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35 & 36 Vict. c. 93.
Notice of first Application for a Certificate.] A person inte to apply for the first time for a certificate under the act ist ceed as follows:(1.) Twenty-one days at least before the application he ist
notice by registered letter sent by post of his intent one of the overseers of the poor of the parish or pl which he intends to carry on business, and to the su tendent of police of the district, and in the notice he
set forth his name and address : (2.) Within twenty-eight days before the application he
cause a like notice to be affixed and maintained betwee o'clock in the morning and five o'clock in the afterno two consecutive Sundays, on the principal door, or on the doors, of the church or chapel of the parish or plac if there is none, then on some other public and conspien
place in the parish or place (sect. 42). Grounds of Refusal of Certificate.] An application for a cen cate is not to be refused, except on the following grounds or on them :(1.) That the applicant has failed to produce satisfactory evid
of good character: (2.) That the shop in which he intends to carry on the busi
of a pawnbroker, or any adjacent house or place of me occupied by him, is frequented by thieves or persons of
character : (3.) That he has not complied with the last preceding sect
(sect. 43). A right of appeal against a refusal to grant a certificate is gir by sect. 52 (see the conditions of appealing set out ante, Note 3 p. 653).
II. Other Matters. Compensation for Depreciation of Pledge.] If a person entit and offering to redeem a pledge shows to the satisfaction of a com of summary jurisdiction that the pledge has become or has be rendered of less value than it was at the time of the pawning there by or through the default, neglect, or wilful misbehaviour of pawnbroker, the court may, if it thinks fit, award a reasutab satisfaction to the owner of the pledge in respect of the damag and the amount awarded is to be deducted from the amount ja able to the pawnbroker, or is to be paid by the pawnbroker asta case requires) in such manner as the court directs (35 & 36 Vict c. 93, s. 28).
Search Warrant for Articles unlawfully pawned.] If the OF of any linen, or apparel, or unfinished goods or materials intruste to any person as aforesaid [as mentioned in sect. 35), and unlar
fully pawned with a pawnbroker, or the owner of any other article 35 & 36 Vict. unlawfully pawned with a pawnbroker (the last-mentioned owner having on oath satisfied the justice that his goods have been unlawfully obtained or taken from him), makes out on oath before a justice that there is good cause to suspect that a pawnbroker has taken in pawn the linen, apparel, goods, materials or article aforesaid without the privity or authority of the owner, and makes appear to the satisfaction of the justice probable grounds for such suspicion, the justice may issue his warrant for searching within the hours of business the shop of the pawnbroker.
If the pawnbroker, on request by a constable authorized by a warrant, refuses to open the shop and permit it to be searched, a constable may break it open within the hours of business, and search as he thinks fit therein for the linen, apparel, goods, materials or articles aforesaid, doing no wilful damage; and if any pawnbroker or other person opposes or hinders the search, he is to be guilty of an offence against the act.
If, on the search, any linen, apparel, goods, materials or articles aforesaid is or are found, and the property of the owner thereof is made out to the satisfaction of a court of summary jurisdiction, the court is to cause the same to be forthwith restored to the owner thereof (sect. 36). [For forms, see Oke's “ Formulist,” 6th ed. pp. 311-319.]
PEDLARS. Ву “The Pedlars Act, 1871,” 34 & 35 Vict. c. 96, which repealed 34 & 35 Vict. the Act of 1870, 33 & 34 Vict. c. 72, and came into operation on c. 96. the 1st January, 1872, no person is to act as a pedlar without the certificate from the chief officer of the police of the district in which such person resides, as in the act mentioned, under a penalty (sect. 4; see Offences 1, 2, Vol. I. p. 658); but this is not applicable to commercial travellers and others (sect. 23); 121 nor is the
121 Definition of "Pedlar” —To whom the Act does not extend.] By sect. 3 (inter alia), “the term pedlar' means any hawker, pedlar, petty chapman, tinker, caster of metals, mender of chairs, or other person who, without any horse or other beast bearing or drawing burden, travels and trades on foot and goes from town to town or to other men's houses, carrying to sell or exposing for sale any goods, wares, or merchandize, or proeuring orders for goods, wares, or merchandize immediately to be delivered, or selling or offering for sale his skill in handicraft.”
By sect. 23, "Nothing in this act shall render it necessary for a certifi-
goods, wares, or merchandize to or from persons who are dealers
books as agents authorized in writing by the publishers of such
any public mart, market, or fair legally established."
34 & 35 Vict. act to take away or diminish the powers of any local authority
(sect. 24). The following are its principal provisions :
Grant of Certificate by Chief Oficer of Police.] Sect. 5. “The following regulations shall be made with respect to the grant of pedlars' certificates :1. Subject as in this act mentioned, a pedlar's certificate shall be
granted to any person by the chief officer of police of the police district 122 in which the person applying for a certificate has, during one month previous to such application, resided, on such officer being satisfied that the applicant is above seventeen years of age, is a person of good character,
and in good faith intends to carry on the trade of a pedlar: 2. An application for a pedlar's certificate shall be in the form
specified in schedule two to this act, or as near thereto as
circumstances admit: 3. There shall be paid for a pedlar's certificate previously to the
delivery thereof to the applicant a fee of five shillings: 4. A pedlar's certificate shall be in the form specified in schedule
two to this act, or as near thereto as circumstances admit: 5. A pedlar's certificate shall remain in force for one year from
the date of the issue thereof, and no longer : 6. On the delivery up of the old certificate, or on sufficient evi
dence being produced to the satisfaction of the chief officer of police that the old certificate has been lost, that officer may, either at the expiration of the current year, or during the currency of any year, grant a new certificate in the same manner as upon a first application for a pedlar's certificate. In Great Britain one of her Majesty's principal secretaries of state .... may from time to time provide for the expiration
122 Definition of “ Police District” and “Chief Officer of Police."]-By sect. 3 (inter alia), “the term 'police district' means any of the districts mentioned in schedule one to this act, and the termchief officer of police' with reference to any police district means the officer mentioned in relation to that district in the said schedule, and such schedule with the notes thereto shall have effect as if it were enacted in this section." The purport of this schedule referred to is,—that the chief officer of police in the city of London, and the liberties thereof, exclusive of Southwark, is the commissioner of police of the city; in the metropolitan police district, the commissioner of police of the metropolis ; and in any county, any riding, parts, division, or liberty of a county, any borough, or town maintaining a separate police force, the chief constable or head constable, or other officer, by whatever name called, having the chief command of the police in the district ;-and by a note attached to the schedule
, "all the police under one chief constable shall be deemed to constitute one police force" for the the purposes of such schedule.
