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9 & 10 W. 3.

c. 27. and all Acts relating to the Duties thereby impofed, &c. repealed.

Licences in force.

Commiffion for

CA P. XLI.

An Act for placing the Duties of Hawkers and Pedlars under the Management of the Commiffioners of Hackney Coaches. [2d June 1810.]

WHEREAS it is expedient that the Powers and Provifions con

tained in any Acts of Parliament relating to the Duties upon Hawkers and Pedlars fhould be brought together into one Act, and, that the faid Duties fhould be placed under the Management of the Commiffioners of Hackney Coaches; Be it therefore enacted by the King's Moft Excellent Majefty. by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflembled, and by the Authority of the fame, That from and after the First Day of August One thoufand eight hundred and ten, an A&t paffed in a Parliament holden in the Ninth and Tenth Years of His late Majesty King William, intituled, An Aa for licenfing Hawkers and Pedlars, for a further Provifion for the Payment of the Intereft of the Transport Debt for the reducing of Ireland; and all Acts made for continuing, altering or regulating the Duties thereby impofed, as far only as the faid Acts relate to fuch Continuance, Alteration or Regulation, and all Powers, Provifions and Claufes contained in any Act or Acts of Parliament relating to the Collection of the same Duties, fhall be repealed, except fuch of the faid Powers, Provifions and Claufes, as may be neceffary to be kept in force, for the Recovery of any Arrears of the faid Duties hereby repealed, or any Penalties incurred under any of the Acts hereby repealed: Provided always, that nothing herein contained fhall be conftrued to revive any Act or Provifion which had been repealed-by any of the Acts or Provifions repealed by this Act, and which were not in force at the time of paffing this Act, but the fame fhall continue repealed not withitanding any thing contained in this Act. [See §. 31, poft.]

II. And be it further enacted, That all Licences granted under any former Act to Hawkers and Pedlars, by the Commissioners of Hawkers and Pedlars, and in force immediately before the paffing of this Act, fhall continue in force until the First Day of September One thoufand eight hundred and ten; and that all future Licences which shall be granted under and by virtue of this Act, shall continue in force until the First Day of Auguft next following the Dates of fuch Licences refpectively.

III. And be it further enacted, that from and after the faid Firft licenfing to ceafe. Day of Auguft, the Commiffion by which Commiffioners are appointed for licenfing Hawkers, Pedlars and Petty Chapmen, fhall ceafe and determine.

Allowances to
Conimiffioners,
&c. of Hackney
Coaches.

Penfions to Com

miffioners for licenfing Hawk

er:.

IV. And be it further enacted, That it fhall be lawful for the Lord High Treasurer or the Commiffioners of His Majesty's Treasury for the time being, or any Three or more of them, out of the Monies raised by this Act, to pay to the faid Commiffioners for licenfing and regulating Hackney Coaches, their Clerks or any other Perfons, fuch Sums of Money as they or any of them fhall or may reasonably deferve for their Service, or fhall or may have expended in the Execution of or in relation to this Act: Provided always, that the Lord High Treasurer, or the Commiffioners of the Treasury for the time being, or any Three or more of them, fhall have Power to grant fuch Penfions by way of Compenfation to the Commiffion

ers

oners and other Perfons who fhall be employed in the Office for
granting Licences to Hawkers, Pedlars and Petty Chapinen, at
the time of the paffing of this Act, as to them thall feem fit, fo as
that the fame fhall not in any Cafe exceed the Amount of the Salary
which any fuch Commiffioners, or any fuch other Perfon fhall be
entitled to in refpect of his or her Situation in the said Office.
V. And be it further enacted, That nothing herein contained
fhall extend or be conftrued to extend to hinder any Perfon or Perfons
from felling or expofing to Sale any Sorts of Goods or Merchandize
in any Publick Mart, Market or Fair, legally established within the
Kingdom of England, Dominion of Wales and Town of Berwick
upon Tweed, but fuch Perfon or Perfons may do therein as they
lawfully might have done before the making of this Act; any thing
herein contained to the contrary notwithstanding.

Goods may be expofed to Sale

in Publick Markts.

