clearly of opinion, upon the facts of this case, that the defendant was a rading person, travelling from town to town, within the meaning of his act of Parliament. The argument urged on the part of the defenlant, arising out of the extent of his dealings, would go to shew, that when the inconvenience to the resident tradesman is the greatest, no offence would be committed."

It seems also, that if a person travel from town to town with goods, and in each town employ an auctioneer resident therein to sell them for him, the person so travelling from town to town is a trading person within the meaning of the act. (Attorney-General v. Tongue, E. T. 1823; 12 Price, 51).

Where the defendant was a servant to a tea-dealer in the county of Worcester, who had been sent about the country by his master, shewing samples and collecting orders, and afterwards carrying the parcels aut for delivery, according to the orders.-The question was, whether this was hawking and pedling, so as to require a license under the act. The court was of opinion that the act applied only to those who carried a'out the goods to be sold and delivered immediately, and not to those who carried about the goods for delivery pursuant to previous order and contract, otherwise a license would be necessary to legalize the transactions of travellers for London houses. The act was not a carrying to sell, or exposing to sale within the statute. (R. v. Knight, 10 B. & Cres. 734).

Going from town to town, &c., and travelling either on foot or with horse, horses, or otherwise.]-These words form part of the description of all the persons previously named in the section, and therefore a conviction for hawking goods without a license, merely describing the party sa hawker, would be insufficient if it did not also describe him as going from town to town, or to other men's houses, &c., as in the act. (R. v. Little, 1 Burr. 609). In the case of the Attorney-General v. Woolhouse, (1 Y. & J. 463), where a cabinet-maker, residing at Leicester, and having a shop there, sent goods to Ashby de la Zouch in a cart, which he companied on foot part of the way, and then went to Ashby de la Zach by the mail, where he employed an auctioneer, and sold the goods by auction, it was held that he was a person travelling from town to town, within the act. It seems at one time to have been supposed, that, in order to subject himself to the penalties of the act, the defendant must have travelled with the goods he had to sell, but it is now settled that the mode of travelling is wholly immaterial. (Supra).

2. Certificate to obtain license.

II. Certificate to obtain License.

By 50 Geo. III. c. 41, s. 12, " Before any person or persons shall receive any license to trade or travel as aforesaid, every such person or persons shall produce to the commissioner or commissioners for licensing and regulating hackney coaches, or their deputy or deputies appointed for licensing hawkers, pedlars, petty chapmen, and other trading persons as aforesaid, a certificate, signed by some one clergyman officiating within the parish, chapelry, or place, wherein such person so applying for such license has his usual residence, and also by two reputable inhabitants of the said parish, chapelry, or place, attesting that the person applying is of good character and reputation, and is a fit person to he licensed to exercise the trade of a hawker, pedlar, and petty chap

Lan."

Sect. 13. "The certificate, so to be produced as aforesaid, shall be in the form, or to the effect following :

at

Hawkers before

licensed to produce racter.

certificate of cha

-, in the cate.

We, A. B. the minister, and C. D. and E. F. being two householders residing Form of certifiin the parish, chapelry, or otherwise, [as the case may be], of I Ï

VOL. III.

4. Exemptions county of, do hereby certify, That G. H. hath been known to us for the space of from taking · years last past, and during all that time hath usually resided in the said parish, out license. chapelry, or otherwise, [as the case may be ], of, and is a person of good charaster and reputation, and is a fit person to be licensed to exercise the trade of a hawker, pedlar, and petty chapman. Dated the -of-.

Packages of hawk. er to have the words "Licensed hawker," &c.

Penalty 102.

Persons not licensed using such words.

Penalty 107.

