Public Exhibitions Act 1850 No 23a (NSW)

No. XXIII.

An Act to amend the Law for regulat ing places

of Public Exhibi t ion and Enter ta inment ,

[1st October, 1850.]

WHEREAS it is expedient to repeal the law at present in force

with respect to the regulating of places of public exhibition

a n d en t e r t a inmen t and to m a k e fur ther provisions for t h a t purpose B e it therefore enacted by His Excel lency t h e Governor of N e w South w i t h t h e advice and consent of t he Legislat ive Council, thereof Tha t

from and after t h e pass ing of th is A c t a cer ta in Ac t of t h e Governor

and Legis la t ive Counci l of the said Colony passed in t he n i n t h year

of t he re ign of H i s late Majesty K i n g George the F o u r t h in t i tu led

" An Act for regulating places of Public Exhibition and Entertain- " ment " shall be and t h e same is hereby repealed except so far as r egards a n y t h i n g done or commenced to be done under the said recited Ac t .

2. A n d be it enacted Tha t from and after t h e pass ing of th i s Ac t if any person or persons shall act represent or perform or cause to be acted represented or performed for h i re gain or reward any in te r lude t ragedy opera comedy s tage p lay farce bu r l e t t a melodrama

p a n t o m i m e or any stage dancing t u m b l i n g or horsemanship or any

or place where in any such en te r t a inmen t s of t he s tage as aforesaid shal l be acted represented performed or exhibi ted unless t h e same be author ized

o ther en t e r t a inmen t of t h e stage whatsoever to which admission shall or m a y be procured by paymen t of money or by t ickets or by any o ther means token or considerat ion as t h e price h i re or r en t of admission or if any person or persons shall t ake or receive or cause to be t a k e n or received any money goods or va luable t h i n g what ­ soever by way of r en t lee or reward for t h e use or h i re of any house; room bu i ld ing or place where in any such en te r t a inmen t s of t he stage as aforesaid shall be acted represented performed or ex­ hibited or be ing the owner or occupier thereof shal l knowingly pe rmi t or sutler t h e same to be so used and applied every such person shall in case t h e place where in t he same shal l be acted represented performed or exhibi ted bo wi thou t t he wr i t t en au thor i ty or license of t he Colonial Secretary or where t he place is wi th in t h e Dis t r ic t of P o r t Ph i l l ip of H i s H o n o r the Super in tenden t of P o r t Ph i l l ip upon be ing lawfully convicted forfeit a n d pay for every such offence any s u m no t exceeding fifty pounds .

3. A n d he i t enacted Tha t every house room bui ld ing garden

author ized and l icensed by the Colonial Secretary or by H i s H o n o r t he Super in tenden t of P o r t Phi l l ip as hereinbefore ment ioned shall be deemed a disorderly house room bui ld ing or place and it shall and may be lawful for any constable wi th such assis tance as m a y be neces­ sary be ing author ized by war ran t unde r t he h a n d of any Jus t i ce or Jus t i ces of t he Peace which w a r r a n t any such J u s t i c e is hereby empowered and author ized to issue upon complaint be ing m a d e to h im on oath t h a t t he re is reason to suspect t h a t any house room bui ld ing garden or place is used for t h e purposes aforesaid w i t h o u t be ing duly licensed to enter in to such house room bui ld ing garden or place and to seize every person found there in and every person so found shall be deemed to be a rogue a n d vagabond and shall be l iable and subject to all such penal t ies and p u n i s h m e n t s as are inflicted on or are appoin ted

for t he p u n i s h m e n t of rogues and vagabonds .

4. A n d be i t enacted That in any proceedings to be ins t i tu ted

against any person for hav ing or keeping an unl icensed t h e a t r e or o ther house room bui ld ing garden or place as aforesaid or for ac t ing for h i re in an unl icensed t hea t r e or o ther house room bui ld ing garden or place if i t shall be proved t h a t such thea t re or o ther house room bui ld ing garden or place is used for t h e publ ic performance of en t e r t a inmen t s of t he s tage as hereinbefore described the b u r d e n of proof t h a t such t hea t r e or other house room bui ld ing garden or place is duly licensed or author ized shal l lie on t he p a r t y accused and u n t i l t he cont ra ry shal l be proved such thea t r e or other house room bu i ld ing garden or place shall be t a k e n to be unl icensed Provided always a n d be it enacted t h a t no person shall be liable to be prosecuted for any offence against th is Ac t unless such prosecut ion shall be commenced

wi th in th ree calendar m o n t h s n e x t after the offence commit ted.

