Licensed Hawkers Act 1863 (SA)

ANNO VICESIMO SEXTO ET VICESIMO SEPTIMO

A. D. 1863.

No* 3.

An Act to regulate the Licetzsi~g of Hawkers.

[Assented to, 12th November, 1863.1

HEREAS it is expedient to make provision for the licensing Preamble.

W of Hawkers--Be it therefore Enacted by the Governor-in- Chief of the Provincc of South Australia, with the advicc and con-

sent of the Legislative Council and House of Assembly of thc said

Province in this present Parliament assembled, as follotvs:

l. There shall be raised and paid to the Treasurer, for the Duty for licences

public uses of the said Province, the rates and duties following, that is to say, by every hawker, pedlar, petty chapman, and every other trading person going from town to town or to other mcnJs houses, and travelling either with or without a horse, ass, mule, or other beast bearing or drawing burden, or with a cart, waggon, or any other wheeled vehicle in the said Province, and carrying to sell, or exposing to sale any goods, wares, or merchandixe, save as herein

C

rnentioncd, a duty of One Pound for each year: Provided that the P r O ~ i ~ O.

duty to be paid by any person carrying a pack only, shall be the

sum of Two Shillings and Sixpence,

2. There shall be payable for the use aforesaid, for every servant servants' licence fee.

employed by any pcrson to travel as aforesaid, the further sum of

Ten Shillings for every year beyond the sum payable as aforesaid.

Ir

3. Before any person shall receive any licence to trade or travel ~; $; ~ e ~ ~ ~ d u c e

as aforesaid, cvery such person shall produce to the Treasurer, or character,

some one authorized by him for licensing hawkers, pedlars, petty

chapmen, and other trading persons as afaresaiil, a certificate

signed

19 26" & 2 7 O VICTORIB, No. 3.

. 3 F!\ ;< +

II +; q --$& *

Licensed Hawkers A c t. X 86 3.

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9 . - 7 Q#‘ '.- - tc' signed by tn-o reputable inhabitants of the said Province, attesting %hat the person so applying is of good character and reputation, and is a fit person to exercise the trade of a hawker, pedlar, or pctty chapman.

4. The certificate so to be produced as aforesaid shall be in the form or to the effect following-

Form of cortificntb, W e C. D. and E. F., being two householders residing at in the Province of South Australia, do hereby certify

that G. H. hatb been known to us for the space of

last past, and during all that time hath usually resided at

aforesaid, and is a person of good character and reputation, and is a fit person to be licenscd to receive a licence under the Licensed Hawkers Act, 1863.

Dated the day of l@

D* 1 Householders.

E. F.

Treasurer may issue	5. The Treasurer, or person authorizcd by him, upon receiving such certificate, may issue to any person applying for the same, upon payment of the duty hforesaid, a licence in the form in the Schedule to this Act annexed, to be called a Hawker's Licence, authorizing the pcrson to whom the same shall be granted to trade and carry about goods for sale with or without any cart, carriage, waggon, or other vehicle, or with or without a horse, ass, mule, or other beast of burden, and such licence shall be in force until the twenty-fifth day of March next following the date thercof,
ieencee to hawkers.
Licencee must IW in

actual charge of the 6, The person named in the licence aforesaid shall be in actual

eehide go& charge of the cart, carriaee, waggon, or other vehicle, or beast of

for sale are carricd, burthen aforcsaid. with whlch he shall travel with goods by virtuc of

Penalty for csrqiog the licence; and any unlicensed person who shdy with or without

goods without l;.cenoe. any cart. carriage, waggon, or other vehicle, or beast of burden as

aforcsaid, trade, or carry about goods for sale, shail be liable to a

pcnalty of not less than Ten Pounds, nor more than Fifty Pounds.

