574
THE NEW ZEALAND GAZETTE.
[No. 13

further specifying the name of the maker, the number,
horse-power, the weight loaded and unloaded ; and every
such license shall be numbered in succession as issued,
and shall be registered according to its number by enter-
ing the particulars thereof in a book to be provided for
the purpose, and such license shall be prima facie evi-
dence of the contents thereof.

25. The Clerk may in any case, as a condition precedent
    to the issue of a license, require the person to whom the
    same is to be issued to enter into a bond, with or without
    a surety or sureties to the Council, in such sum as the
    Clerk shall deem proper, that such person shall pay to the
    Council reasonable compensation for any special damage
    which shall accrue to any road, bridge, ferry, or ford
    under the care, control, or management of the Council by
    reason of any heavy traffic thereon by the vehicle or ma-
    chine in respect of which such license may be issued : Pro-
    vided that if the applicant is dissatisfied with the require-
    ments of the bond and refuses to enter into the same,
    the Clerk shall suspend the issue of the said license, and
    refer the application to the first meeting of the Council,
    whose decision thereon shall be final.

26. Any person making an application for a license for
    any vehicle or machine under this Part of this by-law
    who shall knowingly include or specify in such applica-
    tion any untrue particular or particulars in respect of
    such vehicle or machine for the purpose of obtaining such
    license shall be guilty of an offence, and any license which
    may have been issued pursuant to such application may be
    revoked by the Council.

27. Every vehicle or machine in respect of which any
    such payment is made, while of the kind and while em-
    ploying the mode of traction, and, in case of vehicles,
    while having the maximum number of wheels, in respect
    of which such payment is made, shall, subject to the pro-
    visions of section 37 hereof, be deemed to be licensed
    to engage in heavy traffic on all county roads for the
    period for which the payment is made and no longer,
    computing from the date of such payment.

28. Every vehicle or machine used on any county road
    whether engaged in heavy traffic or not shall have the
    weight of such vehicle or machine marked on some con-
    spicuous part of the body thereof on the off side in white-
    painted figures not less than 2 in. in length and 1 in. in
    width on a black or blue ground ; and every such vehicle
    or machine in respect of which a license has been issued
    under this Part of this by-law shall have so marked
    thereon, in addition, the number of such license and the
    letters T.C.C. ; and the owner of any such vehicle or ma-
    chine on which the weight is not so marked, or is in-
    correctly marked, shall be guilty of an offence, and shall
    be liable to a penalty not exceeding £20.

29. No vehicle or machine to which this Part of this
    by-law applies shall be engaged by any person in heavy
    traffic on any county road unless at the time it is so en-
    gaged a license under this Part of this by-law is in force
    in respect thereof, applicable to its kind, mode of trac-
    tion, and number of wheels ; and no traction-engine in
    respect of which a license shall have been issued under
    subsections (1) or (2) of section 21 hereof shall be used by
    any person for any other purpose than that of transporting
    threshing-mill, chaff-cutting, or corn-crushing machine
    plant belonging to the person owning or using such engine.

30. Any person to whom a license has been issued in
    respect of any traction-engine under subsections (1) or (2)
    of section 21 hereof may surrender the same if and when
    he shall have obtained a license for the said traction-
    engine under subsections (3) or (4) of the said section, and
    he shall thereupon be entitled to a refund of a propor-
    tionate part of the surrendered license fee corresponding
    to the unexpired term of the surrendered license.

31. If any person authorised in this behalf in writing
    under the seal of the Council is of opinion that any vehicle
    or machine infringes this Part of this by-law, he may, on
    exhibiting such written authority, require the driver
    thereof to stop the same, and the driver shall stop the
    same forthwith until the weight of such vehicle or ma-
    chine, or the load thereon, or the weight or measurement
    of the contents thereof, can be ascertained, and in default
    of the driver so doing he shall be guilty of an offence
    under this Part of this by-law ; and, further, such autho-
    ried person may thereupon stop and detain such vehicle
    or machine until the weight thereof, or the load thereon,
    or the weight or measurement of the contents thereof, can
    be ascertained.

