[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/gda1903189.txt

[New search] [Help]

GENERAL DEALERS (IRELAND) ACT 1903

GENERAL DEALERS (IRELAND) ACT 1903 - LONG TITLE

An Act for regulating the business of Marine Store Dealers and
Dealers in Second-hand Goods in Ireland.{1}
[14th August 1903]
General dealers to be licensed.

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 1

1.(1) No person shall carry on the business of a general dealer
without having in force a licence under this Act.

(2) An application for a licence under this Act or a renewal
thereof shall be made, in the prescribed manner and at the
prescribed time, to the licensing authority and may be granted or
refused at the discretion of that authority.

(3) A licence under this Act may be revoked or suspended by a
court of summary jurisdiction, on conviction before such court of
any violation of the terms of the licence or of any provision of
this Act.

(4) Every person applying for a licence under this Act or a
renewal thereof shall pay to the clerk to the licensing authority a
sum not exceeding [#1.50] as the expense attending such application
and of recording the prescribed particulars relating thereto.

(5) A licence under this Act shall be in the prescribed form,
shall be dated on the day on which it is issued and shall
determine on the first day of January unless sooner revoked or
suspended.

(6) If a person acts as a general dealer, without having in force
a licence under this Act, or contravenes the terms of his licence,
he shall be liable on summary conviction to a fine not exceeding
[#100].

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 2
General dealers to furnish a description of their premises and keep
books.

2.(1) Every person applying for a licence under this Act or a
renewal thereof shall, at the time of his application, furnish to
the clerk to the licensing authority a description in writing of
his premises, including all cellars, closets and other places
proposed to be used by him in the course of his business.

(2) Every general dealer shall enter in a book, to be kept by him
on his premises, the particulars of each transaction in his
business, including

(a)a proper and distinctive description of each article purchased or
received by him;

(b)the name and place of abode of the person from whom he
purchased or received the article;

(c)the date and hour of the day of each transaction; and

(d)the price paid or agreed to be paid for the article:

Provided that, where articles of the same kind, value and
description are on any particular occasion bought or sold in a lot
or parcel, it shall be sufficient to describe such lot or parcel
without describing each of the several articles comprising same.

(3) If any general dealer fails to comply with any requirement of
this section, he shall for each offence be liable on summary
conviction to a fine not exceeding [#100].

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 3
General dealers to retain articles for seven days after having
received them.

3.(1) Every article purchased or received by a general dealer shall
be kept by him in his shop, or other place where his ordinary
business is carried on, for seven days from the date on which it
was so purchased or received, unless in the meantime he shall, on
giving twenty-four hours previous notice to the licensing authority,
have received from that authority permission to dispose of such
article.

(2) Every general dealer shall attach to each article a ticket or
label with the date of purchase or receipt written thereon.

(3) Every general dealer shall, when required so to do by a police
constable, produce to him any such article before the expiration of
the said period of seven days.

(4) If any general dealer fails to comply with any requirement of
this section he shall be liable for each offence on summary
conviction to a fine not exceeding [#50].

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 4
General dealers to enter names of purchasers, &c.

4.(1) Every general dealer shall enter in his book the name and
address of the person to whom any article, lot or parcel is sold
or delivered by him and also the date of the sale.

(2) If any general dealer fails to comply with the requirement of
this section he shall be liable for each offence on summary
conviction to a fine not exceeding [#100].

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 5
General dealers to produce articles and books on demand.

5.(1) Every general dealer shall at all reasonable times produce on
demand to any police constable, having the general or special
authority of a justice of the peace to make the demand, all
articles in his possession and also the book in which the
description of any article is or ought to have been entered.

(2) Any police constable obtaining the production of any such book
shall on each occasion subscribe his name immediately after the last
entry therein.

(3) Whenever any articles which have been stolen, embezzled or
fraudulently obtained are found in the possession of any general
dealer, he shall, on being informed by a police constable,
authorised as aforesaid, that such articles were stolen, embezzled or
fraudulently obtained, deposit the same with the constable.

(4) If any general dealer fails to comply with any requirement of
this section, he shall be liable for each offence, on summary
conviction, to a fine not exceeding [#50] without prejudice to his
being also proceeded against according to law as a receiver of
stolen goods.

