OF THE MARKETS AND TRADE RIGHTS OF THE COSTERMONGERS, AND OF THE LAWS AFFECTING THEM.
The next point of consideration is what are the legal regulations under which the several descriptions of hawkers and pedlars are allowed to pursue their occupations.
The laws concerning hawkers and pedlars, (50 Geo. III., c. 41, and 6 Geo. IV., c. 80,) treat of them as identical callings. The “hawker,” however, is, strictly speaking, one who sells wares by _crying_ them in the streets of towns, while the _pedlar_ travels _on foot_ through the country with his wares, not publicly proclaiming them, but visiting the houses on his way to solicit private custom. Until the commencement of the present century--before the increased facilities for conveyance--the pedlars were a numerous body in the country. The majority of them were Scotchmen and some amassed considerable wealth. Railways, however, have now reduced the numbers to insignificance.
Hawkers and pedlars are required to pay 4_l._ yearly for a license, and an additional 4_l._ for every horse or ass employed in the conveyance of wares. The hawking or exposing for sale of fish, fruit, or victuals, does not require a license; and further, it is lawful for any one “being the maker of any home manufacture,” to expose it for sale in any fair or market, without a warrant. Neither does anything in either of the two acts in question prohibit “any tinker, cooper, glazier, plumber, harness-mender, or other person, from going about and carrying the materials proper to their business.”
The right of the costermongers, then, to “hawk” their wares through the streets is plainly inferred by the above acts; that is to say, nothing in them extends to prohibit persons “going about,” unlicensed, and at their own discretion, and selling fish, vegetables, fruit, or provisions generally.
The law acknowledges none of the street “markets.” These congregatings are, indeed, in antagonism to the municipal laws of London, which provide that no market, or public place where provisions are sold, shall be held within seven miles of the city. The law, though it permits butchers and other provisionmongers to hire stalls and standings in the flesh and other markets, recognised by custom or usage, gives no such permission as to street-trading.