Marine Stores Act 1898 (SA)
,4NNO SEXAGESIMO PRIM0 ETSEXAGESIMO
SECUNDO
A.D. 1898-9.
No. 716.
An Act relating to Collectors of and Dealers in MarineStores.
E it Enacted by the Governor, with the advice and consent of
B | the Parl imrnt of South Australia, as follows: |
1. This Act may be cited as ' T h e Marine Stores Act, 1898-9,"short title. and shall come into operation on
u day to be fixed by the Governorby Proclamation to be published in the
Govemme?zt Gazette.
2, I n thisAct and in a11 proceedings thereunder the followingIntcrprctntion. terms in inverted commas shall have the meanings stated, except
where some other meaning is clearly intended:--
'' Collector " means any person engaged in collecting or carrying
on the business of collecting marine stows of any kind:
Dealer " means any person other than a ship-chandler or ship* owner dealing in or buying and selling marine stores of any kind, whether such person deals in any other goods or not:
" Licensed " means licensed undcr this
Act: '' Marine stores" means partly-manufactured metal goods, second- hand anchors, cables, sails, old junk, rags, bones, bottles, and marine stores of every description, copper, iron, brass, lead, Muntz met.al, scrap metal, broken metal, or defaced metal goods:
" Prescribed " means prescribed by regulations:
b 6 Regulations "
61" &
c c Regulations " mean regulations under this Act:Ship-chandler" means any shopkccpcr in a seaport town whose
principal business is the wile of cordage, canvas, and other
furniture, and general necessaries of ships:
((Truck " means truck, haadcart, cart, barrow, or vehicle of any
kind whatsoever.
PART I.
COLLECTORS.
Licences to be issued
3. |
hereto, | |
to any person- |
t . Under the age of sixteen years; or
11. Who slrall have been twice convicted of a felony or of amisdemeanor.
The sum of One Shilling shall be paid for cvery collector's licence. | |
Every collector's licence shall entitle the holder thereof to carry |
on the business of a collector in all parts of the said province.
Applications for
4, Every application for |
unlicensed shall be made in the form in thc First Scheclnle hereto, signed by the applicant, arid shall be accompanied by a certificate, in the form in the said First Schedule, signed by two reputable householders residing within the said province. |
5, If any collector shall not-
I. Within seven days after h i n g licensed leave his address in |
writing, signed by him, with the officer in charge of the |
police statlon nenrcst to thc place of s w h address, and also within thc smic pcriod report himself and exhibit his licence to such police officer; or | |
or constable, or to any person from whorn Ire has within twenty-four hours previously bought or offered to buy, or collected or offered to collect, any marine stores; or |
keep all marine stores other than glass bot tlcs purchased | |
were 61" &
62" VICTORIE, No. 716.
were in when so purchased or received for four days at | ||
least next after snch purchase or receipt, or if he sell the same within the said period deliver the same to the licensed dealer purchasing the same in the same state and condition as when purchased or received; or |
vr. | Show such badge when and so often as may be prescribed; or |
to be
his badge to thc officer in charge of the police station gE:g | nearest to thc place whrre he residcs at thc time he ceases |
to be licensed: |
he shall be guilty of an offence against this Act, and shall for every offencc foi-feit and pay a penalty not exceeding Five Pounds or be imyrisoncd for any term not exceeding one calendar month.
6, If any collector shall-
I. Lend or let out on hire his licence to any person, whomso-Licences not tobe
ever, whether licensed or not; or |
Sell or | otherwise dispose of | any marine stores other than |
glass bottles to any person other than a licensed dealer; or
Kcensed
m. Carry on his business of collecting marine stores or of |
buying or selling the sarnc before cight o'clock in the
morning, or after five o'clock at night; or
rv. Use any truck for tllc purposes of his business which shall | not have painted or markcd upon it in such manner, and |
with such lettcrs, as may bc prescribed, a number, and also the name in full and the address of the owner thereof, whether the collector using the truck shall be the owner or not; or |
V. Allow any person othel. than a licensed collector, or allow Two |
more than onc licensed collector to accompany him when | |
using a truck in the business of collecting marine stores; or |
vr. Enter any prelriises without the permission of the owner or
Coliectors not toenter
premises without
occupier thereof; or |
V I I. Having entered upon an.y premises, with or without theTo dopart when permission of the owner or occupier thereof, neglect or
directed. refuse to immediatclv leave such premises when directed.
