Title.

Preamble.

Whereas it is expedient to amend the "Licensed Hawkers Ordinance 1862."

Be It Therefore Enated by the Superintendent of Otago with the advice and consent of the Provincial Council thereof as follows :—

Short Title.

1. This Ordinance may be cited and referred to as "The Licensed Hawkers Ordinance 1864."

"Licensed Hawkers Ordinance 1862" repealed.

2. On the commencement and coming into operation of this Ordinance "The Licensed Hawkers Ordinance 1862" shall be repealed except that licenses granted under "The Licensed Hawkers Ordinance 1862" and existing and being in force at the commencement of this Ordinance shall continue to be in force as mentioned in the third section of this Ordi- page 48 nance and shall have the operation mentioned in the said third section and except so far as may be necessary for supporting or continuing any legal proceedings heretofore taken or hereafter to be taken upon any recognizance entered into under the said Ordinance and except as to the recovery of any penalties for any offence committed against the said repealed Ordinance before the commencement and coming into operation of this Ordinance.

Hawkers and Pedlars to be licensed.

3. From and after the commencement and coming into operation of this Ordinance it shall not be lawful for any person to carry on the business of a hawker or pedlar in any place whatsoever within the Province of Otago without having previously obtained a license as hereinafter directed and if any person shall without having first obtained such license carry on such business within any part of the said Province he shall forfeit and pay on conviction by any Resident Magistrate or any two or more Justices of the Peace a sum not exceeding twenty pounds : Provided always that Licenses granted under "The Licensed Hawkers Ordinance 1862" and being in force and operation at the commencement of the operation of this Ordinance shall continue in force and operation until the thirty-first day of March one thousand eight hundred and sixty-five but no longer and the holders of such licenses shall have the same rights and be subject to the same liabilities as if the said licenses had been granted under this Ordinance.

Burden of proof of being licensed.

4. Every person carrying on 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.

Two sorts of Hawkers licenses.

5. There shall be two descriptions of Hawkers and Pedlars licenses the one being in the form in the Schedule annexed to this Ordinance 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 Ordinance marked B authorising the holder thereof to carry his wares and merchandise for the purpose of sale by pack horse or other animal or by cart or other vehicle or by a boat vessel or craft.

Application to be made to Resident Magistrate or Justices.

6. Any two or more Justices of the Peace of the Colony of New Zealand when sitting in Petty Sessions or any Resident Magistrate may take into consideration the applications for licenses under this Ordinance and every person desirous of obtaining a license under this Ordinance shall deliver to the Clerk of that Resident Magistrate's Court or of that Court of Petty Sessions which is holden nearest to the usual place of residence of such person a notice in writing of his intention to apply for the same which notice if the application be for a license authorising the holder to carry on his own person his wares and merchandise for the purpose of sale shall be in the form to the Schedule annexed to this Ordinance and marked A2 or similar thereto or if the application be for a license authorising the holder to carry his wares and merchandise for the purpose of page 49 sale by pack-horse or other animal or by cart or other vehicle or by a boat vessel or craft such notice shall be in the form in the said Schedule hereunto annexed marked B2 or similar thereto and in either case such application shall not be made hereinbefore and considered by the Court until the required notice shall have been delivered to and lodged with the Clerk of the Court ten clear days at least before the day of application.

Clerk of Petty Session to fix days for hearing applications.

7. The Clerks of Resident Magistrates' Courts or Courts of Petty Sessions shall on receiving such notice as aforesaid inform the applicant or person delivering such notice of the day on which the application will be considered which day shall not be until after the expiration of ten clear days from the receipt of the notice.

Notice of application to be given to police.

8. The Clerks of Resident Magistrates' Courts or Courts of Petty Sessions shall forthwith after the receipt of any such notice transmit a copy thereof to the police station nearest their court.

Applicant for license to lodge certificates of good character.

9. With the notice of application there shall be delivered to the Clerks of the Resident Magistrates' Courts or Courts of Petty Sessions a certificate of the good character of the applicant signed by at least three householders resident within three miles of the usual place of residence of the applicant or within five miles of the court-house.

Resident Magistrate or Justices may grant or refuse applications in their discretion.

