l no t be lawful for any H a w k e r or Pedler or o the r person or persons ac t ing as such a n d going from town to town or to other men ' s houses and t ravel l ing e i ther on foot or wi th a horse or horses or o ther an ima l or an imals to vend sell or ba r t e r ei ther by himself or herself or o ther person on his or her behalf any goods wares or merchandise w i t h o u t be ing lawfully l icensed as hereinafter directed and t h a t every person so vend ing sel l ing or ba r t e r i ng cont ra ry to such prohibi t ion as last aforesaid shall forfeit and pay t h e s u m of t en pounds .
| and con t inue in force for one year from the date thereof and no longer. | signed by t h e Clerk of the Peace by order of t he Cour t and shall be |
2. A n d be it fur ther enacted Tha t from and after t h e pass ing of
| th i s Ac t every person desirous of t r a d i n g as a H a w k e r | or Ped le r | shall |
apply to t he Jus t i ces of t h e Cour t of Quar t e r Sessions of t h e distr ict in which he or she usua l ly resides which said Jus t i ces a re hereby directed to enqui re in to t he charac ter of t h e person or persons so app ly ing for a license and be ing fully satisfied t h a t such person is free and of good charac ter a n d repu ta t ion and is a fit person to be licensed to exercise t he t rade of a Pedler and H a w k e r such Jus t ices are he reby author ized and empowered to g ran t to such person a license in t he form he reun to annexed marked wi th t h e le t t e r A which said license shal l be signed by t h e Cha i rman of t h e said Sessions and counter
3. A n d be it fur ther enacted Tha t every person so receiving s u c h license as aforesaid shall upon t h e issuing of such license pay t h e s u m of one pound to t he Clerk of t he Peace w ho shall record all licenses g ran ted by t h e said Jus t ices as aforesaid and pay all t h e fees the reon received by h im to t h e Collector of I n t e r n a l Revenue
| w i th in one m o n t h after the t e rmina t ion of t h e | Sessions | a t which such |
licenses shal l be respectively g ran ted and shal l r e t u r n to t h e said Col lector of I n t e r n a l Revenue a list of t he names of t he person or persons to whom such license or licenses shall be granted .
4. A n d be i t fur ther enacted Tha t every person to w h o m such license as aforesaid shall be granted under and by v i r tue of th is A c t and who shal l t r ade wi th or under colour of such license shall cause to be wr i t t en pa in ted or p r in ted in large legible R o m a n capitals upon t h e mos t conspicuous par t of every pack box bag t r u n k case boat car t or waggon or o ther vehicle or conveyance t he words " Licensed H a w k e r " together wi th t he n u m b e r n a m e or other m a r k or m a r k s of dist inction wr i t t en upon his or her license and t h a t every person m a k i n g default there in shal l forfeit and pay for every offence a sum no t exceeding twenty nor less t h a n five shil l ings.
5. A n d be i t fur ther enacted Tha i if a t any t ime from and after the thir ty-f irs t day of October nex t any person other t h a n to w h o m such license shall have been so granted as aforesaid shall wr i te p r in t or pa in t or cause to be wr i t t en pr in ted or pa in ted or kept or con t inue wr i t t en p r in ted or pa in ted upon any pack bag box t r u n k case boat cart waggon or other vehicle or conveyance for any goods wares or merchandise t h e words " L i c e n s e d H a w k e r " or "L i censed Ped le r " or any other word or words to t h a t effect every person offending there in shall forfeit for each offence t h e sum of five pounds .
G. A n d be i t fur ther enacted Tha t if any such H a w k e r Pedler or o ther person t r ad ing under and by v i r tue of any license to h im or her g ran ted as aforesaid upon demand made by any Jus t i ce of t he Peace Constable or other person employed in t he Police or to the propr ie tor or occupier of any house a t which he shall call w i th goods for sale or to t h e mas te r or mistress or overseer of any servants w i th w h o m he or she shall have dealt or offered to deal ei ther by sale or ba r te r w i th in twenty-four hours previous to such demand shal l refuse to produce and shew or shall no t have his or her license ready to produce and shew u n t o such Jus t i ce of the Peace Constable or other person employed in the Police or to the propr ie tor or occupier mas te r mistress or overseer as aforesaid t h e n the person so refusing or
not hav ing his license ready to produce and shew as aforesaid shall
forfeit t h e s u m of two pounds .
7. A n d be i t fur ther enacted T h a t if any person or persons whatsoever shall forge or counterfeit any license or licenses by th is Ac t directed to be g ran ted or t ravel wi th or produce or shew any such forged or counterfeit license or licenses for any of t h e purposes afore said every such person shal l for every such offence forfeit t he sum of
| twen ty | pounds .
