statutes Pennsylvania. Laws.

A digest of the laws of Pennsylvania, from the year one thousand seven hundred to the tenth day of July, one thoudsand eight hundred and seventy-two--Brightly's annual digest for 1873 to 1875. Annual digest of the laws of Pennsylvania for the years 1873 to 1875. Together with some laws of older date online

. (page 60 of 179)
Online Librarystatutes Pennsylvania. LawsA digest of the laws of Pennsylvania, from the year one thousand seven hundred to the tenth day of July, one thoudsand eight hundred and seventy-two--Brightly's annual digest for 1873 to 1875. Annual digest of the laws of Pennsylvania for the years 1873 to 1875. Together with some laws of older date → online text (page 60 of 179)
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BemoYaitboweom- for the usc of the city ; ai)d if such owner makes default in complying with any

^^^ decision so given, he may be compelled thereto, as provided by the act to which

this is a supplement. (6)
90 May 1867 { 1. 27. It shdl be the duty of the inspectors of buildings of the city of Philadelphia,
^^^^' upon the application of any person or persons about to erect on his or their lot or
loipMton to ezft- lots of gTound any new building or buildings, according to the provisions of the
minadiTWon. ^^^ ^f ^^ ^^ ^^^ ^f ^^^ j^^^^ Domini 1855, entitled "an act to provide for
ifiiiraflidaiit,tobe the regulation and inspection of buildings," to examine all such party or division
'^"^^^ walls upon or adjoining said lot of ground, and which shall have been erected

prior thereto, and if deemed and adjudged by them to be insufficient and unfit for
the purpose of such new building about to be erected, such party or division walls
shall be removed and taken down by the last builder ; the cost and expense of
which removal, together with the cost and expense of the new wall or walls to be
AppmL erected in lieu thereof, shall be borne and paid exclusively by him : Provided^

nevertheUsSy That an appeal from the decision of the building inspectors may be
had to the board of surveyors, in conformity with the provisions of an act, entitled
" an act to provide for the better regulation of buildings in the city of Phila-
Aooonntt of In- dclphia," approved May 7th, Anno Domini 1855. And in settlement of their
*^^ accounts the said inspectors shall file in the court of common pleas of said city, on

the first day of June annually hereafter, a full statement of their receipts and ex-
' penditures ; which account shall be audited by said court, and on their order, the
balance, if any, found to be in the hands of said inspectors, shall be by them paid
into the city treasury for the use of the said city.
ioi^riii840{4. 28. In all conveyances of houses and buildings, the right to, and compensation
'^^^' for, the party-wall built therewith, shall be taken to have passed to the purchaser,
p«ty-w«u to pM unless otherwise expressed ;(c) and the owner of the house for the time being,
tltiKaST'^ shall have all the remedies in respect to such party-wall, as he might have in re-
lation to the house to which this attached.(c2 )

(a) Aot S February 1854 } 27. P. L. 27. mA t. DemoU, 15 Leg. Int. 270. MeGittigan ▼. E9an$, 28

lb) Supra 18. Ibid. 196.

(c) The part7-w»U is hereby created real estate, and (d) This aot is not retrospeotire, and does not operate

passes by a oonveyanoe of the land, unless ezoeptod in on deeds executed before its passage. Dannaker r. BiUy,

the deed. Knight r. B^wUm, 80 Pean. 8t B. 872. Wil- 14 Penn. St. B. 436. BtU t. Bronton, 17 Ibid. 863.



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1129



^latent i^Utruined.

[See YsNDEBS of Mbrohandisb.]

1. y«nd6rf of patent medleines to be licensed. 8. Penaltj for Tiokitloii.

2. ClMofieation Mid ftmoont of lioease fee. 4. Aeta relating to render! of merohandiie extended.

1. In addition to the license now required by law to be taken out by vend- lo Aprfl i84» } sa
era of merohandiae,(a) all manufaotorers, venders, agents or other persons ^ ^^^ '
(except regular apothecaries for the sale of simple medicines, the prescripUons of ^^^^^^^^^
physicians, and the compounds of the pharmacopceia, and the several dispensato- SSjaDMdT ^
ries of the United States) engaged in the manufacture or sale of any nostrums,

medical compounds, or patent medicioes, whether pills, powders, mixtures, or in
any form whatsoever, shall also take out from the proper city or county treasurer
a license for mauufacturing, vending, hawking, peddling or in any way selling
8uch nostrums, medical compounds or patent medicines.

