The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1881-04-08
HAWKING AND PEDDLlNG.

The following opinion of the court
filed March 26th, 1881, in the case of the
Commonwealth vs.. John Hughes, will
be found of interest TO merchants In par
ticular, and the public IN general 1t ex-
plains itself.
QUARTER SESSIONS OF COLUMBIA COUNTY.
SPECIAL VERDICT.
TIE Court
The first count in the indictment
charges that the defendant did unlawful
ly sell, as a hawker and pedler, foreign
and domestic goods, wares and merchan-
disc, to wit: Oysters, contrary, &c. The
second count charges that he did un-
lawfully expose to sale as hawker and
pedler, foreign and domestic goods,
wares and merchandise, to-wit: Oys-
ters, contrary. &c
The verdict of the jury finds that the
Act of Assembly passed April 7, 1916,
Pamphlet Laws 1916, page 364, was ex-
tended to Columbia county, by Act pass
ed 27 March 1s4s, Pamphlet Laws
lS4S, page 270, and that same is now,
and was on the 18th December, 1876 in
force in this county. And that on that
day in the Town of Bloomsbury, In
this county, the defendant did as q
hawker and peddler and travelling mer-
chant, sell and offer for sale, oysters to
citizens of said town, and did go from
place to place crying oysters in the
streets. But whether he is guilty of an
offense punishable by law is submitted
to the Court. If the facts set sorth, con-
stitute in the opinion of the Court an of
fense, they find the defendant guilty,
otherwise verdict for the defendant.
The Act of Assembly referred toin the
verdict in force here is in the words fol
lowing; mo person shall sell or expose to
sale, within the county of (Schuylkill,) }
Columbia, as a hawker, peddler or trav-
cling merchant, any foreign or domestic
goods, wares or merchandise, under pen
atty of fifty dollars for each and every
offense, to be inflicted in the manner
provided by the Act of April 6, 1889,
entitled supplement to the Act regulat-
ing auctions in the City of Lancaster
and other towns of this Commonwealth
passed the 9TH day of April, 1882. The
mode of proceeding provided by the
Act of April G, 1888 is by warrant
from a justice of the peace, binding
over to court and indictment in the Quar-
ter Sessions.
The two words "hawker' and "ped-
dler,' as employed in statutes are nearly,
| if not quite, identical in meaning: and
each OF them signifies an itinerant ven
dor of goods. Bishop on Statutory,
Crimes Sec 1914. In Abbott's Law
Dictionary, page 552,a hawker is defined
TO be "a person who practices carrying
about merchandise from place to place
for sale; as opposed to one who sells al
an established shop It is equivalent to
''peddler," which is more used at the
present day. 1t is generally understood
from the word that hawker is one who
not only carries goods for sale, but seeks
for purchasers, either by outcry, or by at.
tracing notice and attention to them as
goods for sale, by an actual exhibition oi
or exposure by placards or labels, or by
a signal like the sound of horn for
the sale of fish. Commonwealth VS.
Ober II Gushing 495. Fisher vs. Patter.
son, ] Harris, 336-33S. Common.
wealth VS.. Willis IA S. tS r. 39S.
The verdict finds the specific acts done
by the defendant to have been done as a
hawker and peddler, going from place
to place, offering for sale and selling
oysters to citizens and calling attention
to them as goods for sale by .rying
"oysters' in the streets. 1t follows that
he is guilty of a violation of the law, if
the article sold or offered for sale was
goods, wares or merchandise within the
meaning of the statute.
| The word "goods, in its largest sense
signifies all mans property other than
real estate. Bishop Statutory Crimes,
Sec. 344. l Abbott's Law Dictionary
537. In criminal statutes, particularly
in statutes against larceny, it is not un-
derstood to have the full meaning as
above indicated-choses in action, bank
notes, mortgages, deeds and the like are
exceptions. But with these and some
other exceptions, not necessary to be
mentioned here, this word seems to in
clude everything of personal nature.
Thus oats, corn, &c', the products of a
mans farm, are goods, wares and mer-
chandise, The State vs. Brooks Com
Rep. 446. In its legal sense it includes
animals as well as inanmate things, and
In penal statutes it is construed as limit
ed to movables belonging to the proper.
ty OF some person, of intrinsic value
Taylor VS.. Barnes, So N. H., 4S4. The
term merchandise includes goods and in
general, objects of traffic and commerce,
and is broad enough to include also
stocks or shares in incorporated compa
MES.
The Act of Assembly makes no excep-
tion in regard to articles of food or any
other class of goods. 1t follows that the
prohibition contained in the Act of As
sembly applies to the sale of oysters by
hawkers and peddlers, with as much
certainty as to any other goods or art
cles OF traffic and commerce.
The purpose of the Act, without doubt
was in part, to prevent interference with
the business of established houses, and al
so to protect the community from imposi
ton which might be practiced by timer
ant dealers.
In regard to no articles of food is this
| protection more needed than those of
fish and oysters
Upon the facts found by the verdict
we are Of opinion that the defendant
was guilty of the offense charged
in the indictment and that he thereby
incurred the penalty of fifty dollars and
the costs as provided by the statutes.