Commonwealth v. Brinton
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 96 July Term 1889, Sup. Ct.; court below, No. 817 December Term 1885, C. P. No. 1. On December 22, 1885, in a qni tam action before a magistrate in the name of the commonwealth, ex relatione Henry Levy, against William L. Brinton, wherein was claimed “ $50 Penalty for Peadling without a License on an Act of Assembly April 2, 1880,” judgment was entered for tbe plaintiff for $50 and costs.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 1 OF PHILADELPHIA COUNTY. No. 96 July Term 1889, Sup. Ct.; court below, No. 817 December Term 1885, C. P. No. 1. On December 22, 1885, in a qni tam action before a magistrate in the name of the commonwealth, ex relatione Henry Levy, against William L. Brinton, wherein was claimed “ $50 Penalty for Peadling without a License on an Act of Assembly April 2, 1880,” judgment was entered for tbe plaintiff for $50 and costs. From this judgment tbe defendant took an appeal to the Court of Common Pleas. Issue. At the trial on December 31, 1888, it…
1Opinion of the Court
Opinion;,
Mr. Justice Williams:
This was an action for the recovery of a peualty of $50, for peddling in the city of Philadelphia without a license. The first question for consideration is, whether such a penalty is imposed by the acts of assembly relating to this subject; and this question has been discussed on both sides as though it depended wholly on the act of April 2, 1830. This is not the *72case. Our legislation on this subject may be said to begin with the act of March 30, 1784, which quaintly asserts that “ many idle and vagrant persons may come into this state, and, under pretense of…
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