[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/pa187189.txt

[New search] [Help]

PEDLARS ACT 1871

PEDLARS ACT 1871 - LONG TITLE

An Act for granting Certificates to Pedlars.
[21st August 1871]
Preamble rep. by SLR 1893 (No.2)

Short title.

PEDLARS ACT 1871 - SECT 1

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

S.2 rep. by SLR 1893 (No.2)

PEDLARS ACT 1871 - SECT 3
Interpretation.

3. 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:

Definition rep. by SLR 1893 (No.2)

The term "Court of Summary Jurisdiction" means and includes any
justice or justices of the peace, ... stipendiary or other
magistrate, or officer, by whatever name called, to whom jurisdiciton
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.

No one to act as a pedlar without certificate.

PEDLARS ACT 1871 - SECT 4

4. 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; ....

Para.(2) rep. by 1881 c.45 s.2 sch.

Grant of certificate.

PEDLARS ACT 1871 - SECT 5

5. The following regulations shall be made with respect to the
grant of pedlar certificates:

(1)Subject as in this Act mentioned, a pedlar's certificate shall be
granted to any person by the chief officer of police of the police
district in which the person applying for a certificate has, during
one month previous to such application, resided, on such officer
being 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 pedlar:

(2)An application for a pedlar's certificate shall be in the form
specified in schedule two to this Act, or as near thereto as
circumstances admit:

(3)There shall be paid for a pedlar's certificate previously to the
delivery thereof to the applicant a fee of [#1.25]:

(4)A pedlar's certificate shall be in the form specified in schedule
two to this Act, or as near thereto as circumstances admit:

(5)A pedlar's certificate shall remain in force for one year from
the date of the issue thereof, and no longer:

(6)On the delivery up of the old certificate, or on sufficient
evidence being produced to the satisfaction of the chief officer of
police that the old certificate has been lost, that officer may,
either at the expiration of the current year, or during the
currency of any year, grant a new certificate in the same manner
as upon a first application for a pedlar's certificate. In ...
Ireland the Lord Lieutenant may from time to time provide for the
expiration of all pedlars certificates at the same period of each
year, and in doing so shall provide for the apportionment of the
fees payable in respect of any such certificate.

PEDLARS ACT 1871 - SECT 6
Effect of certificate.

6. ....

For the purpose of the Markets 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 hawker's license, and the term "licensed hawker" in the
first-mentioned Act shall be construed to include a pedlar holding
such a certificate.

S.7 rep. by 1881 c.45 s.2 sch.

PEDLARS ACT 1871 - SECT 8
Register of certificates to be kept in each district.

8. There shall be kept in each police district a register of the
certificates ... granted ... in such district under this Act, in
such form and with such particulars as may from time to time be
directed ... in Ireland by the Lord Lieutenant.

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.

PEDLARS ACT 1871 - SECT 9
Forms of application to be kept at chief police office.

9. 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.

PEDLARS ACT 1871 - SECT 10
Certificate not to be assigned.

10. 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 [#1].

PEDLARS ACT 1871 - SECT 11
Certificate not to be borrowed.

11. 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 [#1].

PEDLARS ACT 1871 - SECT 12
Penalty for forging certificate.

12. 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:

(2)Forges or counterfeits a pedlar's certificate granted under this
Act:

Para.3 rep. by 1881 c.45 s.2 sch.

(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 ...:

No exemption from vagrant law.

PEDLARS ACT 1871 - SECT 13

13. 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.

PEDLARS ACT 1871 - SECT 14
Convictions to be indorsed on certificate.

14. 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.

PEDLARS ACT 1871 - SECT 15
Appeal against refusal of certificate by chief officer of police.

15. If the chief officer of police refuses to grant ... 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 followign 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 uch 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
... 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, ...:

(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.

PEDLARS ACT 1871 - SECT 16
Deprivation of pedlars of certificates by court.

16. 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.

Pedlar to show certificate to certain persons on demand.

PEDLARS ACT 1871 - SECT 17

17. 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 [25p].

PEDLARS ACT 1871 - SECT 18
Arrest of uncertificated pedlar or pedlar refusing to show his
certificate.

18. 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 authorized under this Act, it shall
be lawful for any of the persons authorized 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....

PEDLARS ACT 1871 - SECT 19
Police empowered to inspect pedlar's pack.

19. 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 [#1].

Summary proceedings for offences, &c.

PEDLARS ACT 1871 - SECT 20

20. In ... 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.

...

Provided as follows:

Para.1 rep. by 1962 c.30 s.30(2)(d) sch.4 Pt.IV

2. The description of any offence under this Act in the words of
such Act, or as near thereto as may be, shall be sufficient in
law.

3. Any exception, exemption, proviso, excuse, or qualification,
whether it does or not accompany the description of the offence in
this Act, may be proved by the defendant, but need not be
specified or negatived in the information, and if so specified or
negatived, no proof in relation to the matters so specified or
negatived shall be required on the part of the informant or
prosecutor.

5. Penalties recovered in Ireland shall be applied according to the
Fines Act (Ireland), 1851, or any Act amending the same.

PEDLARS ACT 1871 - SECT 21
Application of fees.

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

...

Deputy of chief officer of police.

PEDLARS ACT 1871 - SECT 22

22. 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.

PEDLARS ACT 1871 - SECT 23
Certificate not required by commercial travellers, sellers of fish,
or sellers in fairs.

23. 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.

PEDLARS ACT 1871 - SECT 24
Reservation of powers of local authority.

24. 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.

S.25 rep. by SLR 1883

country, over which is appointed a

sub-inspector of the Royal Irish

Constabulary.

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.

4. I apply for a certificate under the Pedlars Act, 1871,
authorizing me to act as a pedlar within the police district.

Dated this day of .

In pursuance of the Pedlars Act, 1871, I certify that A.B. [name
of applicant] of in the county of aged years, is hereby authorized
to act as a pedlar within the police district for a year from the
date of this certificate. [To be altered, if necessary, to
correspond to any order of the ... Lord Lieutenant of Ireland as
to time of expiration of licenses.]

Certified this day of A.D.

The certificate will expire on the day of , A.D.

Form C. rep. by SLR 1883






BAILII:
Copyright Policy |
Disclaimers |
Privacy Policy |
Feedback |
Donate to BAILII

URL: http://www.bailii.org/nie/legis/num_act/pa187189.txt