Markets Act 1847 (SA)

No. 8.

FOY the Esl'nblishnzent nnd Regulation of Markets.

Clst May, 184'7.1

HEREAS it is expedient to provide for the Est,ablishrnent and Preamble.

Regulation of Markets.

BE 1~ THERE! ORE EXACTED by the Governor of South Australia,

with the advice and consent of the Legislative Council thereof :-

cc'

THAT it shall be lawful for the Governor, whensoever it inay appear ~o,,,,,,,,ppoint

expedient that Markets should Be established in Adelaide, or in Markets, a n d v o - claim the t imer and

any other 'romns or Places within the t'rovince, to appoint such	of holding the
Markets accordingly, and to fix the times and places for the holding of such Markcts; and to notify thc same by Proclamation published in the South Australian Government Gazette.

IT. AND BE IT ENACTED, that the Commissioners of Police Commissionereof

appointed under an Ordinance passed on the Seventh day of Sep- Police to be Com-	missioners of	Marketr
tember One Thousand Eight Hundred and Forty Four, " For regulating the Police in South Australia," shall be ex o@cio Com- missioners of Markets for executing this Ordinance, within the limits
for which they may be appointed.

111. A N D

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&pernor maj BP- 111. AND BE IT ENACTED, that it shall be lawful for the Governor

point Officers.

to appoint, by Warrant under his Hand and Seal, and also from time to time to remove Clerks of the Markets, and Inspectors, and such other Officers as may be necessary, with reasonable salaries or emolument S.

Governor to provide IV. AND BE IT ENACTED, that it shall be lawful for the Gover-

Market*plnces. nor, within the places appointed as aforesaid, to erect and build or otherwise to provide sufficient Market-houses, with Shambles, Stalls, Cattle-pens, and other convenient erections and enclosures: S n d the said Market-places shall be the only places, within the limits for which they shall be appointed as aforesaid, where any Market for the sale of Cattle, Corn (except Corn or Grain sold by sample), Butchers' Meat, Poultry, Eggs, Fresh Butter, Vegetables, or

exposmg elsewhere. Pena!ty on selling or ather Provisions, shall for the future be hcld and kept: AND WHO-

BOEVER shall sell, or expose to sale, any Cattle, or any of the said Articles, or other Provisions usually sold iu Rfarlrcts, in any of the Streets, Lanes, Entries, Yards, or other Placcs, other than the Places so appointed and provided as aforesaid, shall, on conviction, for every such Offence forfeit and pay One shilling for every Sheep, Ram, Ewe, Lamb, Pig, or Goat, and Ten shillings for every head of other Cattle, and any sum not exceeding Five pounds for any other such

%cept in shops and	Article so sold or exposed: PHOVIDED that nothing herein contained
houses.	shall prevent any person from selling, or exposing for sale, any of the articles aforesaid in his Dwelling house or Shop, in any part of
any such Town or Place.

Cornmielrioneramay	V. AND BE IT ENACTED,	that it shall be lawful for the said
make bye-laws for

mg~tioDOfMBrketa.	Commissioners, and they are hereby authorised, from time to time
to make, constitute, and ordain such Rules. Orders, and Bye-law, as they shall think'fit and necessary for thk betterregulation an i management of such Markets, and for the cleansing, letting, occu- pying and using the Market-places or any thereof; and
under this Ordinance, and all other Persons, both Buyers and also for regulating, ordering, and governing the Officers appointed Sellers, thereto coming and resorting, and all matters which do or may concern, or relate to such itiarket; and the said Commis- sioners may from time to time, as the yshall think fit, repeal, alter, add to, or amend any such ~ u l c s, ~ r d e h, Bye-laws, or an; of them, and shall ascertainw and therein set down what pecuhiary and other Penalties and Forfeitures shall be incurred by Persons offending against such Rulcs, Ordcrs, Bye-laws, or any of them; and all Persons are hercby required to observe and keep such Rules, Orders, and Bye-laws, under such forfeitures, and penalties respec-
~ r o v i r ~,	t i d y: PROVIDED that no such pecuniary penalty shall exceed the sum of Five pounds for any One offence; and such Rules, Orders,

and

and Bye-laws, shall not be repugnant to law; and no such Rules, Orders, and Bye-laws, shall have force or effect till Ten days next after the same sliall have been approved by the Governor, and by his direction published in the Government Gazette, and shall have been painted on boards in legible characters, and affixed in some conspicuous place in the Market to which the same may apply, which boards shall be renewed as often as the same may bc defaced

so as to be illegible.

