Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-04-08
caws of Il. 1slon0.
STATE OF RHODE ISLAND AND
PROVIDENCE PLANTATIONS.


In General .issemby. January Session, a ID.
l847.
AN ACT in amendment Of an act TO prevent
Hawking and p, ddng without Lice sc.
II Is tnacitd by The General Assembiy, as fol
II iOUS:
Sec. |. Every petty chapman, iobber, ira.
der or other person, not an inha6llant OF, ana
not assessed for taxes IN the town III which
he shall establish himself or herself, for trans-
acting the business hereinafter mentioned,
who, either Oh his or her account, or as lhe
attorney, AGENT ,or factor OF Others, shall take,
rent or occupy any shop, tenement, or resi-
dcnce, or any portion of any building, either
public or private, in any town ofthis > ate, "r
,hall cause The same 10 be taken, rented or
occupied for the purpose OF selling, or expos
lny 10 sale, anv goods, wares aud merchan'
dize OF any description wlalever, Tor less
term than six months, and shall proceed 10
expose la sale, and 10 sell, such goods wares
and merchandise, except as Is provided III
the second section oi this act, under license
~ is therein directed, shall forfeit. for every
offncc, u SUN not exceeding one hundred
dollars, nor less than fifty dollars to be re
covered bv AN action of debt before the Court
Of Common Pleas in the county where the
offence shall be committed f; one half thereof
to and for the use of the town suing for the
same, and one half to and for the use OF the
State.
Sec. g Every such person described III
The next preceding section OF tins act, VINO
shall IN any town Of this state, either OIL his
or her account, or as the attorney, or agent,
or factor OF others, take, rent or occupy, or
cause to be taken, rented or occupied any
shop, tenement or residence, or any portion
Of any building, either public or private tor
less term than six months, for the purpose OF
selling or exposing to sale any goods, wares
and merchandise, shall, previous to selling or
exposing TO sale such goods, wares and 'ner-
chandlze. file his application with the town
council of the said town, praying that IT,
cense may be granted such person or persons
for The purpose aforesaid, which It shall be
the duty Of the said town council IN their
discretion to grant the sac applicant hrsl
praying for license for term less than SIX
months, for each shop, tenement or resi-
dence, or portion Of any building either pub
| lie or private, so taken, rented or occupied,
not less than fifteen, nor more than one nun
dred dollars, at the discretion OF the SAID town
council one half TO and tor the use OF the
State, and one huff to and for the use OF the
town in which said license may be granted.
Sec. 3. Whenever complaint shal! be made
10 any justice Of the peace within his town,
that any person is selling or exposing to sale
any goods wares and merchandise contrary
to Ihe pre- cdlng section, such Jnstice shall
examine the complainant under oath, reduce
his complain, to writing, and cause The same
to be by hlm signed. u the complainant
shall then enter into a recognlznnce IN such
sum not exceeding five hundred dollars and
with such surety as the justice shall direct
and approve. conditioned to prosecute such
complaint TO final Judgment with effect or IN
default thereof to pay the costs that may &C.
crue thereon, such justice shull issue his war
ran, TO seize such goods, wares aud merclan'
drze so offered for sale, and to summon such
person to appear before him aud show cause
why all such property shall not be adJudgcd
forfeited; and it upon trial II shall appear
that such complaint Is true. then, all such
property so seized. shall DO forfeited; one
halt thereof, after payment of the costs, To
and f,r the use Of the complainant, and the
other half TO and for the use Of the State.
Sec. 1t shall be the duty of any town
or city treasurer on notice being given him,
that any person described IN the first section
| Dl thlS net sNaIl nave takcn, fchtcu OF oCC"'
pied any shop, tenement or residence, or
any portion of any building public or private,
and shall have procecded 10 sell or expose
to sale any goods, wares and merchandise as
aforesaid. without having first taken out the
license required by the second section OF
this act, to cause proceedings TO be Instituted
IN The proper court to recover the penalty IN
said first section named, and to prosecute the
same to judgement as soon as may be.
Sec. 5. Every llawker and Pedlar Of any
goods, wares aud merchandise under the act
of which The present act ~ in amendment,
shall in each year, on taking ont his license
~ by law required, cause the number and
date Of his license aud his own name, TO be
painted in dlsilna aud leglblc letters OF
some conspicuous par, OF his pack or carriage
and in default thereof shall be liable fol
every offence so committed in the sum Of ter
dollars tn be recovered before any court o
INA agis,rate competent To try the same.
II Sec 6. The act shnl take effect from ant
after the rising of tho General Assembly a
us present session.
H True copy-wi'ness.