Commonwealth v. Dunham

Citations

• 4 Pa. Super. 74
• 1897 Pa. Super. LEXIS 84

Syllabus

<p>Hawking and peddling — Prohibition of, by act of 1846.</p> <p>The carrying about from house to house of small packages of goods and offering them for sale, constitutes peddling within the purview of the Act of April 17, 1846, P. L. 364, forbidding the sale by any person, as a hawker or peddler, of foreign or domestic goods, wares and merchandise, in the county of Schuylkill: Commonwealth v. Gardner, 133 Pa. 284, followed.</p> <p>Constitutional lUw — Statutes—Peddling—Acts of 1846 and 1854.</p> <p>The prohibition of the Act of April 17, 1846, P. L. 364, being directed not to the right of an owner to sell his goods, but to the manner in which he may sell them, it is not in violation of the constitutional right of acquiring, possessing and protecting property, secured by sec. 1, art. 1 of the constitution of Pennsylvania, but is a valid exercise of the police power of the state.</p> <p>The Act of April 13, 1854, P. L. 328, extends the provisions of the act of April 17,1846 to the county of Lycoming, and the proviso contained in the act of 1854 that the manufacture of tin and copper ware, hats and confectioneries shall not be embraced within the provisions of the act relates only to the manufacture of said articles but not to the hawking and peddling or sale of the same, and is in no way a limitation upon the provisions of the act of 1846.</p>