10. Any two or more Justices of the Peace in Petty Sessions assembled or any Resident Magistrate sitting at the court to the Clerk of which the notice has been given upon proof that the notice of application has been lodged with the Clerk of the Court at least ten clear days previously may in his or their discretion if he or they shall be satisfied with the character of the applicant grant a certificate in the form C annexed to this Ordinance requiring the Provincial Treasurer or other person authorized in that behalf by the Superintendent to issue on the payment of the fee by this Ordinance required to be paid the license which the applicant has applied for : And it shall be lawful for such Resident Magistrate or Justices of the Peace to reject such application or to adjourn the consideration thereof provided that such adjournment do not exceed in the whole fourteen days from the day fixed for the hearing of the application.

Recognizances for hawker using vehicle.

11. Before any Resident Magistrate or Justices shall grant to any applicant for the same a certificate for a license in the said form Schedule B such applicant shall enter into a recognizance before a Resident Magistrate or one or more Justices with two sureties (to be approved of by such Resident Magistrate or Justice or Justices) each in the sum of twenty pounds such recognizance to be in the form and with the conditions set forth in the Schedule hereunder annexed marked D or similar thereto.

List of certificates granted to be sent to Provincial Treasurer.

12. The Clerk of the Bench shall within seven days after the granting of such certificates as aforesaid transmit to the Provincial Treasurer or per page 50 son acting as such or such other person as may be appointed by the Superintendent to issue licenses under this Ordinance a list signed by two at least of the said Justices or by the Resident Magistrate specifying the names and residence of every person to whom any such certificate shall have been go granted and the nature of the license authorized by each certificate.

Fee for personal license and for license to hawk with a vehicle.

13. Every person applying for a license under this Ordinance shall before the same is granted pay to the Provincial Treasurer or such other person as may be appointed by the said Superintendent to issue such licenses the fees following that is to say—A fee of twenty shillings in the case of a license in the said form A authorising a holder to carry on his own person his wares or merchandise for sale and a fee of two pounds in case of a license in the said form B authorising the holder to carry his wares and merchandise for sale by pack-horse or other animal or by cart or other vehicle or by boat vessel or craft.

Certificate and license fee to be lodged with Provincial Treasurer within thirty days.

14. Every such certificate shall be .null and void unless the sum required to be paid for such license be lodged in the office of the Provincial Treasurer or of such other person as may be appointed in that behalf by the Superintendent within thirty days from the date of such certificate : And the said Provincial Treasurer or other person as aforesaid shall forthwith after the receipt of every such certificate and payment being made of the authorised fee issue and register in his office a license according to the tenor of each such certificate respectively and upon the issue of any such license the Provincial Treasurer or other person acting in that behalf shall cause a notice of the same to be immediately sent for insertion in the Provincial Government Gazette specifying in such notice the name of the person and the nature of the license issued but such period of thirty days herein appointed for the payment of the license fee and lodgment of the certificate as aforesaid may be extended for any period the Superintendent with the advice of the Executive Council may think fit on special written application made to him for that purpose.

Appropriation of license fees.

15. All sums so received by the Provincial Treasurer or other person acting in that behalf shall form part of the ordinary revenue of the Province and shall be applied to the public uses of the said Province and in support of the Government thereof in such manuer as may be directed by any Ordinance of the Provincial Legislature.

Period of license.

16. Every license granted under the provisions of this Ordinance shall be and continue in force from and after the date of the granting thereof until the thirty-first day of December then next ensuing and no longer and when any License shall be granted under the provisions of this Ordinance after the first day of July in any year one half only of the said license fee shall be payable for the said licenses respectively and such license shall have full force and effect throughout the Province of Otago and all licenses granted under the said hereinbefore repealed Ordinance page 51 and existing and being in force .and operation at the commencement of this Ordinance shall have full force and operation throughout the Province of Otago notwithstanding anything in the slid repealed Ordinance to the contrary.

Seizure of unlicensed person.

17. It shall be lawful for any constable to seize and detain any person found by him carrying on the business of a Hawker or Pedlar within the said Province 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 be so seized for the purpose of being proceeded against for such offence unless the same can lie sooner disposed of.

Hawkers' badge.

18. Every person to whom any such License as aforesaid shall be granted or who shall carry on the business of a Hawker or Pedlar 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 hag 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 every such person making default therein shall forfeit and pay on conviction for every such offence such sum not exceeding ten pounds as to the convicting Justices shall seem meet.

Assumption of badge by unlicensed person.

19. If any person who shall not have previously obtained any such License as aforesaid shall write paint or print or cause to be written painted or printed or keep or continue or cause to be kept or continued written 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 or pay on conviction such sum not exceeding ten pounds as to the convicting Justices shall seem meet.

Refusal to produce License.