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 6
General dealers to report stolen goods.

6.(1) If any articles, with respect to which information in writing
is given by any police constable to a general dealer that they
have been stolen, embezzled or fraudulently obtained, are then in,
or subsequently come into, the possession of the dealer, he shall
as soon as may be give information to a police constable that
articles answering to the description of the said articles are in
his possession, and shall also state the name and address given by
the person from whom the articles were received.

(2) If any general dealer contravenes the provisions of this section
he shall be liable for each offence on summary conviction to a
fine not exceeding [#100]: Provided that, in the case of articles
which it may be difficult to trace out and identify, no fine shall
be imposed under this section, unless it appears to the court that
the articles were knowingly concealed by the dealer.

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 7
General dealers not to alter or deface articles without permission.

7. If any general dealer, after receiving information of the theft,
embezzlement or fraudulent obtaining of any metals or other articles,
melts, alters, defaces or puts away any metals or articles answering
to the description of the aforesaid metals or articles, or causes
the same to be melted, altered, defaced or put away, without having
been authorised in writing by a justice of the peace so to do,
and if it is found that the said metals or articles were stolen,
embezzled or fraudulently obtained by the person from whom the
general dealer received the same or by any other person, then in
such case it shall be held that the general dealer knew that the
said metals or articles were stolen, embezzled or fraudulently
obtained, and he shall be proceeded against, according to law, as a
receiver of stolen goods, and no evidence of his guilt shall be
necessary other than the evidence of such melting, altering, defacing
or putting away, after receiving such information as aforesaid.

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 8
Business not to be transacted with persons under sixteen years of
age.

8.(1) A general dealer shall not sell to or purchase from any
person apparently under the age of [sixteen years], whether such
person is acting on his own behalf or on behalf of any other
person.

(2) If any general dealer contravenes the provisions of this
section, either by himself or any agent or servant, he shall be
liable for each offence on summary conviction to a fine not
exceeding [#20].

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 9
General dealers not to transact business between certain hours.

9.(1) A general dealer shall not sell to or purchase from or have
any business transactions whatsoever with any person between ten
o'clock on Saturday night and nine o'clock in the morning of the
following Monday, or between ten o'clock on any other night and
eight o'clock on the following morning: Provided that it shall be
permissible to make delivery within the said hours of goods
previously sold.

(2) If any general dealer contravenes the provisions of this
section, either by himself or any agent or servant, he shall be
liable for each offence on summary conviction to a fine not
exceeding [#50].

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 10
General dealers to have their names painted over shop doors.

10.(1) Every person licensed as a general dealer under this Act
shall have his name, with the words "licensed general dealer,"
painted over the door or principal entrance of his premises in
large characters, either black upon a white ground or white upon a
black ground, and shall replace the same if removed, obliterated or
defaced.

(2) If any person fails to comply with the requirements of this
section he shall be liable for each offence on summary conviction
to a fine not exceeding [#20].

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 11
Rules.

11. The Lord Chancellor may make rules for prescribing anything
which may under this Act be prescribed, and all rules so made
shall be laid so soon as may be before both Houses of Parliament.

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 12
Definitions.

12. In this Act, unless the context otherwise requires,

The expression "general dealer" means any person buying, otherwise
than at a public auction held by a licensed auctioneer, or selling
old metal, scrap metal, broken metal or partly manufactured metal
goods in quantities, at each particular purchase or sale, .... in
the case of copper, of less than fifty-six pounds weight, or, in
the cases of lead, zinc, spelter, machinery or tools, respectively,
of less than one hundred and twelve pounds weight, or buying or
selling in any quantities bottles, syphons, tools, bags, sacks,
packing cases, boxes, articles of pottery or glass, whether such
person deals in those articles only or together with second-hand
goods or marine stores, but the said expression does not include a
pawnbroker or a licensed dealer in plate; and

The expression "licensing authority" means two or more justices of
the peace sitting in petty sessions.

GENERAL DEALERS (IRELAND) ACT 1903 - SECT 13
Short title.

13. This Act may be cited as the General Dealers (Ireland) Act,
1903.

S.14 rep. by SLR 1927