to do so by snch dwncr or occupier or his servant or
agent; or
insulting behnvior, whilst in pursuit of | his occupation |
as a collector in any place, whether private or public:
he shall be guilty of an offence against this Act, and shall forfeit and pay
a penalty not exceeding 'l'en Pounds, or be imprisoned for any term not exceedingtwo calendarmonths. On
61" &
On a second conviction for
any offence against sub-sectionI. of
this section the offender's licence shall be from thenceforth forfeited | |
and void, and he shall be thenceforth incapable of holding lector's licence. | |
It shall be lawful for | |
7. If |
I. Act as a collector without being licensed so to do; or
Licence not to be
11. Hire or borrow or act as a collector with or under color of |
any licence issued to any other persou, or of any licence in which his own real name is not inserted as the name of the person to whom the same is granted; or
Dealers only to pur-
IIL Not being a licensed dealer, purchase or receive from any collector any marine stores other than glass bottles; or | |
I v. Not being a licensed collector! accompany ally truck then |
being used in the business of collecting marine stores; or |
v. Not being a licensed collector, wear, for the purpose of pass- ing as a licensed collcctor, or for the purpose of engaging in or assisting in carrying on the business of a collector, any badge prescribed:he shall be guilty of
an offence against this Act, and shall forfeit and pay a penalty not exceeding Ten Pounds, or be imprisoned for any term not cxceeding two calendar months.
On a second conviction for any offence against sub-section 11. of this section the person so convicted shall be rendered inca.pable of being licensed as a coll~ctor. | P A R T |
for any term not exceeding two calends months. |
61" &
62O VICTORIE, No. 716.
may bc granted and issued, and a transfer thereof to any person OF
Applicationfor
premises may be permitted by the Special Magistrate presiding at | |
the Local Court liearc& to the premises in wspect of which the licence is applied for or was granted. |
10, No dealer's licence shall be granted or issued or any transfer Noticeofapplication
thereof permitted unless the applicant therefor shall, ten days at the |
least
before his application, give or send by registered letter to the clerk of the Local Court and to the Commissioner of Police a notice in writing signcd by him of his intention to apply for the same, setting forth his name and address and thc place where his business is intended to be carried on. The Commissioner of Police or any person authorised by him inay show cause against the granting ofcause. any such application. The sum of One Pound shall be paid for
Fee for dealer's
every dealer's licence. |
11, Every applictition for permission to transfer a dealer's licenceProposed transferee
to any person shall bc made by' the proposed transferce. |
premises is permitted the fkct and &ate of such permission, and the |
name and description of the person to whom or description of the premises to which thc liccnce is pcrmittcd to be transferred, shall be indorsed upon such licence, and the person ilarned as the transferee or the prcmises described in such indorsement shall thereupon and thenceforth for all purposes be deemed to be the person to whom or
the prcmises in respect of wllicl~ | the licencc was granted, |
If any licensed dealer shall not- |
painted on outaide of I. Cause to be painted and kept painted in such inwmcr as may
F " ' ~ ~ ~ ~ ~
bc prescribed his name in full, and the words "licensed dealer in nlarine stores" upon sonw conspicuous part of
is gmnted; or | the outside of the premises in respect of which his licence |
11. Keep cvcry part of his business premiscs closed during the
Premises to beclosed
whole d | every Sunday and public holiday, and between |
the hours of six o'clock in thc afternoon of every day except Saturday and Sunday and eight o'clock on the following ~norning, arid also from two o'clock in the
nfter- noon of cvcry Saturday and eight o'clock on the fbllowing Monday mouniiig; or
Act, the name of every persorl to whom he shall lend or let | |
on hirc, whether gratuitously or otherwise, any truck, and the date when a'nd the period for which such truck shall be lent or let on hire, and the amount (if any) charged for such lcnding or hire; or |
