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Pedlars Act 1871 in Northern Ireland

34 & 35 Vict. c. 96 · Enacted 21 August 1871 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2009.

An Act for granting Certificates to Pedlars.

[21st August 1871]C1C2C3X1

Annotations to the whole text

Modifications

C1

Preamble omitted under authority of Statute Law Revision (No. 2) Act 1893 (c. 54)

C2

References to Ireland to be construed as exclusive of Republic of Ireland: S.R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

C3

This Act is not necessarily in the form in which it has effect in Northern Ireland

Editorial notes

X1

This Act is not necessarily in the form in which it has effect in Northern Ireland.

Contents

  1. Preliminary
  2. 1Short title.
  3. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 3Interpretation of certain terms in this Act. “Pedlar”.
  5. Certificates to be obtained by Pedlars
  6. 4No one to act as a pedlar without certificate.
  7. 6Effect of certificate.
  8. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 10Certificate not to be assigned.
  10. 11Certificate not to be borrowed.
  11. 12Penalty for forging certificate.
  12. 13No exemption from vagrant law.
  13. 14Convictions to be indorsed on certificate.
  14. 15Appeal against refusal of certificate by chief officer of police.
  15. 16Deprivation of pedlars of certificates by court.
  16. Duties of Pedlars
  17. 17Pedlar to show certificate to certain persons on demand.
  18. 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  19. 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  20. Legal Proceedings
  21. 20Summary proceedings for offences, &c.
  22. Miscellaneous
  23. 22Deputy of chief officer of police.
  24. 23Certificate not required by commercial travellers, sellers of fish, or sellers in fairs.
  25. 24Reservation of powers of local authority.
  26. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  27. Schedule ONESchedule ONE
  28. Schedule TWOForm A
  29. 1Paragraph 1
  30. 2Paragraph 2
  31. 3Paragraph 3

1Short title.

This Act may be cited as “The Pedlars Act 1871.”

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

3Interpretation of certain terms in this Act. “Pedlar”.

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

  • The term “pedlar” means any hawker, pedlar, petty chapman, tinker, caster of metals, F1... 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 deliveredF2...;

  • . . . F3

  • F4. . .

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 authorized by his certificate so to act.

Any person who—

(1)

acts as a pedlar without having obtained a certificate under this Act authorizing him so to act;

. . . F1

shall be liable for a first offence to a penalty not exceeding F2level 1 on the standard scale, and for any subsequent offence to a penalty not exceeding level 1 on the standard scale .

6Effect of certificate.

. . . F1

For the purpose of the M1Markets and Fairs 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 hawkers license, and the term “licensed hawker” in the first-mentioned Act shall be construed to include a pedlar holding such a certificate.

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

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 F1level 1 on the standard scale.

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 F1level 1 on the standard scale.

12Penalty for forging certificate.C2C1

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

(1)

Makes false representations with a view to obtain a pedlar’s certificate under this Act:

F1(2)

Forges or counterfeits a pedlar’s certificate granted under this Act:

(3)

. . . F2

(4)

Aids in making or procures to be made such forged or counterfeited certificate . . .

(5)

Travels with, produces, or shows any such forged or counterfeited certificate . . .

shall for the first offence be liable to a penalty not exceeding F3level 2 on the standard scale, and for any subsequent offence, either instead of or in addition to such penalty, to be imprisoned for any term not exceeding six months, . . . F4

13No exemption from vagrant law.F1

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 . . . F1 a certificate, the applicant may appeal to a court of summary jurisdiction having jurisdiction in the place where such grant . . . was refused, in accordance with the following provisions:

(1)

The applicant shall, within one week after the refusal, give to the chief officer of police notice in writing of the appeal:

(2)

The appeal shall be heard at the sitting of the court which happens next after the expiration of the said week, but the court may, on the application of either party, adjourn the case:

(3)

The court shall hear and determine the matter of the appeal, and make such order thereon, with or without costs to either party, as to the court seems just:

(4)

An appeal under this Act to a court of summary jurisdiction in England or Ireland shall be deemed to be a matter on which that court has authority by law to make an order in pursuance of the Summary Jurisdiction Acts, and in Scotland the court may adjudicate on matters arising under this section, in accordance with the enactments relating to the exercise of their ordinary jurisdiction:

(5)

Any certificate, . . . granted . . . in pursuance of an order of the court, shall have the same effect as if it had been originally granted . . . by the chief officer of police.

16Deprivation of pedlars of certificates 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.

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,)

(1)

Any justice of the peace; or

(2)

Any constable or officer of police; or

(3)

Any person to whom such pedlar offers his goods for sale; or

(4)

Any person in whose private grounds or premises such pedlar is found:

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 authorized to demand it, shall for each offence be liable to a penalty not exceeding F1level 1 on the standard scale .

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

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 F1Part II of the M1Criminal Procedure (Scotland) Act 1975, and all necessary powers are hereby conferred on such court.

F2. . .

22Deputy of chief officer of police.

Any act or thing by this Act authorized to be done by the chief officer of police may be done by any police officer under his command authorized 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 authorized.

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,)

(1)

Commercial travellers or other persons selling or seeking orders for goods, wares, or merchandise to or from persons who are dealers therein and who buy to sell again, or selling or seeking orders for books as agents authorized in writing by the publishers of such books:

(2)

Sellers of vegetables, fish, fruit, or victuals:

(3)

Persons selling or exposing to sale goods, wares, or merchandise in any public mart, market, or fair legally established.

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.

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

Schedule ONEF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule TWOForm A

Form of Application for Pedlar’s Certificate.

1

I,A.B. [Christian and surname of applicant in full] have during the last calendar month resided at in the parish of in the county of

2

I am by trade and occupation a [here state trade and occupation of applicant, e.g., that he is a hawker, pedlar, &c.]

3

I am years of age.