3 Geo. 4, c. 114, c. 162. Hard Labour, Punishment of. BY the 3 Geo. IV. c. 114, intituled, An act to provide for the mare reciting 53 Geo. 3, effectual punishment of certain offences, by imprisonment with hard labour, after reciting, that, by 53 Geo. III. c. 162, it was enacted, “That it should and might be lawful for any court to pass upon any person wh should be lawfully convicted before such court of felony with benefit of clergy, or of any grand larceny, or of any petit larceny, the sentence of imprisonment to hard labour, either simply and alone, or in addition to any other sentence which such court might or should be authorized to pass upon any person lawfully convicted of any of the offences aforesaid, as to such court should seem fit; and such person should there upon suffer such other sentence, and be moreover imprisoned and kept to hard labour, or be simply imprisoned and kept to hard labour, in such place and for such time as such court should think fit to direct not exceeding the time for which such courts might then imprison f such offences: And whereas it is expedient that the provisions of the said act should be extended to certain aggravated misdemeanors, and offences below the degree of felony," it is enacted, "That, from at of certain offences after the passing of this act, whenever any person shall be convicted of any of the offences hereafter specified and set forth: that is to say, Persons convicted may be sentenced to imprisonment with hard labour. 66 [Any assault with intent to commit felony]. Any attempt to commit felony. Any riot. "Any misdemeanor for having received stolen goods knowing them to have been stolen. "[Any assault upon a peace officer, or upon an officer of the customs or excise, or upon any other officer of the revenue, in the due discharge and execution of his or their respective duty or duties, or upon any person or persons acting in aid of any such officer or officers in the due discharge and execution of his or their respective duty or duties]. "[Any assault_committed in pursuance of any conspiracy to rais the rate of wages]. "Being an utterer of counterfeit money, knowing the same to be counterfeit. "Knowingly and designedly obtaining money, goods, wares, or merchandizes, bills, bonds, or other securities for money, by false pretences, with intent to cheat any person of the same. 66 Keeping a common gaming-house, a common bawdy-house, or a common ill-governed and disorderly house. "Wilful and corrupt perjury, or of subornation of perjury. "Having entered any open or inclosed ground with intent there illegally to destroy, take, or kill game or rabbits, or with intent to aid, abet, and assist any person or persons illegally to destroy, take, or kill game or rabbits, and having been there found at night armed with any offensive weapon. "In each and every of the above cases, and whenever any person shall be convicted of any or either of the aforesaid offences, it shall and may be lawful for the court before which any such offender shall be convicted, or which by law is authorized to pass sentence upon any such offender, to award and order (if such court shall think fit) sentence of imprisonment with hard labour, for any term not exceeding the term for which such court may now imprison for such offences, either in addition to or in lieu of any other punishment which may be inflicted on any such offenders by any law in force before the passing of this act; and every such offender shall thereupon suffer such sentence, in such place, and for such time as aforesaid, as such court shall think fit to direct." This statute, so far as it relates to the assaults therein mentioned, and above noticed in brackets, is repealed by the 9 Geo. IV. c. 31; but its provisions were nearly re-enacted by the same act. See ante, "Asault," Vol. I., p. 293. 3 Geo. 4, c. 114. The 7 & 8 Geo. IV. c. 29, s. 4, (the Larceny Act), enacts, "That In larceny. where any person shall be convicted of any felony, or misdemeanor punishable under this act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet." See post, tit. "Larceny." There is also a similar clause, as to hard labour, in the 7 & 8 Geo. IV. c. 30, s. 27, relative to offences against property, which, see tit. "Malicious Injuries to Property," Vol. V., p. 23. Malicious injuries to property. By 7 Will. IV. & 1 Vict. c. 85, s. 8, relative to offences against the In offences against person, hard labour may be added to the punishment of imprisonment. See "Malicious Injuries to the Person," Vol. V., p. 7. the person. There is also a similar clause in the 7 Will. IV. & 1 Vict. c. 87, s. 10, Robbery, &c. relative to the offences of robbery and stealing from the person, and connected therewith; which see, post, tit. "Robbery." Vol. V. Also, a similar clause in the 7 Will. IV. & 1 Vict. c. 87, s. 6, relative to Burglary, &c. the offence of burglary and stealing in the dwelling-house; and which 66 see, tit. "Burglary," Vol. I., “ Larceny,” Vol. III. Also, a similar clause in the 7 Will. IV. & 1 Vict. c. 84, s. 3, relative Forgery. to the punishment for forgery; which see, tit. "Forgery." Also, a similar clause in the 7 Will. IV. & 1 Vict. c. 88, s. 5, relative the offence of piracy; which see, ante, title "Piracy," Vol. V., p. 349. Also, a similar clause in the 7 Will. IV. & 1 Vict. c. 89, s. 12, relative to the offence of burning or destroying buildings or ships; which tit. "Burning," Vol. I., p. 