Hawkers and Pedlars Act

Link to law: http://www.moj.gov.jm/laws/hawkers-and-pedlars-act
Published: 1867-10-15

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
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