2. All such venders or sellers shall be classed and required to pay annually, to ibid. {26 .
the use of the commonwealth, for their respective licenses, as follows : ciMriiioetion and

Those who are esteemed and taken to make and effect annual sales to the ^oontofUceuM
amount of one hundred dollars, and not exceeding two hundred dollars, shall con-
stitute the fourth class, and pay five dollars.

Those to the amount of two hundred dollars, and not exceeding five hundred
dollars, the third class, and pay ten dollars.

Those to the amount of five hundred dollars, and not exceeding one thousand
dollars, the second class, and pa^ thirty dollars.

Those to an amount exceeding one thousand dollars, and not exceeding two
thousand dollars, shall form the first class, and pay fifty dolkrs : Provided^ That
those who are esteemed to sell an amount exceeding two thousand dollars, shall
pay a tax of fifty dollars, and three per cent upon all sales above two thousand
dollars.

3. Any person convicted of violating the provisions of the preceding sections, n)id.|27.
shall be fined in a sum not less than fifty nor more than five hundred dollarB for penaity for tIoIa-
each offence ; one-half to be paid to the county treasurer for the use of the com- tioii.
monwealth, and the other half to the person or persons who shall prosecute such

offender.

4. All the provisions and duties enjoined upon any one by the act, entitled '< an iMd. | ss.
act graduating duties upon wholesale dealers and retailers of merchandise, and aoh reuung to
prescribing the mode of issuing licenses and collecting said duties," passed the 7th JJ^JJJ**' *t«Dd«L
day of April 1830, and the several supplements thereto, are hereby extended and ^
declared to apply to this act, except so uur as they are inconsistent herewith.(a)

(a) See tit. "Venders of Mereluuidiie." An tpotheewy lioense tax Impoeed by thii act dmmonwaUk t. Fuller,
who eellfl patent medloines ia liable for the additional 4 Loi. Leg. Obs. 225.



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)9etrlar0.



L GENERAL LAWS. 11. Peddling In oerUin oonnties prohibited. Penmltj

1. Pedlftrs to be lioensed. To giro bond. Price of ^ ^« reoorerable by indictment

license. Limitation of right to sell. List of pedlan to ^* Peddling of agrioaltnnd implements, stores, hoUow

be Dublished annn&lly. And wooden waie.

2. What persons may be lioensed. 13. Licenses to be issued to disabled soldiers, withont
8. Certifloate to obtain a license. charge.

4. Connty treasurers to account annually for moneys 1^* Itinerant dealers in old clothing, Ac, to be licensed,

receired for licenses. Penalty for neglect ^ Philadelphia. Penalty for riolation.

6. Penalty for selling by auction. How penalties to be _- __- . ___ __ ^^^ ^„^, ^ «.«

reoorerable. Citiiens may rend their own manufactures. H. TIN AND CLOCK PEDLARS.

6. Penalty for peddling without license, or refusing to 15. To be licensed. Penalty for peddling without li-



exhibit license. cense. Proceedings to be by summary conriotion. Pen-

7. Penalty for lending license. alty for refusing to exhibit license. Informer to be a

8. Pedlars of oamphene, Ac, in Philadelphia, to be witness.

subject to general laws. Price of license. Manufacturers 10. How licenses to be issued. Certificate to be trans-

not to sell less than lire gallons, except at their principal mitted to auditor-general. Duties and liabilities of county

place of business. treasurers.

