A

BILL

INTITULED

An Act to prevent unnecessary Trading on Sunday within the Metropolitan Police District and City of London and Liberties thereof.

W

HEREAS the Practice of Sunday Trading is carried on to Preamble. a great Extent within the Metropolitan Police District, and the City of London and Liberties thereof; and it is expedient that further Provision should be made for restraining and 5 preventing the same: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if any Prohibition of Sunday Person shall on Sunday, within the Metropolitan Police District, or Trading. 10 within the City of London or Liberties thereof, sell, vend, hawk, cry, or offer or expose for Sale, or cause to be sold, vended, hawked, cried, or offered or exposed for Sale, any Goods, Chattels, Effects, Matters, or Things whatsoever; or if any Dealer in Meat, Fish, Poultry, Game, or Wild Fowl shall on Sunday after the Hour of Nine of the Clock in 15 the Morning deliver or cause to be delivered any Meat, Fish, Poultry, Game, or Wild Fowl at the Residence of or at any other Place for the Purchaser thereof; every such Person, being convicted thereof before a Justice of the Peace, shall forfeit and pay the Sum of Five Shillings; 446. and

A

Exceptions.

Exempting

Publicans

and if any Person, having been so convicted, shall afterwards be
guilty of any of the Offences before mentioned, and shall be con-
victed thereof in like Manner, every such Offender shall for such
Second Offence forfeit and pay any Sum not exceeding Twenty
Shillings nor less than Five Shillings, as to such Justice shall seem 5
meet; and if any Person, having been so twice convicted, shall after-
wards be guilty of any of the Offences before mentioned, and shall
be thereof convicted in like Manner, every such Offender shall for
such subsequent Offence forfeit and pay any Sum not exceeding
Forty Shillings nor less than Twenty Shillings, as to such Justice 10
shall seem meet.

II. Provided always, and be it enacted, That the Provisions of this Act shall not extend or apply

To any Person selling or vending or offering or exposing for Sale,
or causing to be sold or vended or offered or exposed for Sale, 15
any Medicine, Drug, or other Article for Medicinal Purposes:
Nor to any Person selling, vending, hawking, crying, or offering or
exposing for Sale, or causing to be sold, vended, hawked, cried,
or offered or exposed for Sale, any Milk or Cream before the
Hour of Nine of the Clock in the Morning, or after the Hour of 20
One of the Clock in the Afternoon :

Nor to any Person selling or vending or offering or exposing for
Sale, or causing to be sold or vended or offered or exposed for
Sale, any Fruit or Pastry, or any cooked or prepared Victuals, or
any Beverage, not being Wine, Spirits, Beer, or other fermented 25
or distilled Liquors, or any Newspaper or other periodical Paper
stamped with the proper Newspaper Stamp, before the Hour of
Ten of the Clock in the Morning and after the Hour of One of
the Clock in the Afternoon :

Nor to any Person selling or vending or offering or exposing for Sale, 30
or causing to be sold or vended or offered or exposed for Sale,
Tobacco after the Hour of One of the Clock in the Afternoon :
Nor to any Person selling or vending or offering or exposing for
Sale, or causing to be sold or vended or offered or exposed for
Sale, for Human Food, any Meat, Poultry, or Fish before the 35
Hour of Nine of the Clock in the Morning from the Thirty-first
Day of May to the First Day of October in every Year:
Nor to any Person selling or vending or offering to sell or vend in
his Dwelling House to any Lodger, or to any Person in and on,
board of any Steam Vessel or other Vessel whatsoever, any 40
ready-dressed Provisions, Liquors, or Refreshments.

III. And be it enacted, That the Provisions herein-before contained from Opera- shall not extend or apply to any Licensed Victualler, or the Keeper

of

Act.

of any Inn, Tavern, Hotel, Public House, or other House licensed tion of the for the Sale of excisable, fermented, or distilled Liquors, exercising his ordinary Trade as such Licensed Victualler, or Keeper of such Inn, Tavern, Hotel, Public House, or other licensed House.

5 IV. And be it enacted, That if any Barber or Hairdresser shall, Prohibiting within the Metropolitan Police District, or the City of London or the Barbers from opening Liberties thereof, after the Hour of Ten of the Clock in the Morning Shops and on Sunday, open Shop, or do or exercise the Work of his ordinary exercising their Calling Calling, every such Person, being convicted thereof before a Justice after certain 10 of the Peace, shall for the First Offence forfeit and pay the Sum of Hours. Five Shillings; and if any such Person, having been so convicted, shall afterwards be guilty of the like Offence, and shall be thereof convicted in like Manner, every such Person shall for such Second Offence forfeit and pay any Sum not exceeding Ten Shillings nor 15 less than Five Shillings; and if any such Person, having been so twice convicted, shall afterwards be guilty of the like Offence, and shall be thereof convicted in like Manner, every such Offender shall for such last-mentioned or any subsequent Offence forfeit and pay any Sum not exceeding Twenty Shillings nor less than Ten Shillings: 20 Provided always, that any Barber or Hairdresser who shall be so convicted shall not be liable to any further Penalty under this Act for opening Shop or carrying on the Work of his ordinary Calling upon One and the same Day.

tive Penal

V. And be it enacted, That no Person who shall be convicted Provision as 25 for the first Time of having offended against any of the Provisions of to cumula this Act shall be liable to any Penalty under this Act for any ties. other Offence committed upon the same Day; and no Person shall for any Offences against this Act upon One and the same Day (for which cumulative Penalties may be awarded) be liable to Penalties under this 30 Act amounting in the whole to a larger Sum than Ten Pounds.

