William III, 1697-8: An Act for licensing Hawkers and Pedlars for a further Provision of Interest for the Transport Debt for reduceing of Ireland. [Chapter XXVII. Rot. Parl. 9 Gul. III. p. 5. n. 3.]

Recital of 8 & 9 W.III.c.25. § 1

Hawkers, &c. to pay Two several Duties of £4 per Ann.

Whereas towards paying the Interest of the Transport Debt for reducing of Ireland an Act was made in the Session held in the Eighth and Ninth Years of His Majesties Reign intituled An Act for licensing Hawkers and Pedlars for a further Provision for Payment of the Interest of the Transport Debt for the reducing of Ireland by which several Impositions were laid upon several Hawkers Pedlars and Petty Chapmen therein mentioned which said Act and the Impositions therein were to have Continuance only to the Four and twentieth [DayM (fn. 2) ] of June One thousand six hundred ninety eight We Your Majesties dutiful and loyal Subjects the Commons in Parliament assembled being willing that a further Provision be made for the Interest of the said Transport Debt do humbly beseech Your Majesty that it may be enacted and be it enacted by the Kings most Excellent Majestie by and with the Advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That from and after the Four and twentieth Day of June One thousand six hundred ninety eight until the Four and twentieth Day of June which shall be in the Year of Our Lord One thousand seven hundred and one there shall be answered and paid to His Majesties His Heirs and Successors by every Hawkers Pedlars Petty Chapman or any other trading Person or Persons going from Town to Towne or to other Mens Houses and travelling either on Foot or with Horse Horses or otherwise within the Kingdom of England or Dominion of Wales or Town of Berwick upon Tweed (except as herein after is excepted) carrying to sell or exposeing to sale any Goods Wares or Merchandizes a Duty of Four Pound for each Year and that every Person so travelling with a Horse Ass or Mule or other Beast bearing or drawing Burthen shal pay the Sum of Four Pounds for each Year he or she shall so travell with over and above the said first mentioned Duty of Four Pounds.

II. Hawkers, &c. on receiving Licence, to pay one Moiety of the Duty, and give Bond for the other Moiety.

Allowance on prompt Payment; and thereupon Licence granted.

And be it enacted by the Authority aforesaid That every Pedlar Hawker Petty Chapman & other Trading Person or Persons so travelling as aforesaid upon receiving his or her Licence as is hereafter expressed shall pay or cause to be paid unto such Persons as the Lord Treasurer or Lords Commissioners of His Majesties Treasury for the time being or any Three of them shall nominate authorize and appoint to be Commissioners for licensing Hawkers Pedlars and Petty Chapman not exceeding Three or any Person or Persons authorized or deputed by them or the major part of them in Writing under their Hands and Seals one Moietie of the Duty by this Act payable for the same and give Security by Bond with one or more sufficient Sureties to be taken in His Majesties Name for the true Payment of the other Moietie of the said Duties at the end of Six Calendar Months unless the Party shal choose to pay down the other Moiety of the said Duty in which Case he or she shall be allowed after the Rate of Two Shillings in the Pound for prompt Payment of the same and thereupon a Licence shall be granted for him or her so to travel or trade by the said Commissioners to be appointed pursuant to ( (fn. 3) ) Act or any Two or more of them.

III. Hawker, &c. travelling without a Licence, Penalty £12.

Refusing to produce Licence to Justice, &c. Penalty £5.

And be it further enacted That if any such Hawker Pedlar or Petty Chapman from and after the said Four and twentieth of June One thousand six hundred ninety eight be found trading as aforesaid without or contrary to such Licence such Person shall for each and every such Offence forfeit the Sum of Twelve Pounds the one Moiety thereof to the Informer and the other Moiety to the Poor of the Parish wherein such Offender shall be discovered and that if any Person soe trading upon Demand made by any Justice of the Peace Mayor Constable or other Officer of the Peace of any Town Corporate or Burough where he or she shall so trade shall refuse to produce and shew unto such Justice of Peace Mayor Constable or other Officer of the Peace his or her Licence for so trading to be granted as aforesaid that then the Person so refuseing shall forfeit Five Pounds to be paid to the Church-wardens of the Parish where such demand shall be made to the use of the Poor of the same and for Non-payment thereof shall suffer as a Common Vagrant and be committed to the House of Correction.

IV. Two Commissioners may grant Licence.

Fee; Commissioners to keep distinct Account of Duties, and pay into Exchequer weekly; Penalty; Application of Money paid in.

