Warning
“Queensland Statute Reprints”
QUT Digital Collections
This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).
This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.
©State of Queensland
THE
HA W](ERS AND PEDLERS
ACT OF 1849
WITH
AN.
INDEX
GCompiled to 31 August, 1966)
P'repared by direction of the Honourable J. C. A. PIZZEY, M.L.A.,
Minister for Education
By Authority: S. G. REID, Government Printer. Brisbane-1966
TABLE OF CONTENTS
PAGE
The Hawkers and Pedlers Act of 1849 .. 1 The Hawkers and Pedlers Act Amendment Act of 1852 12 The Hawkers Licenses Amendment Act of 1869 13 The Hawkers Acts Amendment Act of 1905 14 Index to The Hawkers and Pedlers Act of 1849 15
HAWKERS AND PEDLERS ACT of 1849
13 Vic. No. 36 Amended by
Hawkers Licenses Amendment Act of 1869, 33 Vic. No. 11 Criminal Code Act, 1899, 63 Vic. No.9
Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
An Act to Repeal the Laws relating to Hawkers and Pedlers in the Colony of New South Wales and to substitute other Provisions in lieu thereof
[Assented to 9 October 1849]
The short title "The Hawkers and Pedlers Act of 1849" is that by which this Act is referred to in the preamble (now repealed) to the Hawkers Licenses Amendment Ac,t of 1869, and in the Hawkers Acts Amendment Act of
1905, s. 2.
Preamble repealed by the Statute Law Revision Act of 1908, s. 2.
Be it enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof
1. (Repealed.)
Repealed by Statute Law Revision Act of 1908, s. 2.
2. Hawker and pedler to be licensed. From and after the first day of January next it shall not be lawful for any person not being already licensed under the said recited Act or being so licensed from and after the expiration of such license to carry on the business of a hawker or pedler in any place whatsoever in the said colony without having previously obtained a license as hereinafter directed and if any person shall without having first obtained such license as aforesaid carry on such business within any part of the said colony he shall forfeit and pay on conviction for every such offence such sum not exceeding forty dollars as to the convicting justice or justices shall seem meet to be recovered and applied as hereinafter directed and every person carrying on such business as aforesaid shall be deemed and taken to be unlicensed unless he shall prove to the contrary by the production of his license or otherwise.
Decimal currency reference substituted pursuant to section 7 of Decima'!
Currency Act of 1965.
3. Two solis of hawkers' licenses. Schedule A. Schedule B. There shall be two descriptions of hawkers' and pedlers' licenses the one being in the form in the schedule annexed to this Act marked A authorising the holder thereof to carry on his own person his wares and merchandise for the purpose of sale and the other in the form in the schedule annexed to this Act marked B authorising the holder thereof to carry his wares and merchandise for the purpose of sale by packhorse or other animal or by cart or other vehicle or by a boat vessel or craft.
B
2 HAWKERS AND PEDLERS ACT OF 1849
4. General meetmgs of justices. A general meeting of the justices in each police district shall be holden in their respective court houses or usual places of meeting on the second Tuesday in the months of March June September and December in every year for the special purpose of taking into consideration applications for hawkers' and pedlers' licenses and it shall be lawful for the justices assembled at such meeting or a majority of them in their discretion to grant to the persons who may be approved of by them a license in one or other of the forms aforesaid and it shaH be lawful for the said justices to reject any such application or to adjourn the consideration thereof from time to time as they shall see fit
Provided that such adjournments do not in the whole exceed three weeks from the day of such general meeting.
5. Notice to clerk of petty sessions. Schedules A2, :82. Every person desirous of obtaining a license under the provisions of this Act shall on or before the. third Tuesday i~ the months of February May August and November III each year dehver or cause to be delivered to the clerk of petty sessions of the police district within which it is proposed to exercise such license a notice in writing of his intention to apply for the same which notice if the application be for a license in the form A aforesaid shall be in the form in the schedule to this Act annexed marked A 2 or if the application be for a license in the fonn B aforesaid then such notice shall be in the form B 2, annexed to this Act.
"Clerk of petty sessions" now Clerk of the Comt. See Justices Acts Amend- ment Act of 1964, s. 2 (4).
6. Certificates for a personal license. Before the justices assembled as aforesaid shall grant to any applicant for the same a license in the form in the schedule A annexed to this Act such applicant shall be required to produce to the said justices a certificate of good character from at least two known and respectable inhabitants of the district within which the license is to be in force.
