Pleasantville weekly press. (Pleasantville, N.J.) 1890-1911, 1907-08-10
POSTAL gARD IND WAGON SALE @ BEER DECLARED IOB[ ILLEGAL
TuHci in Liquoln TuvnTh

order received, II the liquor is sent
Dy common carrier from the place
wherein the seller is licensed to sell
consigned to himself or his employee
at Pleasantville and received and de-
ilvered by him or his employee to
persons there either for cash or on
credit, it is sale within the Borough
Of Pleasantville and liz a violation Of
the law.
(5) Irrespective OF how, when or
where the bargain is made or the
order received, if the liquor is sent by
a common carrier consigned to the
buyer for cash or on credit and for.
i warded and delivered in Pleasaptville
by said carrier or even by the vender
himself, 1T is not sale within the
Borough and Is not a violation of
the law.
(6) Irrespective OF how, when or
where the bargain Is made or the
order received, II the liquor is sent by
a common carrier consigned to the
buyer and delivered In PleasantyiIle
by said carrier COD, 1t is not a sale
within the Borough and is not a vio-
lation of the law.
~ In the last two cases, however,
II the contract OF sale requires the
seller to deliver the goods to the
buyer In Pleasantville. or to pay the
freight or cost OF transportation to
the buyer in Pleasantville, 1t is then a
sale within the Borough and is a
violation OF the law.
If the order for the purchase IL
given to an agent who has NO au-
thority to sell, which order Is for
warded to the principal for approval,
the contract is considered to be made
at the place where the seller ratifies
the same. AS has already been
shown. however, the place OF making
the contract is not important in the
sale OF unascertained goods from
stock and therefore, though the order
be given in the above manner. which
| understand to be the usual method
employed In Pleasantville by the per
sons complained OF, still, II the goods
are delivered in any Of the ways here
inbefore set forth in paragraphs 8, 4
and Z, 1t is sale within the Borough
and is a violation OF the lav.
Any person violating the law as
above set forth is guilty in the words
Of the statute"of keeping disorderly
house" and is so, strange as it may
seem, even though the offence is COM
mitted from wagon or by other
similar means. Any person executing
an essential part OF the transaction
constituting the offense is guilty of
the offense and subject to prosecu-
tion. In those cases wi here an Illegal
sale takes place through an agent
both the vender and hls agent may
be prosecuted. "
The Borough act clearly defines the
duties OF the Mayor and Council In
the matter. Section 10 provides that
"It shall be the duty Of the Mayor to
see that the laws OF the State and
the ordinances of the Borough are
faithfully, executed" and since he has
taken an oath to perform that duty
1t would seem incumbent upon him
to do SO. 1t is Councils duty to
assist him in the performance OF this
office. Any violation Of the above
law, however, is public offense and
may be prosecuted upon the COM
plaint OF any other person choosing
to make such complaint.
Trusting that | have made myself
clear on this subject, beg to remain,
Most respectfully yours,
j. EDWARD AsHMEAD.