IY, Keep
VICTORIE, No. 716. |
hereto, and enter therein an account of all such marine | |
stows as he may fro111 time to time become possessed of, stating in rcspect of each article t,he clay and hour upon and at which, and the person by or through whom and the person from whom he purchased or received the same, adding a true description of the business and place of abode of such last-mentioned person; or | |
V. Keep a book, in the fortn set forth in the Sixth Schedule hereto, and enter therein an account of all such marine stores as hc may from time to time sell or dispose of, stating in respect of each articlc thc day upon which and the name of the person by or through whom and the person to whom he sold or disposed of the same, adding a true description, if known to him, of the business and place of abode of such last-mentioned person; or | |
station nearest to any place where he carries on business | |
Keep all marine stores purchased or received by hi111 without | ||
changing the fortn in which they were when so pur- chased, or disposing of the same in any way for a. period of seven days after such marine stores havc been purchased or received: |
he shall be guilty of an offence against this Act, and forfeit and pay
a penalty not exceeding Ten Pounds or be imprisoned for any term
not exceeding two calcndar months.
14, If any licensed dealer shall-
business on liceneed
than those to which his licence applies; or |
rr. At any time upon demand made to him upon any part of the premises upon which he carries on the business of a dealer by a n y Justice of the Peace or member of the Police Force refuse or fjil to produce and show to such Jnstice of the Pcace or member of the Police Force his licencc in force at the time of such demand; or | |
a licensed collector; or |
IV. Charge
61" & |
p - | - -- |
the maximum amount prescribed; or
v. By himself or any other person on his behalf purchase orMarine stores notto
receive any marine stores from any persoxi apparently under |
the agc of sixteen years; or
vr. By himself or any other person on his behalf purchase orRestriotionon
receive any marine stores of | any description before the |
hour of nine o'clock in the morning or after the hour of six o'clock in the evening, or employ any person under the age of eighteen years to purchase or receive marine stores of any description:
he shall be guilty of an offence against this Act, and shall forfeit
and pay a penalty not exceeding Ten Pounds or be imprisoned forany term not exceeding two calendar months.
PART 111.
MISCELLANEOUS.
cation, or forfeiture of | his licence. |
16, Every licence issued under this Act, unless sooner revokedExpiration of licence. or forfeited, shall be in force from the day following the date thereof
until the thirty-first day of December then next following.
No person to hold
No person shall hold both a collector's and a dealer's licence. | , |
both a coueetor'a and
dealer's licence.
17, In any prosecution under this Act any allegation in anyPresumption thatinformation that any person is unlicensed
nccd notbc proved, andp8"0nBudiceneed. such person shall be deemed to be unlicensed until the contrary be
proved by the production of a licence or otherwise.
dealer when they are placed in any housc, outhouse, yard, garden, or place occupied by him, or shall have been renwved with his know- ledge and permission to any other place without a
bonQ Jide sale of such marine stores having hecnnladc by him.
19. Every entry in any book kept or belonging to anv dealer, orEntrieeindealer'~
found on his licensed premises, shall be deemed, unless the contrary | |
be shown, to have bcen made by or with thc authority of such dealer. |
may on the complaint of any person that any licensed person |
has bcen guilty of any violation of any of the provisions of this Act or of anv regulations, or that such person is in any other respect unfit to -hold any licence, revoke such licence by any order under his or their hands and seals.
VICTORIE, No. 716. |
permitted to be transferred, or revoked shall cnter particulars of the |
same in a register to be kept in such Court, and shallsend a copy of such entries to the Commissioiler of Police,w11o shall cause the same to be entered in a register to be kept at his office andat any other place which may be prescribed.
