The Short Title of this Act is “The Second-hand Dealers Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

It shall not be lawful for any person to carry on business as a second-hand dealer unless he is the holder of a license under this Act.

Any person wishing to obtain a license under this Act shall deliver to the Clerk of the local authority of the district within which his shop or place of business is situated an application in the form numbered (1) in the Second Schedule hereto or to the like effect, which application shall be recommended by the chief officer of police in such district.

The local authority of the district, if satisfied with the character of the applicant, may grant a license in the form numbered (2) in the Second Schedule hereto.

Every such license shall be signed by the Mayor or Chairman of the local authority and countersigned by the Clerk.

Such license, unless sooner cancelled, shall continue in force for one year from the date on which it was granted, but may be renewed from year to year as the local authority thinks fit.

There shall be payable in respect of every such license, and of every annual renewal thereof, the fee of five shillings.

The Clerk of the local authority by which such licenses are granted or renewed shall keep an alphabetical record thereof and of every cancellation thereof.

Every licensee under this Act shall have his name in full, together with the words “licensed second-hand dealer,” painted in legible characters at least two inches long, so as constantly to be seen and read, on some conspicuous part of his place of business.

It shall not be lawful for any person not being a licensee under this Act to in any way or by any method or device hold himself out to be a licensed second-hand dealer.

Every licensee under this Act shall keep a book wherein he shall from time to time enter each second-hand article bought, sold, or exchanged, the date of the transaction, and, in case of any second-hand article bought by him or received by him in exchange, the name, residence, and calling of the person from whom he bought or received it.

Every such entry shall be made on the date when the transaction takes place.

Every licensee under this Act shall at all reasonable times, on demand at his shop or place of business, produce his license to any constable, and permit him to inspect such shop or place of business, the goods therein, and also the above-mentioned book.

It shall not be lawful for any licensee under this Act, by himself or by any other person, to purchase or receive any second-hand goods before the hour of eight in the morning or after the hour of six in the evening, nor at any time from any person apparently under the age of sixteen years.

If any person fails to comply with any of the foregoing provisions of this Act he commits an offence, and is liable to a fine not exceeding five pounds, and in the case of a continuing offence to a further fine not exceeding five pounds for every day during which such offence continues.

In all proceedings against a licensee under this Act for any offence the Court when convicting him may, in addition to imposing a fine, cancel the license by memorandum to that effect signed by the convicting Justice, whereupon all the rights and privileges of the licensee under the license shall absolutely cease and determine.

Where a license is cancelled by the Court, the Clerk of the Court shall forward a notice of such cancellation to the Clerk of the local authority by which it was granted, and he shall record such cancellation.

All fees paid and fines recovered under the foregoing provisions of this Act shall belong to the local authority within whose district the same are paid and recovered.

Where the ownership of any goods brought before the Court, and which have been unlawfully sold or exchanged, is established to the satisfaction of the Court, it may order that such goods shall be delivered up to the owner either without compensation or with such compensation to the person to whom they were so unlawfully sold or exchanged as the Court deems fit.

In the succeeding sections of this Act “dealer in old metals” means any person who deals in buying and selling old metal; scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such articles only or together with second-hand goods or marine stores; and the term “old metals” means the said articles.

Any Justice, on complaint made before him on oath that the complainant has reason to believe and does believe that any old metal stolen or unlawfully obtained is kept in any house, shop, room, or place by any dealer in old metals within the limits of the jurisdiction of such Justice, may give authority by special warrant to any constable to enter in the daytime such house, shop, room, or other place, with such assistance as may be necessary, and to search for and seize all such old metals there found, and to carry all the articles so seized before the Justice issuing the warrant or some other Justice exercising similar jurisdiction.

Such Justice shall thereupon issue a summons requiring such dealer to appear before two Justices at a time and place to be named in such summons.

If such dealer does not then and there prove to the satisfaction of such Justices how he came by the said articles, or if any such dealer is found in possession of any old metals which have been stolen or unlawfully obtained, and on his being taken or summoned before two Justices it is proved to the satisfaction of such Justices that at the time when he received them he had reasonable cause to believe them to have been stolen or unlawfully obtained, then in either of such cases such dealer shall be liable to a fine not exceeding five pounds, and for any subsequent offence to a fine not exceeding twenty pounds, or, at the discretion of the Justices, in the case of such second or subsequent offence to imprisonment with or without hard labour for any period not exceeding three months.

Nothing herein shall interfere with or affect any proceeding by indictment to which such dealer in old metals may be liable for knowingly receiving stolen goods, but no person shall be prosecuted by indictment and proceeded against under this Act for the same offence.

Where a dealer in old metals is convicted of either of the offences aforesaid, any two Justices, on proof of such conviction, may order that such dealer shall be registered at some police-office or police-station in the district in which such dealer was convicted, in a book to be kept by the chief officer of police in the district for the purpose, according to the form in the Third Schedule hereto.

From and after such registration such dealer shall be subject to and shall conform to the several regulations hereinafter provided for such period not exceeding three years as such Justices order.

