Traders by water

declared to be

hawkers.

The Licensed Hawkers Act Amendment Act.-1912.

11. In section 6, in the second and fifth lines, after the word "waggon" in each case the words "ship, boat," are inserted, and after the word "vehicle" in each case the are inserted:

words" or conveyance

III. In section 7, in the fifth line, after the word "cart" the word
"carriage" is inserted, and after the word "
words "or ship or boat" are inserted :

waggon" the

IV. In section 8, in the fourth 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.

4. Without derogating from the effect of any provision of the on the River Murray principal Act or of this Act, it is hereby declared that any person 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 1 of the principal Act, and for the purposes of "The Licensed Hawkers Acts, 1863 to 1912."

Servant's licences not to be granted

unless the master is a licensed hawker.

Amendment of section 9

Penalty for hawker carrying intoxicating

liquors.

Cf. N.S.W., 28,

1901.

ss. 19, 20.

Amendment of

5. No licence shall be granted for any servant employed by any person to travel, as mentioned in section 1 of the principal Act, unless such person is himself at the time licensed as a hawker under the principal Act.

6. Section 9 of the principal Act is amended by striking out the last two lines thereof and substituting therefor the following:

"shall be liable to a penalty of not less than Five Pounds nor more than One Hundred Pounds, or to imprisonment, 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 contained, be forfeited, and the same shall thereupon become the property of His Majesty."

7. Section 11 of the principal Act is amended by adding the Summary arrest and following subsections thereto :

section 11

proceedings where

trading without a licence.

Cf., Imp. Hawkers

Act, 1888, s. 6; and

(2) In any of the cases before mentioned in this section, the person authorized or appointed by the Treasurer as aforesaid, or the Justice, Mayor, Constable, or officer of the Peace,

The Licensed Hawkers Act Amendment 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 distress 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 Further amendment the following words at the end thereof:

"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."

of section 12-
Power to seize things
illegally carried.

9. Section 13 of the principal Act is amended so as to read as Amendment of follows:

section 13-
When goods pre-
sumed to be carried

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

10. Section 16 of the principal Act is hereby repealed.

11. Section 18 of the principal Act is amended-

1. By striking out the words "said Province" in the fourth
and fifth lines thereof and substituting therefor the
words "Commonwealth of Australia."

11. By

Repeal of section 16.

Exception in favor of producer of liquors

not to apply on the Murray and lakes.

Amendment of Schedule to Act 710 of 1898

Fees for licences to hawk by water.

The Licensed Hawkers Act Amendment Act.-1912.

II. 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)."

12. The Schedule to "The Licensed Hawkers Amendment Act, 1898," is amended by inserting the following items before the last line thereof, namely:

For a licence to hawk with a ship, boat, or other conveyance
on the River Murray and the lakes connected therewith
and other inland waters connected with the said river
or lakes, per annum

For a licence to hawk with a ship. boat, or other conveyance
elsewhere than on the said river, lakes, and other
waters, per annum

£ s. d.

5 0 0

200

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

this Bill.

DAY H. BOSANQUET, Governor.

An Act to amend "The Governor's Appropriation
Act, 1911."

BE

[Assented to, November 28th, 1912.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

ollows:

1. (1) This Act may be cited alone as "The Governor's Appro- Short titles. priation Act Amendment Act, 1912."

(2)

"The Governor's Appropriation Act, 1911" (hereinafter No. 1065 of 1911. called "the principal Act "), and this Act may be cited together as

6

The Governor's Appropriation Acts, 1911 and 1912."

2. This Act is incorporated, and shall be read as one Act, with Incorporation with the principal Act and all Acts with which that Act is incorporated. other Acts.

3. The money which the Governor is by the principal Act Meaning of authorised to appropriate is herein referred to as "the Governor's "Governor's Appropriation Fund." Appropriation Fund."

4. In case Parliament is not in Session at the beginning of a financial year, and the Governor, during such year and before the commencement of the first Session in such year, makes provision for the Public Service within the said State by appropriating money from the Governor's Appropriation Fund, then the money so appropriated may be recouped to the Governor's Appropriation Fund out of the money voted by any Supply Act or Acts for such year, to

Further powers

where Session commences after

beginning of the financial year.

Act to be retrospective.

The Governor's Appropriation Act Amendment Act.-—1912.

Provided that not more than a total amount of Fifty Thousand Pounds shall, in exercise of the powers conferred by the principal Act and this Act, be appropriated in any financial year except for purposes mentioned in the Estimates of Expenditure for such year, or, when such Estimates have not yet been laid on the table of the House of Assembly, for purposes mentioned in the Estimates of Expenditure for the next preceding financial year.

5. The provisions of this Act shall have the same effect as if they had been contained in the principal Act on the passing thereof.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
DAY H. BOSANQUET, Governor.

Adelaide By authority, R. E. E. ROGERS, Government Printer, North Terrace.