9. Pedlars of foreign fruits to be licensed. 17. Separate licenses to issue in names of manufacturers

10. Penalty for peddling without license, in certain in Susquehanna county,
oounties, to be reoorerable by indictment

I. Genexal laixr8.(a)

8 April 1880 1 L 1. The coarts of quarter sessions of the respective ooanties in this commoo*
llfli^i wealth, or two judges of said courts, in yaoation, are hereby authorized to issue
PjdOan tobe % liceDse(6) to any applicant [who shall brinff himself within the provisions of the
^*°'*^^ act passed the 30th day of March 1784, entiUed " an act for regulating of hawkers

and pedlars/' and the supplement thereto, passed the 28th day of March 1799],(c)
Togirebond. ^^d who shall jnye bond to the commonwealth of Pennsylvania, with sureties to
be approved of by the court, in the sum of three hundred dollars, conditioned
that such applicant shall be of good behavior during the continuance of such
license, which shall be for one year ; and the said applicant shall satisfy the court
that he is a man of honesty and good moral character, and otherwise brinK him-
Prios of license. ^^^ within the provisions of said acts : Provided, That before any such license
shall issue to any such applicant, he shall pay, for the use of this commonwealth,
for a license to travel on root, eight dollars ; with one horse and cart or wagon, or
other vehicle, sixteen dollars ; with two horses and wagon, or other vehicle, twenty-
five dollars ; and produce a receipt from the county treasurer, together with the
usual fees to the clerk for similar services : and the clerks of said courts respect-
ively, shall, within ten days after each term, transmit to the auditor-general a list
of the names of persons to whom licenses have been granted at the preceding term,
Limitation of ri^ and the rates thereof: Provided, That no person licensed for the purpose afore-
^"^ said, shall be permitted to sell, vend or expose to sale any(cQ foreign or domestic

goods, wares or merchandise, in any private or public house, or in any of the open
streets, lanes or alleys, or in any other part or place of the citnr of Philadelphia, the
district of South wark, or the townships of the Northern Libertiee, Moyamensing
and Passyunk, under the penalty of fi% dollars, to be recovered by any person
who shall sue for the same, as debts of like amount are by law recoverable : And
List of pfii«n to provided further, That it shall be the dut^ of the auditor-general to publish once
b« pabiL^edannn- 1^ j^^ jh^ names of all persons who shall take out a license as aforesaid, in at

least three papers within this commonwealth, for three successive weeks.
10 April 1S40 1 1. 2. No person shall be licensed as hawker and pedlar, or petty chapman, within
^'^^^ this state, but such only as is a citisen of the United States, and who from loss
What pmoia msy of limb, or Other bodily infirmity, shall be disabled from procuring a livelihood by
beUoaoMd. labor, which disability shall be proven by certificate or certificates from two

physicians of respectable character, under oath, residing in the county where the
application for license is made. And no license hereailer granted shall extend
farther than the county in which such license may have been granted, except whole-
sale pedlars, whose license shall extend throughout this state, for which they shall
pay, for the use of the commonwealth, for a license to travel with one horse and
wagon or other vehicle, forty dollars; with two horses and a wagon or other
vehicle, fifly dollars.(«)

(«) The tpeolal acts regulating the peddling of goods' (e) Part within brackets supplied; i^fra 2-S.

in different parts of the state hare of late years become too (d) The sale of a single article subjeeU the ofleoder to

numerous to authorise their insertion in the digest For the penalty. OimmomweaUk r. W%Ui», 14 8. A R. 898.

their provisions, the student is referred to^the annual rol- («) This act is extended to all persons engaged in hawk-

«mes of statutes issued by the state. ing and peddling, and carrying fkom place to plaoe^ tin,

(b) This act does not embraoe tin and dock pedlari. M>ppor and hoUow-ware in the county of Venango, by net

\,ifr. Ola^k, % W. «00. 4 M*y 18W { «. P. L. 677.



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PEDLARS. 1131

8. No person shall be licensed as a hawker or pedlar, under the several acts 6]ift7i84i{r.
of assembly now in force, unless he shall have resided at least one year in the ^'^9**-
county in which such application shall be made, and shaU produce satisfactory Oerttiicate to ob-
evidence, on oath, from at least two respectable practising physicians, who shall " * mo«»^
be citizens of the United (States), residente in such county, that such applicant is,
in point of fact, by reason of bodily disability (the nature and character(a) of
which shall be stated), unable to procure a livelihood at his trade, if he have any,
or by bodily labor.

