81 N.J.L. 315 | N.J. | 1911
The opinion ox the court was delivered by
These cases were argued together and are alike except that Chasan was delivering goods in Jersey City as the agent of the United States Express Company, which had been transported from points outside of the State of New Jersey to Jersey City, and Manheim was carrying goods for the express company from consignors in Jersey City addressed to consignees without the state. Both defendants were convicted under an ordinance of Jersey City, section 1 of which provides that no person shall be permitted to drive a horse attached to a business vehicle of any kind without first obtaining a license. Section' 2 provides that no person shall drive any such vehicle without a permit unless he shall have been a resident of Jersey City for three months or is under eighteen jrears of age. Section 3 fixes the license fee at one dollar for the first year and fifty cents for each renewal. Section 4 prescribes the penalty for violation to be $5 for each offence.
The first point urged by the prosecutor is that the ordinance is not justified by the power delegated to Jersey City under its charter or other law applicable. The power contained in the charter is to license and regulate hawkers, peddlers, hucksters, butchers, slaughter-houses, markets, auc
The conviction and the proceedings on which they are based are set aside in both eases, with costs.