Inepectore, &c
~olice, | |
If, after demand, admittance be refused or be delayed for such time as shall make i t appear that wilful delay was intended, thc offender shall forfeit and pay a sum not exceeding Fifty Pounds, | |
and such Justice, commissioner, inspector, sub-inspector, sergeant, or | |
constable may break into such place of business or the appur- tenances thereof. | |
by any person that the complainant has reason to believe and does believe that any marine stores stolen or unlawfully obtained are kept in any house, shop, room, or place by any dealer may, by warrant, authorise any constable, with such assistance ss may be'necessary, to enter such house, shop, room, 01. place, either | ||
be named in such summons, and if such dealer shall not then and | ||
thcre prove to the satisfaction of such Justices how he came | ||
| ||
any of them, he had reasonable cause to believe then1 or some of them to have been stolen or unlawfully obtained, then, and in either of such cases, such dealer shall be 'linblc to a penalty not exceeding Ten Pounds, or, at the discretion of such Justices, to imprisonment with or without hard labor for a term not exceeding three calendar months. |
or agent, by way of sale or exchange, any marine stores shall refuse | |
or not be able to give a satisfactory account of himself or of the | |
means by which he became possessed thereof, or shall wilfully give any false information to the dealer or to his servant or agent as to whether such marine stores are his property or not, or of his name or place of abode, or of the name or place of abode of the owner of | |
the said marine stores, or if there shall be any other reason to |
suspect
61" & |
- | - | -- |
The -@urine Stores Act.- 1898-9.
- | -- - |
suspect that such marine stores arc stolen or othrrwise illegally or | PAR* |
clandestinely obtained, it shall be lawful for any clertler or his servant or agent to whom such marine stores shall be so offered to seize and detain such person and the said marine stores and to deliver such person immediately into the custody of a constable or other peace officer, who sllall and is hereby req~~ired as soon as may be to con- vey snch person and thc said marine stores so offered before some Justice near to the placc where such person may be apprehended, and if such Justice shall, upon examination and inquiry, have cause to suspect that the said marine stores were stolen or illegally or clan- destinely obtained, it shall be lawful | |
obtained, the said Justice is hereby authorised and required to commit the person off'ending for trial at the Supreme Court where the offence is one in respcct of which a person might bc so com- mitted, or otliel.misc to order such person to be imprisoned, with or without hard labor, for any term not exceeding three calendar months. |
25. All complaints and informatiolis for offences and proceedings Hearingof complaints for the forfeiture OF revocation of any licence under this Act shall,
and except where otherwise provicled, be hcard amd determined in a
summary way before a Special Magistrate or any two or more
Justices.
26, There slut11be an nppeal from any decision of any SpecialA ~ p e a l. Magistrate or Justice or .Justices to ttlc Loval Court of Adelaide of
Full | Jr ~risriiction. |
Such appeal shall b(: regulatcti by Ordinance No. 6 of 1850, and
The Jnsticcs Procedure Amendmcn t Act, 1883-4.'' |
of appeal. |
think fit.
28, Such Local Court may statc a special case for the opinion of Special case.the Supreme C'ourt.
ing to thc practice of the Supreme C'ourt on special cases, and may |
make any order as to the costs of | the proceedings in that Court and |
in the Court below. |
for yrescribing- |
I. 'l'hc form, manner, and placc of registration of licences, ~cnewals, revorations and other inattcrs requiring registra- tion undcr this Act, wlrerc not specially provided for in this Act:
11. Means
B-716
VICTORIE, No. 716. | - |
8-9, |
licenccs and revocations and forfeitures thereof:
and manner in which the same shall be worn:
m. The mode by which collectors shall make known their approach, whether by bell or otherwise:
v. All such observances as may not be specifically provided forin this Act and which the Governor considers it desirable
that collectors should comply with in carrying on their
business:
painted or otherwise distinguished, and the mode of painting or otherwise marking the name and address of the owner, whether a collector or dealer, upon such truck and of numbering and marking the number upon any truck:
vrr. The maximum amount which may be taken by any dealer from a collector for the use or hire of any truck:
v w, The manner and situation in which the names of dealers shall be painted upon the prernises upon which they are licensed to carry on their business as dealers:And generally for carrying into effect the provisions of this
Act.