And be it enacted by the Authority aforesaid That it shall and may be lawful for the said Commissioners to be appointed pursuant to this Act or any Two or more of them and they are hereby directed appointed and required upon the Terms aforesaid and upon the Receipt and Security given as aforesaid to grant a Licence to be by them subscribed to every Hawker Pedlar Petty Chapman or any other Trading Person for him or her self [or for him or her selfe (fn. 1) ] with One or more Horses Asses or Mules or other Beast which he or she shall travel with as the Case shall require for which Licence there shall be taken only Shilling unless such Hawker Pedlar or Petty Chapman shall travel with Horse Ass or Mule or other Beast of Burthen and in that Case there shall be paid for such Licence only. Two Shillings over and above the Duties aforesaid and no more And that, the said Co[m]missioners to be appointed pursuant to this Act shall keep a seperate and distinct Account of the Duties granted by this Act and pay the Money ariseing thereby into His Majesties Exchequer upon Wednesday in every Week (unless a Holy day) and if it be a Holiday then on the Day next after that is not a Holiday and upon Neglect or Refusall of the same shall incur the Penalties Forfeitures Damages and Costs as other the Officers of the Exchequer herein after mentioned shall be liable unto which Money so paid in shall be applied to the Uses herein after mentioned by this Act that is to say to pay Interest for the said Transport Debt after the Rate of Five Pounds per Centum for one whole Year and so proportionable for any greater or lesser Sum.

V. Forging, &c. Licence.

Penalty £50 and other Punishment.

And be it enacted further by the Authority aforesaid That if any Person or Persons whatsoever shall forge or counterfeit any Licence or Licences or travel with such forged or counterfeited Licences for the Purposes aforesaid such Person shall forfeit the Sum of Fifty Pounds One Moiety thereof to the King the other Moiety to him that shall prosecute or sue for the same to be recovered by Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster in which no Essoign Protection Wager of Law or more than one Imparlance shall be allowed and shall be subject to such other Pains and Penalties as may be inflicted on Persons for Forgery.

VI. In Actions for executing Act,

General Issue may be pleaded; Treble Costs.

And be it further enacted by the Authority aforesaid That if any Person or Persons shall be sued molested or troubled for putting in Execution any the Powers contained in this Act or for doing any Matter or Thing pursuant thereunto such Person or Persons shall and may plead the General Issue not Guilty and give the Special Matter in Evidence and if the Plaintiffe or Plaintiffs shall be nonsuited or Judgment given against him or them upon Demurrer or a Virdict pass for the Defendant such Defendant shall have his or their Treble Costs to be recovered in such Manner as where by Law Costs are given to Defendants.

VII. Constable, &c. upon Notice, &c. neglecting or refusing to assist in executing Act,

Penalty 40s.

And be it further enacted by the Authority aforesaid That if any Constable Headborough or other Officer or Officers aforesaid shall refuse or neglect upon due Notice or on their own View to be aiding and assisting in the Execution of this Act being thereunto required and each and every such Officer or Officers being thereof convicted by the Oath of One or more credible Witness or Witnesses before any Justice of the Peace for the County or Place where such Offence shall be co[m]mitted shall forfeit for each and every such Offence contrary to this Act the Su[m]m of Forty Shillings to be levyed by Distress and Sale of the Offenders Goods by Warrant under the Hand and Seal of such Justice of the Peace the one Moiety to the Poor of the Parish where such Offence shal be co[m]mitted the other Moiety to the Informer who shal prosecute for the same rendring the Overplus thereof to the Owner if any be.

VIII. Any Person may seize and detain Hawker, &c. until he produce Licence.

Notice to be given to Constable, &c. who is to carry the Person seized before a Justice, &c; who, on Conviction or Confession, may levy, the said Penalty of £12.

And it is further enacted by the Authority aforesaid That it shal and may be lawful for any Person, or Persons whatsoever to seize and detein any such Hawker Pedlar Petty Chapman or other Trading Person or Persons as aforesaid till such Time as he she or they shal produce a Licence in that Behalf if he she or they [have (fn. 4) ] any or if he she or they [shall (fn. 4) ] be found trading without a Licence contrary to this Act for such reasonable Time as he she or they may give Notice to the Constable Headborough Tythingmen Churchwardens Overseers of the Poor or some other Parish Officer or Officers who are hereby required to carry such Person [or Persons (fn. 5) ] so seized before some of His Majesties Justices of the Peace of the County or Place where such Offence or Offences shal be co[m]mitted which said Justice of the Peace is hereby authorized and strictly required either upon Confession of the Partie offending or due Proof by Witness upon Oath (which he is hereby impowred to administer) that the Person so brought before him had so traded as aforesaid and that no such Licence shal be produced by such Offender before the said Justice by Warrant under his Hand and Seal to cause the said Sum of Twelve Pounds to be forthwith levyed by Distress and Sale of the Offender or Offenders Goods Wares or Merchandizes rendreing the Overplus if any be to the Owner or Owners thereof after true Deduction of the reasonable Charge for takeing the said Distress and out of the said Sale to pay the said respective Penalties and Forfeitures aforesaid.

