Hawkers and Pedlars Act

HAWKERS AND PEDLARS 1 THE HAWKERS AND PEDLARS ACT ARRANGEMENT OF SECTIONS 1. Short title. 2. No hawker or pedlar to sell goods without licence. 3. Licence. 4. Grant of lianccs. 5. Duration of licencc. 6. Collector to keep register. 7. Penalty on trading without licence. Cancellation of licence. 8. Articles which may be sold without licence. 9. Constable may seize hawker or pedlar selling without liceact or 10. Goods offered or exposed for sale liable to bt sold to meet 11. Penalty for producing forgcd licence. 12. Penalty on illegal dealing with licence. 13. How penalties recovered. refusing to produce licence. Penalty. kHJ3DULE [The inclusion of this page i s authorized by L.N. 480114731 HAWKERS A N D PEDLARS 3 THE HAWKERS AND PEDLARS ACT QIP la6. Ad (1Sth October, 1867.1 Oflm s. 4. 1. This Act may be cited as the Hawkers and Pedlars Short tifle. Act. 2. It shall not be Iawfd for any hawker, pedlar, or other Nohawkcr or rxdlar to without person, to go from place to place, or from house to house, s e i ~ g ~ to sell any goods, wares, or merchandise, or other articles liceme, of traffic (except such as are hereinafter excepted) unless such hawker, pedlar, or other person shall have a licence, as required by this Act. 3.--(1) Except as otherwise provided in section 8, no w-o. person shall carry about for sale in any parish any goods unless he is the holder either of a Class A or a Class B licence under this Act in respect of the parish in which he carries about such goods for sale. (2) No person who is the holder of a Class A licence under this Act shall carry about for sale in the parish to which such Class A licence relates any goods to a total value in excess of ten dollars at any one time. 4,-(1) Every licence under this Act shall be granted by G ~ ~ ~ I ~ I licence% the Collector of Taxes for the parish to which such licence relates upon (a) the payment by the applicant of the appropriate duty in respect of the licence applied for; and (b) the production by the applicant of a certificate from the Superintendent in charge of Police for the parish in which he is ordinarily resident that me idusion of this pew is aUmotizsd by LN. 95/195'71 4 HAWKERS AND PEDLARS he is a fit and proper person to be licensed under this Act : Provided that where any person applies for a licence under this Act within ten days of the expiration of any licence previously granted to him under this Act such person shall not be required to produce any certificate from the Superintendent of Police. (2) Every licence granted under this Act shall expire on the 31st day of December of the year in which it is granted. (3) Every licence under this Act shall, in the case of a Class A licence, be in the form set out as Form I in the Schedule and in the case of a Class B licence, be in the form set out as Form II in the Schedule. (4) The appropriate duty upon every Class A licence shall be two dollars and the appropriate duty upon every Class B licence shall be ten dollars. schedula. I)u=tlonof 5. A hawker's or pedlar's licence issued under this Act in either of the parishes of Kingston or Saint Andrew shall be in full force and effect in both of the said parishes and it shall not be necessary to obtain a separate licence for each such parish. 1,CC"Ee. Collector regiskr. 6 . 4 1 ) The Collector of Taxes shall keep a register in which all licences granted, and the names of the persons obtaining them shall be inserted, and the said register shall be exhibited in the office of the Collector of Taxes. (2) The Collector shall, once in every quarter of a year, forward a copy of the register, signed and certified as a correct copy, to the Superintendent of Police of his parish, which copy shall be kept in a conspicuous part of the Police Station for the use and guidance of the Con stabulary Force. 10 keep inclusion of ihis page is mthor id by LN. 95 i 19971 NA WKERS A N D PEDLARS 5 (3) The register kept under this section shall show in relation to each licence whether it is a Class A licence or a Class B licence. 7 . 