32. The driver of any vehicle or machine so stopped
    shall truly answer all such questions as such authorised
    person shall reasonably put to him as to the load or con-
    tents of such vehicle or machine, and the quantity, weight,
    size, or measurement of the same, for the purpose of ascer-
    taining whether this Part of this by-law applies to such
    vehicle or machine, and shall do such acts for the purpose
    of enabling the same to be ascertained as such authorised
    person requests, and permit such authorised person to
    mount such vehicle or machine for the purpose of verifying
    any answers given to him, or for ascertaining the quan-
    tity, weight, size, or measurement aforesaid ; and the
    driver thereof shall do all things necessary to cause the
    vehicle or machine to be stopped while such authorised
    person is engaged in his functions under this section of
    this by-law.

33. Subject to section 35 hereof, such authorised person
    may, for the purpose of ascertaining the weight of any
    vehicle or machine so stopped, or of the load thereon, re-
    quire the owner, driver, or person in charge of such
    vehicle or machine to do all such acts as may be neces-
    sary to have such vehicle or machine, or the load thereon,
    weighed at the nearest accessible weighbridge, or, in the
    event of there being no weighbridge easily available, then
    by any other practicable method, and in default of such
    owner, driver, or person in charge so doing he shall be
    guilty of an offence.

34. If the owner, driver, or person in charge, as the
    case may be, of any vehicle or machine shall refuse or
    neglect to comply with any requirement, or to answer any
    question lawfully put to him, under any of the last three
    preceding sections, and in consequence thereof the weight
    of such vehicle or machine, or the weight or measurement
    of the load thereon, cannot be ascertained, then, notwith-
    standing any penalty to which such owner, driver, or
    person may be liable for such refusal or neglect, this Part
    of this by-law shall, until the contrary is shown, be
    deemed to apply to such vehicle or machine ; and in any
    proceedings instituted against such owner, driver, or per-
    son in respect of such vehicle or machine the onus of
    proving that this Part of this by-law did not apply to
    such vehicle or machine as on the occasion to which such
    refusal or neglect referred shall lie on the person against
    whom the information is laid.

35. The weight of the load or of the contents of any
    vehicle, in so far as such load or contents consist of the
    materials specified in the First Schedule hereto, shall, for
    the purpose of this Part of this by-law, be ascertained by
    computing such weight in accordance with the table set
    out in the said First Schedule.

36. The person in charge of every vehicle or machine
    licensed under this Part of this by-law shall produce the
    license therefor for inspection upon demand being made
    by the County Engineer, County Clerk, or Inspector, or
    by any person authorised in that behalf under the seal of
    the Council.

37. During the months of May, June, July, and August
    in each year no person who is engaged in heavy traffic
    relating to the transportation of logs, sawn timber, green
    flax, telegraph-poles, sleepers, coal, lignite, sand, or
    material to be used for the construction of dredges or for
    dredging purposes, shall carry on the vehicle used for such
    transportation a load of more than two-thirds of the
    maximum weight which he would under this by-law be
    entitled to carry in accordance with the width of the tires
    of the wheels of such vehicle.

PART VI.
Pedlars and Hawkers.

38. From and after the commencement and coming into
    operation of this by-law it shall not be lawful for any
    person to carry on the business of a pedlar or hawker in
    any place whatsoever within the Tuapeka County without
    having previously obtained a license as hereinafter di-
    rected ; and if any person shall, without having first
    obtained such license, carry on such business within any
    part of the said county he shall be guilty of an offence.

39. Every person carrying on such business as aforesaid
    shall be deemed and taken to be unlicensed unless he shall
    prove the contrary by the production of his license, or
    otherwise.

40. “Pedlar” means any person who travels on foot
    only, without any horse or other animal bearing or draw-
    ing burden, and without any vehicle or conveyance, and
    goes from place to place, or to other persons’ houses,
    carrying to sell, or exposing for sale, on his own person
    any goods, wares, or merchandise.

“Hawker” means any person who travels with a horse
or other animal bearing or drawing burden, or any vehicle
or conveyance howsoever drawn or propelled, and goes
from place to place, or to other persons’ houses, carrying
to sell, or exposing for sale, any goods, wares, or mer-
chandise :

Provided that nothing contained in this section shall
apply to any tradesman carrying on business in any fixed
place or places, who by invitation sends for, calls for, or
receives, and at the same time supplies, daily orders for
articles of food.

41. Every person desirous of obtaining a pedlar’s or a
    hawker’s license shall deliver to the County Clerk an
    application in Form I in the Second Schedule hereto,