The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1884-10-10

the position oil 'naWker, peulhr, ot uuV-
cling merehant"-whether he did 80 du- |
ring the period when dt is alleged) he vio-
lated this law of 1S48.
You will notice that the act of assembly |
forbids q sale by a person travelling does |
not forbid travelling about the country |
with goods, but forbids selling them or Of
fering them for sale That raises the ques-
ton as to what is meant by a sale. This
is a technical legal term, one to which jd-
dicial decisions have attached meaning
referred to in case cited in your hearing
where ii was held by our Supreme Court
that contract in Mercer county for goods
to be delivered in Erie county is sale In
Eric not / n Mercer county. instruct you,
therefore, that sale is not made at the
time and place of the order being given to
the merchant, of a contract being made to
send certain goods, when that place Is
away from the merchants place OF bust.
ness. BY such an order as that no title
rasses to the goods that are contracted for;
the title remains still in the merchant,
who may or may not send the goods, as he
sees proper If his store were burned
down, and all his goods were destroyed by
fire, he would sustain the loss, and not the
man who ordered the goods, II any goods
at the store were stolen, the purchaser in
the country, mean the person who or
dered them, could not complain he could
not identify any portion of the property in
the store as his he could maintain neither
trover nor trespass for any act that any
individual might have committed upon
them; therefore the title to the property
did not pass; there was an arrangement
that the articles bargained for should be
sent and that the sale should be consum.
mated, but the sale is not perfected till the
goods are delivered. This incomplete pur-
chase Is to be separated from purchase
made by customer at the shop or store of
q merchant where he orders the goods and
either pays for them or the merchant gives
him credit for the price of them, and the
customer goes away without taking the
goods, and they are afterwards sent to him
| by the merchant, as is the practice now
almost everywhere except in the case of
| persons living out in the country remote
from village or town. There is differ
ence between the act of a merchant sup
plying patron with goods ordered at the
store in that way, and the act OF a mer-
chant who goes out into tho country and
solicits custom, takes orders at a distance
from his residence, and then day or two
or week or at any interval Of time after.
wards carries out goods in quantity, al
though perhaps not in bulk, done up in
packages, to the places where he had been
spoken to for them; l say there is dis.
tinction, material and important ole, be.
tween that case of purchase at the shop
or store, and this of purchase away from
the shops the law recognizes difference
between transacting business at ones
place of business and going abroad seeking
buyers for ones goods, wares or merchan
disc, In the former case no question car
arise in respect to the legality of the sale
while in the latter case the legality of the
sale depends upon the surrounding facts.
In judging whether person is pedlal
or not all the circumstances are to bt
taken into consideration first, settle wha
are the facts, and then inquire whethe
those facts constitute the person a pedlar
Look at his equipment for carrying goods
the provision that he had made for him
self. The law, as you have heard, makes
no distinction as to whether one goes in
canal boat or in q two.horse carriage or il
u one-horse carriage, or on foot; in othe
words, it is decided that man may peddl
with any sort of vehicle or without having
any, and be liable to the penalty tor tn
violation of the law; but, in judgin
; whether he pursues his business as ped
lar or not, his equipment, the facilities Ii
has, are to be taken into account-th
quantity of goods that he carries, tn
kinds of goods that he carries, the shape i
which he has them, the manner in whlc
he makes his sales and conducts his bus
) ness generally, the extent OF his travels
: how much territory he covers in his peri
. grinations, how far he goes, whether sin
: ply in his own immediate neighborhoo
that he may sell some goods, or prepare
y to supply considerable extent of country
g as evidenced not merely by his means {
I' transportation but by the amount an
character of his load, indicating the goot
that he expects to dispose of in his trip
Il So the frequency of his being on the roa'
ii and whether he carries goods for sale sin
&c ply or for exchange, follows Il regul'
o route or divcrges from it, these and q
Il other surrounding facts are to be taken i
IL to consideration in determining whether
&c is "hawker, pedlar, or travelling me
IL chant"
Is Gro BE CONTINUED