A. B. Minister.

III. Packages, &c., to be marked.

By s. 14, "Every person to whom any such license as aforesaid shal be granted under or by virtue of this act, and who shall trade with under colour of such license, shall cause to be written, painted, printed, in large legible Roman capitals, upon the most conspicaces part of every pack, box, bag, trunk, case, cart, or waggon, or other hicle or conveyance in which he or she shall carry his or her goes wares, and merchandize, and of every room and shop in which he or shall so trade, and likewise upon every hand-bill or advertisement whet he or she shall give out, distribute, or publish, the words 'lices. hawker,' together with the number, name, or other mark or may of distinction so written or printed upon his or her license as afores and that every such person in any respect making default herein, sha forfeit, for every offence, the sum of 107."

Sect. 15. "If at any time from and after the said 1st day of August, [1810], any person, other than to whom such license shall have be an granted as aforesaid, shall write, paint, or print, or cause to be re painted, or printed, or kept, or continue written, painted, or printed, upon any pack, bag, box, trunk, case, cart, waggon, or other vehicle or conveyance, for any goods, wares, or merchandize, or in any room of shop in which he or she shall sell or expose to sale, or keep for sale, ar goods, wares, or merchandize, the words licensed hawker, or, licet « pedlar,' or any other word or words to that effect; every person offent therein shall forfeit for each offence the sum of 107.”

Goods may be exposed to sale in public markets.

Proviso for sale of certain goods, &c.

Makers, &c., of goods, &c.

IV. Exemptions from taking out License.

By 50 Geo. III. c. 41, s. 5, "Nothing herein contained shall exter or be construed to extend to hinder any person or persons from sell or exposing to sale, any sorts of goods or merchandize, in any pu mart, market, or fair, legally established within the kingdom of E land, dominion of Wales, and town of Berwick-upon-Tweed, but st person or persons may do therein as they lawfully might have done e fore the making of this act; any thing herein contained to the contrary notwithstanding."

It was formerly supposed, that, under the above proviso, or a simila one contained in the 29 Geo. III. c. 26, s. 17, hawkers might have expe their goods to sale on market days, in any part of a market town, as the might have done before the passing of any of the hawkers' acts. But R. v. Redfearne, (4 T. R. 273), it was decided that no hawker could ex pose goods to sale in any part of a market town, but the public marke place. (See 1 Law Mag. 341).

Sect. 23 enacts, "That nothing in this act shall extend to prohib any person or persons from selling any printed papers licensed by auth rity, or any fish, fruit, or victuals, nor to hinder the real worker of workers, or maker or makers of any goods, wares, or manufactures Great Britain, or his, her, or their children, apprentices, agents or servants, usually residing with such real workers or makers

or known

only, from carrying abroad or exposing to sale, and selling by retail or otherwise, any of the said goods, wares, or manufactures, of his, her, or their own making, in any mart, market, or fair, and in every city, borough, town corporate, and market town, nor any tinkers, coopers, laziers, plumbers, harness-menders, or other persons usually trading in mending kettles, tubs, household goods, or harness whatsoever, from going about and carrying with him or them proper materials for mending the same."

4. Exemptions from taking out license. Particular trades.

tures.

The manufactures of Scotland may be vended in England by whole- Foreign manufacsale, without a hawker's license. (Maxwell v. Mayor, 3 Burr. 1314; 1 Bla. Rep. 271, S. C).

Victuals.]-Barm or yeast is victuals within this exempting clause. Victuals. (R. v. Hodgkinson, 10 B. & C. 74, et per Lord Tenterden, C. J.—“I think that the word victuals in the act comprises every thing which constitutes an ingredient in the food of man, and all articles which, mixed with others, constitute food. Yeast or barm may not perhaps be necessarily used in the making of bread, but it generally is used, and I therefore am of opinion that it is within the exempting clause."

