shall not apply to manufacturers or dealers in this state of motor vehicles except as to vehicles kept by such manufacturer or such dealer for private use or for hire. number 81-3 805-485 3. The owner of each and every motor vehicle driv- License ing the same upon the public streets, public roads, turn- displayed. pikes, parks, public parkways, public driveways or other public highways in this state shall have the number of the license issued as aforesaid by the secretary of state upon the back of every such motor vehicle, in a conspicuous place, so as to be plainly visible at all times during daylight, such numbers to be separate Arabic numerals, not less than three inches in height, the strokes to be of a width not less than three-eighths of an inch, and, excepting the numbers upon the lamps, as required by section four of this act, such owner shall not be required to place any other marks of identity upon said motor vehicle. signal device. 81-4 805-486 4. Every motor vehicle shall carry, during the period Lamps; brake; from one hour after sunset to one hour before sunrise, at least two lighted lamps, showing white lights, visible at least two hundred feet in the direction toward which such motor vehicle is proceeding, and shall also exhibit at least one red light visible in the reverse direction; upon the sides or fronts of the two aforesaid lamps showing white lights shall be displayed, in such manner as to be plainly visible when said lamps are lighted, the number of the license issued as aforesaid by the secretary of state, the same to be in separate Arabic numerals, not less than one inch in height; every motorvehicle shall also be provided with good and efficient brake or brakes, and shall also be provided with suitable bell, horn or other signal device. 81-5 805-486 5. The following rates of speed may be maintained, Speed. but shall not be exceeded, upon any public street, public road, or turnpike, public park or parkway, or public driveway, or public highway in this state by anyone driving a motor vehicle: (1) A speed of one mile in six minutes upon the sharp curves of a street or highway and at the intersection of prominent cross roads where such street, road or highway passes through the open country, meaning thereby portions of a town, township, borough or village where houses are more than one hundred feet apart. Proviso. Proviso. Request to stop. Rights of licensee. Proviso. (2) A speed of one mile in seven minutes where such street or highway passes through the built-up portion of a city, town, township, borough or village where the houses are and average less than one hundred feet apart. (3) Elsewhere and except as otherwise provided in subdivisions one and two of this section a speed of one mile in three minutes; provided, however, that nothing in this section contained shall permit any person to drive a motor vehicle at any speed greater than is reasonable, having regard to the traffic and use of highways, or so as to endanger the life or limb or to injure the property of any person; and it is further provided that nothing in this section contained shall affect the right of any person injured either in his person or property by the negligent operation of a motor vehicle to sue and recover damages as heretofore. 6. Every person driving a motor vehicle shall, at request or upon signal by putting up the hand or otherwise from a person riding or driving a horse or horses in the opposite direction, cause the motor vehicle to stop and remain stationary so long as may be necessary to allow said horse or horses to pass. 7. No owner of a motor vehicle who shall have obtained a certificate from the secretary of state as hereinbefore provided shall be required to obtain any other license or permit to use or operate the same, nor shall such owner be excluded or prohibited from or limited in the free use thereof, nor limited as to speed upon any public street, avenue, road, turnpike, driveway, parkway, or other public place, at any time, when the same is or may hereafter be opened to the use of persons having or using other pleasure carriages, nor be required to comply with other provisions or conditions as to the use of said motor vehicle, except as in this act provided; provided, however, that nothing in this section contained shall be construed to apply to or include any speedway created and maintained in pursuance of an act of the legislature of the state of New Jersey entitled “An act to provide for the construction and maintenance of speedways in the counties of this state," approved March nineteenth, one thousand nine hundred and two; nor to any parks or parkways created and maintained in accordance with an act of the legislature of the state of New Jersey ordinances entitled "An act to establish public parks in counties of this state and to provide for the acquirement, improvement and regulation of the same," approved March twentieth, one thousand nine hundred and one; no city, Local town, township, borough or other municipality shall have superseded. power to make any ordinance, by-law or resolution limiting or restricting the use or speed of motor vehicles, and no ordinance, by-law or resolution heretofore or hereafter made by any city, town, township, borough or other municipal or local authority by whatever name known or designated in respect to or limiting the use or speed of motor vehicles shall have any force, effect or validity. 8. Any person driving a motor vehicle the owner of which shall not have complied with the provisions of this act, and which motor vehicle shall display a fictitious number, the same being a number other than that designated for such motor vehicle by the secretary of state, shall, upon conviction, be fined in a sum not exceeding one hundred dollars, and, in default of payment thereof, be punished by imprisonment in the county jail for a period not exceeding thirty days; pro- Proviso. vided, this section shall not be construed to prohibit a motor vehicle displaying the proper number of its license from also displaying any other number for any lawful purpose. Penalty for fictitious displaying number. 