Siciliano v. Neptune Tp.

• Decision Date: 01 July 1912
• Citation: 83 N.J.L. 158,83 A. 865
• Parties: SICILIANO v. NEPTUNE TP.
• Court: New Jersey Supreme Court

83 A. 865

83 N.J.L. 158

SICILIANO

v. NEPTUNE TP.

Supreme Court of New Jersey.

July 1, 1912.

(Syllabus by the Court.)

Certiorari prosecuted by Felice Siciliano to review ordinances of the Township of Neptune in the County of Monmouth. Conviction of prosecutor of violating the ordinances set aside.

The prosecutor has procured to be allowed two writs of certiorari, each removing an ordinance passed by the township committee of the township of Neptune entitled: "An ordinance requiring licenses for delivery automobiles, motor trucks, motor vehicles and express wagons, fixing fees therefor, and penalties for using the same without such licenses, in the township of Neptune in the county of Monmouth." The return to one of the writs sets forth the ordinance and the proceedings of the township committee in passing it. The return to the other writ shows a complaint made before a justice of the peace by the license collector of the township, charging the prosecutor with violating the provisions of the ordinance by engaging in the business of driving an express wagon and delivering express matter without a license from said express wagon, contrary to section 1, paragraph B, and section 6 of the ordinance aforesaid. The portions of the ordinance essential to the case read as follows: "1. No person or persons, corporation or company shall engage in or pursue the business of delivering goods, wares, merchandise, or express matter into or within the township of Neptune unless he, they or it shall first obtain a license and pay therefor the fee hereinafter prescribed and provided, to wit: (a) For each and every automobile, motor truck, or motor vehicle used in the business of delivering goods, wares and merchandise not in the express business the sum of twelve dollars. (b) For each and every express wagon or motor vehicle used in delivering express matter the sum of one hundred dollars. * * * 4. The driver of each and every delivery automobile, motor truck, motor vehicle, or express wagon for the use or employment of which a license fee is hereinabove prescribed and provided, in the event that no license shall have been obtained therefor by the owner or owners thereof, shall be subject to the provisions of this ordinance and to the penalties for a violation thereof, whether he be the owner thereof or not. 5. All the above mentioned license fees are hereby imposed for the purpose of revenue. 6. Any person who shall violate any section or part of this ordinance shall on conviction thereof forfeit and pay to the township of Neptune in the county of Monmouth such sum not exceeding one hundred dollars as may be fixed by the justice of the peace before whom the proceeding for such violation may be instituted, and in default of payment thereof said justice may commit such person to the county jail until...