4 1 ) Every hawker, pedlar, or other person, who shall $2:; On go from place to place, or from house to house, for the without purpose of selling, or who shall expose for sale any goods, wares, merchandise, or other articles of traffic (except such as are hereinafter excepted) not having a licence for the parish in which he shall so trade as aforesaid, shall, upon summary conviction in the parish wherein the offence shall occur, forfeit and pay a sum not exceeding one thousand 3111995 dollars. shall be convicted of any offence involving dishonesty or of any breach of the provisions of the Agricultural Produce Act, it shall be lawful for the Court before whom he shall be convicted to require him to deliver up his licence and to cancel the same. Any person whose licence shall be can celled under the provisions of this section shall thereupon at once cease to be licensed under this Act to all intents and purposes. any person from selling any bread, fresh fish, milk, fruit, $g:ft vegetables, ground provisions, vegetable roots, or other ~ ~ C ~ Q C C vegetables. commonly known by the name of breadkind, or to limit the real worker or workers, maker or makers of any goods, wares- or manufactures of this Island, including any pickled, salted, preserved, or smoked victual, actually and boria fide manufactured in this Island, or his or their children or known agents or servants usually residing with them, from carrying about or exposing for sale, and selling by retail, or otherwise, any of the said goods, wares. or merchandise of his OT their own making. licence. s. 4. (2) If any person holding any licence under this Act :/?;:* Arliclcs 8. Nothing in this Act contained shall extend to prohibit whichmay ~~~ ~~ ~ . ~ L ’ I h induajon of his ~avgc is au&orizSd by LN. 95 /19971 6 Constable may sem hawkeror wdlar sell inq without licence or refusing to produce licence. 31/199? s. 4. HAWKERS A N D PEDLARS 9. Any constable or peace officer may seize and detain any hawker, pedlar, or other person found travelling from place to place, or house to house, and trading without a licence, contrary to the provisions of this Act; or who, being so found, shall refuse or neglect, on demand, to produce his licence; and such constable or peace officer shall take such person so seized before a Justice; and such Justice shall, on the confession of the party, or upon due proof on oath made of the offence, convict such offender and impose a penalty not exceeding five hundred dollars; and if the penalty imposed be not immediately paid, the Justice shall by warrant under his hand commit the offender to any prison with or without hard labour for the space of thirty days unless the penalty shall be sooner paid. aoo& 10. Under a warrant of distress for the recovery of any offered or penalty against any person convicted under this Act, the sakliableto goods, wares, and merchandise, or other articles of traffic offered or exposed for sale by such offender may be dis pcn*v~ trained on, and sold for, or towards payment of, such penalty. erposed for be sold to meet Penalty for producing forned 11. Any person producing or showing any forged or counterfeit licence for the purpose of evading this Act shall, on summary conviction for every such offencz forfeit a sum not exceeding one thousand dollars, and in default of immediate payment of such penalty shall be imprisoned for any period not exceeding ninety days with or without hard labour as to the Justices shall seem meet. 31,1995 s 4. Penalty on illegal LiCCnce. 3111995 12. In case any person shall lend or hire any licence granted under this Act, or shall trade with, or under colour of any licence which has not been granted to him, every person so offending shall, for every such offence, forfeit and pay a sum not exceeding one thousand dollars. m indwion Oitarspae. is aufhoriZed by LN. 95119971 dealing with s. 4. HAWKERS AND PEDLARS 7 13. Except where otherwise provided, all penalties and HOW forfeitures under this Act shall be recovered in a summary merod manner in the parish where the offence was committed, and in default of payment, the party shall be liable to imprison ment with or without hard labour for any period not exceeding thirty days. penalties lThe indusion of this is authorized by LN. 480/19?3] 8 HAWKERS AND PEDLARS SCHEDULE Section 4. Section 4. FORM I Class A Licence This is to certify that A.B. of ................................................ has been this day duly licensed as a fit and pro’~per person to hawk and peddle in the parish of .......................................... any goods. to a total value not exceeding ten dollars at any one time, frOm the date hereof until the 31st day of December ............... Given under my hand this ............... day of ..................... 19 ...... Collector of Taxes FORM U Class B Licence This is to certify that A.B. of ................................................ and peddle in the parish of .......................................... any goods from the date hereof until the 31st day of December ......... has been this day duly licensed as a fit and proper person to hawk Given under my hand this. .............. day of ..................... 19 ...... Collector of Taxes . . lThe inclusion of this page is a u t h o W by L.N. 480/19731