Workers or makers of goods.]—A person buying books in sheets and Workers or makmaking them up, and then going from London into the country and sell- ers of goods. ing them, is within the act, and is not exempted from penalties as the maker of the goods. (Moore v. Edwards, 2 Chit. Rep. 213). Clarke moved to set aside a verdict obtained for the plaintiff in a qui tam action for penalties on the Hawkers' and Pedlars' Act. The defendant bought books in sheets, and made them up, and carried them from London into he country, and sold them at places where he did not reside; and it vas contended that he was a maker of the goods within the exception n the Hawkers' and Pedlars' Act. Abbott, C.J.-"This case comes vithin the act of Parliament. A person going from London into the untry is within the term 'travelling,' and the defendant is not within he exception, as a maker of the commodity." Rule refused.

It has also been decided at Nisi Prius, that this exemption as to the makers of goods, extends beyond mere handicraftsmen, and that it comrehends within it wholesale tradesmen vending their own manufactured goods by means of their known servants or agents usually residing with them. (R. v. Thomas, Lancaster Sum. Ass. 1827; cor. Hullock, B., 1 Law Mag.342). And this decision has since been confirmed by the case of R. v. Farrady, (1 B. & Adol. 275, infra), in which it was decided, that anufacturers on a large scale employing workmen on premises where They do not reside, and doing no manual labour themselves, are makers within the exemption.

In any mart, &c., city, &c., and market.]—A manufacturer is, by the above 23rd section, allowed to hawk the manufactured goods in those aces only which are mentioned in it. (R. v. Websdell, 2 B. & C. 136; D. & R. 360, S. C., post, 489, 490). In that case the defendant had been victed for hawking shoes at Cromer, without a license. On appeal to e quarter sessions, it was proved, on behalf of the appellant, that he was & shoemaker, and that he was the real worker and maker of the shoes hich he had exposed to sale; but, as it appeared from the evidence at Cromer was not a mart, &c., nor a city, borough, &c., the sessions were of opinion that the conviction was good, and the Court of King's Lench thought that they had decided right.

Selling, &c., in any mart, city, or

market.

residing with

Agents or sercants usually residing with such real worker, &c.]-The Agents or servants privilege extended by the 23rd section to sales by the children, appren- maker. es, or known agents, or servants, usually residing with such real rker or maker, applies to such agents or servants only as reside in the the house with the makers of the goods, as part of his family. (R. v.

5. Licensed hawkers may set up any trade.

No wholesale trad

er deemed hawker, servants be liable

nor shall he or his

to penalties for going from house to house, selling

only.

Mainwaring, 10 B. & C. 66, et per Lord Tenterden, C. J., S. C.—“ The 23rd section exempts from the operation of the act the real worker or maker of any goods, or his or their children, apprentices, or known agents or servants usually residing with such real workers." The word residing may undoubtedly vary in its import, according to the subject to which it is applied. The sense of that word, however, is explaine in this section, by the words with which it is accompanied. The wore children or apprentices' apply to persons residing with their paren or masters, as part of their family, in the same house. That being s I think we ought to understand the other words agents or servants to apply to such agents and servants as reside in the same house with their employers, as members of their family. Here the defendant was not a member of the maker's or manufacturer's family; he had a separat dwelling of his own. If we were to hold that the words imported on y a residence in the same town, the consequence would be, that the exen tion would apply to a case where a manufacturer and his agent liv on the western side of Temple Bar, but not to a case where one them lived on the western and the other on the eastern side of Temp Bar."

In the case of R. v. Faraday, (1 B. & Adol. 275), where the serv of manufacturers on a large scale not residing with them, travelled w goods of the manufactory to a town, where he sold them in a p!': room, having advertised the goods as those of his employers, to be posed of by him according to their instructions, and one of the proprætors was present, gave directions, noted the purchases, and rece res money, but no one was informed who he was; it was held that the seller, though not licensed, was exempt from any penalty, the sale being s stantially a sale by the master.