7. Recognizance for hawker usmg a vehicle. Schedules B, C. Before the justices assembled as aforesaid shall grant to any applicant for the same a license in the form in the schedule B annexed to this Act such applicant shall enter into a recognizance before such justices or any two of them with two sureties (to be approved of by the said justices) each in the sum of forty dollars such recognizance to be in the form and with the conditions set forth in the schedule hereunto annexed marked C.
Deoimal currency reference substituted pursuant to seotion 7 of Decimal Currency Act of 1965.
8. Fee for personal license. Every person in whose favour a license in the form A hereto annexed has been granted as aforesaid shall pay to the clerk of petty sessions of the police district in which the same is granted the sum of two dollars if such license shall be for the full period of twelve months or such smaller sum as may be proportioned to the time the same shall be in force
Fee for license to hawk with vehicles. and every person in whose favour a license in the form B hereto annexed has been granted as afore- said shall pay to such clerk as aforesaid the sum of four dollars if such license shall be for the full period of twelve months or such smaller
sum as may be proportioned to the time the same shall be in force and no such license shall be of any force or effect whatsoever until the sum so fixed has been paid to the clerk of petty sessions as aforesaid.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
"Clerk of petty sessions" now Olerk of the Comt. See Justices Acts Amend- ment Act of 1964, s. 2 (4).
9. Clerks of petty sessions to account for fees. Appropriation of fees.
The several clerks of petty sessions shall duly account for all fees so paid to them as aforesaid and shall pay the same into the Colonial Treasury at such times and in such manner as His Excellency the Governor may direct and all sums so received shall be paid to Her Majesty her heirs and successors to the public uses of the said colony or in support of the government thereof and slmll be applied thereto in such manner as may be directed by any Act to be passed by the Governor and Legislative Council thereof.
10. Pe»:iod of license. Every license granted under the provisions of this Act shall be in force from the first day of the month next ensuing the granting thereof to the thirty-first day of December following and no longer.
11, 12. (Repealed.)
Repealed by the Hawkers Licenses Amendment Act of 1869, s. 1.
13. Seizure of unlicensed person. It shall be lawful for any constable to seize and detain any person found by him carrying on the business of a hawker or pedler within the said colony without having previously obtained such license as aforesaid and to keep him so detained until the day next after the day on which he shall have been so seized for the purpose of being proceeded against for such offence unless the same can be sooner disposed of.
14. Hawker's badge. 50 Geo. 3 c. 41 s. 14. Every person to whom any such license as aforesaid shaH be granted and who shall carry on the business of a hawker or pedler under the authority of such license shall cause to be written painted or printed in large legible roman letters upon some conspicuous part of every pack bag box trunk case cart dray waggon boat or other vehicle or conveyance in or with which he shall so carry on such business the words "licensed hawker" together with his name at full length and the number of his license and also the name or. names of the police district or districts for which he shall have been licensed and every such person making default therein shall forfeit and pay on conviction for every such offence such sum not exceeding twenty doll.ars as to the convicting justices shall seem meet to be recovered and applIed as hereinafter directed.
Decimal currency reference substituted pursuant :to section 7 of Decimal Currency Act of 1965.
}\ct referred to:
Hawkers Act, 1810 (Imperial) 50 Goo. 3 c. 41, now repealed.
"Clerks of pe1Jty sessions" now Clerks of the Court. See Justices Acts Amend- ment }\ct of 1964, s. 2 (4).
15. Assumption of badge by unlicensed persons. 50 Geo. 3 c. 41 s. 15.
H any person who shall not have previously obtained an~ such li~ense as aforesaid shall write paint or print or cause to be wntte.n pamte~ or printed or keep or continue or cause to be kept or contmued wntten
4 HAWKERS AND IPEDLERS ACT OF 1849
painted or printed upon any pack bag box trunk case cart dray waggon boat or other vehicle or conveyance in or with which he shall sell or expose to sale any goods or in or with which he shall convey any goods the words "licensed hawker" or any other word or words to that effect he shall forfeit and pay on conviction such sum not exceeding twenty doUars as to the convioting justices shall seem meet to be recovered and applied as hereinafter directed.
Decimal currency reference substituted pursuant to section 7 of Decima>!
Currency Act ()f 1965.
Act referred to:
Hawkers Act, 1810 (Imperial) 50 Goo. 3 c. 41, now repealed.
16. Refusal to produce license. Compare 50 Geo. 3 c. 41 s. 17.
If any such hawker or pedIer having obtained such license or licenses as aforesaid shall at any time upon demand thereof being made of him by any justice of the peace or constable or by any person to whom he shall within twenty-four hours previously have sold or offered to sell any goods neglect or refuse to produce and show to such justice of the peace constable or other person his said license he shall forfeit and pay on conviction for every such offence such sum not exceeding twenty dollars as to the convicting justices shall seem meet to be recovered and applied as hereinafter directed.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
Act referred to:
Hawkers Act, 1810 (Imperial) 50 Geo. 3 c. 41, now repealed.