Servants

the Act.

VI. And be it enacted, That no Servant who shall act in violation Saving of this Act by or under the Authority or Direction of his Employer from the (the Proof whereof shall lie upon such Servant) shall be liable to any Operation of Penalty under the Act, but in every such Case the Person by or 35 under whose Authority or Direction such Servant shall so have acted shall be deemed to have himself offended against this Act, and be punishable accordingly.

Goods

VII. And be it enacted, That it shall and may be lawful to and Empowering for every Police Constable acting within the Metropolitan Police Seizure of 40 District, or City of London or Liberties thereof, without Warrant to hawked or seize all Goods, Chattels, Effects, Matters, and Things whatsoever exposed for 446.

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which

Sale.

Proof of previous Conviction.

which shall or may be hawked, cried, offered or exposed for Sale, in
any Market, Highway, public or other Place, or on any open. Ground
whatsoever apart from the Residence of the Person offending, contrary
to the Provisions of this Act, and to convey the same to the nearest
Police Station or other convenient Place, and there detain such Goods, 5
Chattels, Effects, Matters, or Things until Application shall be made
for the same, by or on behalf of the Owner thereof, to One of Her
Majesty's Justices of the Peace, and thereupon such Goods, Chattels,
Effects, Matters, or Things so seized shall be restored to such Owner
upon such Terms as to such Justice shall seem meet: Provided 10
always, that if such Owner shall be proved to the Satisfaction of
such Justice to have been before convicted of any Offence against
the Provisions of this Act, or in case such Owner shall make no
such Application for the Restoration to him of the Goods, Chattels,
Effects, Matters, or Things so seized and detained, before the Hour 15
of Twelve on either of the Three Days next following such Seizure,
it shall and may be lawful for such Justice to direct the same or any
Part thereof to be sold or disposed of as he shall think fit, and the
Proceeds thereof to be applied to the Purpose to which the Penalty
by this Act imposed for such hawking, crying, offering or exposing 20
for Sale would be applicable.

VIII. And be it enacted, That in all Cases in which it shall be necessary to prove any previous Conviction against any Person under this Act, a Certificate containing the Substance and Effect only (omitting the formal Part) of the Record of the Conviction of the 25 previous Offence, purporting to be signed by the proper Officer having the Custody of such Record of Conviction, or a Certificate of such previous Conviction purporting to be signed by the Person who shall have acted as Clerk to the Justice before whom such previous Conviction shall have taken place, shall, upon Proof 30 of the Identity of the Person of the Offender, be sufficient Evidence of the previous Conviction, without Proof of the Signature or official Character of the Person appearing to have signed the same; and if cate of pre- any Person whatsoever shall wilfully and knowingly utter a false Certificate of a Conviction for a previous Offence against this Act, or 35 if any Person other than such proper Officer or Person acting as such Clerk shall sign such Certificate as such proper Officer or Person acting as Clerk, every Person so offending shall be guilty of a Misdemeanor, and being convicted thereof shall be liable to Imprisonment, with or without hard Labour, for any Period not exceeding Two Years. 40

Uttering a

false Certifi

vious Con

viction a Misdemeanor.

Recovery of
Penalties.

IX. And be it enacted, That it shall and may be lawful for all Police Constables acting within the Metropolitan Police District, or the City of London and Liberties thereof, and they are hereby required, to enforce the Provisions of this Act; and

that

that all Penalties and Sums of Money imposed or ordered to be paid under the Authority of this Act shall, for Offences committed within the Metropolitan Police District, be adjudged to be paid to and shall be recoverable by the Receiver of the Metropolitan Police 5 District, and that all Penalties and Sums of Money imposed or ordered to be paid under the Authority of this Act shall, for Offences committed within the City of London, be adjudged to be paid to and shall be recoverable by the Chamberlain of the City of London, for the Use of the Lord Mayor, Commonalty, and Citizens of that City; 10 and in case any such Penalty or Sum of Money, together with such Costs as may be awarded, shall not be paid, then it shall be lawful for any Justice of the Peace acting within the Metropolitan Police District, or City of London or Liberties thereof, by Warrant under his Hand, to commit the Party making such Default to some 15 Common Gaol or House of Correction within his Jurisdiction, there to remain for any Time not exceeding Fourteen Days.

20

X. And be it enacted, That all Prosecutions for Offences punish- Limitation of able by this Act shall be commenced within Seven Days next after Proceedings. the Commission of the Offence and not afterwards.

XI. And be it enacted, That this Act shall take effect and come Commenceinto operation on the First Day of November next after the passing ment of Act. thereof.

XII. And be it enacted, That no Information, Conviction, or other Proceedings Proceeding had or taken under the Provisions of this Act shall be not to be quashed for 25 quashed or set aside or adjudged void or insufficient for Want of Informality. Form, or be removed by Certiorari into Her Majesty's Court of Queen's Bench.

XIII. And be it enacted, That in the Construction of this Act, Construction unless there be anything in the Context repugnant thereto, any Word of Act. 30 denoting the Singular Number or the Male Sex shall be taken to extend to and signify any Number of Persons or Things, and to both Sexes.

XIV. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed in the present Session of Parlia- amended, &c.

35 ment.