504. see, See also the various titles of offences throughout this work, as to when hard labour may be imposed in other cases than the above. By the 7 Will. IV. & 1 Vict. c. 90. s. 3, an act for the amendment of the law relative to offences punishable by transportation for life, enacts, "That, in awarding the punishment of imprisonment for any offence punishable under this act, it shall be lawful for the court to direct such imprisonment to be with or without hard labour, in the common caol or house of correction, and also to direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet." Piracy. Arson, and destroy ing ships, &c. As to the mode of enforcing this punishment, and how it is to be Mode of enforcing. regulated, &c., see tit. "Gaols," Vol. III. Hares and Harepipes, &c. See "Game,” Vol. III. Hats. See ante, "Excise and Customs," Vol. II. Who are. Expediency of laws as to. Hawkers and Pedlars. [7 Geo. III. c. 43; 48 Geo. III. c. 84; 50 Geo. III. c. 41; 52 Geo. III. c. 108: 6 Geo. IV. c. 80; 1 & 2 Will. IV. c. 22.] A HAWKER is an itinerant trader, who goes about from place t place, carrying with him, and selling, wares. By Dr. Johnson, a hawker is defined to be "one who sells his wares by proclaiming them in the street." A pedlar is a hawker in small wares. By Dr. Johnson, he is defined to be" one who travels the country with small commodities." The trade carried on by persons keeping fixed establishments is, ge nerally speaking, much more beneficial to the state than that of itine rant hawkers and pedlars. The character of the local trader is better known, and, therefore, there is greater security for the respectability his dealings. He contributes also by the number of persons he employ and the taxes he pays, much more than the itinerant trader, to promot the wealth and increase the prosperity of the country. Hence has arise the expediency of framing laws, which may operate as a restraint up itinerant traders, may diminish their number, and, while they prevent any illegal practices, may, by obliging such persons to take out licenses, and to submit to certain other regulations, be productive of revenue and profit. (See 2 Chitty's Commercial Law, 163). We will divide our considerations under this title, as follows: I. Duties and Licenses, &c., who subject, &c. to, &c., p. 479. II. Certificate to obtain License, p. 481. III. Packages, &c., to be marked, p. 482. IV. Exemptions from taking out License, p. 482. V. Licensed Hawkers may set up any Trade, p. 484. VI. What Goods, &c., Hawkers prohibited hawking, p. 485. VII. Selling by Auction prohibited, &c., p. 485. VIII. Hawking contrary to, or without a License, or refusing to produce it, p. 486. IX. Hiring or lending Licenses, p. 490. X. Forging Licenses, p. 491. IX. Constables refusing to Assist, &c., p. 491. XII. Recovery and Application of Penalties, Non-attendance of XIII. Conviction-General Issue, &c., p. 492. XIV. Appeal, p. 494 XV. Forms, p. 494. བླས བྱ I. Buties, Licenses, &c. 9 1. Duties, Licenses, &c. & 10 Will. 3, c. 27, and all acts thereby imposed, &c., repealed. relating to duties Stat. 50 Geo. III. c. 41, intituled “An act for placing the duties of 50 Geo. 3, c. 41. hawkers and pedlars under the management of the commissioners of hackney coaches," Sect. 1, after reciting, That "it is expedient that the powers and provisions contained in any acts of Parliament relating to the duties upon hawkers and pedlars should be brought together into one act, and that the said duties should be placed under the management of the commissioners of hackney coaches," enacts, "That, from and after the 1st day of August, 1810, an act passed in a Parliament holden in the ninth and tenth years of his late Majesty King William, intituled An act for licensing hawkers and pedlars; for a further provision for the payment of the interest of the transport debt for the reducing of Ireland; and all acts made for continuing, altering, or regulating the duties thereby imposed, as far only as the said acts relate to such continuance alteration, or regulation, and all powers, provisions, and clauses contained in any act or acts of Parliament relating to the collection of the same duties, shall be repealed, except such of the said powers, provisions, and clauses as may be necessary to be kept in force for the recovery of any arrears of the said duties hereby repealed, or any penalties incurred under any of the acts hereby repealed: Provided always, that nothing herein contained shall be construed to revive any act or provision which had been repealed by any of the acts or provisions repealed by this act, and which were not in force at the time of passing this act; but the same shall continue repealed, notwithstanding any thing contained in this act." Will. 3, extended to this act. But, by sect. 31, All the powers, rules, penalties, and forfeitures, ex- Powers of 9 & 10 emptions, and things whatsoever, which, by stat. 9 & 10 Will. III. c. 27, or by any other law now in force relating to the duties by that act granted, are provided, settled, or established, (other than so far as the same is or are inconsistent with, or repugnant to, this act, and other than in such cases for which different provisions are prescribed by this act), shall be exercised, and put in execution for the managing, raising, levving, recovering, and paying the several duties hereby granted, as fully as if all the said powers, &c., were repeated in this present act. By the 1 & 2 Will. IV. c. 22, ss. 75 & 76, the duties granted by the 50 Geo. III. c. 41, on hawkers and pedlars, are to be paid to commissioners of stamps; and the powers, provisions, regulations, and directions contained in the 50 Geo. III., and of any other act relating to duties on hawkers and pedlars, are to be of as full force as if repeated in that act of 1 & 2 Will. IV. Who to grant li censes and to whom the duty is to be paid. By 50 Geo. III. c. 41, s. 2, all licenses shall continue in force until Licenses to be the 1st of August next following the dates of such licenses; and they are to be annual licenses. Before the license is granted, it is necessary that the applicant should produce the certificate as required by sects. 