17. (Repealed.)
Repealed by Criminal Code Act, 1899, s. 3.
18. Spirituous liquors not to be carried. Compare 6 Geo. 4 c. 80 ss.
138"140. If any person having obtained any such license as aforesaid shall have in his possession or on his cart dray waggon boat or other conveyance any fennented or spirituous liquors he shall forfeit and pay on conviction for every such offence such sum not exceeding forty dollars as to the convicting justices shall seem meet to be recovered and applied as hereinafter directed.
Deoimal currency reference substituted pursuant to section 7 of Decima~
Currency Act of 1965.
Act referred to:
Duties on Spirits Act, 1825 (Imperial) 6 Geo. 4 c. 80 (since repealed).
19. Searching hawkers. In case any person shall have reasonable ground for suspecting that any hawker or pedler is carrying fermented or spirituous liquors contrary to the provisions of this Act or otherwise offending against the same it shall be lawful for such person to make oath before any justice of the peace at his private residence or elsewhere of the circumstances
and if it shall appear to such justice that reasonable ground for suspicion exists it shall be lawful for such justice to grant a warrant authorising such person to examine and search the person packs baggage boxes trunks cases carts drays waggons boats or other vehicle or convey- ance of such hawker or pedIer therein named or described such warrant to remain in force for such time as shall be therein mentioned
and it shall also be lawful for any justice of the peace constable or other peace officer having reasonable ground of suspicion as aforesaid without warrant to examine and search the person packs baggage boxes
trunks cases carts drays waggons boats or other vehicle or conveyance of any such licensed hawker or pedler without a warrant for such purpose
and upon any such person authorised by warrant as aforesaid or any such justice of the peace constable or other peace officer finding any such fermented or spirituous liquors carried contrary to law to seize the same and such hawker or pedler upon conviction of such offence in a summary way before any two or more justices of the peace sitting in petty sessions shall forfeit and pay a sum not exceeding sixty dollars or be confined to hard labour in the nearest common gaol for any period not exceeding six calendar months at the discretion of such justices
and it shall be lawful for the justices in petty sessions before whom any such conviction takes place to order such fermented and spirituous liquors so seized to be sold by auction by any chief constable or licensed auctioneer at any place the said justices may appoint and after deduct- ing the expenses of such sale the proceeds thereof shall be paid one-half to the prosecutor in the case and the other half to Her Majesty her heirs and successors for the public uses of the said colony and in support of the government thereof as may be appointed by any Act of the said Governor and Legislative Council.
Deoimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.
20. Seizure of spirituous liquors. Such liquors may be forfeited and sold proceeds one-half to Her Majesty one-half to informer. It shall be lawful for any justice of the peace constable or other peace officer (without warrant) to seize all such fermented and spirituous liquors as shall be hawked and conveyed about or exposed to sale in any street road footpath or in any booth tent stall or shed or in any boat or vessel or any other place whatever by any person not licensed according to law to sell the same in such place and the vessels containing the same and all the vessels and utensils used for drinking or measuring the same and any cart dray or other carriage and any horse or horses or other animal or animals employed in drawing or carrying the same as well as any boat or vessel used in the conveyance of such liquors as aforesaid and it shall be lawful for anyone or more justice or justices of the peace on his or their own view or if after due inquiry and examination it shall appear to the said justice or justices that such liquors were hawked and conveyed about for the purpose of being illegally sold or disposed of by retail to adjudge the said liquors and vessels and utensils containing the same and any cart dray or other carriage horse or horses or other animal or animals used in conveying the same to be condemned and forfeited and the same shall and may be sold
and the proceeds thereof after deducting the expenses of sale shall be paid one moiety to the use of Her Majesty the Queen for the public uses of the said colony and in support of the government thereof as may be appointed by any Act of the said Governor and Legislative Council and the other moiety to the person or persons who may in such case first seize inform and prosecute
Provided that nothing in this Act contained shall prevent any penalty or punishment being inflicted on any person so offending as aforesaid under any other law or Act now or hereafter to be in force in the said colony
6 HAWKERS AND PEDLERS ACT OF 1849
Provided always that in all cases where fermented or spirituous liquors shall be carried from one place to another the burden of proving that such fermented or spirituous liquors were not so carried for sale or exposure to sale shall be cast upon the party or parties so carrying them.
