The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-09-06

III ACL~ 10 pTEVEHI anu PUTTSH ITduU III
sales of Wearing apparel at public pr
private sales by itinerant vendors and
to regulate all such sales.
eral Assembly Of the State Of New Jer-
sey, That the words wearing apparel"
for the purpose of this act, shall be con-
strued to mean and include all kinds of
clothing, underwear, hats and shoes.
2. And be 1T enacted, That the wordS
;itinerant venders," for the urposes of
this act shall be construed to mean and
include all persons, both principals and
agents, who Engage In a temporary or
transient business in this state, either in
one locality or travelling from place to
kplace, selling wearing apparel as specitied
in section one of this act.
Il 3. And be it enacted, That this act shall
not apply to sales made to sdealers by
commercial travellers or selling agents,
in the usual course of business, nor to
bona sfide sales of goods, wares and mer-
~chapdise by sample for future delivery.
or to hawkers on the street. or to pedd-
lers from vehicles or baskets or packs
carried on the back. or to sheriffs. con-
stables or other public officers selling
goods, wares and merchandise according
a. And be it enacted. That whereas GER
tain e~Vil-disposed n irresponsible per-
sons nave been in the habit of engaging
in business in this state as itinerant Vend
ers of wearing apparel. and by fraud
ulent and deceiful practices in advertis-
ing and conducting their business have
greatly ~defrauded and damaged the peo-
pie of the state; now therefore,
5. And be it enacted, Tha every timer
ant yender who shall sell or expose Tor
sale, at public or private sale, any arti-
cles of wearing apparel without state and
local license therefor, issued as hereinaf-
ter provided, shall be guilty of a misde-
meanor and shall be fined not more than
fifty dollars, or imprisonment not more
than sixty days, or both,
6. And be it enacted, That all persons,
circular, hand-bill. newspaper or asny
other manner advertise any such sales as
referred to in the section last preceding,
the vender. shall be guilty of a misde-
meanor and shall be fined not more than
fifty dollars, or Imprisoned not more than
sixty days, or both.
Z. And be it enacted, Tha it shall be
the duty of every itinerant vender,
whether principal or agent, before com
msneins and Pdsinf local 70 lice licsp ees a in h1a'e the he
manner hereinafter set forth. but
herein contained hall eff
feet the right of any municipal corpo-
ration to pass such additional ordinances
relative to itfnerant vendors as may be
permissible under the general law, or
under their respective charters.
8. And be 1t enacted, That every iJin-
Grant vender desiring to do business in
this state shall deposit with the treasurer
of the state the sum of five hundred dol
lars as a special deposit; and after sach
deposit, upon application in proper form
and the payment of a further sum of
twenty-five dollars as a state license fee.
the state treasurer shall issue to him an
itinerant vendors license, authorizing him
to do business in this state in conformity
with the provisions of this act for the
term of one year from the date thereof;
every license shall set forth a copy of
the application upon which it is granted;
such license hall not be transferable
nor give authority to more than one Der
son to sell goods as an itinerant vender,
either by agent or clerk, or in any other
way than in his own proper person, but
licensee may have the assistance of one
or more persons in conducting his bust
ness, who shall have authority to aid
their principal, but not to act for or with
out him.
9. And be it enacted, That all applica-
ton for licenses shall be sworn to, shall
disclose the names and residences of the
owners or parties in whose interests alaid
business is conducted, and shall be lept
on file by the state treasurer, and a re-
cord shall be kept by him of all ~licertses
issued upon such application; all files and
records both of the state treasurer and of
the respective town or city clerks, shall
be in convenient form and ope for Iub-
lie inspection.
10. And be it enacted, That before sell
ing under said state license, every ititier-
ant vender shall exhibit the same to the
clerk of each town or city where he pro-
poses to make sales, and upon payment to
said clerk a further local license fee of
five dollars, and the proof of payment of
all such other license fees, if any, as
are legally chargeable upon local ales,
the said clerk shall record the state
license in full. shall endorse upon it the
words local license fees paid" and shall
affix his official signature, together with
the date of such endorsement; he shall
then issue, a local license authorizing
sales within the limits of such town or
city; any failure to obtain a local license
and have proper Endorsements made on
the state license shall be subjected to the
same penalty as though no state license
had been issued.
Ii. And be it enacted, That no itinerant
vender shall advertise, represent or hold
forth any sale as an insurance, bankrupt
syndicate insolvent, assignee, trustee, es-
closing out sale, or as a sale of any
goods damaged by smoke, fire, water or
otherwise, or in any similar form, un-
oath to the state treasurer, either in the
original application for a state license or
in a supplementary application, subse-
quently filed and copied on the license,
the details of said bankruptcy, insol-
yency, trusteeship, closing out, damage,
and so forth, such details to include and
cover all the facts relating to time, place,
exactly locate n fully identify the
same.
Z. And be it enacted, That all state
licenses issued by the treasurer under
this act shall expire one year from the
date thereof, and may be, II so desired,
surrendered at M time prior thereto
for cancellation; upon the expiration and
return or surrender of each state license
the treasurer shall cancel the same and
endorse the date of delivery and cancella-
ton thereon, and place the same on file;
he shall then hold the special deposit of
each Hcensee hereinbefore mentioned for
the period of sixty days, and after salts
flying any and all claims made upon the
same as hereinafter provided shall re-
turn said deposit of such portion of the
same, If any, as may remain in his hands
to the licensee depositing it; each deposit
made with the treasurer as aforesaid
shall be subject, so long as it remains in
his hands, to legal process in behalf of
creditors whoseclaims arise in connection
with the business of the licensee as an
itinerant vender; such deposit shall also
be subject to the paymen of any and all
fines or penalties incurred by the licensee
through violation of this act, and the
clerk of the court in which, or the trial
Justice by whom, such fine or penalty is
imposed, or the officer or other person
prosecuting for such fines or penalties
Shall thereupon notify the treasurer of
the name of the ~licensee against whom
such fine or penalty is adjudged and of
the treasurer. If he has in his hands a
sufficient sum deposited by such licensee,
shall pay thesum so specified to said
clerk or trial justice. and if the treasurer
shall not have a sufficient sum so de-
posted he shall make payment as afore-
said of SO much as he has in his hands;
all claims upon said deposit shall be
satisfied after judgment, fine or penalty
in the order in which notice of the claim
is received by the treasurer, until all
s1,oh 2cisfsns are satisaafd ~ the deposit
exhausted, but no notice filed after the
eApiraQon OF sixty days limit afore-
said shall be valid; no deposit shall be
Maid over by the treasurer TO licensees so
long as there are any outstanding claims
or notice of claims against them respective
ly unless he is satisfied that such claims
viii NOT be prosecuted to ina JUDGMENT
or that no fine or penalty will be imposed;