By sect. 22, “Any act or thing by this act authorized to be done by the chief officer of the police may be done by any police officer under his command authorized by him in that behalf, and the term 'chief officer of police' in this act includes, in relation to any such act or thing, the police officer so authorized.”
of all pedlars' certificates at the same period of each year, 34 & 35 Vict.
s. 31, Vol. I. p. 241.
of • The Markets and Fairs Clauses Act, 1847' [10 & 11 Vict. c. 14), and any act incorporating the same, a certificate under this act shall have the same effect, within the district for which it is granted, as a hawker's licence, and the term ' licensed hawker' in the first-mentioned act shall be construed to include a pedlar holding such a certificate.”
Extension of Certificate by Indorsement to other Districts than that for which it was granted.] Sect. 7. “Any pedlar who, having obtained a pedlar's certificate, desires to act as a pedlar in any other police district than that in which the certificate is taken out, may, while his certificate remains in force, apply to the chief officer of police of such other district to indorse his certificate, and such officer shall, if satisfied that the applicant is above seventeen years of age, is a person of good character, and in good faith intends to carry on the trade of a pedlar, and on payment by the pedlar of a fee not exceeding sixpence, indorse such certificate, and such indorsed certificate shall, while it continues in force, authorize the pedlar to act as a pedlar in such other district, and have in all respects the same effect as a certificate granted under this act by an officer of such district to a person resident therein would have. The indorsement shall be in the form specified in schedule two to this act, or as near thereto as circumstances admit."
Register of Certificates to be kept in each District.] Sect. 8. “There shall be kept in each police district a register of the certificates and of the indorsement of certificates granted and made in such district under this act, in such form and with such particulars as may from time to time be directed in Great Britain by one of her Majesty's principal secretaries of state.... The entries in such register, and any copy of any of such entries, certified by the chief officer of police to be a true copy, shall be evidence of the facts stated therein."
Forms of Application to be kept at Chief Police Office.] Sect. 9. "Forms of applications for certificates shall be kept at every police office in every police district, and shall be given gratis to any person applying for the same;—and all applications for certificates shall be 0.8. VOL. II.
34 & 35 Vict. delivered at the police office of the division or subdivision of the c. 96.
police district within which the applicant resides, and certificates, when duly signed by the chief officer of police, shall be issued at such office.”
Appeal to Justices against Refusal of Certificate by Chief Officer of Police.] Sect. 15. “If the chief officer of police refuses to grant or indorse a certificate, the applicant may appeal to a court of summary jurisdiction 123 having jurisdiction in the place where such grant or indorsement was refused, in accordance with the following provisions : 1. The applicant shall, within one week after the refusal, give to
the chief officer of police notice in writing of the appeal: 2. The appeal shall be heard at the sitting of the court which
happens next after the expiration of the said week, but the court may, on the application of either party, adjourn the
case: 3. The court shall hear and determine the matter of appeal, and
make such order thereon, with or without costs to either party,
as to the court seems just: 4. An appeal under this act to a court of summary jurisdiction in
England . . shall be deemed to be a matter on which that court has authority by law to make an order in pur
suance of the Summary Jurisdiction Acts . . .: 124 5. Any certificate, or indorsement of a certificate, granted or made
in pursuance of an order of the court, shall have the same effect as if it had been originally granted or made by the
chief officer of police.” Offences by or in respect to Pedlars.] In addition to the penalties for acting as a pedlar without a certificate (s. 4), he his not to assign or lend his certificate (s. 10), nor is any person to borrow it (s. 11), or to make any false representation with the view to obtain such a certificate, or forge a certificate or indorsement on it (s. 12); nor is a person exempt from the vagrant law, by reason only that he holds a certificate under the act, or assists or is accompanying a pedlar
123 Definition of “ Court of Summary Jurisdiction."] By sect. 3 (inter alia), “the term “court of summary jurisdiction' means and includes ans justice or justices of the peace, sheriff, or sheriff substitute, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any acts therein referred to, or to proceedings before whom the provisions of the Summary Jurisdiction Acts are or may be made applicable,” which by the same section means, “as to England, the 11 & 12 Vict. c. 43, and any acts amending the same.
See further as to the constitution of the court (s. 20), in Vol. I. pp. 658--660, Jite 350, tit. " Pedlars."
124 The order will apparently be that in K 3 to the 11 & 12 Vict. c. 43, referred to in Vol. I. p. 200, and the costs enforced by distress under sect. 24 of that act.