21. Selling smuggled or stolen goods. 50 Geo. 3 c. 41 s. 16. If any hawker or pedler shall from and after the said first day of January next be convicted of knowingly dea1ing in or selling any kind of smuggled or contraband goods wares or merchandise or knowingly dealing in vending or selling any goods wares or merchandise fraudulently or dishonestly procured either by himself or through the medium of others with his privity and knowledge every such hawker and pedier shall from and after such conviction forfeit his license and for ever thereafter be incapable of obtaining or holding any new license or dealing trafficking or trading under the same and that over and above all such forfeitures and incapacities fines and penalties to which he is or shall be by law subject and liable for such illicit and illegal trafficking and dealing.
Act referred to:
Hawkers Act, 1810 (Imperial) 50 Geo. 3 c. 41, now repealed.
22. I-JIirmg or lending license. 50 Gen. .3 c. 41 s. Ji9. In case any person shall let out or hire or lend any license to him granted as aforesaid or shall trade with or under color of any license granted unto any person whatsoever or of any license 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 license and the person so trading with or under color of any license granted to any other person or any license in which his own real name shall not be inserted as the name of the person to whom the same is granted shall each of them forfeit the sum of eighty dollars to be
recovered and applied as hereinafter mentioned
and in case any person shall be convicted or have judgment against him for lending his license to any other person contrary to this Act such his license shall be from thenceforth forfeited and void and he shall be utterly incapable of having any license again granted him to trade as aforesaid.
Decimal currency reference substituted pursuant ,to seotion 7 of Decimal Currency Act of 1965.
Act referred to:
Hawkers Act, 1810 (Imperial) 50 Geo. 3 c. 41, now repealed.
23. Definition of haWKers, 50 Geo. 3 c. 41 s. 23, The selling or offering for sale goods carried about on the person or on any animal or in any movable conveyance whether by land or water in any city town street road or place within the said colony shall be deemed to be carrying on the business of a hawker or pedier within the meaning of this Act
Provided that nothing contained in this Act shall be construed to prevent any person from selling or offering for sale any printed newspapers any fish fruit water fuel milk vegetables or victuals of any description or any agricultural produce in any such city town street road or place
without having previously obtained any such license as aforesaid nor to prevent the actual maker or the children apprentices agents or servants of and residing with the maker of any goods from selling or offering for sale the same in any such city town street road or place without having previously obtained a license as aforesaid nor to prevent the sale without such license of any goods whatever in any market or fair legally established in the said colony or in any house or shop occupied by the person so selling or offering to sell the same.
Act referred to:
Hawkers Act, 1810 (Imperial) 50 Geo. 3 c. 41, now repealed.
24. Recovery of penalties. All penalties or forfeitures incurred under the provisions of this Act may be sued for and recovered by any person by information in the manner hereinafter mentioned and the matters contained in any such information may be heard and determined by any two or more justices of the peace in a summary way in the manner hereinafter mentioned.
Provided always that on the hearing of any such information the informer shall be deemed a competent witness therein.
25. Particulars of pfoce,edJilllgs. It shall be lawful for any person to exhibit an information in writing before anyone justice of the peace informing of any offence against the provisions of this Act not being a misdemeanor and on perusal of such information if the same be a valid one such justice is hereby required to grant a summons in writing under his hand directing the attendance of the party informed against at a time and place to be therein mentioned to appear before any two or more justices of the peace to answer the charge contained in the said information
and if such summons shall be served personally on the person so informed against or shall be left at his last known or usual pJace of abode a reasonable time (but in no case less than twenty-four hours) before the time therein mentioned for such person's, appearance then upon the appearance of the party so summoned. at such time and place as aforesaid or on proof to be then given viva voce on the oath of the person by whom the summons was so served as aforesaid and the production of the original summons it shall be lawful for any two or more justices of the peace then and there being thereupon or for any two or more justices of the peace at any future period to which the matter may be adjourned by anyone justice if two should not be present to proceed to hear and detcrmine in a summary manner the matter informed of in the said information
and on conviction of the person informed against it shall be lawful for either of the convicting justices on non-payment of the penalty and such costs as such justices may award to issue at any time not more than fourteen days from the day of conviction under his hand a warrant of distress returnable on such day as he may think proper to insert therein such return not being more than fourteen days from the day of the date of such warrant authorising any constable to proceed to levy on the goods of the pcrson so convicted if any such can be found for the amount of such penalty and costs together with the sum of fifty cents for such distress and the said goods forthwith to seize and carry to the nearest police office
8 HAWKERS AND PEDLERS ACT OF 1849
and the said goods so seized shall be sold at twelve of the clock on the third day after the same shall have been carried to the said police office unless the full amount of the penalty and costs be sooner paid and the surplus if any shall remain after the payment of such penalty and costs shall be paid to the person so convicted if demanded within three calendar months and if not so demanded shall be paid to the Treasurer of the said colony for the general purposes of the government thereof as may be appointed by any Act of the said Governor and Legislative Council
and if sufficient goods cannot be found before the return day of the said warrant whereon to levy for the said penalty and costs it shall be lawful on the same being certified by writing on the back of such warrant to the convicting justices or one of them under the hand of the person appointed to execute the same for either of the' said convicting justices forthwith by warrant under his hand to commit the person so convicted to the common gaol nearest to the place where the conviction took place for any period not exceeding fourteen days where the penalty awarded shall not be more than ten dollars and not exceeding three calendar months where the penalty awarded shall be of greater amount such term of imprisonment to be computed from the time of arrest only
Provided always that no conviction shall take place under this Act unless within three calendar months after the commission of the offence complained of
Provided also that all such proceedings by summons may be had and done without a formal information being exhibited and such proceedings shall be as good valid and effectual to all intents and purposes as if a formal information in writing were exhibited
Provided that in every such summons the general nature of the complaint shall be succinctly stated.