IX. Proviso for Persons selling Acts of Parliament, Forms of Prayer, and other Articles herein mentioned; and for Tinkers and other Persons herein mentioned.

Provided alwaies and be it enacted That this Act or any Thing herein conteined shal not extend to prohibit any Person from selling of any Acts of Parliament Forms of Prayer Proclamations Gazetts Licensed Almanacks or other printed Papers licenced by Authority or any Fish Fruits or Victuals nor to hinder any Person or Persons who are the real Workers or Makers of any Goods or Wares within the Kingdome of England Dominion of Wales and Town of Berwick upon Tweed or his her or their Children Apprentices Agents or Servants to such real Worker or Makers of such Goods or Wares only from carrying abroad exposeing to Sale or selling any of the said Goods and Wares, of his her or their own making in any Publick Mart Fairs Markets or elsewhere nor any Tinkers Coopers Glaziers Plummers Harness menders or other Persons usually trading in mending Kettles Tubbs Houshold Goods or Harness whatsoever from goeing about and carrying with him or them proper Materials for mending the same.

X. Book to be kept in the Exchequer for Entry of Duties, and kept distinct.

Provided also and it is further enacted by the Authority aforesaid That there shal be provided and kept in His Majesties Exchequer (that is to say) in the Office of the Auditor of Receipts one Book or Regester in which all Moneys that shall be paid into the Exchequer by vertue of this Act shall be entred registred and kept apart and distinct from all other Moneys paid or payable to His Majestie or upon any other Branch of His Majesties Revenue or upon any other Account whatsoever.

XI. Officer of the Exchequer misapplying Monies,

Forfeiture of Office, Incapacity, and Penalty; Orders and Warrants for issuing Monies.

Provided and it is further enacted by the Authority aforesaid That if any Officer in the Exchequer shal divert or misapply any of the Moneys that shal be paid into the Exchequer by vertue of this Act to any other Uses or Purposes, than are hereby directed then such Officer so offending shal forfeit his Office in the Exchequer and be incapable of any Office or Place of Trust and shal be liable to pay the Treble Value of any Sum or Sums of Money so diverted or misapplyed to any of the Persons thereby grieved their respective Executors Administrators or Assignes who will sue for the same by [any (fn. 6) ] Action of Debt Bill Plaint or Information in any of His Majesties Courts of Record at Westminster wherein no Essoign Protection Wager of Law Priviledg of Parliament or other Priviledge or more than One Imparlance shal be granted or allowed And all Orders and Warrants for issueing paying or disposeing any of the Moneys to be raised by virtue of this Act contrary to the true Intent and Meaning thereof shall be utterly void to all Intents and Purposes whatsoever.

XII. Proviso for Persons selling Goods, &c. in Fairs, &c.

Provided always and it is hereby further enacted That nothing herein contained shall extend or be construed to extend to hinder any Person or Persons from selling or exposeing to sale any sorts of Goods or Merchandizes in any publick Mart Market or Fair within the Kingdom of England Dominion of Wales and Town of Berwick upon Tweed but that such Person or Persons may do therein as [they (fn. 7) ] lawfully might have done before the making. of this Act Any thing herein contained to the contrary notwithstanding.

XIII. Surplus of Duties granted towards Payment of Interest of Transport Debt by former Acts and this Act to remain in the Exchequer.

And be it further enacted by the Authority aforesaid That in Case it shal so happen that the several additional Dutyes and Impositions granted to His Majesty by several Acts of Parliament towards Payment of Interest of the said Transport Debt together with the Duties to be raised by virtue of this Act shal amount to more than what may prove sufficient for Payment of Interest at Five Pounds per Cent[um] for the said Transport Debt according to the several Debentures made and to be made out that than and in such Case such Surplus ariseing by the said Duties more than sufficient for Payment of the Interest shal remaine in the Exchequer and not be disposed of otherwise than by an Act of Parliament expressly made in that behalf.

XIV. Treasury out of Monies to pay Salaries to Commissioners, &c.

Provided always and it shal and may be lawful for the Commissioners of His Majesties Treasury or the Lord High Treasurer for the time being out of the Moneys raised by this or the said recited Acts to pay to the said Commissioners to be appointed pursuant to this Act their Clerks or any other Persons such Sums of Money as they or any of them shal or may reasonably deserve for their Service or shal or may have expended in [the (fn. 8) ] Execution of or in Relation to this or the said recited Acts.

XV. Act not to enable Hawkers, &c. to sell in Cities otherwise than heretofore.

Provided always and be it further enacted by the Authority aforesaid That this Act or any thing contained therein shal not extend or be construed to extend to give any Power for the licensing of any Hawker Pedlar or Petty Chapman to sell or expose to sale any Wares or Merchandizes in any City Burough Town Corporate or Market Town within this Realm any otherwise than might have been done before the making of this Act Any thing therein contained to the contrary notwithstanding.