3. Search for gunpowder.

Any justice of the peace, on demand made, and reasonable cause assigned upon oath, may issue his warrant for searching in the day time any house, mill, magazine, storehouse, warehouse, shop, cellar, yard, wharf or other place, or any carriage, ship, boat or vessel, in which such gunpowder is suspected to be made, kept or carried contrary to this act; and all gunpowder found on such search to be made, kept or carried contrary to this act, and also the barrels, shall be immediately seized by the searcher, who shall with all convenient speed remove the same to such proper place as he shall think fit; and in case of gunpowder seized in any carriage or vessel, may use, for the purpose of removal during the space of twentyfour hours after seizure, such carriage or vessel, with the tackling, beasts and accoutrements belonging thereto, (paying afterwards to the owner a sufficient recompense for the use thereof, to be settled by the justices before whom the complaint shall be heard), and may detain such gunpowder and barrels, until it shall be adjudged, on hearing before two such justices, whether the same shall be forfeited. Id. s. 23.

4. Prosecution for offences.

All penalties under this act, shall be recoverable before two justices, and be distributed half to the king, half to the informer. Id. s. 26.

The prosecution shall be commenced within fourteen days after the seizure of the gunpowder, or after the commission of the offence in cases where there shall be no seizure. Id. s. 27.

Where the penalty is pecuniary, it shall be levied by distress and sale; and for want of sufficient distress, the offender shall be committed to the house of correction, there to be imprisoned and kept to hard labour for not more than six months, nor less than three. Id. s. 26.

GYPSIES.

See-" Vagrant."

HACKNEY COACHES.

The regulations upon the subject of hackney coaches, &c., being confined to the metropolis and its vicinity by stat. 1 & 2 Vict. c. 79, and to the several provincial cities and towns throughout England by certain local acts upon the subject,

none of which relate to such carriages generally, it is not thought necessary to treat of the subject in this work; magistrates no doubt are furnished with the local acts upon the subject, in force within their respective districts.

HATS.

See "Manufactures."

HAWKERS AND PEDLARS.

1. Hawkers' licence.

2. How and in what articles they may trade, p. 465. 3. Trading without or contrary to licence, &c., p. 466. 4. Recovery of penalties, p. 469.

1. Hawkers' licence.

Duty payable.] 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," shall pay a duty of four pounds for each year; and every person so travelling with a horse, ass, or mule, or other beast bearing or drawing burthen, the sum of four pounds yearly for each beast he or she shall so travel with, over and above the said first-mentioned duty of four pounds. 50 G. 3, c. 41, s. 6.

The words here, "going from town to town," &c., override all the preceding words, and have reference as well to the "hawker, pedlar, petty chapman," as to " every other trading person and persons;" they form part of the description of all the persons here named, as liable to the duty; and therefore a conviction for hawking goods without a licence, merely describing the party as a hawker, pedlar or petty chapman, would be insufficient, if it did not also describe him as going from town to town, or to other mens' houses, &c., as in the act. R. v. Little, 1 Burr. 609. Sending goods to a town, and there taking rooms for the purpose of selling them or exposing them to sale, and selling them either by private sale or public auction, will render it necessary for the party to have a licence within the meaning of this act, whether the quantity sent be small or great, Dean v. King, 4 B. & A. 517, whether he accompany them or go by another conveyance, Id., whether he go from his place of residence to several other towns or to one

only, Att. Gen. v. Tongue, 12 Price, 51, or upon several occasions or upon one only, Att. Gen. v. Woolhouse, 1 Young & J. 463, whether he himself sell them, or (he being there) he employ another to do so, Id., or whether he sell them on his own account, or on commission as the agent or auctioneer for others. R. v. Turner, 4 B. & A. 510. But merely taking samples of an article to different persons, obtaining their orders, and then delivering to them the articles ordered, has been holden not to be within the act; it is not a "carrying to sell or exposing to sale," within the meaning of the above clause of the statute. R. v. M'Knight, 10 B. & C. 734.

This duty is now payable to the commissioners of stamps, and is deemed a stamp duty. 1 & 2 W. 4, c. 22, s. 75, and see s. 76.

Exceptions.] "Nothing herein contained shall extend or be construed to extend to hinder any person or persons from selling or exposing to sale any sorts of goods or merchandize in any public mart, market, or fair legally established within the kingdom of England, dominion of Wales, and town of Berwickupon-Tweed; but such person or persons may do therein as they lawfully might have done before the making of this act." 50 G. 3, c. 41, 8. 5.

Also, "nothing in this act shall extend to prohibit any person or persons from selling any printed papers licensed by authority;-or any fish, fruit, or victuals;-nor to hinder the real worker or workers, or maker or makers of any goods, wares, or manufactures of Great Britain, or his, her, or their children, apprentices, or known agents or servants, usually residing with such real workers or makers 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, glaziers, 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." Id. s. 23.