Decimal 'CUJ:1rency references 'substituted pursuant to section 7 of Decimal Currency Act of 1965.
26. Appropriation of penalties. All fines penalties and forfeitures recovered under this Act shall be paid one-half to the informer or person suing for the same and the other half to Her Majesty her heirs and successors for the public uses of the said colony and in' support of the government thereof and shall be applied in such manner as rimy be appointed by any Act of the said Governor and Legislative Council.
27. Summoning of witnesses. It shall be lawful for any justice issuing any summons under this Act or for anyone of the justices before whom the matter of any information may come on to be heard and determined to issue a subpcena under his hand for the attendance of any person at a time and place to be therein mentioned to appear and give evidence at the hearing of any such matter and to bring with him and produce at such hearing any necessary documents under his control that may be specified in such subprena and every such subprena shall be served by delivering a copy thereof personally to the person so subpcenaed and showing the original at the time of such service which service shall be at a reasonable time and in no case less than twenty-four hours before the time specified therein for the attendance of such witness
and if any person having been so subprenaed shall not attend at the time and place mentioned in his subprena without reasonable cause or having attended there shall refuse to be sworn or to affirm or shall refuse to answer any legal question that may be put to him without alleging for such refusal a sufficient excuse to be then allowed by the justices hearing the case such person shall for every such offence forfeit and pay any sum not more than forty dollars to be recovered in the manner and within the time hereinbefore mentioned for the recovery of penalties under this Act.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency Aot of 1965.
28. Appeal given under 5 Will. 4 No. 22. Compare 50 Geo. 3 c. 41 s. 27. It shall be lawful for any person convicted of any offence under this Act to appeal to the next general court of quarter sessions to be holden in the district or nearest to the district in which such conviction shall take place in the manner and form prescribed by any Act now or hereafter to be in force for the regulation of appeals to courts of quarter sessions.
Act referred to:
5 Will. 4 No. 22 is repealed.
Hawkers Act, 1810 (Imperial) 50 Geo. 3 c. 41, now repealed.
29. Want 01 form cured. No information conviction or other proceedings before or by any justice or justices of the peace or on appeal therefrom for any offence under this Act shall be quashed or set aside or judged void or insufficient for want of form only or be removed or removable by certiorari or any other writ or process whatsoever in the Supreme Court.
30. Limitation of actions. All actions for anything done under this Act shall be commenced within six calendar months after the fact was committed and not otherwise and notice in writing of such action and the cause thereof shall be given to the defendant one calendar month at least before the commencement of the action
and no plaintiff shall recover in any such action if tender of sufficient amends shall have been made before such action brought or if a sufficient sum of money shall have been paid into court after such action brought by or on behalf of the defendant together with costs incurred up to that time
and if a verdict shall pass for the defendant or the plaintiff become nonsuited or discontinue such action after issue joined or if upon demurrer or otherwise judgment shall be given against the plaintiff the defendant shall recover his full costs as between attorney and client and have the like remedy for the same as any defendant hath by law in other cases.
As amended by the Statute Law Revision Act of 1908, s. 2.
31. Interpretation clause. In the construction of this Act unless there be something in the context repugnant thereto any word denoting the singular number or the male sex shall be taken to extend to any other number of persons and things and to both sexes.
10 HAWKERS ANDPEDLERS ACT OF 1849
[Sections 3, 8] SCHEDULE A
"Queensland" should be substituted for "New South Wales" in the forms in this and the following Schedules. See the Supreme Oourt Act of 1867, s. 36.
