The Licensed Hawkers Act Amendment Act 1912 (SA)

GEORGII V REGIS.

A.D. 1912.

No. 1086

An Act to further amend the " Licensed Hawkers Act,

1863," and to amend "The Licensed Hawkers

Amendment Act, 1898," and for other purposes.

[Assented to, Noveder 28tk, 19 rz.]

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1, (1) This Act may be cited alone as The Licensed Hawkers sho*t;tl,,

Act Amendment Act, 19 12."

(2) The Licensed Hawkers Act, 1863 " (hereinafter called the No. 3 lsas.

I. In section 5, in the sixth line, after the word " waggon " the the word vehicle " the words or conveyance " are inserted: words " ship, boat," are inserted, and in the seventh line after

principal Act "), " The Licensed Hawkers Amendment Act, 1898," NO. 710 of 1119s.

a.nd this Act, may be cited together as "The Licensed Hawkers

Acts, 2863 to 1912."

2, This Act is incorporated with the other Acts mentioned in Incorporation with

section 1 hereof, and those Acts and this Act shall be read as one Other Acte.'

Act.

3. (1) Section 1 of the principal Act is amended by insert,ing Amendtncntofa~tion

after the word vehicle " in the seventh line thereof the words :or & ~ ~ ~: $ - k

a ship, boat, or other conveyance, and whether by land or water. by water.

(2) Sections h, 6, 7, 8, and l 2 of the principal Act are amended c o ~ ~ ~ e n t ttmend-

mentn of aectiona i j

as follows :- 6, 7, 8, and 12.

- 3 O GEORGII V, No. 1086.

The Licercsed H a w h s Act Amendment Act.-1912.

1 1. In section 6, in the second and fifth lines, after the word

" waggon " in each case the words " ship, boat," are in-

serted, and after the word " vehicle " in each case the

words " or conveyance " are inserted:

m. In section 7, in the fifth line, after the word " cart " the word

" carriage " is inaerted, and after the word '' waggon " the

*ords or ship or boat " are inserted:

tv. I11 section 8, in the fburth line, after the word cart " the

word carriage " is inserted, after the word " waggon " the words " ship, boat." are inserted, and after the word

vehicle " the words or conveyance " are inserted:

v. In section 12, in the fifth line, after the word " cart " the words " carriage, waggon, ship, boat," are inserted, and after the word " vehicle " the words " or conveyance " are inserted.

Traders by water

on the River Murray 4. Without derogating from the effect of any provision of the

declared to he

principal Act or of this Act, it is hereby declared that any prrson

hnwkers.

travelling on the River Murray, or any of the lakes or other inland waters connected with the said river or lakes, and carrying about for sale, on, or in any ship or boat, or other conveyance, any goods, wares, or merchandise, is a hawker within the meaning of section Z of the plincipal Act, and for the purposes of b b 'l'he Licensed Hawkers Acts, l863 to 1912."

not tn he granted

Servant's Iicmces

5. No licence shall be granted for any servant employed by any

person to travel, as mentioned in section l of the principal Act,

unlees the is

licenwdhawker.	unless such person is himself at the time licensed as a hawker under
the principal Act. ,

Amendment of

section 9- 6. Section 9 of the principal Act is amended bp striking out the

Penalty for hawker last two lines thereof and substituting therefor the following :-

carrying intoxicating

liquors.	G shall be liable t,o a penalty of not less than Five Pounds
Cf. N.B.W., 28,
19b1.	nor more than One Hundred Pounds, or to imprisonment,
ss. 19, 20.	with or without hard labor, for a term not exceeding six months; and in addition the Magistrate or Justices may order that all such liquor at the time of the offence carried by the offender, and all vessels in which such liquor is con- tained, be forfeited, and the same shall thereupon become the property of His Majesty."
Amendment of

eection l 1 - 7. Section 11 of the principal Act is amended by adding the

Summary arrest and following subsections thereto :-

proceedings where trading without a licence. (2) In any of the cases before mentioned in this section,

Cf , Imp. Hawkere	the person authorized or appoi~ited by the Treasurer as afore-
Act, 1888, a. 6 ; and	said, or the Justice, Mayor, Constable, or officer of the Peace,
8. A. principal Act,	or of the Customs, or the person to whom the hawker, pedlar,

. B. 16.

or petty chapman, or person licensed as aforesaid offers goods

for

3' GEORGII V, No. 1086.

The Licensed H a w k s Act AmerwEment Act.-1912.

-

for sale, may arrest such hawker, pedlar, petty chapman, or licensed person. and convey him before a Justice of the Peace, whereupon such Justice shall, without any information or complaint, inquire into the matters charged, and may for that purpose administer any oaths or affirmations.

(3) If upon such inquiry, or any adjournment thereof, the Justice is satisfied that the offence was committed he shall impose the penalty provided by this section, and may make such order as to costs as he thinks just.

(4) In default of immediate payment, the Justice-

(a) Shall, by warrant signed by him, cause the amount of the penalty and costs, and the reasonable charges for making diatress and sale, to be levied by distress and sale of the goods of the offender, or of any goods with which he was found trading or travelling, directing the over-plus (if any) to be paid to the owner of the distrained goods, and

( b ) May commit the offender to gaol, with or without

hard labor, for any term not exceeding one month.

( 5 ) The imprisonment shall cease upon payment of the

amount of the penalty, costs, and charges by distress and

sale or otherwise.

8. Section 12 of the principal Act is further amended by adding Furtter amendment

the following words at the end thereof :-	of section 12 -
Power to seize things -
illegally carried.

and may seize and take away any substance or thing carried by such hawker or servant contrary to the provisions of this Act, and any receptacle in which such substance or thing is contained, and may hold the same to abide the order of a Special Magistrate or Justices."

9. Section 13 of the principal Act is amended so as to read as eection Amendment 13-

follows: -

When goode pre-

sumed to be carried

13. If any person is found in charge of a cart, carriage, foreale.

waggon, ship, boat, or other vehicle or conveyance, or any beast of burden, containing or carrying goods of a description usually carried about for sale, except the goods hereinafter excepted, he shall be deemed, in the absence of proof to the contrary, to be travelling with or carrying about such goods for sale and to be trading therewith, and he shall be liable accordingly.

Section 16 of the principal Act is hereby repealed.	Repeal of section 16.
Section 18 of the principal Act is amended--	Exception in favor of
~roducer of liouors

I. By striking out the words

and fifth lines thereof and substituting therefor the said Province" in the fourth k;;;;t)&$p

words Commonwealth of Australia." IT. Ry

3 O GEORGII V, No. 1086.

Th.e Licensed H a w k s Act ArYlRndrnent Act.-1912.

1 1. By inserting after the word " about " in the fourteenth line thereof the words and signs-" (elsewhere than on the River Murray or any of the lakes connected therewith or any other inland waters connected with the said river

or lakes)."

Amendment of

Schedule to Act 710 12, The Schedule to '' The Licensed Hawkers Amendment Act,

of 1898- 1898," is amended by inserting the following items before the last

for licences to

hawk by water. line thereof, namely :-

8. d.

For a licence to hawk with a ship, boat, or other conveyance

on the River Murray and the lakes connected therewith

and other inland watera connected with the said river

or lakes, per annum ............................ 5 0 0

For a h e n c e to hawk with a ship. boat, or other con1 re y ance

elsewhere than on the said river, lakes, and other

waters, per annum .............................. 2 0 0

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQIJET, Governor.

-p

Adelaide: By authority, R. E. E. Roams, Government Priutsr,