83-8 s05-487 racing. 83-9 805-487 for violations. 9. Any person driving a motor vehicle upon any public Penalty for streets, public highways, public roads, turnpikes, parks, public parkways or public driveways in this state in a race or on a bet or wager shall, upon conviction, be fined in a sum not exceeding fifty dollars, and, in default of payment thereof, be punished by imprisonment in the county jail for a period not exceeding twenty days. 10. Upon oath or affirmation made according to law Apprehension that any person has violated any of the provisions of this act, any magistrate of the county where such offense is committed may, within three months after the commission of such offense, issue process in the nature of a summons or warrant, in his discretion, at the suit of any person, to the use of the overseer of the poor of the city, town, township or borough where such offense is committed, against the person so charged, which process shall, when in the nature of a warrant, be return Hearing before magistrate. Authority to arrest without warrant. 84-11 805-487 Deposit to secure adjournment. able forthwith, and when in the nature of a summons, in not less than three nor more than ten days; such process shall state what section or provision of this act is alleged to have been violated by the defendant, and the time and place of such violation, and on the return of such process, or at any time to which the trial may be adjourned, the magistrate before whom said complaint shall be made shall proceed to hear the testimony and to determine and give judgment in the matter without the filing of any pleading; if the magistrate before whom such trial is had shall find the defendant guilty, he shall give judgment for the penalty mentioned in the section or provision herein violated, and such costs as are allowed in the justice's court in like proceedings for collection of penalties; in default of the payment of the judgment and costs, the defendant so convicted may be sentenced to the county jail for such period as is provided for in this act. II. Any constable or police officer is hereby authorized to arrest, without warrant, any person driving a motor vehicle contrary to the ninth section of this act, and to bring the person so offending before any magistrate of the county where such offense is committed; the person so offending shall be detained in the office of such magistrate until the officer making such arrest shall make oath or affirmation, which he shall do forthwith, as provided in section ten of this act, whereupon such magistrate shall issue a warrant returnable forthwith; the said magistrate shall proceed to hear and determine said complaint and give judgment or adjourn the hearing of said complaint, as provided by sections ten and twelve of this act. 12. The magistrate before whom a complaint is made shall adjourn the hearing of said complaint for a time not less than three days and not exceeding ten days, if the defendant shall so request, and shall deposit the sum of fifty dollars as security to appear at the date to which such hearing may be adjourned; and if the said defendant does not appear at the time mentioned, then the said sum deposited shall be forfeited, and the balance thereof, after the payment of the costs, shall be paid to the overseer of the poor for the use of the poor of the city, town, township or borough where the offense is committed. rant against non-resident of county. 13. If a person violating any of the provisions of When warthis act shall be or reside in any other county of this state than that in which said warrant shall be issued, the magistrate issuing the same shall, in writing, thereupon direct that the sum of fifty dollars be deposited as security by any party so charged, and it shall be the duty of the party serving the same to carry it to some magistrate of the county wherein such person resides or can be found; the magistrate to whom the same shall be presented, on proof being made to him of the handwriting of the magistrate who issued such warrant, shall endorse his name thereon with an authority to arrest such person in the county where the magistrate so endorsing resides, which shall be sufficient authority to execute such warrant in the county where it shall be endorsed. apprehension. 14. The party so charged being apprehended shall be Action upon taken before the magistrate who endorsed said warrant, or some other magistrate of the same county who may, and, if tendered, shall take from such person a deposit of fifty dollars in cash to secure the appearance for trial of said defendant before the magistrate who issued said warrant, and thereupon the person so apprehended shall be released from the custody of the officer arresting him; the date of said trial shall be fixed by the magistrate accepting said deposit, and the sum so received by him. shall be turned over to the magistrate issuing the warrant, to be retained and disposed of as provided in section twelve of this act in default of the appearance of the person so charged. appeal. 15. Any party to any proceeding instituted under this Right of act may appeal from the judgment or sentence of the magistrate to the court of common pleas of the county. in which the said proceedings shall take place; provided, Proviso. that the party appealing shall, within fifteen days after the date of the said judgment, file a written notice of appeal, pay the costs of such proceedings and deliver to the magistrate a bond to the overseer of the poor of the city, ward, town, township or borough in double the amount of the judgment and costs, with at least one sufficient |