The forms in this and the other Schedules are to be read as if the words
"Colony of Queensland" were substituted for the words "within the police distriot of," ,the Hawkers Licenses Amendment Act of 1869, 58. 4, 5.
In this and the following Schedules, references to "court of petty sessiO'ns" and
"clerk 'Of petty sessions" are now to be read as ref.erences to Magistrates Court and Clerk of the Court. See Justices Acts Amendment Act of 1964, s. 2 (4).
LICENSE FOR A HAWKER TRADING ON FOOT
New South Wales Police District of to wit.
Whereas A.B. of has applied to us the justices assembled in petty sessions at in and for the police district of for a hawker's and pedler's license authorising him to carryon his own person goods wares and merchandise for the purposes of sale travelling On foot only without any horse or other animal bearing or drawing burthen Now we the justices aforesaid being satis- fied that the said A.B. is a fit person to have such license granted to him do hereby authorise and empower him the said A.B. to trade as such hawker and pedIcr as aforesaid within the said police district of and not elsewhere and this license shall be and continue in force from the first day of until the thiliy-first day of December next ensuing and no longer.
Granted by the court of petty sessions at aforesaid this
day of 18
Entered
(Signed) H.I.
Clerk of Petty Sessions.
[Section 5] SCHEDULE A2
See notes to Schedule A, ante.
To the Clerk of Petty Sessions at
(Signed)
"
D.E. J.P.
F.G. J.P.
I A.B. [here insert name residence and addition] hereby give notice that it is my intention to apply to the justices assembled in petty sessions at
on the day of for a hawker's and pedler's license authorising me to carryon my own person goods wares and merchandise for the purpose of sale travelling O'n foot only without any horse or other animal bearing or drawing burthen within the police district of
Dated at this day of
(Signed) A.B.
We the undersigned hereby certify that the above-named applicant is a fit and proper person to obtain a hawker's and pedler's license.
(Signed) J.K. of [residence].
L.M. of [residence].
[Sections 3, 7, 8] SCHEDULE B
See notes to Schedule A, ante.
LICENSE FOR A HAWKER TRADING WITH PACK OR DRAFT ANIMALS
New South Wales Police District of to wit.
Whereas A.B. of has appJied to us the justices assembled in petty sessions at in and for the police district of for a hawker's and pedler's license authorising him to carry goods wares and merchandise for the purposes of sale by packhorse or other animal or by cart or other vehicle or by boat or other craft as the case may be now we the justices aforesaid being satisfied that the said A.B. is a fit person to have such a license granted to him
do hereby authorise and empower him the said A.B. to trade as such hawker and pedler as aforesaid within the said police district of and not elsewhere and this license shall be and continue in force from the first day of
until the thirty-first day of December next ensuing and no longer.
Granted by the court of petty sessions at aforesaid this
day of 18
(Signed)
"
Entered
(Signed) H.I.
Clerk of Petty Sessions.
[Section 5] SCHEDULE B2
See notes to Schedule A, ante.
D.E. J.P.
F.G. J.P.
The words "13 Victoria No." should apparently be followed by the figure "36."
To the Clerk of Petty Sessions at
I A.B. [here insert name residence and addition] hereby give notice that it is my intention to apply to the justices assembled in petty sessions at
on the day of for a hawker's and pedler's license authorising me to carry goods wares and merchandise for the purpose of sale by packho,rse or other animal or by cart or other vehicle or by boat or other craft as the case may be within the police district of
Dated at this day of 18
(Signed) AB.
We the undersigned hereby state our willingness to join the above-named A. B. in the recognizance required to be entered into by him under the provisions of the Act of the Governor and Council 13 Victoria No.
(Signed) J.K. of [residence].
[:)CCllOn 7] SCHEDULE C
See notes to Schedule A, ante.
Nt'w South Wales to wit.
FORM OF RECOGNIZANCE
L.M. of [residence1.
1)le it remembered that on the day of 18 AB. of
J.K. of and L.M. of came personally before us D.E. and F.G. Esquires justices of the peace acting in and for the district of
in the said colony and acknowledged themselves to owe to our Sovereign Lady the Queen to wit the said A.B. the sum of pounds the said J.K. the snm of pounds and the said L.M. the sum of pounds of lawful money of Great Britain to be respectively levied of their several goods and chattels lands and tenements to the use of our said Lady the Queen her heirs and successors in case default shall be made in the performance of the conditions hereunder wntten.