4. It shall be the duty of the county treasurers respectively, on or before the s ApHi i83o { s.
second Tuesday in December in each and every year, to render an account, under ^' ^' ^*^'
oath or affirmation, to the auditor-general, of all moneys received by them for Oonntj treunren
licenses, specifying the names of the persons and the amount received from each, IjiyX^moneys'
and pay over to the state treasurer all moneys received by them, deducting there- jj^l!? ^^
from a commission of five per cent. ; and if any county treasurer shall neglect or **"'**'
refuse to render his account to the auditor-general for settlement, and pay over Pwuatyfornegtoet.
the Ml amount to the state treasurer, as hereinbefore directed, such treasurer

shall not be allowed any compensation or commission.

5. No person or persons, either with or without license, shall sell or expose to ibid. 1 2

■ale any foreign or domestic goods, wares or merchandise, as a hawker or pedlar

or travelling merchant, by public auction or outcry, (6) in any part of this com- by aootidS^** "*
monwealth, under the penalty of fifty dollars for each and every oflFence ; and all How penaitiAt to
forfeitures that may accrue under this act, or the acts to which this is a further ** '•«>^*»»*>i«-
supplement, may be sued for and recovered by action of debt, before any alderman

or justice of the peace, as debts of like amount are by law recoverable,(c) by any

person who may sue for the same, one-half to the informer and the other half to

the use of the county in which the oflFence may have been committed ; and so

much of the act to which this is a further supplement as is by this act altered or

supplied is hereby repealed: Provided, nevertheless, That nothing contained in atiionf may Tend

this act shall prohibit the citizens of this commonwealth, who may manufacture £j£^" °**°"'

goods, wares or merchandise within this commonwealth, from vending or exposing the

same to sale in the same manner as if said act had not been passed into a law.(<2)

6. And if any person not being licensed as aforesaid (except such whose i« April 1840 1 3.
licenses have or may not yet be expired) shall be found hawking, peddling or ^^*^
travelling from place to place(e) through any part of this state, to sell or expose Penalty for ped-
for sale any foreign goods,(^) wares or merchandise, every person so offending f/JJlfgr******"*
against this act shall be liable to a fine of fifly dollars : or being so qualified by or reftiting to •«-
the license, shall refuse, on request of any citizen of this state, to show his license, ***"* »««»•.
every person so offending shall be liable to a fine of twenty dollars, to be recovered

and applied in the same manner as is provided for by an act for regulating hawk-
ers and peddlers, and its several supplements, passed the 80th day of March
1784 :(h) Providedy That this act shall not be construed to prevent citizens of
this commonwealth ^m hawking and peddling goods of their own manufac-
ture. (1)

7. If any person having a license shall lend or otherwise dispose of the same to 28 Mareh 1709 { 3.
any other person,(Aj) the person so lending, and the person so receiving the same, » Bm. sao .
shall be liable to a fine of fifty dollars, respectively ; which fines shall be recovered Penalty for lending
and applied, as by the act to which this is a supplement is directed and provided. *^^°^'

8. Hawkers and pedlars of alcohol, burning-fluid and camphene, in the city 1 Hay 1853 { 6.
and county of Philadelphia, shall be subject to the several provisions of the ^•^"^'
several acts of assembly of this commonwealth regulating hawking and peddling; Pedianofoam-
the sums to be paid for the use of the commonwealth, previous to the issue of any KSeJpkit!'* *° ^"
license to hawk and peddle as aforesaid, shall be ten dollars for each foot-travellor, PrioeofUoente.
or fifteen dollars for each horse and wagon employed ; no manufacturer of the Manafkctarwi not
above articles shall hawk or peddle, or offer the same for sale, at any except his fliJ*^wL,*Scept,
principal place of business, in less quantities than five gallons, under the penalty Ac

(a) A eeitifloata that the applieaot was affwUd with (d) See WoJfr, Clat% 2 W. 298.