VI. AND BE 1.r EN-~CTED, that it shall be lawful for the Clerk of :!3d:rdm22bB-

the Market or other the Officers aforesaid, and such rlersons as fore a Magietrate.

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they rnsv call to thcir assistance, without &rp l ~ a r r a n t or other Authority than this Ordinance, to seize and detain any person (being unlrnomi~ to them) who shall commit any Offence against this Odr- nanee, or against any itole, Ord~r, or Bye-law to be lmde in pur- suance thereof, and to take him immediately before ;my Justice of the Yeacc, and such Justice is hereby requircd to procced and act with respect to such offender according to lam.

VII. AND BE IT ENACTED, that whencvcr a Marlict-place shall When Xrsrketready

bc appropriated and set apart and ready for public use, the Corn- tobegivcn.	for public use, notice
missioner shall by a printed advertisement, to be posted on the Policc Office, and also circulatrrl in thc Town and its Nciglnbor- hood, give Ten days' notice of such Market-place having been so established, appropriated, and set apart for 11ublic usr, previous
to thc day on mhicll such Marltet-place shall be opened in pur-
suance hereof.

VIIT. AND BE IT XNACT ED, that after the expiration of Ten days TOUS and duos may

from such advertisement as aforesaid, it shall be lawful f o ~ the said betaken.

commissioner^, by thernselvcs, or the Clerks or other Qfficcrs

appointed under this Ordinance, or for the Lessees after mcntionud as the case may be, to ask, demand, recover, receive, and tnke fiom

all personsexposing or offering for sale, or selling any Cattle, Co1.11,

Grain, Hay, Stmw, C;oods, Wares, Merchandise, or any other Market-

able Articles in any such Market, or who shall rent, hire, or usc,

any Stall, Standing ~ h c e, Cattle-pen, or Enclosure therein, the several 'l'olls, Dws, or S u m of Money mentioned and specified in the Schedule hereunto annexed, or such other Tolls, Dues, or Surm of Money, as thc Governor may by Proclxrnation from time to time appoint not exceeding the maximuru rates specified to such Schedulc; which several Tolls, Dues, or Swns of Money, the said Commissioners shall cwsc to be painted on boards, and nffixrd (and renewed as often as defaced) uporl a con~picuous place in the Market in large and legible characters.

IX. AND

commissionem Illay	IX. AND BE IT EKA(,TED,	that i t shall bs lawful for the said
let the tolls and dues.

Commissioners, with the approbation of thc Governor, to demise or let to farm, th3 Tolls or ~fa ' rket dues, or any part the;eo~ demand- able under this Ordinance, for any time not exceeding Twclve Calendar rnonths, and to let or dcniise any numbcl. of Stalls, Standings, Cattlc-pens; or Enclosnrcs, i i l the said Market, for any period not exceeding the said term of 'l'welve Calendar months.

Articles, &C., exposed X. AKD	EE IT ENACTED,	that in cace anv person rcnting, holding,
for sale, may be taken

in distress for rent or 01 using, or in an? manner occupyirig any of the said h i l c h g s,

Market dues. Stalls, Standings, Shambles, (ht,tlc-pci~s, T;'lnclosiil.es, or other Con-

wni~nccs in ;my wch ~ i u k e t - ~ h c r; or wlio shall briug, or place, or	expose, or offer for sale in tlrc said l\larlret, any Cattle, Corn, Pro-
visions, Cioods, Wawa, 01. h l ~ r ~ h i i l ~ d i ~ ~, for or in r e q ~ ~ c t of wllic h any Kents, 'l'olls, or 1)ues may \>c lawfully dcmantled or taken, shall ngt, upon demand thcreof macic by thc 1,essec thercwf, or by the Collectors or Officcrs appointerl url(ler tliis Chtlli~iance forthwith pay
thv same, it shall be lawful for the proper Officer, or for the J,essee,
as the caze may be, to levy the same by clist~ess and snlc of all or any of t J~e C'attlc, Goods, or Articles so expcjscd i'or salt., or other the Goods and Chattels of such persons so refusing. or neglecti~ig to pay as aforesaid, and tile said distrcss so to be taken to ell foith- with, rendering the overldus (if auv) after declucting the e s y a s e s attending such distress and sale, to the owner, on denm~cl.

inspectors may	XI. AND	BE IT ENACTED,	that the C'lerlrs of the Markct, or othcr
and destroy uuwhole-

some food. persons appointed as Inspec tors of provisions in any such hlarlrct,

S shall and may, and are hereby authorised and required to seize and destroy all unwholesoine Meat, Fish, or Provisions whizh shall be offcrcd ~r cxposcd fbr salc in su'ch Marlict.

