Finance Act, 1930

Amendment of Hawkers Act, 1888.

12.—(1) So much of section 2 of the Hawkers Act, 1888, as defines the meaning of the word “hawker” in that Act is hereby repealed and in lieu thereof it is hereby enacted that the word “hawker” wherever it occurs in the said Act shall be construed as meaning and including the following persons and the said Act shall have effect accordingly, that is to say:—

(a) any person who travels either with a horse or other beast bearing or drawing burden or with a mechanically propelled vehicle and goes from place to place or to other men's houses carrying to sell or barter or exposing for sale or barter any goods, wares, or merchandise, or exposing samples or patterns of any goods, wares, or merchandise to be afterwards delivered, and

(b) any person who travels either with a horse or other beast bearing or drawing burden or with a mechanically propelled vehicle carrying with him any goods, wares, or merchandise (other than goods, wares, or merchandise carried for delivery to a purchaser in pursuance of a previous order) and sells or barters, or exposes for sale or barter any of such goods, wares, or merchandise at any other person's house, and

(c) any person who travels by any means of locomotion to any place in which he does not usually reside or carry on business and there sells or barters or exposes for sale or barter any goods, wares, or merchandise either in or from any vehicle or in or at any house, shop, room, booth, stall, or other place whatever hired or used by him for that purpose,

(2) Notwithstanding anything contained in the Hawkers Act, 1888, the duty to be paid on an excise licence issued under section 3 of the said Act to a person who is a hawker by virtue of paragraph (a) or paragraph (b) of sub-section (1) of this section and travels with a mechanically propelled vehicle or a person who is a hawker by virtue of paragraph (c) of the said sub-section shall be ten pounds, and no such person shall be deemed to be duly licensed under the said Act by reason only of his having taken out a licence under the said Act on which a less duty than ten pounds was paid.

(3) Sub-section (3) of section 3 of the Hawkers Act, 1888, is hereby repealed and in lieu thereof it is hereby enacted that it shall not be necessary for a licence to be taken out under the said Act by any of the following persons, that is to say:—

(a) by any person selling or seeking orders for goods, wares, or merchandise to or from persons who are dealers therein and who buy to sell again;

(b) by the real worker or maker of any goods, wares, or merchandise, and his children, apprentices and servants residing in the same house with him selling or seeking orders only for goods, wares, or merchandise made by such real worker or maker;

(c) by any person selling only farm produce (whether animal or vegetable) grown, raised, or produced on land occupied by such person or by the employer or master of such person or by the wife, husband, parent, child, or other relative of such person;

(d) by any person selling meat, fish, fruit, vegetables, bread, milk, coal, peat, or firewood and no other goods.

(4) Where a person commits an offence under sub-section (1) of section 6 of the Hawkers Act, 1888, and the act constituting the offence is of such character that the proper licence within the meaning of that sub-section is a licence in respect of which the excise duty is ten pounds, such person shall incur a fine of fifty pounds over and above any other penalty (other than the fine of ten pounds mentioned in the said sub-section) to which he may be liable.

(5) This section shall come into operation on the 1st day of August, 1930.