** gaatro'h^talgia^" was held iDSoffioient ; the nature and (e) Selling goods from a canal-boat, is a yiolation of

eharaoter of the disease most be stated, that the court may this act Fuhtr r. Patier§on, 13 Penn. St R. 336.

judge whether the applicant is entitled to a license. (a) This does not embrace goods made in another state

Springtr^t Cnte, 7 Penn. L. J. 275. of the Union. Hart v. WilUttt, 62 Penn. St. R. 15.

{b) To constitute a sale by auction, there must be either (A) The act of 1784 is supplied bj act 2 April 1880

sneoessive bids for the property, or successive offerings of ^ 2 ; tuora 6.

it at different prices, in a way to provoke competition. (^ See •uproy note c.

Offering goods publicly at a speciiiea price, is no violation (k) This penalty is not incurred by the employment of

of the aot. HioUr t. Hoagf 1 W. A 8. 552-3. a servant to sell for the licensee; but the servant is liable

(e) See Commonwealth v. WinehǤter, 3 Penn. L. J. R. 34. to the penalty imposed by the aot of 1830, for peddling

An appeal lies from a judgment for the penalty. CommoH- without a lioease. Oibwn v. KauffUld, 63 Peon. St. R.

wocuXt. Xesy, 7 Phila. 308. 168.



73



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1132



PEDLARS.



1 Hay 1861



14 April 1867 { L
P.L.SOL



Pedlara of foreiga
Ihiltatobe



10 April 1840 1 19.
P.L.a28.



Peaalty for ped-
dling wlthoat
llceofle In certain
ooantlee, reeorer**
ble by Indictment.



17 April 1840 • 1.
P.L.864.

Peddling in certain
oonntiM prohibit*
ed.

Penalty, to be reoo-
Terable by indict*
Bent.

14 April 1868(1.
P.L.481.

Peddling of agri-
cultural imple*
menta, storey hot-
low and wooden
ware.
8 April 1867 I L
P.L.60.



Liceneea toianie to
diaabled eoldien,
without ohargew



of twenty dollars for each offence, to be recovered and applied in the same manoer
as is proyided for by the acts herein referred to.

9. The treasurer of the city of Philadelphia be authorized and empowered
to issue licenses annually, to a competent number of responsible persons, resident
of said city, as hawkers, to expose to sale and sell foreign fruits by retail in said
city : Provided^ That no one shall receive a license from said officer for said pur-
pose, until he has first paid into the said city treasurer's hands, for the use of the
city of Philadelphia, the sum of five dollars.

10. No person shall sell, or expose to sale, without license, in the counties of
Berks,(a) Dauphin and Lebanon, as a hawker, pedlar or exchange dealer in any
foreign or domestic goods, wares or merchandise, under the penalty of fifty dollars
for each and every offence, to be inflicted in the manner provided for in the act
of April the 6th 1833, entitled " a supplement to an act regulatii^ auctions in
the city of Lancaster and other towns of this commonwealth, passed the 7th day
of April 1832 :"(6) Provided^ That the provisions of this section shall not be so
construed as to apply to persons selling goods of their own manufacture, or carry-
ing goods for wholesale purposes, (c)

11. No person or persons shall sell or expose to sale, within the county of
Schuylkill, as a hawker, pedlar or travelliuK merchant, any foreign or domestic
goods, wares or merchandise, under the penalty of fifty dollars for each and every
offence, to be inflicted in the manner provided for in the act of April 6th 1833,
entitled *^ a supplement to the act regulating auctions in the city of Lancaster,
and other towns of this commonwealth," passed the 7th day of April 1832. (cf)

12. It shall be lawful for the manufacturers of agricultural tools and implements,
stoves, hollow-ware and wooden-ware, to peddle their own manufacture, or author-
lie agents to peddle the same for them : Provided^ That the provisions of this act
shall not extend to any portion of the state east of the Allegheny mountains, or
to the county of Armstrong.