Powemof and XIJ. AND B E ZT ENACTED, that the Clerks of the Market, and

Officers of the

Markets.	othcr propcr Officers appointed under this Ordinance: shall, for the purposes liereof; possess the powers and privileges of Con- stables, and be sworn in as such according to law; and cither alone, or with their Assistants, shall pieserve order, regularity, and cleanliness in the said blarlrets, and see that all Bye-laws for the regulation thrreof are duly observed therein; a:ld thiat they inay summarily eject therefrom any Dnmkcn or 1)imlderly l)erson, or any one creating a liiot or Uisturbance, or Cursing, Swearing, or using any Gross, Tndcccnt, or Abusive I.;u~gnagc, or being guilty of Gross or Indecent Conduct therein, or Sirioking therein: . ~ K D WHO-
SOEVER shall resist any such Clerk or Officer in the exercise of his
duty, whether in the Market or out uf it, or shall neglect or refuse to obey the lawful orders of such Clerk or Officer, sllall, over and above any other penalty which he may incur for assault or other-

wise,

wise, forfeit and pay, 011 Conviction, for every such Offence, a sum

not exceeding Twenty shillirlgs.

XIIT. AKD n E 1.r ENACTED, that SO far as not otherwise specially Proceedings for re-

provided, all Penalties, Fines, Porfeitures, and Sums of Money crrery of p e u ~ l i i ~ 8 ~ &c.

incurred or imposed by this Ordinance, or by any Rule, Order, or Bye-law made in pursuance thcrclof, may be sued for arrd recovered in it summary way before any one or more Justices of the Peacc (not being interested i11 thc subject matter); and every person feeling aggrieved by :my C,'onvic tion or Order under this Ordinance, or any such Bye-law, shall be entitled to appcal therefrom, under and according to the laws in fwce within the Province for the tiine being, for rcgnlating summary proceediilgs before Justices of the Peacc.

X1V. . \ N D H E IT EXACTED, that all Tolls and Does not being let nnpropriation

to farm, F i n ~ s, Forfeitures? Penalties, and other Sums of Money levied or imposed by virtue of this Ordinanre, shall be paid and appropriated to the Colonial Treasurer. 011 behalf of Her Majesty, Her Heirs, and Successors, for the I'ublic uses of the Province, and the support of the Government thereof.

XV. A N D for the prutectioii of persons acting in execution of Protection of persons

this Ordiuiirlce-Be r r E~ACTED, that all actions for rtnythinq done acting in execution of

of the Action; nnd in every such Action the L)cfenclant may plead the general issue, am1 gil-e this Ordinance and the special nintter in cviderrcc at a n y trial to bc had thereupon; and no Plaintiff sliall recover, in any such Action, if tendcr of s~~fficient anlends shall have been inntle before such Action broilght, or if a sufficient Sum of Money s l d l have been paid inco Court after such Action brought by or on behalf of the Ikfendant, together with costs incurred up to

undw this C)rdinance, shall bc coimnenccd within Six calendar thigOr"inmc~.

months after the fkct cornrnittcd, and not otherwise, and notice in

writing of such Action and the cause thereof shall be given to the

pass for the ife end ant, or the Ylnintiff beconic non-suited or dis-	the time of paying the money into Court; and if a Verdict shall
continue such action after issue joined, or if upon demurrer, or otherwise, judgment shall be given against the Plaintiff, the I kferidant shall recovcr his full costs as between Attoriicy and Client, and have the like remedy for the same as any Defendant hat11 by ltiw in other cases; allcl although a Verdict shall bc given
f'or the Plaintiff in such Action, such Plaintiff shall not haye costa
against the lkfendant, unless the Judge before whom the trial sliall be, shall ccrtify his approbation of the Action, and of the Verdict obtained thcrc~lpon.