VI. And be it enacted, That from and after the faid First Day of Duty for LicenAuguft there shall be raised, anfwered and paid to and for the Ufe of ces. His Majefty, his Heirs and Succeffors, the Rates and Duties following, that is to fay, by every Hawker, Pedlar, Petty Chapman, and every other trading Perfon and Perfons going from Town to Town, or to other Men's Houfes, and travelling either on Foot, or with Horfe, Horfes, or otherwife, in England, Wales or the Town of Berwick upon Tweed, carrying to fell, or expofing to Sale, any Goods, Wares or Merchandize, a Duty of Four Pounds for each Year; and every Perfon fo travelling with a Horfe, Afs or Mule or other Beaft (a), bearing, or drawing Burthen, the Sum of Four Pounds yearly for each Beast he or she fhall fo travel with, over and above the said first mentioned Duty of Four Pounds. (a) [See the Cafe of Rex v. Robotham, 3 Burr. p. 1472, mentioned in Note to 9 and 10 W. 3. c. 27. § 1.]

tion.

VII. And be it further enacted, That from and after the faid First Hawkers (not Day of Auguft it fhall not be lawful for any Hawker, Pedlar, being Residents) Petty Chapman or any other trading Perfon or Perfons going from felling by Auc Town to Town, or to other Men's Houfes, and travelling either on Foot or with Horfe or Horfes, either by opening a Room or Shop, and expofing to Sale any Goods, Wares or Merchandize by Retail in any Town, Parish or Place, fuch Perfon not being a Householder there, or the fame not being an ufual Place of his or her Abode, or by any other Means or Device to vend or fell, either by himself or herself, or by any Auctioneer, whether licensed or not, Broker, Appraifer, Agent, Servant or other Perfon on his or her Behalf, any Goods, Wares or Merchandize whatsoever, by Outcry, Knocking down of Hammer, Candle, Lot, Parcel or any other Mode of Sale at Auction, or whereby the best or higheft Bidder is or fhall be deemed to be the Purchaser; and that every Perfon and Perfons fo vending or felling contrary to fuch Prohibition as last aforefaid fhall forfeit and pay for every Offence the Sum of Fifty Pounds, to be recovered and applied as hereinafter mentioned.

VIII. And be it further enacted, That the Duties by this Act impofed fhall be under the Management of the Commiffioners for the time being for licenfing and regulating Hackney Coaches, who fhall have Power to employ fuch additional Clerks and Officers as may be required for collecting, recovering, paying and accounting for the faid Duties, and fhall themselves receive fuch additional Allowances 50 Geo. III.

G

out

Penalty.

Duties under Commiffioners for licenfing Hackney

Coaches.

Licence annually.

The Duties to be

Licence.

out of the faid Duties fo collected by them, as fhall be approved by the Lords Commiffioners of the Treasury..

IX. And be it further enacted, That every Hawker, Pedlar and Petty Chapman fubject to the Duties hereby imposed, shall annually take out a Licence in the manner hereinafter mentioned, which Licence fhall continue in force for fuch time and times as are hereinbefore refpectively provided in that Behalf.

X. And be it further enacted, That from and after the faid First paid on receiving Day of Auguft, every Hawker, Pedlar, Petty Chapman and other trading Perfon or Perfons fo travelling as aforefaid, fhall, at the time of receiving his or her Licence as hereafter mentioned, and without any Discount whatsoever, pay all Duties granted or made payable by, or impofed upon him or her refpectively, to the Commiffioners for the time being for licenfing and regulating Hackney Coaches, or fome Perfon or Perfons in that Behalf authorized or deputed by them, or the major Part of them, in Writing under their Hands and Seals, and upon Payment thereof, and not otherwise, a License fhall be granted to fuch Perfon, fubfcribed by the faid Commiffioners for the time being, or any One of them, for him or her to travel and trade according to the true Intent and Meaning of this Act, and according to the Duties which fhall then be paid upon receiving fuch Licence.

Provifo for Perfons already au

Licences.

Hawkers to produce Certificate of Character.