5. A n d be i t enacted Tha t i t shall be lawful for t h e Colonial

Secretary or H i s H o n o r t h e Super in tendent of P o r t Phi l l ip (wi th in

t h a t Dis t r ic t ) whenever e i ther of t h e m shal l be of opinion t h a t i t is

fitting for t he preservat ion of good manne r s decorum or of t he publ ic peace so to do to forbid by wr i t ing u n d e r h i s h a n d the ac t ing or

p resen t ing any s tage play or any act scene or en t e r t a inmen t of t h e s tage as hereinbefore men t ioned or p a r t thereof or any prologue or epilogue or any p a r t thereof in such thea t r e s or o ther places for which an au tho r i t y or l icense may have been g ran ted by ei ther of t h e m in pu r suance of t h e au tho r i t y respectively vested in t h e m by th is Act a n d every person who shal l for h i re act or present or cause to be acted

act scene or p a r t thereof or any pro logue or epilogue or p a r t thereof	or presented any stage play or o ther en t e r t a inmen t as aforesaid or any
cont ra ry to such prohibi t ion as aforesaid shal l for every such offence forfeit and pay any sum no t exceeding fifty pounds and every au thor i ty or license (in case the re be any such) by or unde r which t h e thea t r e was opened in which such offence shall have been commi t t ed shall become absolute ly void.
6. A n d be it enacted T h a t all offences against th i s Ac t may be hea rd a n d de te rmined and every forfeiture and penal ty in respect thereof be awarded and imposed by or before any two Jus t i ces of t h e Peace in a s u m m a r y way in t he m a n n e r prescribed by t h e Ac t of t h e
Governor and Legis la t ive Counci l of New South W a l e s passed in t h e
fifth year of t h e re ign of H i s la te Majesty K i n g W i l l i a m t h e F o u r t h
in t i tu led " An Act to regulate summary proceedings before Justices
of the Peace" or according to the law in force for t h e t ime being-
regu la t ing s u m m a r y proceedings before Jus t i ces of t he Peace and
any person feeling aggrieved by any s u m m a r y j u d g m e n t or convict ion
u n d e r th i s Ac t m a y appeal therefrom in the m a n n e r provided by the
said Act or any other law in force for t he t ime be ing in t h a t behalf

Provided

Provided always t h a t in all cases in which any penal ty or forfeiture hereby imposed is made recoverable before any Jus t i ces of t h e Peace i t shal l and may be lawful for any Jus t i ce to w h o m complaint shall be m a d e of any offence against th i s Ac t to s u m m o n the pa r ty complained agains t before any two Justices and on such summons such .Justices are hereby empowered to hear and determine t he m a t t e r of such complaint and on proof of t he offence to convict t he offender and to adjudge h im to pay the pena l ty or forfeiture incurred and to proceed to recover t h e same a l though no informat ion in wr i t ing shall have been exhibi ted or t a k e n by or before any such Jus t i ce or Jus t ices a n d all such proceedings by summons wi thout informat ion shall be as good valid and effectual to all in tents and purposes as if an information in wr i t ing had been exhibi ted and in all proceedings unde r th i s Act

t h e informer or pa r ty prosecut ing shall be deemed	and t aken to be a
competent witness.

7. A n d be i t enacted Tha t all tines forfeitures and penalt ies imposed by th is Act shall be paid one moiety to H e r Majesty H e r Heirs and Successors for t h e publ ic uses of t h e said Colony and in the suppor t of t h e Government thereof and shall be applied in such m a n n e r as may be from t ime to t ime directed by any A c t s of the said Governor and Legislat ive Council and the other moiety to t h e use of t he informer or pa r ty prosecu t ing who shall be ent i t led to his or her costs and charges Over and al)0A re such lines forfeitures and penal t ies to be ascer tained and assessed by t h e Jus t i ce or Jus t i ces before whom the case is heard.

8. A n d be it enacted T h a t t h r o u g h o u t th i s Ac t every word

ami t e r m used in t h e s ingular n u m b e r or mascul ine gender only shall

be cons t rued equal ly to imply and include t he p lu ra l n u m b e r and females as well as males and vice versa unless the re be someth ing in

t h e con tex t r e p u g n a n t to such construct ion.

9. A n d be it enacted Tha t no act ion at law shall lie aga ins t any J u s t i c e of t h e Peace constable or other peace officer for or on account of any m a t t e r or t h i n g whatsoever done or to be done or com­ manded by h i m in t h e execut ion of his du ty or office u n d e r th i s Act agains t any pa r ty or par t ies offending or suspected to be offending agains t t h e provisions of th i s A c t unless there be direct proof of cor­ rup t ion or mal ice and unless such act ion be commenced wi th in th ree calendar m o n t h s n e x t after the cause of act ion or complaint shall have

he has so done or shall have done in t h e execut ion of th is Act he may	ar isen a n d if any person shall be sued for any m a t t e r or t h i n g which
plead the genera l issue and give t h e special m a t t e r in evidence.

No. X X I V .