20. If any such Hawker or Pedlar having obtained such License or Licenses as aforesaid shall at any time on 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 ten pounds as to the convicting Justices shall seem meet.

Forging License.

21. If any person shall forge or counterfeit any such License as aforesaid or travel with produce or show with intent to use the same as a genuine instrument any such forged or counterfeited License to any person entitled under this Ordinance to demand the production of such License such person shall on conviction thereof be punished by commitment to any gaol in the Province with hard labor for any period not exceeding three calendar months.

Spirituous liquors not to be carried.

22. 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 fermented or spirituous liquors he shall forfeit and pay on conviction for every such offence such sum not exceeding twenty pounds as to the convicting Justice shall seem meet.

Searching hawkers.

23. In case any person shall have reasonable ground for suspecting that any Hawker or Pedlar is carrying fermented or spirituous liquors contrary to the provisions of this Ordinance 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 of such Hawker or Pedlar 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 for suspicion as aforesaid without warrant to examine and search the person packs baggage boxes trunks cases carts drays waggons boats or other vehicles or conveyance of any such Licensed Hawker or Pedlar without a warrant for such purpose and upon any such person authorised by warrant as aforesaid or of 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 Pedlar, upon conviction of such offence in a summary way before any two or more Justices of the Peace shall forfeit find pay a sum not exceeding thirty pounds or be confined to hard labor in the common gaol for any period not exceeding six calendar months at the discretion of such Justices and it shall be lawful for the Justices before whom any such conviction takes place to adjudge such fermented and spirituous liquors so seized to be condemned and forfeited and to order the same to be sold by auction by any Chiet Constable or Licensed Auctioneer at any place the said Justices may appoint the proceeds to be paid and applied in manner as appointed by law.

Seizure, forfeiture, and sale of liquors.

24. 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 any one or more Justice or Justices of the Peace on his or their own view or if after due enquiry and examination it shall page 53 appear to the said Justice or Justices that such liquors were hawked or 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 as well as any boat or vessel used in conveying the same to be condemned and forfeited and the same shall and may he sold and the proceeds thereof paid and applied as appointed by law : Provided that nothing in this Ordinance contained shall prevent any penalty or punishment being inflicted on any person so offending as aforesaid under any other Law Act or Ordinance now or hereafter to be in force in the said Province : Provided further 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 exposed to sale shall be cast upon the party or parties so carrying them.

Selling smuggled or stolen goods.

25. If any Licensed Hawker or Pedlar shall be convicted of knowingly dealing in or selling any kind of smuggled or contraband goods wares or merchandise or 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 Pedlar shall from and after such conviction forfeit his License and forever thereafter be incapable of obtaining or holding any new License or dealing trafficking or trading under the same over and above all such other 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.

Hiring or lending license.

26. If 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 hiring 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 forty pounds and in case any person shall be convicted or have judgment against him for lending his License to any other person contrary to this Ordinance such his License shall be from thenceforth forfeited and void and he shall be utterly incapable of having any License again granted to him or to trade as aforesaid.

Definition of hawkers.

27. 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 Province shall be deemed to be tarrying on the business of a Hawker or Pedlar within the meaning of this Ordinance : Provided that nothing contained in this Ordinance, shall be construed to prevent any person from selling or offering for sale any printed newspaper fish fruit water fuel milk vegetables or victuals of any description or any agricultural produce without having previously page 54 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 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 that may be legally established in the said Province or in any house or shop occupied by the person so selling or offering to sell the same.

Recovery of penalties.

28. All proceedings under this Ordinance shall be had and taken and all fines penalties and forfeitures incurred under the provisions hereof shall be recovered in a summary way and in the manner directed by the "Justices of the Peace Act 1858" and the Act of the Imperial Legislature intituled "Summary Convictions Act 1848."

Interpretation clause.

29. In the construction of this Ordinance 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.

Schedule A

Form of License for a Hawker Trading on Foot.

Whereas there hath been deposited in my office a certificate dated the____day of____18____under the hand of (here insert the name or names of the Resident Magistrate or two Justices of the Peace and state whether Resident Magistrates or Justices) holding a Court of Petty Sessions at____in the said Province requiring me to issue to A B a license authorising and empowering him to carry on his own person goods wares and merchandise for the purpose of safe travelling on foot only without any horse or other animal bearing or drawing burden : And whereas the said A B hath paid into my office the sum of twenty shillings as the duty of such License :

Now I (here insert the name of the person granting the License and whether as Provincial Treasurer or other person authorised in that behalf by the Superintendent of Otago) in virtue of the powers vested in me do hereby license the said A B to trade as such Hawker and Pedlar as aforesaid within the Province of Otago and this License shall continue in force until the____day of____18____and no longer.