XI. Provided always, and be it further enacted, That any Person duly authorized and deputed by the prefent Commiffioners to grant thorized to grant Licences in any Place within the Limits of England and Wales, and the Town of Berwick upon Tweed, except the Cities of London and Westminster, and having Authority for that Purpose at the time of paffing this Act, fhall have Power to grant Licences under the Provifions of this Act, as if they had been duly authorized and deputed under this Act by the Commiffioners of Hackney Coaches, until fuch laft mentioned Commiffioners fhall think fit to annul their Authority. XII. And be it enacted, That before any Person or Perfons fhall, receive any Licence to trade or travel as aforefaid, every such Perfon or Perfons fhall produce to the Commiffioner or Commiffioners for licenfing and regulating Hackney Coaches, or their Deputy or Deputies appointed for licenfing Hawkers, Pedlars, Petty Chapmen and other trading Perfons as aforefaid, a Certificate, figned by fome one Clergyman officiating within the Parish, Chapelry or Place, wherein fuch Perfon fo applying for fuch Licence has his ufual Refidence, and alfo by Two reputable Inhabitants of the said Parish, Chapelry or Place, attefting that the Perfon fo applying is of good Character and Reputation, and is a fit Perfon to be licenfed to exercife the Trade of a Hawker, Pedlar and Petty Chapman.

Form of Certif cate.

XIII. And be it further enacted, That the Certificate fo to be produced as aforefaid, fhall be in the Form, or to the Effect following:

WE

WE A. B. the Minifter, and C. D. and E. F. being two
Houfeholders, refiding at

in the Parish, Chapelry, or otherwife, [as the Cafe may be], of
in the County of,

do hereby

certify, that G. H. hath been known to us for the Space of
Years lat paft, and during all that Time hath usually refided in
the faid Parifh, Chapelry, or otherwife, [as the Cafe may be],

of

• of

, and is a Person of good Character and Reputation,

and is a fit Perfon to be licenfed to exercife the Trade of a

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6

XIV. And be it further enacted, That every Person to whom Packages of any fuch Licence as aforefaid fhall be granted, under or by virtue Hawker to have of this Act, and who fhall trade with or under Colour of fuch the Words Licence, fhall cause to be written, painted or printed in large legible Licenfed Roman Capitals, upon the moft confpicuous Part of every Pack, Hawker,' &c, Box, Bag, Trunk, Cafe, Cart or Waggon, or other Vehicle or Conveyance, in which he or she fhall carry his or her Goods, Wares and Merchandize, and of every Room and Shop in which he or she shall fo trade; and likewife upon every Hand Bill or Advertisement which he or fhe fhall give out, diftribute or publifh, the Words, Licensed Hawker,' together with the Number, Name or other Mark or Marks of Distinction fo written or printed upon his or her Licence as aforefaid; and that every fuch Perfon in any Refpect making Default Penalty. herein shall forfeit for every Offence the Sum of Ten Pounds.

cenfed ufing

fuch Words

XV. And be it further enacted, That if at any Time from and after Perfons not li the faid First Day of August, any Perfon other than to whom fuch Licence fhall have been fo granted as aforefaid, fhall write, paint or print, or cause to be written, painted or printed, or kept or continue written, painted or printed upon any Pack, Bag, Box, Trunk, Cafe, Cart, Waggon, or other Vehicle or Conveyance for any Goods, Wares or Merchandize, or in any Room or Shop in which he or she fhall fell or expofe to Sale or keep for Sale any Goods, Wares or Merchandize, the Words Licensed Hawker or Licensed Pedlar, or any other Word or Words to that Effect, every Perfon offending Penalty. therein fhall forfeit for each Offence the Sum of Ten Pounds.

XVI. And be it further enacted, That if any Hawker, Pedlar, Hawkers dealing Petty Chapman or other trading Perfon as aforefaid, fhall, from and in fmuggled after the faid First Day of August, be convicted of knowingly dealing Goods. in, vending or felling any Kind of smuggled, contraband or prohibited Goods, Wares or Merchandize, or knowingly dealing in, vending or felling any Goods, Wares or Merchandize, fraudulently er difhoneftly procured either by themselves or through the Medium of others, with their Privity and Knowledge, every fuch Hawker, Pedlar, Petty Chapman or trading Perfon, fhall, from and after such Conviction, forfeit his or her Licence, and for ever thereafter be Penalty. incapable of obtaining or holding any new Licence, or dealing, trafficking or trading under the fame, and that over and above all fuch Forfeitures and Incapacities, Fines and Penalties to which he or fhe is or fhall be by Law fubject and liabl:, for fuch illicit and illegal trafficking and dealing.