If during such period such dealer is convicted of any offence under this Act, the Justices so convicting him may order such period to be extended for not more than three years from the time when such period would otherwise expire; and in like manner, whilst such dealer is subject to the regulations of this Act, on any further conviction under this Act, and as often as such further conviction takes place, the Justices so convicting him may order the period for which he is then subject to such regulations to be extended for not more than three years from the time when such period would otherwise expire.

Where a dealer in old metals who is also a dealer in marine stores within the meaning of section twenty-one hereof is registered as aforesaid, he shall likewise conform to the regulations contained in that section, and shall be liable to the penalties provided in that section for not conforming to such regulations.

Every dealer in old metals who is subject to the regulations of this Act as aforesaid shall, upon removing to any other place of business, give notice of such removal at the police-office or police-station where he is registered; and if he continues to carry on business as a dealer in old metals without giving such notice he shall be liable to a fine not exceeding five pounds, and a fine not exceeding ten shillings for every day after the first on which he continues to carry on such business without giving such notice.

Where such dealer removes to any place out of the district in which he is registered, it shall be the duty of the chief officer of police for such district to transmit a certificate of such registration signed by himself (which shall be evidence of such registration), together with a certified copy of any order of Justices as to the period for which such dealer is to be subject to the regulations of this Act, to the chief officer of police in the district in which such dealer has taken up his residence; and any Justice may thereupon issue a summons to such dealer to appear before two Justices, and if it appears to such Justices that he intends carrying on business as a dealer in old metals, they may order him to be registered in the same manner as provided in section seventeen hereof.

Such registration shall have the same effect during the period for which such dealer is to be subject to the regulations of this Act by any order of Justices as aforesaid as provided in the said section.

It shall be lawful for two Justices by order in writing to authorise one or more Inspectors or sergeants of police to visit at any time the place of business and inspect the goods and books of dealers in old metals who are subject to the regulations of this Act as aforesaid, and every such Inspector or sergeant shall, and is hereby empowered to record in the book hereinafter required to be kept by every such dealer in old metals the day and hour of his visit, and to place opposite the entry of every article examined by him his initials or name in attestation of the same.

Every dealer in old metals who is registered as aforesaid shall, during the period which the Justices order as above provided, conform to the following regulations, that is to say:—

For any act or default contrary to the foregoing regulations done or made by any registered dealer in old metals during the period which the Justices order as above provided, he shall be liable to a fine not less than one pound and not exceeding five pounds, and for every subsequent offence a fine not less than five pounds and not exceeding twenty pounds.

Every person who deals in buying and selling anchors, cables, sails, or old junk, old iron, or marine stores of any description shall conform to the following regulations, that is to say:—

In order to obtain such permit as aforesaid a dealer in marine stores shall make a declaration before some Justice having jurisdiction over the place where such dealer resides, containing the following particulars, that is to say:—

The Justice before whom such declaration is made may grant a permit authorising him to cut up or unlay such cable or other article.

No dealer in marine stores who has obtained such permit as aforesaid shall proceed by virtue thereof to cut up or unlay any cable or other like article until he has for the space of one week at the least before doing any such act published in some newspaper published nearest to the place where he resides one or more advertisements notifying the fact of his having so obtained a permit, and specifying the nature of the cable or other article mentioned in the permit, and the place where the same is deposited, and the time at which the same is intended to be so cut up or unlaid.

If any person suspects or believes that such cable or other article is his property he may apply to any Justice for a warrant.

Such Justice may, on the applicant making oath or affirmation in support of such suspicion or belief, grant a warrant by virtue whereof the applicant shall be entitled to require the production by such dealer as aforesaid of the cable or other article mentioned in the’ permit, and also of the book of entries hereinbefore directed to be kept by every dealer in marine stores, and, on such cable or other article and book of entries being produced, to inspect and examine the same.

If any dealer in marine stores makes default in complying with any of the provisions of this section, he shall for the first offence be liable to a fine not exceeding twenty pounds, and for every subsequent offence to a fine not exceeding fifty pounds.

Every fine hereby incurred and all costs directed to be paid on any information or complaint laid under section sixteen or any subsequent section hereof shall be recovered summarily before any two or more Justices in the manner directed by “The Justices of the Peace Act, 1908.”

The Justices imposing any fine under the provisions of this Act relating to old-metal dealers or marine-store dealers may, if they think fit, direct the whole or any part thereof to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such fine is imposed, or to be applied in and towards payment of the expenses of the proceedings.

In all cases of convictions under section sixteen, or any subsequent section hereof, where a sum of money exceeding five pounds is adjudged to be paid, any person who thinks himself aggrieved by such conviction may appeal therefrom in the manner provided by “The Justices of the Peace Act, 1908,” with respect to appeals from summary convictions.

In case any conviction appealed against is under section sixteen hereof, and an order for registration has been made on such conviction, the party so convicted shall not be subject to the regulations contained in sections eighteen, nineteen, and twenty hereof until after such appeal is heard and determined against such party.