XVI. AND BE IT ENACTED, that no Fine, Penalty, or Forfeiture, Limitation of suits.

shall

shall be recoverable by and under any of the powers given by this Ordinance, unless proceedings shall be comncnced or taken for the same within One Calendar Month after the commission of the offence.

'NhercnoPoliceC~m-	XVII. AND BE IT ENACTED,	that in case there shall be 110 Com-
missioner, Governor

may app,,int a Magis- missioner of Police in any Town or Place wherein i t may be expe-

trate to act.	dient to establish a Market under this Ordinance, it shall be lawful
for the Governor to appoint a person, being a Magistrate, and
residing at or within Five miles of such Town or Place, to do and prforln the several acts, and exercise the powrrs which the Commis- sioners of Police are herein directed, authorised, or required to do, perform, and exerci? e; and all acts done or performed by the person so appointed, shall have thc same force and effect as if they were
done or perfinned by a C~ornmissioncr of Police as aforesaid.

RightB0f HerM'je8ty	XVIII. PROVIDED	ALWAYS, a ND BE IT ENACTED,	that nothing
not to be affected.

herein contained shall be deemed to affect or Interfere with any Right, Title, or Int~rest of Her Majesty, Her Heirs, and Successors, or in any way to limit the Royal Prerogative.

XIX. AND BE 1~ ENACTED, that from and after the commence-

ment of this Ordinance, so much of an Orclinance passed on the

Rcpcal of sectione 25 Seventh day of September, One Thousand Eight Hundred and

26 O l d i r i ~ l ~ c e 7 Forty Four, intitulcrl " An Ordinance fbr Regulating the Police in South Australia," as relates to the establishing of Markets and the making of Kegulations for the same, and the forming of Stalls or Standings in the Market-houses, shall be and the same is hereby repealed.

and virt .~ So. 19.

Construction XX. AND BX IT ENACTED, that unless where the subject matter

or context is iepugnant to such construction, the word Cattle " in

this Ordinance shall be deemed and t:~ken to mcan, and to include Florses, Mares, Fillies, Asses, Rlnles, Camels, Bulls, Cows, Oxen,

Heifers, Steers, Calves, Deer, Rams, Ewes, Sheep, Lambs, Goats,

and Swine.

FREDK, H. ROBE,

Lieutenant-Governor .

Passed the Leyislatire C'ound, this First day of lky, One Tlroesusd Elghi

Hundre t and Forty $ecen.

JV. L, HALLORA RAN,

Clerk of Council.

SCHEDULE

SCHEDULE REFERRED TO.

Tolls or Market Dues.

0. d.

For every horse, mare, gelding, foal, ass, or mule ...................... 1 0

6 6	ox, bull, cow, or heifer.. .................................. 0	6
a$	seeep, ram, ewe and lamb, pig, or goat ...................... 0	1
"	load of hay, drawn by one horse or other animal .............. 0	6

if drawn by two or more horses or other animals. . 1 0

" load of straw, drawn by one horse or other animal ............ 0 3

if drawn by two or more horses or other animals.. 0 6

"

load of wheat, or other grain, or seeds or potatoes or other esculent

roots or vegetables, drawn by one horse or other animal .... 1 0

if drawn by two horses or other animals.. 1 3

if drawn by three horses or o ~ h e r animals.. 1 G

if drawn by four or more horses or other

animals ........................ 1 8

For selling or exposing to sale in the market-place any article upon which

market dues have not been otherwise charged; per week. ......... 1 0

For weighing every draft not exceeding lcwt.. ......................... 0 1

exceeding lcwt. and not exceeding 4cwt... .. .. .. 0	2
exceeding 4cwt., one penny additional for every

cwt. or part of a cwt.

On a weigh-bridge, for each load or quantity .......................... 0	G
For every bull. ox, cow, heifer, and calf left in the market yards after the first

night following the market day, an additional fec for every night, of . . 0 3

Fur every sheep, ram, ewe, goat, and pig, left as aforesaid, for every night, of 0 l $

" pair of oxen or bullocks yoked up in the market-yards .. .. .. .. .. 1 G

p--

Melaide : By authority, E, SPILLER, Acting Government Printer, North-terrace.