By stat. 52 Geo. III. c. 108, s. 1, “No person, being a wholesale trader in lace, in woollen, linen, silk, cotton, or mixed goods, or any of the goods, wares, or manufactures of Great Britain, and selling the same wholesale, shall be deemed or taken to be a hawker, pedlar, or peti chapman, within the intent and meaning of the [stat. 50 Geo. III. c. goods by wholesale or any other act relative to hawkers, pedlars, or petty chapmen, or f any or either of them; and that all and every such person and persors his, her, or their apprentices, servants, or agents, selling by wholes only, shall go from house to house, and from shop to shop, to any of their customers who sell again by wholesale or retail, without bei subject or liable to any of the penalties or forfeitures contained in th said recited act, or in any of the said acts touching hawkers, pedlas and petty chapmen; any thing in any of the said acts contained to the contrary notwithstanding."

Carrying about

Sect. 2 enacts, "That nothing in the said [stat. 50 Geo. III. c. £) coals in carts, &c. contained, shall extend to prohibit any person or persons from carry. about coals in carts, or on horses, mules, and asses, and selling the sar by retail, or subject any such person or persons to any duty, penalty, forfeiture imposed by the said recited act.”

Hawkers duly li

Irade in place of residence.

V. Licensed Hawkers may set up any Trade.

By 50 Geo. III. c. 41, s. 22, "It shall be lawful for any person

or

ensed may set up persons who, on the 1st day of May, was or were duly licensed to trade as hawkers and pedlars, to set up, occupy, use, or exercise any craft, mystery, or occupation, used or occupied within this realm, in any place where they shall be resident inhabitants, although they shall not have been brought up in such craft, mystery, or occupation, seven years?

auction.

apprentices (a); and also to set any person to work in such craft, mys- 7. Selling by tery, or occupation, although such person shall not have been apprentice therein as aforesaid, any penalty, matter, or thing contained in [5 Eliz. c. 4], to the contrary notwithstanding; and that if any such person or their wives or children shall be prosecuted for using or exercising any such craft, mystery, or occupation, in any city, town, or place, and

shall make it appear that they had such license as aforesaid, they shall, General issue. upon the general issue pleaded, be found not guilty, in any action, bill, plaint, information, or indictment for such cause exhibited against him, and in all cases where costs are allowed, such persons so acquitted shall

be entitled to and shall receive double costs; and that no such persons, Double costs. their wives, or children, during the time they shall use and exercise such craft, mystery, or occupation, in any parish or place, shall be removeable therefrom to his, her, or their last legal place of settlement, until such person or persons shall become actually chargeable to such parish or place, any law not (b) in being, relative to the settlement of the poor, Sie. to the contrary thereof notwithstanding." By 35 Geo. III. c. 101, no person can be removed until "actually chargeable."

The hawkers' license does not give the privilege of selling goods in a borough where, by a bye-law made pursuant to charter and ancient custom, strangers are not permitted to trade. (Simson v. Moss, 2 B. & Adol. 543).

The provision as to double costs is repealed by the 5 & 6 Vict. c. 97, 5. 2; and instead of double costs, the defendant will be entitled to a full indemnity against them.

VI. What Goods Hawkers, &c. prohibited Hawking.

deal in smuggled

goods.

By 50 Geo. III. c. 41, s. 16, "If any hawker, pedlar, petty chapman, Hawkers not to or other trading person as aforesaid, shall, from and after the said 1st day of August, be convicted of knowingly dealing in, vending, or selling any kind of smuggled, contraband, or prohibited goods, wares, or merchan dize, 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 or her license, and for ever thereafter be incapable of obtaining or holding any new license, 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."

See also, tit. "Excise," Vol. II., under which it will be found, that hakwers and pedlars are prohibited from dealing in particular articles, and amongst others, in spirits, tobacco, snuff, &c.

VII. Selling by Auction.

By 50 Geo. III. c. 41, s. 7, "From and after the said 1st day of August [1810], it shall not be lawful for any hawker, pedlar, petty chapman, or any other trading person or persons going from town to

Hawkers (not being by auction.

ing residents) sell