Preliminary

1Short title.

This Act may be cited as The Pedlars Act, 1871.

2Commencement of Act.

This act shall not come into operation-until the first day of January one thousand eight hundred and seventy-two, which date is in this Act referred to as the commencement of this Act.

3Interpretation of certain terms in this Act.

In this Act, if not inconsistent with the context, the following terms have the meanings herein-after respectively assigned to them; that is to say,

• The term " pedlar " means any hawker, pedlar, petty chapman, tinker, caster of metals, mender of chairs, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men's houses, 'carrying to sell or exposing for sale any goods, wares, or merchandise, or procuring orders for goods, wares, or merchandise immediately to be delivered, or selling or offering for sale his skill in handicraft:

• The term " police district " means any of the districts mentioned in schedule one to this Act, and the term " chief officer of police " with reference to any police district means the officer mentioned in relation to that district in the said schedule, and such schedule with the notes thereto shall have effect as if it were enacted in this section:

• The term " Summary Jurisdiction Acts " means as follows :

  • As to England, the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties " of justices of the peace out of sessions within England and " "Wales with respect to summary convictions and orders," and any Acts amending the same :

  • As to Scotland, "The Summary Procedure Act, 1864 :"

  • As to Ireland, within the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for such district, or of the police of such district; and elsewhere in Ireland, " The Petty Sessions (Ireland) Act, 1851," and any Act amending the same :

• The term " Court of Summary Jurisdiction " means and includes any justice or justices of the peace, sheriff or sheriff substitute, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any Acts therein referred to, or to proceedings before whom the provisions of the Summary Jurisdiction Acts are or may be made applicable.

Certificates to be obtained by Pedlars

4No one to act as a pedlar without certificate.

No person shall, act as a pedlar without such certificate as in this Act mentioned, or in any district where he is not authorised by his certificate so to act.

Any person who—

(1)acts as a pedlar without having obtained a certificate under this Act authorising him so to act; or

(2)acts as a pedlar in any district in which he is not authorised so to act by a certificate under this Act,

shall be liable for a first offence to a penalty not exceeding ten shillings, and for any subsequent offence to a penalty not exceeding one pound.

5Grant of certificate.

The following regulations shall be made with respect to the grant of pedlars certificates:

6Effect of certificate.

A pedlar's certificate granted under this Act shall, during the time for which it continues in force, authorise the person to whom it is granted to act as a pedlar within the police district in which the certificate is taken out.

For the purpose of the [10 & 11 Vict. c. 14.] Markets and Pairs Clauses Act, 1847, and any Act incorporating the same, a certificate under this Act shall have the same effect, within the district for which it is granted, as a hawker's license, and the term " licensed hawker " in the first-mentioned Act shall be construed to include a pedlar holding such a certificate.

7Extension of certificate by indorsement to other districts than that for which it was granted.

Any pedlar who, having obtained a pedlar's certificate, desires to act as a pedlar in any other police district than that in which the certificate is taken out, may, while his certificate remains in force, apply to the chief officer of police of such other district to indorse his certificate, and such officer shall, if satisfied that the applicant is above seventeen years of age, is a person of good character, and in good faith intends to carry on the trade of a pedlar, and on payment by the pedlar of a fee not exceeding sixpence, indorse such certificate, and such indorsed certificate shall, while it continues in force, authorise the pedlar to act as a pedlar in such other district, and have in all aspects the same effect as a certificate granted under this Act by an officer of such district to a person resident therein would have.

The indorsement shall be in the form specified in schedule two to this Act, or as near thereto as circumstances admit.

8Register of certificate's to be kept in each district.

There shall be kept in each police district a register of the certificates and of the indorsement of certificates granted and made in such district under this Act, in such form and with such particulars as may from time to time be directed in Great Britain by one of Her Majesty's Principal Secretaries of State, and in Ireland by the Lord Lieutenant or other chief governor or governors of Ireland for the time

The entries in such register, and any copy of any of such entries, certified by the chief officer of police to be a true copy, shall be evidence of the facts stated therein.

9Forms of application to be kept at chief police office.

Forms of applications for certificates shall be kept at every police office in every police district, and shall be given gratis to any person applying for the same; and all applications for certificates shall be delivered at the police office of the division or subdivision of the police district within which the, applicant resides, and certificates, when duly signed by the chief officer of police, shall be issued at such office.

10Certificate not to be assigned.

A person to whom a pedlar's certificate is granted under this Act shall not lend, transfer, or assign the same to any other person, and any person who lends, transfers, or assigns such certificate to any other person shall for each offence be liable to a penalty not exceeding twenty shillings.

11Certificate not to be borrowed.

No person shall borrow or make use of a pedlar's certificate granted to any other person, and any person who borrows or makes use of such certificate shall for each offence be liable to a penalty not exceeding twenty shillings.

12Penalty for forging certificate.

Any person who commits any of the following offences; (that is to say,)

shall for the first offence be liable to a penalty not exceeding two pounds, and for any subsequent offence, either instead of or in addition to such penalty, to be imprisoned for any term not exceeding six months, with or without hard labour.

