Not to deal in smuggled or stolen goods.] If any hawker, pedlar, petty chapman, or other trading person as aforesaid, shall be convicted of knowingly dealing in, vending, or selling any kind of smuggled, contraband, or prohibited goods, wares, or merchandize, or knowingly dealing in, vending, or selling any goods, wares, or merchandize fraudulently or dishonestly procured, either by themselves or through the medium of others, with their privity and knowledge: every such hawker, pedlar, petty chapman, or trading person shall, from and after such conviction, forfeit his licence, and for ever thereafter be incapable of obtaining or holding any new licence, or dealing, trafficking, or trading under the same; and that, over and above all such forfeitures and incapacities, fines and penalties, to which he or she is or shall be by law subject and liable, for such illicit and illegal trafficking and dealing. Id. s. 16.

Not to deal in spirits.] He is prohibited also by the excise laws (6 G. 4, c. 80, s. 138), under the penalty of 100l., from selling or exposing to sale any spirits, by whatever name they may be called.

Shall not sell by auction, unless in the place where he resides.] And it shall not be lawful for any hawker, pedlar, petty chapman, or any other trading person going from town to town, or to other men's houses, and travelling either on foot or with horse or horses, either by opening a room or shop, and exposing to sale any goods, wares, or merchandize by retail in any town, parish, or place, such person not being a householder there, or the same not being an usual place of his or her abode, or by any other means or device, to vend or sell, either by himself or herself, or by any auctioneer, (whether licensed or not), broker, appraiser, agent, servant, or other person 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 highest bidder is or shall be deemed to be the purchaser; and that every person and persons so vending or selling contrary to such prohibition as last aforesaid, shall forfeit and pay for every offence the sum of 50l., to be recovered and applied as herein-after mentioned. 50 G. 3, c. 41, s. 7. See sects. 24, 25, 26, post, p.469, 470. This does not prevent a licensed hawker from selling in a room or shop, &c., in a place where he is not resident, provided he do not sell by auction or outcry, &c. Allen v. Sparkhall, 1 B. & A. 100.

3. Trading without or contrary to licence, &c.

Trading without or contrary to licence.] If any such hawker, pedlar, or petty chapman, or other trading person so travelling

as aforesaid, shall trade as aforesaid without or contrary to, or otherwise than as shall be allowed by such licence, such person shall for each and every such offence forfeit the sum of 101. Id. s. 17.

Conviction:-that E. F. of -, on at --, being then and there a hawker, pedlar and petty chapman, and then and there travelling on [foot], and going from town to town [or to other men's houses], did then and there trade as such hawker, pedlar or petty chapman, and did then and there carry to sell and expose to sale divers goods, wares and merchandize, without any licence to him before then granted in that behalf; against the form of the statute in such case made and provided. Whereupon the said E. F., &c. See R. v. Websdell, 2 B. & C. 136. R. v. Mc Gill, Id. 142. If the conviction state an actual sale, it should describe the article sold, as im larceny. See R. v. Selway, 2 Chit. Rep. 522. If it be for doing any act contrary to the licence, it will be prudent that the statement of the offence shall be special, setting out the substance of the licence, and the act done, &c.

Not shewing licence when demanded.] And if any person trading under or by virtue of any licence to him or her granted as aforesaid,-upon demand made by any person or persons authorized or appointed to demand any such licence by the commissioners for licensing hawkers, pedlars, and petty chapmen for the time being, or any two of them, under their hands and seals, and upon producing or shewing such authority or appointment to such person so trading as last aforesaid,―or upon demand made by any justice of the peace, mayor, constable, or other officer of the peace of any county, riding, division, town corporate, borough, or place where he or she shall so trade,— or by any officer of the customs or excise, or by any person to whom such hawker, pedlar, or petty chapman shall offer any goods to sale,-shall refuse to produce and shew his or her licence for so trading as aforesaid, or shall not have his or her licence ready to produce and shew unto such person authorized or appointed as last aforesaid, or unto such justice of the peace, mayor, constable, or other officer of the customs or excise: that then the person so refusing, or not having his or her licence ready to produce and shew as aforesaid, shall forfeit 101., to be recovered and applied as herein-after mentioned; and for non-payment thereof, shall suffer as a common vagrant, and be committed to the house of correction. Id. s. 17. See

post, tit. "Vagrant."

at, being a

Conviction :-that E. F., of - onperson then and there trading as a hawker, pedlar, aad petty chapman under and by virtue of a licence before then duly granted to him in that behalf, did not then and there produce and shew his said licence to the said A. B., upon demand being

then and then made by the said A. B. to the said E. F., that he the said E. F. should produce and shew the same to him the said A. B., (he the said A. B. being then and there a [constable and peace officer, or a person to whom the said E. F. did then and there offer goods to sale, or as the case may be], but the said E. F. then and there unlawfully refused to produce or shew the same to him the said A. B.; against the form of the statute in such case made and provided. Whereupon the said E. F., &c.

