Chap. 0002 AN ACT AGAINST HAWKERS, PEDLARS AND PETTY CHAPMEN.

Whereas  inconveniencies arise to trade, by hawkers, . pedlars and petty chapmen, passing In, from and through the country, to vend goods, wares and merchandize:

Be it therefore enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That every hawker, pedlar, petty chapman, or other person going from town to town on foot, or with a horse or horses or otherwise, carrying to sell, or exposing to sale, any wares, goods or merchandize, within this Commonwealth, shall forfeit a sum not exceeding Four pounds, nor less than twenty shillhiys. also one quarter part of all such goods, wares or merchandize by him or them exposed to sale, or so conveyed or transported as aforesaid, to him or them that shall prosecute therefor, by information or complaint before the Court of General Sessions of the Peace in the same county.

Provided nevertheless. That nothing herein shall prohibit or hinder any person, who is the real worker or maker of any goods or wares, or his servants or agents, from c irry-ing abroad, exposing to sale, or selling any of the said goods or wares of his own making, or other articles manufactured within this Commonwealth, in any fair, market or elsewhere, or from selling any fish, fruits or provisions ; or any tinker, cooper, glazier, or mender, or other person, from going about and carrying with him proper materials for mending the things usually made or mended in the exercise of his trade. And any Justice of the Peace, upon complaint to him made of any such oii'ence, may arrest or summon before him the person or persons complained against, and order him or them to recgnize, with sufficient surety or sureties, to appear and answer the complaint or information that may be exhibited against him or them, before the next Court of Sessions of the Peace in the county where the oii'ence is said to be committed : and for want of sufficient surety, to commit such offender or offenders to the common goal of the county ; and also to secure and detain all such goods, wares and merchandize until the trial. Provided, The complainant, will enter into recognizance with surety before the same Justice, to the supposed offender, in a sufficient sum, to pay cost, in case the complainant shall fail of prosecuting or convicting the offender; and the Court of General Sessions of the Peace may assess costs upon the trial for or against the complainant, as the case may require : and all taverners, ale house keepers, common victuallers or retailers, that shall knowingly entertain any hawker, pedlar or petty chapman, or other trading person afore-

said, for the space of twelve hours, shall forfeit and pay the sum of Twenty shillings, for every six hours after the first twelve (unless the departure of such hawker, pedlar or petty chapman shall be prevented by means of sickness, or any other unavoidable necessity) to him or them who will prosecute and sue therefor by action of debt.

June 9, 17S5.