Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-08-22

m. Sailors Bethel under the auspices "
tha Christian Association OF Aiexenorls, az
n M, on the wharf at the loot OF hlng street.
FoprsrA1LINa. the case of Jesse Sher:
,nood huckster for forestalling, notice of
which appeared in the Police Report in yester.
davis Gazette, the following opinions OF the
CORPORATION Attorney, and of the Counsel tor
the defence were read alter which the Mayor
made decision, by which all future eases OF q
similar character will be determined
CORPORATION or ALExASDR1A)
JESSE So ERwooD J.
This is prosecution against Sherwood, who
IS huckster to recover from him the penalty
Of five dollars imposed by Sec. s. Of the city
ordinance, concerning the market, which Sec.
s proviGes that no person shall, directly or
indirectly bub during market hours, at the
market house, or, 10 or about the market
SQUARE, for the purpose of being sold again
within the town or elsewhere, any kind OF veg
etables, &C.
70 constitute an offence under this section
there must be 6uWng, and it must be OF the
enumerated articles at the place specified within
the hours mentioned, and for the purpose OF
selling the said articles again, If the case be-
fore us lacks any one Of these elements then
the offence is not complete, and the fine cannot
be imposed. If the articles were not the sub
iect of a bargain and sale at the time and place
prohibited between the original owner and the
huckster, then it cannot be said that the huck
ster did "buy" them in the market, during
market hours, &c. There can be no buying at
certain time and place unless there was cor
responding selling at the same time and place.
Delivery is,not essential to the completion of a
sale, but if the parties agree as to the article TO
be sold, the price to be paid time OF delivery,
payment, &C., the title TO the property lmme
diately passes to the purchaser, and he in law,
and fact did buy" the article at that time and
place. See Parsons on Contracts, vol. /, page
5l9 to SAL. Now if Mr. Sherwood, outside of
market and market hours, contracted for or
bought from any one articles for a stipulated
cash or credit price, then he became the owner
of those things, and the seller has a right to
deliver them to him at any time or place, he
he may direct, because he is delivering to Mr..
Sherwood what is his own, what he has pre-
viously purchased, what the seller had no right
to offer TO sell or deliver to any one else but
what Mr.. Sherwood had a perfect right to sue
the seller for after rendering the money! case
he. the seller, should refuse to deliver the same
to him.
A man cannot buy what already is his own,
and therefore if the articles which were deliv-
cred to Mr.. Sherwood were purchased by him,
or contracted for by him outside of market and
market hours, then they were delivered TO him
as things which he had already bought, as
things to which he was entitled, as things
which were his own, and be could not by any
tortuous system Of reasoning be made to buy
within market and market hours whatealrsady
belonged to him. The law was intended to
prevent hucksters from going through the mar
ket during market hours, and with their larger
means buying up the vegetables, &C., carried
there by producers for miscellaneous Sale and
not to prohibit them from buying and contract
ing outside of market and market hours with
producers and others, for the supplies which
their business needs, which business is licensed.
The law was not intended to prohibit the buck
ster from going out into the country, to Wash
ington or elsewhere, and buying what he re.
CURED. and directing the same to be delivered
to him at his place of business during business
hours. What, q man not allowed to receive
during business hours perishable goods, which
are his own property, and which he purchased
long tetore they were delivered A law for
bidding such thing would be neither wise nor
constitutional The deliveay is not the sale
as there was no sale during market hours, &C.,
then there could have been no "buplng" dur
ing those hours. If these was no buying during
market hours, &c., then Mr.. Sherwood has not
viosted the ordinance in question, and the line
should not be imposed.
Sec 6 of the same ordinance explains sec. 5
in the same way as we have attempted thus
hurriedly to do, by making it an offence to sell
in the market any vegetables, &c, previously
purchased" 'there" that is, in the market.
The words purchased" and there, are used
showing that the buying or contract of sale
must take place in the market, &C., and that
the Council did not contemplate a buying or
purchase or contract of sale which occurred
outside Of the market and market hours.
For these and other reasons, conclude that
the mere delivery, to huckster, at the mar
ket, during market hours of articles which he
may have bargained for outside of market, and
market hours, is not violation of the ordi-
nance cited. Very respectfully,
D. l.. SHOOT,
Attorney for Jesse Sherwood
Hon. IFm. NJ Berkeley, Mayor, &C.
BY the terms of the ordinance respecting
lorestahng, section L hucksters are prohibited
from making certain purchases during market
hours, at the market house.
understand from you that you have dim.
Guilty, IN some cases, in determining what Is
purchase 9arin0 market hours, within the scope