Offenders to be apprehended, &c.] It shall be lawful for any person whatsoever to seize and detain any such hawker, pedlar, petty chapman, or other trading person as aforesaid, (who shall be found trading without a licence, contrary to this Act, or who being found trading shall refuse or neglect to produce to such person a licence according to this Act, after being required so to do,) for a reasonable time, in order to give notice to a constable, headborough, tithingman, or other peace officer or officers, who are hereby required to carry such person so seized, (unless he shall in the meantime produce his licence,) before some one of His Majesty's justices of the peace of the county or place where such offence or offences shall be committed; which said justice of the peace is hereby authorized and strictly required to examine into the fact or facts charged; and upon the proof, either by confession of the party offending, or by the oath of one or more credible witness or witnesses (which the said justice is hereby empowered to administer), that the person so brought before him had so traded as aforesaid, and no such licence being produced by such offender before the said justice, to convict the offender so trading without a licence; and thereupon it shall be lawful for such justice, and he is hereby required, by warrant under his hand and seal, to cause the said sum of 40l. to be levied by distress and sale of the goods, wares, or merchandize of such offender or offenders, or of the goods which such offender or offenders shall be found trading with as aforesaid, rendering the overplus to the owner or owners thereof, after deducting the reasonable charges for making such distress, and out of the said sale to pay the said respective penalties and forfeitures aforesaid, and in the meantime to commit such offender to the common gaol or house of correction for the county, riding, division, city, liberty, town, or place where the said offence shall be commit. ted, there to remain until the said penalties and forfeitures, and the reasonable charges of taking the said distress, shall be levied by such distress and sale as aforesaid, or until the same shall be otherwise paid or satisfied by such offender. Id. s. 20. The word "forty" is here used by mistake for ten, ten pounds being the penalty assigned to the offence by the 17th section. R. v. Websdell, 2 B. & C. 136. R. v. Mc Gill, Id. 142. And if any constable, headborough, or tithingman, or other

See

officer or officers of the peace, shall refuse or neglect, upon due notice, or on his or their own view, to be aiding and as sisting in the execution of this Act, being thereunto required, and each and every such officer or officers, being thereof convicted, upon his confession, or by the oath of one of more credible witness or witnesses, before any justice of the peace for the county or place where the offence shall be committed, shall forfeit for each and every such offence the sum of 10l., to be recovered and applied as hereinafter mentioned. Id. s. 21.

Hiring or lending a licence.] In case any person shall let out or hire or lend any licence to him or her granted as aforesaid, or shall trade with or under colour of any licence granted untoTM any person whatsoever, or of any licence in which his or her own real name shall not be inserted as the name of the person to whom the same is granted, the person letting out to hire or lending any such licence, and the person so trading with or under colour of any licence granted to any other person, or any licence in which his or her own real name shall not be inserted as the name of the person to whom the same is granted, shall each of them forfeit the sum of forty pounds, to be recovered and applied as hereinafter mentioned; and in case any person shall be convicted or have judgment against him for lending his or her licence to any other person contrary to this Act, such his or her licence shall be from henceforth forfeited and void, and he or she shall be utterly incapable of having any licence again granted to him or her to trade as aforesaid: provided always, that nothing herein contained shall subject to the said penalty any servant travelling for a licensed master, with the licence of such master, and for his benefit, or any licensed master sending such servant to travel with such licence. Id. s. 19. See sect. 24, infra. And see Hodgson v. Flower, 2 Comp. 290.

Forging licences.] If any person shall forge or counterfeit any licence by this Act directed to be granted, or travel with or produce or shew any such forged or counterfeited licence, for any of the purposes aforesaid, every such person shall for every such offence forfeit the sum of three hundred pounds, to be recovered and applied as herein-after directed. Id. s. 18.

4. Recovery of Penalties, &c.

Penalty, how recovered.] Any penalty exceeding twenty pounds, must be sued for by action of debt; and half thereof shall go to the crown, half to the informer. Id. s. 24.

But "in all cases where the pecuniary penalty by this Act imposed does not exceed the sum of twenty pounds, it shall be recoverable before one of His Majesty's justices of the peace of the county, riding, shire, division, city, liberty, town

or

place wherein the offence shall be committed, on proof of the offence, either by voluntary confession of the party or parties accused, or by the oath of one or more credible witness or witnesses; and one moiety of every such last-mentioned penalty shall belong to His Majesty, his heirs and successors, and the other moiety to the informer or informers prosecuting for the same; and in case of non-payment, the said justice, by warrant under his hand and seal, shall cause the same to be levied by distress and sale of the offender's goods and chattels, or of the goods and chattels with which such offender shall be found trading, and the overplus of the money raised, after deducting the penalty and expense of the distress and sale, shall be rendered to the owner;-and shall also commit the offender to the prison of such county, shire, division, city, liberty, town, or place, there to remain until the said penalties, and the reasonable charges of taking the said distress, shall be levied by such distress and sale as aforesaid, or until the same shall be paid or satisfied by such offender; and it shall be lawful for any such justice of the peace, by his warrant, to cause such offender to be apprehended and brought before him to answer to any charge or complaint for any such penalty, and to commit such offender to prison as aforesaid until the hearing of such charge or complaint, unless he or she shall and do enter into a recognizance before such justice, with two sufficient sureties, in a sufficient sum to be ordered by such justice, to appear at the hearing of such charge or complaint. Id. s. 25. Provided, however, that no person committed to any gaol or house of correction, for any offence committed against this Act, shall be detained in such gaol or house of correction for any longer space of time than three months. Id. s. 26.

Form of conviction.] The conviction may be in the form or to the effect following, "without stating the evidence, and without alleging more than the substance of the offence." Id. s. 28.

in the year

A. B. came

Be it remembered, that on the day of of our Lord at in the county ofbefore me C. D., one of His Majesty's justices of the peace for the said county, residing near the place where the offence hereinafter mentioned was committed, and informed me that E. F. of

in the said county of· [here set forth the fact for which the information is laid]; whereupon the said E. F. being duly summoned to answer the said charge, appeared before me (and having heard the charge contained in the said information, acknowledged and voluntarily confessed the facts therein stated to be true) but in his [or her] defence alleged [here setting forth the substance of the defence], or voluntarily confessed the said charge to be true, or did not make any defence against the said charge, whereupon the same was fully proved on the oath of