Packages of hawker	7. Every persen to whom any snch licence as aforesaid shall be shall cause to be written, paintcd, or printed in large legible Roman
to have thc words	granted, and who shall trade with or under color of such licence,
S,	'41iccnsoa hsaker,.~

L C : ~ . , .H . 4-c!) \ g

capitals, upon the most conspicuous part of every pack, box, trunk, case, cart, or waggon, or other vehicle or conveyance in which he shall carry his goods, wares, and rnerchandixe, and likewise upon every handbill or advertisement which he shall give out, distribute, or publish, the words " licensed hawker," together with the number, name, or other mark or marks of distinction so written or printed

Pcnalty.	upon his licence as aforesaid; and every such person in any respect making default herein shall forfeit for every offence the sum of Ten Pounds.
pcr80ns not licensed

wing such words. 8. If at any time any person, other thnn one to whom such licence

shall

26" & 27" VICTOR'IB, No. 3,

Licensed Hawkers Act.-l 86 3.

shall have been so granted as aforesaid, shall write, paint, or print, or

cause to be written, painted, or printed upon any pack, bag, box,

trunk, case, cart, waggon, or vehicle for conveyance of any goods,

wares, or merchandize the words licensed hawker, or licensed pedlar,

or any other word or words to that eRcct, such person hall forfeit	Penalty.
for each offence the sum of Ten Pounds.
No hawker &all carry
9. No licensed hawker or his licensed servant shall carry any spirituous, malt, vinous, or fermented, or intoxicating liquors; and any licensed hawker or servant who shall carry any such liquors, shall bc deemed to be carrying such liquors about for sale, and be liable to be punished accorclingly.	liquors in hie vehiole.
10. If any hawker, pedlar, petty chapman, or other trading person as aforesaid, shall be convicted under the provisions of this Act of	Hawkers dealing In
smuggled, &o., goods.
kno\yingly dealing in, vending, or selling any kind of smuggled,
contraband, or prohikited goods, mares, or merchandize, or knowingly
dealing in, vending, or selling any goods, wares, or merchandize
fraudulently or dishonestly procured, either by himself or through
thc medium of others, with his privity and knowledge, every such
hawker, pedlar, or petty chapman, or trading person shall forfeit and	Penalty.
pay a penalty of not less than Twenty Pounds, or more than One Hundred Pounds, arlci frorn a id after such conviction shall forfeit his licence, and for ever thereafter be incapable of obtaining or holding any new licence, or dealing, trafficlcing, or trading under the same, over and above all sur.h fhfeitures and incapacities, fines,and penalties to which he is or s l d l be by law subject and liable for such illicit
and illegal trafficking and dealing.

l l. If any such hawker, pedlar, or petty chapman, or other trading Tradir.g contrary to

person so travelling as aforesaid, or any servant hired under this Act,	licesm.
shall trade as aforesaid without, or contrary to, or otherwise than as
shall be allowed by such licence, such person shall for each and	Penalty.

evcry such offence. forfeit the sum of Ten Pounds; and if any person

licence to him granted as aforesaid, upon demand made by any	tradmg or travelling with goods for sale under or by virtue of any	person authorized or appointed to demand any such licence by the Treasurer, and upon producing or showing such authority or appointment to such person so trading as last aforesaid, or upon demand made by any Justice of the Peace, Mayor, constable, or other officer of the peace, or by any officer of the Customs, or by any person to whom such hawker, pedlar, or petty chapman, or person licensed as aforesaid shall offer any goods for sale, shall refuse to produce and show his licence for so trading as aforesaid, or shall not have his licencc ready to produce and show unto such person authorized or appointed as last aforesaid, or unto such Justice of the Peace, Mayor, constable, or other officer of the Pence, or officer of the Customs, or person to whom such goods shall bc offered for sale, then the person so re- fusing or 112 having his licencc ready t o produce and shorn as aforesaid, shall forfeit Ten Pounds, to be recovered as hereinafter
mentioned. 12. Any

26" & 27" VICTORIB, No. 3. - - - -. .

Licensed Hawkers A c t. 1 8 6 3.

c * m e b e s e d e d 12. Any Justice of the Peace, or person authorized in writing by

any Justice of the Peace to make searches under this clause, or any Inspector of Police, constable, or other peace officer or officer of the Customs, may at any time search any pack, box, trunk, case, cart, or other vehicle under the charge of a, licensed hawker or his servant.

Permna carrying	13. If any person shall be found in charge of a vehicle or any
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to be deemed ta be carrie about for a&, beast of burden carrying goods of a description usually carried uadly

carrying them for

about for sale, except the goods hereinafter excepted, he shall be

d e.

deemed, in the absence of proof to the contrary, to be carrying such

goods about for sale, and be liable accordingly.

Forging or uaing

forged lioenca

14. If any persoE whatsoever shall forge or counterfeit any licence by this Act directed to be granted, or travel with or produce or show any such forged or counterfeited licence for any of the pur-

Penalty.

poses aforesaid, such person shall for every such offence forfeit the

sum of Threc Hundred Pounds.