8. A n d be i t fur ther enacted Tha t in case any person shall let |
out or hire or lend any license to h im or her g ran ted as aforesaid or shall t r ade wi th or unde r colour of any license granted to any person whatsoever or of any license in which his or her own real n a m e shall no t be inser ted as t h e n a m e of t he person to whom the same is g ran ted t h e person le t t ing out to h i re or lending any such license and the person so t r ad ing wi th or unde r colour of any license granted to any other person or any license in which his or her own real n a m e shall no t be inser ted as t he name of t h e person to w h o m the same is g ran ted shall each forfeit the s u m of five pounds and any person who shall be convicted of lending his or license to any other person or persons
con t ra ry to th i s A c t shal l forfeit such license and he from thence forth u t t e r ly incapable of hav ing any license again g ran ted to h i m or he r as aforesaid.
| 9. A n d be it fu r ther | enacted | Tha t all H a w k e r s or | Pedlers |
vis i t ing or passing t h r o u g h any es tabl ishment where the re are convict servants employed shall before t hey en te r upon any deal ing wi th any such servant upon or near such es tabl ishment go direct to t he pro pr ie tor overseer or person in charge thereof and obta in his or he r permission to enter upon such dealing and in case any H a w k e r or Pedler deal wi th any convict servant wi thou t such permission as aforesaid whe the r h e or she shall know such servant to be a convict servant or no t every such H a w k e r or Pedler so deal ing shall forfeit a sum of five pounds .
10. A n d be i t fur ther enacted Tha t in case any H a w k e r or Pedler shall in any place or unde r any c i rcumstances whatsoever e i ther of buy ing selling or bar te r ing deal wi th any convict knowing h i m t o be such wi thou t t he permission of t h e mas te r mis t ress or overseer of such convict being first h a d and obtained every such H a w k e r or Pedler shall forfeit the sum of t en pounds .
| 1 1 . A n d be i t fur ther | enacted | Tha t every H a w k e r or | Pedler |
who shall purchase or receive by way of ba r te r or otherwise any goods or chat te ls from any person t rave l l ing on t h e roads or elsewhere wi thou t ac tua l knowledge t h a t t he goods or chat te ls so purchased or received by way of ba r t e r or otherwise are t h e lawful pnoper ty of t h e person from w h o m they shall be received shall forfeit a sum of five pounds and if on such conviction the re shall appear to t h e J u s t i c e or Jus t i ces before w h o m t h e case shal l have been hea rd reasonable g rounds for bel ieving such proper ty or any par t thereof to have been stolen i t shal l be lawful for such Jus t i ce or Jus t i ces to cause such H a w k e r or Pedler t o be detained un t i l enqui ry shall be made and if t he c i rcumstances shal l justify it to commit h i m or her for t r ia l in t he usua l way for receiving stolen goods knowing t h e m to be stolen and in case of h is or he r conviction for such offence ho or she shall suffer such pun i shmen t as by law is awarded over and above the penal ty hereby inflicted.
12. A n d be it fur ther enacted Tha t i t shall no t be lawful for any H a w k e r or Pedler to carry or have in his or her possession a t any one t ime when so t r ad ing or t rave l l ing as aforesaid unde r and by v i r tue of any license g ran ted unde r th is Act any fermented or spi r i tuous l iquor unde r a penal ty of five pounds .
| 13 . A n d be i t fur ther | enacted T h a t in case any H a w k e r | or |
Pedler shal l be gui l ty of any breach of t h e provisions of th i s Ac t i t shall be lawful t o and for any Constable or other person or persons ent i t led to demand the product ion of his or her license as aforesaid e i ther by himself or themselves or w i t h t h e assistance of others to apprehend the offender and t ake h i m or her before t he nearest J u s t i c e of t h e Peace who upon proof ei ther by confession of t h e pa r ty offending or by t h e oa th of one or more credible witness or witnesses (which oa th t h e said Jus t i ce is hereby empowered to adminis ter) t h a t t he said pa r ty has offended against any of the provisions of th i s A c t t o convict the offender accordingly and the reupon if t he pena l ty be no t for thwith paid to commit t h e offender to t he nearest gaol or house of correct ion the re to r ema in for any t ime not exceeding one calendar m o n t h from the t ime of such commi tmen t when t h e sum shall no t exceed one pound two calendar m o n t h s when the sum shall no t exceed five pounds four calendar m o n t h s when the said sum shall no t exceed t e n pounds and six calendar m o n t h s where t he said sum shall be of a grea ter a m o u n t unless t h e s u m so to be levied together wi th t h e costs be sooner paid.
