PEDLAR. This word is said by Dr. Johnson to be a contraction from petty dealer, formed into a new term by long and familiar use ; and a pedlar is defined by him to be " one who travels the coun try with small commodities." The same writer defines a hawker to be "one who sells his wares by proclaiming them in the street." The legal sense of hawker is an itinerant trader, who goes about from place to place, carrying with him and selling goods ; and a pedlar is only a hawker in small wares. In the various acts of parliament which impose duties upon them and regulate their dealings, they are always named in conjunction as hawkers and pedlars ; and no distinction is made between them.
It has been for more than a century the opinion in England that the conduct of trade by means of fixed establishments is more beneficial to the public than that of itinerant dealers ; and it cannot be denied that the local trader being better known and more dependent upon his character than one who continually travels from place to place, there is a greater security for the respectability of his deal ings. Accordingly statutes have been made from time to time, which require hawkers and pedlars to take out licences and to submit to specific regulations and restrictions, which are supposed to pro tect the resident trader as well as the public from unfair dealing. These rea sons, however, have been given subse quently to justify the laws; for the statutes which originally required li ce,Ices for hawkers and imposed these duties appear to have merely contem• plated a means of increasing the revenue; and that this was the object of the legis lature appears from the fact of pawn brokers and others having been also required to take out licences. (8 & 9 Wm. Ill. c. 25; and 9 & 10 Wm. ill. c. 27.) The provisions by which the licences to hawkers and pedlars are now regulated are contained in the statute 50 George III. o. 41. By that Act, the collection and management of the duties on hawkers and pedlars in England was given to the commissioners for licensing and regu lating hackney coaches • but this duty has since been transferred to the commis sioners of stamps by the 75th section of the statute 1 & 2 Wm. IV. c. 22. By
the provisions of the latter statute, " all the powers, provisions, regulations, and directions contained in the statute 50 George III. c. 41, or any other act re lating to the duties on hawkers and ped lars, are to be enforced by the commis sioners of stamps ; and all the powers, provisions, regulations, and directions, forfeitures, pains and penalties imposed by any acts relating to the management of duties on stamps, so far as the same are applicable to the duties on hawkers and pedlars, are declared to be in full force and effect, and are to be applied and put in execution for securing and collect ing the last-mentioned duties, and for preventing, detecting, and punishing all frauds, forgeries, and other offences re lating thereto, as fully as if they were repeated and specially enacted in the statute I & 2 Wm. I V. c. 22." The duty of granting licences to hawkers and pedlars and enforcing the law against such persons is now therefore intrusted to the commissioners of stamps ; the par ticular conditions and regulations under which such licences are to be granted are contained in the above-mentioned statute 50 George III. c. 41.
Before a licence is granted to a person desirous of trading and travelling as a hawker or pedlar, the applicant must produce to the commissioners of stamps a certificate, signed by the officiating clergyman and two householders within the parish in which he resides, attesting that he is of good character and a fit person to be licensed. Upon this certi ficate being given, the commissioners grant the licence, which is only in force for one year, and the party who receives it is subject to a duty of 41. per annum, and an additional duty of 41. per annum for each beast if he travels with a " horse, ass, mule, or other beast bear ing or drawing burthen ;" and these duties are to be paid at the time of receiving the licence. The duties have not been altered since 1789. All per sons who act as hawkers or pedlars with out such a licence are liable to a penalty of 50/.