Hiring or Iending

licence. 15. In case any person shall let out or hire or lend any licence to

him granted as aforesaid, or shall trade with or under color of any licence granted unto any person whatsoever, or of any licence in which his own real name shall not be inserted as the name of the person to whom the same is granted, the person letting out to hire or lending any such licence, and the person trading with or under color of any licence granted to any other person, or any licence in which his

Penalty.	own real name shall not be inserted as the name of the person to whom the same is granted, such person shall forfeit the sum of Forty Pounds, to be recovered and applied as hereinafter men- tioned; and in case any person shall be convicted or have judgment against him for lending his licence to any other person contrary to this Act, such licence shall be from thenceforth forfeited and void,
and he shall be utterly incapable of having any licence again granted
to him to trade as aforesaid.

Poreone trading 16. I t shall be lawful for anv uerson whadsoevcr to seize and d L

without, licen~e or

rePvsisg to produce it, detain any hawker, pedlar, petty chapman, or other trading person as

how dealt with. aforesaid who shall be found trading without a licence, contrary	Distress.	to this Act, or who being found trading shall refnse or neglect to produce to such person a licence according to this Act, after being required to do so after a seasonable time in order to give noticc to
a constable or other peace officer, who is hereby required to carry
mch person so seized, unless he shall in the meantime produce his licence, before some Justice of the Peace, which said Justice of the Peace is hereby authorized and strictly required to examine into the fact or facts charged; and upon proof, either by confession of the party offending or by the oath of one. credible witness (which the said Justice is hereby empowered to adminster), that the person so brought before him had so traded as aforesaid, and no such licence
being produced by such offender before the said Justice, to convict
the offender so trading without a, licence, and thereupon it shall be

260 & 27" VICTORIB, No. 3.

Licensed Hawkers Act.-1863.

be lawful for such Justice, and he is hereby required by warrant

under his hand and seal to cause the said sum of Forty Pounds to be levied by distress and sale of the goods, wares, or merchandize of such offender, or of the goods with which such offender shall be found trading as aforesaid, rendering thc overplus, if any be, to the owner thereof after deducting the reasonable charges for making such dis- tress, and out of the said sale to pay the said respective penalties and forfeitures aforesaid, and in the mean time to commit such offender to any public gaol for the said Province, there to remain Imprisonment*

until the said penalties and forfeiturcs and the reasonable charges of taking the said distress shall be levied by such distress and sale as aforesaid, or until the same shall be otherwise paid or satisfied by such offender.

neglect upon due notice, or in his view to the aiding and assisting assist. 17. If any constable or other officer of the peace shall refuse or Oonstableerefueing to

in the execution of this Act being thereunto required; and every

such officer being thereof convicted upon his confession or by the oath of one or more credible witness, befbre any Justice of the Pcacc, shall forfeit for each and every such offence the sum of Twenty pendty-

Pounds.

18. Nothing in this Act shall extend to prohibit any person from Proyidion enddin maker of any goo % s

selling any prmted papers, or any fish, fruit, or victuals, timber, to 0611 same by rotail.

fuel, vegetables. hav. straw. or otller food for cattle, nos to hinder the r e a l ' w o h or makki of any goods, wares, or manufactures of the said Province, or his children, apprcntices, or known agents, or servants usually residing with such real worker or maker only from carrying abroad or exposing t o sale and selling by retail or otherwise any of the said goods, wares, or manufactures of his own making, excepting liquors 6s hereinbefore provided, nor any tinker, cooper, glazier, plumber, harness mender, or other person usually trading in mending kettles, tubs, household goods, or harness whatsoever from going abroad and carrying with him proper material for mending the

same, nor any person himself, or by his children, or known agents,

carrying about for sale any wine, cider, or perry the produce of his

own vineyard or orchard for sale in such quantities as shall be

allowed by law.

19. Every proceeding under this Act against licensed or unlicensed ~ ~ ~ ~ ~ d ~, " &, " 8 p e.

or

persons for omissions, defaults, neglects, acts, or offences, to cinlxa*rate of Justices of the Peace out of Scssions with respect to summary convictions and orders," or of any Act hereafter to be in force relating to the duties of Justices of the Peace with respect to summary convictions and orders.

which f~rfeitures or other penalties attach, shall, except when tw0JU"ce~.

othenvisc provided herein, heard and determined in a b n m a r y

way by any Special Magistrate or two Justices of the Yeace, under

the provisions of an Ordinance of the Governor and Legislative

20, There

D

14 26" & 27" VICTORIB, No. 3.