| 14. A n d be it fur ther enacted T h a t i t shall and may he | lawful |
for any Jus t i ce or Jus t ices of t he Peace before and by w h o m any person t r ad ing under a license granted in pursuance of th is Act shall be convicted for any offence contrary to t he provisions of th i s A c t t o t a k e away and cancel such license repor t ing t h e facts and t r an smi t t i ng t h e depositions t aken in t h e case to t he Clerk of the Peace to be by h i m laid before t h e nex t Qua r t e r Sessions of t he distr ict wherein the license was granted to be by t h e Cour t of such Quar t e r Sessions confirmed or disallowed as to the said Cour t shall seem fit.
15. A n d be it fur ther enacted Tha t in case any person shall have reasonable g round for suspect ing t ha t any missing proper ty has been t a k e n away by any H a w k e r or Pedler who has visi ted his house or es tabl ishment wi th in forty-eight hours or t h a t any servants belong ing to his house or es tabl ishment have been supplied by any such H a w k e r or Pedler wi th fermented or spir i tuous l iquors wi th in the; t ime aforesaid and shall m a k e oath before any Justice; of t he Peace of such facts as shall satisfy such Jus t i ce t h a t such reasonable g round of suspicion exists it shall and may be lawful for such Jus t i ce to issue a search war ran t to examine the person baggage boxes boats carts or o ther conveyance of t he H a w k e r or Pedler there in named or described such w a r r a n t to cont inue in force for such t ime as shall be there in ment ioned and in case any stolen goods or any fermented or spir i tuous l iquors shall be found in t he possession of such H a w k e r or Pedler such H a w k e r or Pedler shall be dealt wi th according to law whe ther unde r t he provisions of th is Act or any other Act against which he shall have offended.
Hi. Provided however and be it fur ther enacted Tha t no th ing here in contained shall extend or be construed to extend to h inder any person or persons from selling or exposing to sale any sorts of goods or merchandises in any publ ic m a r t m a r k e t or fair legally established wi th in t he said Colony b u t such person or persons m a y do there in as they migh t lawfully have done before t h e passing of th is Ac t any
| t h i n g here in | contained to t h e contrary | no twi ths tanding . |
17. A n d be it further enacted T h a t if any person convicted of any offence or offences punishable by th is Act or Ordinance before any one or more Jus t ice or Jus t ices of t he Peace as aforesaid shall t h ink himself or herself aggrieved by t h e j u d g m e n t of such Jus t i ce or Jus t ices such person shall have l iber ty to appeal from any such conviction to t he nex t Cour t of Quar t e r Sessions of t he Peace which shall be; held nearest to t he place where such offence shall have been
| from shall be suspended in case t h e person so convicted shall wi th | commit ted and tha t t h e execution of every conviction so appealed |
| two sufficient sureties immediate ly before such Jus t i ce or Jus t ices enter into a bond or recognizance to H i s Majesty H i s He i r s and Successors in t h e penal sum of double t he a m o u n t of t he penal ty so incurred or forfeited which bond or recognizance respectively such Jus t ice or Jus t ices is and are hereby authorized and required to t ake and such bond or recognizance shall be conditioned to prosecute such appeal wi th effect and to be for thcoming to abide t he j u d g m e n t and determinat ion of the said Cour t of Quar t e r Sessions and to pay such costs as the said Cour t shall award on such occasion and the J u s tices a t the said Cour t of Quar t e r Sessions are hereby authorized and required to hear and determine t he ma t t e r of t he said appeal and to award such costs as to t h e m shall appear jus t and reasonable to be paid by either pa r ty and such decision shall be final between t h e said par t ies to all in tents and purposes. |
| 18. A n d be i t further | enacted Tha t | no order or j u d g m e n t |
or o ther proceeding made touching and concerning any of t h e mat te rs aforesaid or touching and concerning the conviction of any
offender
offender or offenders agains t th i s A c t or Ordinance shall he quashed or vacated for w a n t of form only or he removed or removable by certiorari or any other wri t or process whatsoever in to t he Supreme
Cour t .
19. A n d be it fur ther enacted T h a t if any person or persons shal l a t any t ime or t imes be sued molested or prosecuted for any t h i n g by h i m or t h e m done or executed in pursuance of th i s Ac t or of any clause m a t t e r or t h i n g here in conta ined such person or persons shall a n d may plead the general issue and give t h e special m a t t e r in evidence for h is or the i r defence and if upon t h e t r i a l a verdict shall pass for t he defendant or defendants or t h e plaintiff or plaintiffs shall become non
sui ted or j u d g m e n t shall be recovered agains t h i m or t h e m upon
demur re r or if t he plaintiff or plaintiffs shal l discontinue his he r or
the i r act ion or be non-prossed the re in t h e n such defendant or defend
an t s shall have t reble costs awarded to h im or t h e m against such
plaintiff or plaintiffs.