13. Every honorably discharged 8oldier(«) who is a resident of this state, and
who from wounds, or on account of disease contracted while in the military or
naval service of the United States, and on account of such disability, is unable
to procure a livelihood by manual labor, shall have the right to hawk, peddle and
vend any goods, wares or merchandise within this commonwealth,(y) by procur-
ing a license for that purpose, to be issued without cost : Provided^ That before
any such soldier shall be entitled to the benefits of this act, he shall obtain a cer-
tificate from an examining surgeon of the United States, that he is unable to pro-
cure his living by manual labor ; and shall also procure a certificate from the
prothonotary of any county in this state, that he has filed in the office of said pro-
thonotary his affidavit, setting forth that he is the bond fide owner, in his own
right, of all the goods, wares and merchandise which he proposes to hawk, ped-
dle and vend, and that he will not engage to sell the same for any other person
or persons whatever : And provided jfurther^ That the aforesaid certificates,
together with such person's discharge from the military service, or an exemplified
copy thereof, shall be full and conclusive evidence of such person's right to the
benefits of this act.



(a) See not 21 April 1862 g 2. P. L. S87.

(b) The aot of 1533, here referred to, provide! that the
mode of proeeeding against any person ror a violation of
iti provisioni, shall be by indictment in the court of quar-
ter sesfions of the proper ooonty; and that whenever
complaint shall be made to any Justice of the peace or
alderman of the proper county or city, on oath or affirma-
tion, against any person for violating the provisions of
the same, it shall be his duty to isnie a warrant for the
apprehension of suoh person, and compel him to enter
into a recognisance with sufficient sureties for his ap-
pearance at the next oourt of quarter sessions of the pro-
per oonnty, to answer the said complaint ; and any person
being thereof duly convicted, shall pay a fine for tne use
of the oommonwwlth, of not lees than fifty nor more than
five hundred dollars, at the discretion of the court, together
with the costs of prosecution. See tit ** Auotions,'' 20.

(c) See aet 12 April 1851 3 4, P. L. 441, for similar
provisions as to Northumberland county; and aot 20
April 1854 1 1, P. L. 418, as to the counties of Lehigh,
Dauphin, Sullivan, Wyoming and Bucks. By aot 25

iMarch 1856 1 1, P. L. 173, it is provided, that in all pro-
secutions under the aet 20 April 1854 (except in Wyoming
eounty), the iafonner shall be entitled to one-half the



penalty. And by act 8 April 1857 { 1, P. L. 177, the pro-
visions of the act 20 April 1854, are extended to Susque-
hanna county; but by aot 16 May 1857 J 1, P. L. 687,
Uiis is not to be construed to prevent the peddling of
domestic goods mannfaotored within the said county of
Susquehanna.

(a) See tupra note 6. By subsequent acts, the aot
17 April 1846, ia extended to the counties of Lebanon,
Blk, Cumberland, Perry, Carbon, Berks, Luieme, Colum-
bia, Monroe, Mercer, Lancaster, Butler, Union, Somerset,
Bedford, York, Montgomery, Lycoming and Armstrong ;
and also to the county of Fayette, with reference to the
peddling of tin and copper ware. This prohibition, how-
ever, is partially repealed, by various special local statutes,
as to particular counties, for which reference must be had
to the pamphlet laws.

(e) Kxtended to sailors and marines, by aot • April
1868. P. L. 70.

(g) By aot 17 April 1869, this aot is to give no author-
ity to peddle in Lancaster county, unless a license be
granted by the oourt of quarter sessions of that oounty;
and the court is only to grant lioenses to those who were
residents of Lancaster county, at the time of tiieir enlift-
ment P. L. 1180.



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PEDLARS. 1133

14. All itinerant pnrchaseis and traders in glass, rags, paper, scrap metals, old 23 Feb. i87o { i.
clothing and all other refuse matter, in the city of Philadelphia, shall be required ^itlll^
to be licensed as itinerant venders, or purchasers or traders, and shall pay there- J""fT*V*1f*^*7
for the sum of fifty dollars per annum, in advance; and licenses shall issue from tobeikeos^i in'



Online Librarystatutes Pennsylvania. LawsA digest of the laws of Pennsylvania, from the year one thousand seven hundred to the tenth day of July, one thoudsand eight hundred and seventy-two--Brightly's annual digest for 1873 to 1875. Annual digest of the laws of Pennsylvania for the years 1873 to 1875. Together with some laws of older date → online text (page 60 of 179)