Licensed Ha~kers .Act.-1 863.

p-

-- -

Appeal to Adelaidc

Local Court of Full

20. Thcre shall be an appeal from any conviction by any Special Magistrate or Justiccs of the Peace for any off~nce agLinst this Act, or from any order declaring the forfeit of any licence as hereinbefore mentioned, or from any order dismissing any information or corn- plaint, or from any order for payment of costs or otherwise, which appeal shall be to the Local Court of Adelaide of Full Jurisdiction only, and the proceedings on such appeal shall be conducted in man- ner appointed by the said Ordinance for appeals to Local Courts; but the Local Conrt of Adelaidc nforcsaid may make such order as to payment of the costs of appeal as it shall think fit, although such cost may exceed Ten Pounds: Provided always, that in all cases of appeal against any or6er or conviction of any special Magistrate or Justices of the Peace declaring any licence granted under this Act to be fodeited, the ap'gellant shall, within four clays of the date of such order or conviction, give to the Clerk of the Court in which the case was heard, or if there shouid bc no Clerk, then to the Special Magis- trate or Justices of the Peace adjudicating, notice in writing stating his intention so to appeal, which notice shall be in addition to the notices required to be given by the said Ordinance.

Jurisdiction.

hearing of appeal, U C ~ COII* upon 21. The Local Court of Adelaide, upon the hearing of any appeal,

may atate special case, may state one or morc special case or cases for' the opinion of the Sunreme Court, ancl the Supreme Court shall hear and decide such sp&ial case or bases accord.iig to the practice of the Supreme Court on special cases, and the Supreme Court shall make order as to costs of any special case as to the. said Court shall appear just; and any two or more Justices of the Peace, or the Local Court of Adelaide, shall makc a n order in respect to the matters referred to the Supreme Court, in conformity with the certificate of thc said S~zprenie Court, or of any Judge thereof; which order of the Justices or Local Court shall be expressed in manner provided for the enforcement of orders of Justices of the Peace under the said Ordinance; and save as herein provided, no orcler or proceeding of any Special Magistrate

into the Supreme Court, or Justices, or of any Local Court, made under the authority of this Act, shall be appealed against, or removed by certiorari, or otherwise,

rrdection to officcra	22. All actions arrd prosccrztions to be commenced against any person for anything done in pursuance of this Act shall be corn- menced within three calendar months after the act was committed;
and notice, in writing, of such action, and the cause thereof, shall
be given to the defendant one calcndar month at least before the commencement of the action; and the defendant in any such action may plead the general issue, and give this Act and the special matter in evidence at any trial; and the plaintiff shall not recover in such action if tender of sufficient amends shdl be made before action brought, ar if after ~ct ion brought the defendant shall pay into Court sufficient amends, but in such last-named case the plaintiff shall recover his costs of suit up to the time of payment into Court, and if a verdict shall pass for the defendant, or the

plaintiff

Licensed Hawkers Act.-1 863.

plaintiff become nonsuit or discontinue, the defendant shall recover full costs as between attorney and client, and have his remedy for the same in the usual way.

23. This Act may be cited as t.he Licensed Hawkers Act, short title to ~ c t.

1863,"

In the name and on behalf of the Queen I hereby assent to

this Act.

D, DALY, Governor.

THE

26" & 27" VICTORIB, No. 3,

Licensed Hipukers Act. -186%

THE SCHEDULE.

South Australia--Whereas A.B., of , Lath paid the sum of One

Pound [or Ten Shillings, as the cnse map be] to me ss fee for a hawker's licence [or licence as ~e rvsn t to A.B., a licensed hawlrcr, as the cnse may be], now I, the

undersigned, Tremurer of South Australta, do hereby authorize the said to

hawk and carr: about any goods, except intoxicating liquors, for sale, in any part of the said Province, in any cart, waggon, or other vehicle, or with any horse, ass, mule, or othe;. beast of burden of which he shall be in the actual chargo, until the thirtieth day of June now next ensuing, or until this licence shall be forfeited.

Dated this day of , 186 . '

C.D., Treasurer.

Adelaide : Printed by authoriq by W. C. Cox, Government Printer, VictoFia-square.