20. A n d be it fur ther enacted Tha t all fines and penalt ies which m a y be recovered by v i r tue of th i s Ac t shall be given and paid one- half t o t he informer or prosecutor and the residue to t he use of H i s Majesty H i s Heirs and Successors for t he public uses of the said Colony and t h e suppor t of t he Government thereof.
| S C H E D U L E | R E F E R R E D | TO. |
| A. |
| F O R M | O F | L I C E N S E | T O | T R A D E | A S | A | H A W K E R | A N D | P E D L E R . |
| N E W | SOUTH | W A L E S | W H E R E A S | A. | B. | of | in | t h e | D i s t r i c t |
| TO | W I T . | J | of | hath | a p p l i e d | to | u s | t h e | J u s t i c e s | of | t h e | P e a c e |
| N o . | for | t h e | sa id | C o l o n y | a s s e m b l e d | a t | t h e | C o u r t | of | Q u a r t e r | Sess ions | for |
| D i s t r i c t | of | t h e | above | D i s t r i c t | h o l d e n | a t | in | t h e | C o u n t y |
| of | in t h e | C o l o n y aforesaid | on | t h e |
| d a y | of | in | t h e | y e a r | one | t h o u s a n d | e i g h t | h u n d r e d | a n d |
| to | be | a l lowed | t o t r a d e as | a | H a w k e r | a n d | P e d l e r | a n d to | h a v e a l i cense | for | such | p u r p o s e |
| g r a n t e d | to | h i m | u n d e r a n d b y v i r t u e | of an | A c t | of t h e G o v e r n o r | a n d C o u n c i l passed | in | t h e | fifth |
| y e a r | of | t h e | r e i g n | of | H i s | M a j e s t y | K i n g | W i l l i a m | t h e | F o u r t h | i n t i t u l e d | " | An | Act | for |
| licensing | and | regulating | Hawkers | and | Pedlers | " | N o w | we | t h e | said -Just ices | so | a s s e m b l e d |
| as aforesa id | h a v i n g | e n q u i r e d | i n t o | t h e c h a r a c t e r | of | t h e | sa id | A. | B . | a n d | b e i n g | fu l ly | sat isf ied |
| t h a t | t h e sa id A . | B. | is a f ree | pe r son | a n d | of | good c h a r a c t e r | a n d | r e p u t a t i o n | a n d | a | fit | p e r s o n | t o |
| b e | l i censed | t o exe rc i se | t h e | t r a d e | of | a | H a w k e r | a n d | P e d l e r | do | h e r e b y | u n d e r | a n d | b y | v i r t u e | of |
| t h e | power s v e s t e d | in | u s b y | t h e | a foresa id | A c t | l i cense | a u t h o r i z e | a n d | e m p o w e r | t h e | sa id | A . | B . |
| t o t r a d e | as | a H a w k e r | a n d | P e d l e r | w i t h i n | t h e | C o l o n y | of | N e w | S o u t h | W a l e s | a n d | to | se l l | a n d |
| r e t a i l | h i s | goods | w a r e s | a n d | m e r c h a n d i s e s | a t | such | p lace | or | p laces | w i t h i n | t h e | l i m i t s | of | t h e | sa id |
| C o l o n y | p r e s c r i b e d | for | l o c a t i o n | t o | s e t t l e r s | a s | h e | t h e | sa id | A. | B. | s h a l l | t h i n k | fit | s u b j e c t | h o w e v e r |
| t o t h e | seve ra l | p rov i s ions | a n d | p e n a l t i e s | in | t h e | sa id | A c t | specified | A n d | t h i s l i cense | s h a l l |
| c o n t i n u e | in force | for | t w e l v e | m o n t h s | f rom | t h e | d a t e | hereof | a n d | n o | l o n g e r | p r o v i d e d | i t | b e | n o t |
| forfe i ted | in | t h e | m e a n t i m e | a c c o r d i n g | to | t h e | p rov i s ions | of | t h e aforesaid | A c t | in | C o u n c i l . |
| G r a n t e d | b y | t h e | C o u r t | a t | aforesaid | t h i s |
| d a y | of | one | t h o u s a n d | e i g h t | h u n d r e d | a n d |
| |