Barm or yeast, has been holden to be victuals, within the meaning of that word in this section. R. v. Hodgkinson, 10 B. & C. 74. Also the words here "worker" and "maker," comprehend, not only those who make the articles themselves, but those in whose manufactories they are made, by persons in their employment. R. v. Farraday, 1 B. & Ad. 275. A known agent or servant, to come within the section, must be such as usually resides with, and forms part of the family of, the master manufacturer of the goods sold; one residing with his own family, in a different house, has been holden not to come within the meaning of this clause. R. v. Mainwaring,

10 B. & C. 66. But although he do not come within this description, still if his master or one of his masters be present at the sale, and he sell merely under his directions and authority, it will then be the sale of the master; and if the master be the worker or maker of the goods, within the meaning of this section, the servant will not require a hawker's licence. R. v. Farraday, supra. The worker or maker, and his servant, &c., are privileged, however, by this section, only when they sell, &c., in a mart, market or fair, or in a city, borough, town corporate or market town. R. v. Websdell, 2 B. & C. 136.

Also by stat. 52 G. 3, c. 108, s. 1, wholesale traders in lace, or in woollen, linen, silk, cotton or mixed goods, or any of the goods, wares or manufactures of Great Britain, and selling the same by wholesale, shall not be deemed to be a hawker, pedlar or petty chapman, within the meaning of stat. 50 G. 3, c. 41. Id. s. 1. Nor shall stat. 50 G. 3, c. 41, extend to prevent persons from selling coals, by retail, in carts or on horses, mules or asses, or subject them to any duty. Id. s. 2.

Certificate to obtain licence.] Before any person shall receive any licence to trade or travel as aforesaid, he shall produce a certificate, signed by some one clergyman officiating within the parish, chapelry, or place wherein such person so applying for such licence has his usual residence, and also by two reputable inhabitants of the said parish, chapelry, or place, attesting that the person so applying is of good character and reputation, and is a fit person to be licensed to exercise the trade of a hawker, pedlar, and petty chapman. 50 G. 3, c. 41, s. 12.

And the certificate so to be produced, shall be in the form or to the effect following:-s. 13.

We A. B. the minister, and C. D. and E. F. being two householders, residing at — in the parish, chapelry, or otherwise, [as the case may be], of in the county of · do hereby certify, that G. H. hath been known to us for the space of years last past, and during all that time hath usually resided in the said parish, chapelry, or otherwise [as the case may be], of and is a person of good character and reputation, and is a fit person to be licensed to exercise the trade of hawker, pedlar, and petty chapman. Dated the day of

Licence to be taken out annually.] Every hawker, pedlar, and petty chapman, subject to the duties hereby imposed, shall annually take out a licence in the manner herein-after mentioned, which licence shall continue in force until the 1st day of August, next following the date thereof. Id. ss. 9 & 2.

2. How, and in what articles they may trade.

Their packages, &c., how marked.] Every person, to whom any such licence as aforesaid shall be granted under or by virtue of this Act, and who shall trade with or under colour of such licence, shall cause to be written, painted, or printed, in large legible roman capitals, upon the most conspicuous part of every pack, box, bag, trunk, case, cart, or waggon, or other vehicle or conveyance in which he or she shall carry his or her goods, wares, and merchandize, and of every room and shop in which he or she shall so trade, and likewise upon every handbill or advertisement which he or she shall give out, distribute, or publish, the words 'licensed hawker', together with the number, name, or other mark or marks of distinction so written or printed upon his or her licence as aforesaid; and that every such person in any respect making default herein, shall forfeit for every offence the sum of ten pounds." Id. s. 14.

on

Conviction:-that E. F. of, in the said county of

-at being then and there a person to whom was granted a licence to travel and trade as a hawker, pedlar, and petty chapman under and by virtue of the statute in such case made and provided, and who then and there did so trade with and under colour of such licence, did not cause to be written, painted, or printed upon a certain pack, in which he then and there carried his goods, wares and merchandize, the words "Licensed Hawker" [or as the case may be], but therein, then and there, and whilst he was so licensed as aforesaid, made default; against the form of the statute in such case made and provided. Whereupon the said E. F. &c., as in the form, post, p 470.

And if "any person, other than to whom such licence shall have been so granted as aforesaid, shall write, paint, or print, or cause to be written, 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 or shop in which he or she shall sell or expose to sale, or keep for sale, any goods, wares, or merchandize, the words "Licensed Hawker" or "Licensed Pedlar," or any other word or words to that effect, every person so offending herein, shall forfeit for each offence the sum of ten pounds." Id. s. 15.

on

at

Conviction:-that E. F., of not being then and there a person to whom was granted a licence to travel and trade as a hawker, pedlar, or petty chapman, under or by virtue of the statute in such case made and provided, did unlawfully cause to be painted on a certain pack of him the said E. F., for certain of his goods, wares, and merchandize, the words "Licensed Hawker;" against the form of the statute in such case made and provided. Whereupon the said E. F., &c.