12, 13. (See post, 481.) By sect. 10, the duties are to be paid at the time of receiving the licenses. Sect. 6. "From and after the said 1st day of August, there shall be raised, answered, and paid, to and for the use of his Majesty, his heirs and successors, the rates and duties following, that is to say, by every hawker, pedlar, petty chapman, and every other trading person and persons going from town to town, or to other men's houses, and travelling either on foot, or with horse, horses, or otherwise, in England, Wales, or the town of Berwick-upon-Tweed, carrying to sell, or exposing to sale, any goods, wares, or merchandize, a duty of 47. for each year; and every person so travelling with a horse, ass, or mule, or other beast bearing or drawing burthen, the sum of 41. yearly for each beast he or annual. 1. Duties, Licenses, &c. Exemptions. Who are hawkers, &c., within the statute. she shall so travel with, over and above the said first-mentioned duty of 41." Only one horse license is required for hawkers, pedlars, and petty chapmen travelling with several beasts. (R. v. Robotham, 3 Bur. 1472). By sects. 5 and 23, post, 482, and 52 Geo. III. c. 108, post, 484, severa persons are exempted from this duty. See the provisions in those pages As to hawkers selling by auction, see post, p. 485. Every hawker, &c.]-A single act of selling a parcel of silk handker chiefs to a particular person, is not a sufficient proof that the party wa such a hawker, pedlar, or petty chapman, as ought to take out the cense. (R. v. Little, 1 Burr. 609; and see Paley, 68; R. v. Buckle, 4 East, 346). And every other trading person.]—These words extend to the case of all itinerant dealers who sell by retail, how extensive soever their trans actions may be, and are not restrained to persons of the same descrip tion, as hawkers and pedlars who deal in a small way. Thus, a licensed auctioneer, going from town to town in a public sta coach, and sending goods by public waggons, and selling the same on commission by retail, or by auction at the different towns, is a trading person, within the above 6th section, and must take out a hawker's and pedlar's license; (R. v. Turner, 4 B. & Ald. 510); et per Abbott, C.↓. S. C., "The question intended to be submitted to us by the sessio is, whether a licensed auctioneer, conveying goods by a public waggon, from place to place, and selling them on commission, is the considered as a pedlar or trading person within the meaning of the 50 Geo. III. c. 41. By sect. 6, it is enacted, That there shall be paid annual duty of 41. by every hawker, pedlar, petty chapman, and every other trading person going from town to town, or to other men's houses, and travelling either on foot or with horses, or otherwise carrying to sel or exposing to sale, any goods. &c. ;' and a further duty of 41. in respec of every horse or other beast bearing or drawing burthen. Now, it pears to me that the appellant is a trading person within the meaning of this section. It has been urged that he is not a trader, but an ager selling the goods of others on commission. It is clear, however, tha agents were meant to be included within the act of Parliament; f sect. 23 contains an express exception of the particular agents mentioned. Now, that exception would be wholly unnecessary, if othe agents were not meant to be included within the act. The defenda in this case is convicted for having no license at all, and therefor think the mode of travelling wholly immaterial. It has been said, th the conviction cannot be supported in its present form, inasmuch as th ground of it is, that the defendant travelled with horses. If it had bee found as a fact in the case that the defendant had been convicted for want of a horse license, I should have thought that the conviction coni. not be supported; for the horses, in respect of which he is bound take out a license, are those bearing or drawing burthen, or, in oth words, carrying and drawing his goods. The defendant here was convicted for having no license at all, and I think, therefore, the wor 'horses' may be rejected. And, besides, in the way in which the pre sent question is brought before us, we cannot look at the form of the conviction, but merely at the case submitted to us by the sessions. The order of sessions must, therefore, be affirmed." therei So, a person travelling from town to town, and having packages of books, &c., weighing 1325 pounds, sent after him by the common stage waggon, and taking rooms at each town, and there selling such books, &c., by retail and by auction, is a trading person within 50 Geo. Ill. c. 41; (Dean v. King, 4 B. & Ald, 517); et per Abbott, C. J.-"I am |