The conditions of this recognizance are such that whereas A.B. is to be licensed pursuant to the Act of the Governor and Council passed in the thirteenth year of Her Majesty's reign intituled "An Act to Repeal the Laws relating to Hawkers and Pedlers in the Colony of New South W,ales and to Substitute other Provisions in lieu thereof" to carry goods wares and merchandise for sale by packhorse or other animal or by cart or other vehicle or by boat or other craft as the case may be within the police district of for a period which will expire on the thirty-first day of December next if the said AB. shall conform in all respects to the provisions of the aforesaid Act during the said period then the said recognizance to be void but if the said AB. shall be lawfully convicted of any offence during the said period against the provisions of the said Act or against the provisions of any other Act in force for the time being relating to hawkers and pedlers then this recognizance shall remain in full force and effect.
Taken and acknowledged the day and year above written &c.
12
THE
HAWKERS AND PEDLERS ACT AMENDMENT ACT of 1852 16 Vic. No.4
An Act to Exempt the Sale of Books and other Publications from the ProvisIOns of the Act relating to the Hawkers and Pedlers
[Assented to 27 July 1852]
The short title was given to this Act by the Acts Citation Act of 1903, s. 8 (1).
Preamble. Whereas it is expedient to exempt from the provisions of the Act of Council passed in the thirteenth year of the reign of Her present Majesty and numbered thirty-six the sale of all printed books and other such publications as hereinafter mentioned within the colony of New South Wales.
Be it therefore enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council
thereof
Sales of books pamphlets etc., exempted from the provisions of 13 Vic. No. 36. That from and after the passing of this Act the selling or offering for sale any printed books pamphlets periodicals or other printed publications shall be exempted from· the provisions of the said Act in the same manner as if the same had been expressly included within the proviso or exemption contained in the twenty-third section of the said Act.
THE
HAWKERS LICENSES AMENDMENT ACT of 1869 33 Vic. No. 11
Amended by
Statute Law Revision Act of 1908, 8 Edw. 7 No. 18
Hawkers Licenses Amendment Act of 1922, 13 Geo. 5 No. 37 An Act to Amend the Hawkers and Pedlers Act
[Assented to 14 September 1869]
Preamble repealed by Sta1tute Law Revision Act of 1908, s. 2.
1. (Repealed. )
Repea:led by Statute Law Revision Act of 1908, s. 2.
2. Sections 4 and 5 amended. The fourth and fifth sections of the said Act in so far as they provide that licenses can only be issued during certain months are hereby repealed
Licenses may be granted on application to any police magistrate or two justices of the peace sitting in petty sessions in the police district wherein the applicant usually or principally resides.
3. Section 8 amended. In lieu of the payment required by the eighth section of the said Act every person in whose favor a license shall hereafter be granted shall pay the clerk of petty sessions of the police distriot in which the same is granted the sum of twenty dollars and such license shall be in force for the full period of twelve months.
Provided that in any particular case the Home Secretary-
(a) May authorize the grant of such license for any specified period less than twelve months upon payment of such smaller
sum than twenty dollars as he may fix; or
(b) May reduce the amount payable in respect of such license for a full period of twelve months to such sum as he may fix;
and each such license may be granted and each such sum shall be payable in respect thereof accordingly.
As amended by the Hawkers Licenses Amendment Act of 1922, s. 2.
Decimal currency references substituted pursuant to section 7 of Decimal Cmrency Act of 1965.
"Clerk of petty sessions" now Ckrk of the Court. See Justices Acts Amend- ment Act of 1964, s. 2 (4).
4. Schedules amended. The several schedules to the said Act shall be read and construed and be adopted in preparing every license notice and recognizance respectively of which they purport to be forms as if instead and in the place of the words "within the police district of' were inserted the words "Colony of Queensland."
5. Licenses to operate throughout the colony. Every license issued under the authority of the said Act and in conformity with the provisions thereof and of this Act shall extend and be of force over and throughout the colony.
6. Short title. This Act shall be styled and may be cited as "The Hawkers Licenses Amendment Act of 1869."
14
THE
HAWKERS ACTS AMENDMENT ACT of 1905 5 Edw. 7 No.5
An Act to Amend the Law with respect to the Granting of Licenses to Hawkers and Pedlers
[Assented to 2 November 1905]
1. Short title. This Act may be cited as "The Hawkers Acts Amendment Act of 1905."
2. Applications for licenses to be referred to Home Secretary. After the passing of this Act, no application made by any person to a police magistrate or any two justices of the peace sitting in court of petty (sessions for a license under the provisions of "The Hawkers and Pedlers Act of 1849," as amended by "The Hawkers Licenses Amend- ment Act of 1869," shall be granted until the matter of such application has been referred by the court to the Home Secretary with such report and recommendation thereon as the court thinks proper to make; and the Home Secretary may in his discretion grant or refuse such application.