13No exemption from vagrant law.

A person shall not be exempt from the provisions of any Act relative to idle and disorderly persons, rogues, and vagabonds, by reason only that he holds a certificate under this Act, or assists or is accompanying a pedlar holding a certificate under this Act.

14Convictions to be indorsed on certificate.

If any pedlar is convicted of any offence under this Act, the court before which he is convicted shall indorse or cause to be indorsed on his certificate a record of such conviction.

The indorsements made under this Act on a pedlar's certificate shall be evidence of the facts stated therein.

15Appeal against refusal of certificate by chief officer of police.

If the chief officer of police refuses to grant or indorse a certificate, the applicant may appeal to a court of summary jurisdiction, haying jurisdiction in the place where such grant or indorsement was refused, in accordance with the following provisions :

16Deprivation of pedlar of certificate by court.

Any court before which any pedlar is convicted of any offence, whether under this or any other Act, or otherwise, may, if he or they think fit, deprive such pedlar of his certificate; and any such court shall deprive such pedlar of his certificate if he is convicted of begging.

Any court of summary jurisdiction may summon a pedlar holding a certificate under this Act to appear before them, and if he fail to appear, or on appearance to satisfy the court that he is in good faith carrying on the business of a pedlar, shall deprive him of his certificate.

Duties of Pedlars

17Pedlar to show certificate to certain persons on demand.

Any pedlar shall at all times, on demand, produce and show his certificate to any of the following persons; (that is to say,)

And any pedlar who refuses, on demand, to show his certificate to, and allow it to be read and a copy thereof to be taken by, any of the persons hereby authorised to demand it, shall for each offence be liable to a penalty not exceeding five shillings.

18Arrest of uncertificated pedlar or pedlar refusing to show his certificate.

Where a person acting as a pedlar either refuses to show his certificate or has no certificate, or refuses to allow or prevents, or attempts to prevent any such opening or inspection of his pack box, bag, trunk, or case as is authorised under this Act, it shall be lawful for any of the persons authorised to demand the production of the certificate, and also for any other person acting by his order or at his request and in his aid, to apprehend such offender, and forthwith to convey or cause him to be conveyed before a justice of the peace. In Scotland such justice of the peace may commit such offender for trial if he think fit.

19Police empowered to inspect pedlar's pack.

It shall be lawful for any constable or officer of police at any time to open and inspect any pack, box, bag, trunk, or case in which a pedlar carries his goods, wares, and merchandise ; and any pedlar who refuses to allow such constable or officer to open or inspect such pack, box, bag, trunk, or case, or prevents or attempts to prevent him from opening or inspecting the same, shall be liable for each offence to a penalty not exceeding twenty shillings.

Legal Proceedings

20Summary proceedings for offences, &c.

In England and Ireland all offences and penalties under this Act may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts, before a court of summary jurisdiction.

In Scotland all offences and penalties under this Act shall be prosecuted and recovered before a court of summary jurisdiction under the provisions of the Summary Procedure Act, 1864, and all necessary powers are hereby conferred on such court.

Provided as follows:

21Application of fees.

All fees received under this Act in England and Ireland shall be applied in manner in which penalties recoverable under this Act are applicable.

All fees received under this Act in Scotland shall be accounted for and paid to the collector of the police assessment levied for support of the police of the district in which they are received, in aid of such assessment.

Miscellaneous

22Deputy of chief officer of police.

Any act or thing by this Act authorised to be done by the chief officer of police may be done by any police officer under his command authorised by him in that behalf, and the term " chief officer of police " in this Act includes, in relation to any such act or thing, the police officer so authorised.

23Certificate not required by commercial travellers, sellers of fish, or sellers in fairs.

Nothing in this Act shall render it necessary for a certificate to be obtained by the following persons as such; (that is to say,)

24Reservation of powers of local authority.

Nothing in this Act shall take away or diminish any of the powers vested in any local authority by any general or local Act in force in the district of such local authority.

Repeal

25As to repeal of Pedlars Act, 1870.

The Pedlars Act, 1870, is hereby repealed; provided that,—

(1)Any license granted under that Act shall continue in force as if it was granted under this Act:

(2)This repeal shall not affect,

(a)Anything duly done or suffered under the said Act before the commencement of this Act:

(b)Any right or privilege acquired or any liability incurred under the said Act before the commencement of this Act:

(c)Any penalty, forfeiture, or other punishment incurred in respect of any offence against the said Act before the commencement of this Act:

(d)The institution or prosecution of any investigation or legal proceeding, or any other remedy, for ascertaining, enforcing, recovering, or imposing any such liability, penalty, forfeiture, or punishment as aforesaid.

SCHEDULE ONE

SCHEDULE TWO

FORM A.FORM OF APPLICATION FOR PEDLAR'S CERTIFICATE.

FORM B.FORM OF PEDLAR'S CERTIFICATE.

FORM C.FORM OF INDORSEMENT OF PEDLAR'S CERTIFICATE.