A l l such regulations upon being published in the Government
Gazette and laid before both Houses of Parliament for thirty days, if not disallowed by either House of Parliament, shall be valid inlaw as if the same were enacted by this Act, and shall be judicially noticed, and any trollector, dealer, or person who is guilty of any breach of any of such regulations whether by the omission of any act directed to be performecl or by the comrnissioiiof any act forbidden to be done shall, for every such offence for
which no penalty is imposed b y this Act, be subject to a penalty
not exceeding Five Pounds, or to be imprisoned, wi th or without hard labor, for any period not exceeding one calendar month. | In the name and on behalf of Her Majesty, I hereby asscnt to |
this Bill.
S. J. WAY, 1,icutenant-Goverxlox..
61" & | - |
-
The Narine Stows Act,-1898-9. p-------A
SCH EDUI,"ES. [South Austmlio.]
a The Marine Stores-4ct, 1895."
nlpylicnlion for Collector'sLicmce.
T o thc Commissioner of | Police. |
I, | do hereby clcclaro tha t I |
sixteen years, and apply for
, | . |
[
HouselroZdera' Cerlijeate.
We, C. D., |
the above-named | last |
during all that | , and is a person of | good character and |
reputation, and
Dated | day of | , |
i; | F:: |
[South Australia.] |
" Tho Marine Stores Act, 1898."
i'r,llcrtorls Licence.
hereof until the thirty-first day of December, 18 | . |
Given at LMelaidc, in ~ h c | said prorirrce. thc | day of | , | . |
Commissioner of Poliw. | |
This 1icenr.e is not to be let on bite or lrnt to any person. |
The collector, if he change his abode, must
rrpoit hisnew place of aljod-,to the police officer of
the statiox nearest to the | to his last former place |
licence is subject to revocation or folfeiture if the colleotor be |
brcac:h | any |
61"
THI11D SCHEDULE. |
[South Australia.]
"The Marine Store8 Act, 1898."
Whereas A. H., of
[address and descrzjltion] has appliedto me, the Special
Magistrate presiding at the Local Court of |
dealer: Now I, the Spccial hlagistratc aforesaid, being satisfied thnt the said A. B. is a fit person to have such licence granted to h i m, do hereby authorise and empower h im, the said
A. B., to act as a dealer and to carry on the business of dealing in andbuying and selling marine stores at the premises occupied b y him in
[nnnae of street
a n d name ofplace]. and this liccncc shall (~mless thc same bc soonerrerokcd or for- feited) be and continue in force from the day next following t h e date hereof until the thirty-first day of December, 18.
Given undcr my hand and ihc seal of the said Cou~ | t at | the | day |
. |
Registered No. | Special Magistrate. |
Section
1 3, sub-
~ec t ion |
" |
- | -. | - | - - - | -- | < | -- | . - - --p |
I |
Whether on Hire or l
Name of Collector / | Date on whit h | (-jrrruitoul~y, | andi t, Pmiod for rliiuh | S o. ou Trueb, |
to whom Truck, &X. Truck, BC., Lent cr | Truclr, | BC. | Lent or Lct |
on | 11iIc at |
Lent or Let on Hire./ | Let on | 1'ric.c. | / | is Lcnt or Let. | on Hire. |
Section 13, sub- | FIFTH SC'HI31)ULE. |
ecction IT.
' ' 'l'he Blnlinr S!OIPS |
md | ' Ksmemd Sulaame |
Description | Iiurines* and 1'lac.u |
I | by |
of Marillc | of A b o b of Person |
or Receipt | , who~n | 1 ' ~ r ~ h a s ~ d | fronl who111 |
and Hour of Day. | I'ui chased or | or Received. | chased or litweived. |
IZcc~c~iv~d.
! | i |
-- | --. | . | . - - - | L - | - | -U | - | -L | |
SIXTH |
61" & | VICTORIW, No. |
The Marine Stores Act.-1898-9.
l' The Marine Stores Act, 1898."
Entry of Saler and Dispositions.
I |
; |
1 |
I |
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-.- | -- > - - | - - |
C-716
0
0
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