Nothing in this section shall be construed to prevent the Court from refusing any such application in the first instance without such reference as aforesaid.
Aets ref,erred tQl:
Hawkers and Pedlers Act of 1849.
Hawkers Licenses Amendment Act of 1869.
"Court of petty sessions" nQlw M.agistrates Court. See Justices AC'ts Amend- ment Act of 1964, s. 2 (4).
"The Hawkers and Pedlers Act of 1849"
A
Agricultural produce may be hawked without license Appeal from justices to quarter sessions
Apprehension of person illegally hawking Auction of liquor found in possession of hawker
Badge--
assumption of, by unlicensed persons to be carried
Boat. See Packhorse.
Cart. See Packhorse.
Certificates for a personal license necessary Clerk of Petty Sessions--
notice of application for license given to to account for fees
DeHnitions- hawker male sex singular number
B
c
D
E
Evidence, burden of proof that liquor not being sold rests on person carrying it
Farm produce. See Agricultural produce.
Fee-
clerk of petty sessions to account for Fish. See Victuals.
Foot, hawking on. See Personal license.
Forfeiture of-
license for lending it . . . . . .
F
license for sale of stolen or smuggled goods liquor, etc., being sold by unlicensed person Formal defects cured "
Fruit. See Agricultural produce.
Fuel may be hawked without license
Hawker-
meaning of term
Information of an offence under Act
H
I
s.23 28 13 19
15 14
6
5, Schs. A 2, B 2 ..
9
23 31 31
20
9
22 20 21
29
23
23
25
Page
6
9 3 4
3 3
2
2,10,11 3
6 9 9
5
3
6 6 5 9
6
6
7
16
Justices- jurisdiction of
Lending liccnse prohibited Licenses-
apprehension of person hawking without
INDEX
J
L
forfeiture of, for selIing stolen or smuggled goods forfeiture ofliquor, etc., being sold by person without hiring or lending, prohibited
necessary .. . . . . . . . . none rcquired for hawking certClin articles number of, painted on pack
pretending to have
to be produced on due dCll1'\l1Q two sorts of
Limitation of-
actions against justices, etc.
proceedings Liquor-
being sold by unlicensed person. seizure of not to be carried
search for ..
M
Maker and certain of his agents may hawk his own goods Male includes female
Milk. See Victuals.
N
Namc-
penalty for selling under license in whieh rea! name of hawker not inserted
to be painted on pack
Newspaper may be hawked without license Notice of application for license
OtTences. See Penalties.
Packhorse, vessel, or vehicle- license for hawking with recognizances for Penalties-
appropriation of ..
carrying liquor ..
failure to carry proper badge having liquor in possession hiring or lending license how recovered
pretending to be licensed . . . . refusal to produce license on due demand selling stolen or smuggled goods selling without license
witness in default Personal license-
certificates for, necessary
Police officer-
o
p
may apprehend person illegally hawking may demand production of license may search for liquor
Proceedings in respect of offences Produce. See Agricultural produce.
Production of license on due demand
ss. 2, 4, 14-16, 18-20, 24-30
s. 22
13 21 20 22 2 23 14 15 16
3, Schs. A, B
30 25
20 18 19
23 31
22 14
5, Sehs. A 2, 13 2 ..
3, Seh. B 7, Seh. C
26 18 14 19 22 24 16 15 21 2 27
6
13 16 19 25, 27-29
16
Page
1,2,3-4, 4-5,1-9
1 ,
6
3 6 5 6 1 6 3 3 4 10
9 7
5 4 4
6 9
6 3 6 2,10,11
1,10 2,11
8 4 3 4 6 7 3 4 6 1 8
2
3 4 4 7,8-9
4
Q
QUJ.rter Sessions, appeal from justices to ..
R
Recognizance for hawker using packhorse, etc.
s
Search for liquor
Seizure of liquor being sold by unlicensed person Singular number includes plural
Smuggled goods, as to selling Stolen goods, ~s to selling
Terms. interpretation of. See Definitions.
Vegetables. See Agricultural produce.
Vehicle. See Packhorse.
Vessel. Sec Packhorse.
Victuals may be hawked without license
Warrant to search for liquor Water may be hawked without license
\Vitnesscs, summoning
T
v
w
s. 28
7, Sch. C ..
19 20 31 21 21
23
19 2.1 27
By Authority: S. G. REID, Government Printer, Brisbane-1966
Page
9
2, 11
4 5 9 6 6
6
4 6 8