Given under my hand this____day of____18

Schedule A 2.

Form of Application for License for a Hawker Trading on Foot.

To the Clerk of the Bench at

I, A B (here insert name, residence, and addition) hereby give notice that it is my intention to apply to the Resident Magistrate or Justices holding a Court of Petty Sessions at____on the____day of____18____, for a Hawker's and Pedlar's License, authorising me to carry on my person goods, wares, page 55 and merchandise for the purpose of sale, travelling on foot only, without any horse or other animal bearing or drawing burden, within the Province of Otago.

Dated at____this____day of____18 .

(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 Pedlar's License.

Schedule B.

Form of License for a Hawker trading with Pack or Draft Animals.

Whereas there hath been deposited in my office a certificate dated the____day of____18____under the hand of (here insert the name or names, and slate whether the Resident Magistrate or two Justices of the Peace of the said Colony) holding a Court of Petty Sessions at____requiring me to issue to A B a license authorising and empowering him to carry goods, wares, and merchandise, for the purpose of sale by pack-horse (or by other animal, or by cart or other vehicle, or by boat or other craft, as the case may be) : And whereas the said A B hath paid into my office the sum of____as the duty of such license : Now I, (here insert the name of person issuing license, and whether as the Provincial Treasurer or other person authorised on that behalf by the Superintendent of Otago) in virtue of the powers vested in me do hereby license the said A B to trade as such Hawker or Pedlar as aforesaid and within the said Province of Otago and this license shall continue in force until the____day of____18 and no longer.

Given under my hand this____day of 18 .

Schedule B 2.

Form of Notice of Application for a License for a Hawker Trading with Pack or Draught Animals.

To the Clerk of the Bench at

I, A B (here insert name, residence, and addition) hereby give notice that it is my intention to apply to the Resident Magistrate or Justices holding a Court of Petty Sessions at____on the____day of____18____, for a Hawker's and Pedlar's License, authorising me to carry goods, wares and merchandise, for the purpose of sale by pack-horse (or other animal, or by cart or other vehicle, or by boat or other craft as the case may be) within the Province of Otago.

Dated at____this____day of____18 .

(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 Pedlar's License, and state our willingness to join him, the said A B in the recognisance required to be entered into by him.

Schedule C.

Form of Certificate of Justices authorising a License for a Hawker.

Whereas A B of____has applied to the Justices of the Peace sitting in Petty Sessions on the____day of____18____at____for a License to (here insert whether the License is for trading on foot or with pack, or with draft animals, as the case way be, as in the Schedules A and B :) Now (we two of the Justices sitting as aforesaid) or (I, Resident Magistrate) have enquired into the character of the said A B, and being satisfied that he is a fit person to have such License granted to him, do hereby in virtue of the powers vested in us (or me) authorise the Provincial Treasurer to issue to the said A B a License authorising and empowering him to trade as such Hawker or Pedlar aforesaid within the said Province unto the____day of____18____and no longer.

Schedule D.

Form of Recognizance.

Be It Remembered that on the____day of___one thousand eight hundred and____A.B., of____J.K., of____and L.M.. of came personally before us D.E. and F.G., Esquires, Justices of the Peace (or H.J., Resident Magistrate) acting in and for the Province of Otago, 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 sum of____pounds, and the said L M. the sum of____pounds, of lawful money of Great Britain, to be respectively levied off their several goods and chattels, lands and tenements, to the use of the said Lady the Queen, her heirs and successors, in case default shall be made in the performance of the conditions hereinafter mentioned.

The conditions of this Recognizanee are such that whereas A.B. is to be licensed pursuant to the "Licensed Hawkers Ordinance 1864" to carry goods, wares, and merchandise for sale by pack-horse (or other animal, or cart or other vehicle, or by boat or other craft as the case may be) within the Province of Otago for a period which will expire on the____day of____next, if the said A.B. shall conform in all respects to the provisions of the aforesaid Ordinance during that period then the said Recognizance to be void. But if the said A.B. shall be lawfully convicted of any offence during the said period against the provisions of the said Ordinance or against the provisions of any other Ordinance in force for the time being relating to Hawkers and Pedlars, then this Recognizance shall remain in full force and effect.

Taken and acknowledged by the above bounden AB., J.K., and L.M., the day____and year first above written.____Before me,

X. Y., J.P.