The Short Title of this Act is “The Second-hand Dealers Act, 1902.”

Every one who carries on the business of purchasing, selling, or exchanging second-hand articles is deemed a second-hand dealer within the meaning of this Act.

From and after the first day of January, one thousand nine hundred and three, 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 of the First Schedule hereto, or to the like effect, and 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 of 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 or other member of the Police Force, 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 provisions of this Act he commits an offence, and is liable to a penalty not exceeding five pounds, and in the case of a continuing offence to a further penalty not exceeding five pounds for every day after the first during which such offence continues.

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

In every case 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 penalties recovered under this Act shall belong to the local authority within which such fees and penalties are paid and recovered.

Nothing in this Act shall apply to any person who does not carry on the sale or exchange of second-hand articles at a shop, store, or place of business, nor to any person purchasing such articles for the purpose of manufacturing other articles therefrom.

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.