XVII. And be it further enacted, That if any fuch Hawker, Trading contrary Pedlar or Petty Chapman, or other trading Perfon fo travelling as to Licence. aforefaid, fhall, from and after the faid Firft Day of August, trade

as aforefaid without, or contrary to, or otherwife than as shall be
allowed by fuch Licence, fuck Perfon fhall, for each and every
fuch Offence, forfeit the Sum of Ten Pounds, to be recovered and Penalty.
applied as hereinafter mentioned; and that if any Person trading

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Penalty.

Imprisonment. Forging or using forged Licence.

Penalty.

Hiring or lending
Licence.

Penalty.

Perfons trading without Licence,

or refufing to produce it, how dealt with.

under or by virtue of any Licence to him or her granted as aforefaid, upon Demand made by any Perfon or Perfons authorized or appointed to demand any fuch Licence by the Commithioners for licenfing Hawkers, Pedlars and Petty Chapmen for the time being, or any Two of them, under their Hands and Seals, and upou producing or fhewing fuch Authority or Appointment to fuch Perfon fo trading as laft aforefaid, or upon Demand made by any Justice of the Peace, Mayor, Conftable or other Officer of the Peace of any County, Riding, Divifion, Town Corporate, Borough or Place where he or the hall fo trade, or by any Officer of the Cuftoms or Excife, or by any Perfon to whom fuch Hawker, Pedlar or Petty Chapman fhall offer any Goods to Sale, fhall refufe to produce and thew his or her Licence for fo trading as aforefaid, or fhall not have his or her Licence ready to produce and fhew unto fuch Perfon authorized or appointed as laft aforefaid, or unto fuch Juftice of the Peace, Mayor, Conftable or other Officer of the Cuftoms or Excife, that then the Perfon fo refufing or not having his or her Licence ready to produce and fhew as aforefaid, fhall forfeit Ten Pounds, to be recovered and applied as hereinafter mentioned, and for Nonpayment therof fhall fuffer as a common Vagrant, and be committed to the House of Correction.

XVIII. And be it further enacted, That if any Perfon or Perfons whatfoever, hall forge or counterfeit any Licence or Licences by this A&t directed to be granted, or travel with, or produce or fhew any fuch forged or counterfeited Licence or Licences, for any of the Purpofes aforefaid, every fuch Perfon fhall, for every fuch Offence, forfeit the Sum of Three hundred Pounds to be recovered and applied as hereinafter directed.

XIX. And be it further enacted, That in case any Perfon fhall let out, or hire or lend any Licence to him or her granted as aforefaid, or fhall trade with or under colour of any Licence granted untu any Perfon whatfoever, or of any Licence in which his or her own real Name fhall not be inferted as the Name of the Perfon to whom the fame is granted, the Perfon letting out to hire or lending any fuch Licence, and the Perfon fo trading with or under colour of any Licence granted to any other Perfon, or any Licence in which his or her own real Name fhall not be inferted, as the Name of the Perfon to whom the fame is granted, fhall each of them forfeit the Sum of Forty Pounds, to be recovered and applied as hereinafter mentioned; and in cafe any Perfon fhall be convicted or have Judgment against him for lending his or her Licence to any other Perfon or Perfons contrary to this Act, fuch his or her Licence fhall be from henceforth forfeited and void, and he or fhe fhall be utterly incapable of having any Licence again granted to him or her to trade as aforefaid; Provided always, that nothing herein contained fhall fubject to the faid Penalty any Servant travelling for a licenfed Master, with the Licence of fuch Master, and for his Benefit; or any licensed Mafter fending fuch Servant to travel with fuch Licence.

XX. And be it further enacted, That it fhall be lawful for any Perfon or Perfons whatfoever to feize and detain any fuch Hawker, Pedlar, Petty Chapman or other trading Perfon as aforefaid, who fhall be found trading without a Licence contrary to this Act, or who being found trading fhall refufe or neglect to produce to fuch Perfon or Perfons a Licence according to this Act, after being

required

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