Mayor v. Davis
Supreme Court of Pennsylvania
ERROR to the Common Pleas of the county of Philadelphia. This was an action of debt, instituted before the mayor of the city of Philadelphia, to recover the penalty of six dollars, for an alleged violation of an ordinance of the city, passed 28th May 1835, entitled “A supplement to an ordinance relating to markets.”
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ERROR to the Common Pleas of the county of Philadelphia. This was an action of debt, instituted before the mayor of the city of Philadelphia, to recover the penalty of six dollars, for an alleged violation of an ordinance of the city, passed 28th May 1835, entitled “A supplement to an ordinance relating to markets.” The said ordinance is as follows : “ That from and after the passing of this ordinance, the penalty imposed upon any person or persons for selling beef in the western moieties of the market-houses in High street, west of Delaware Fourth street, shall be six dollars, recoverable…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
So far as statutes for the regulation of trade impose fines or create forfeitures, they are doubtless to be construed strictly as penal, and not liberally as remedial laws. Of this stamp are revenue laws, and laws for the registry of ships, as was held in Hubbard v. Johnston, (3 Taunt. 377), and of the same stamp is at least one of the laws for the regulation of this market, so far as the corporation is empowered by it to enforce obedience *277to it by the infliction of a penalty. But it cannot be maintained that a penal statute is to be…
2Cited by8 opinions
- Paul v. GrimmSupreme Court of Pennsylvania · 1895
- Commonwealth v. WitmanSupreme Court of Pennsylvania · 1907
- York City v. HattererSuperior Court of Pennsylvania · 1911
- Sumption v. RogersSupreme Court of Pennsylvania · 1913
- United States v. LuceroNew Mexico Supreme Court · 1869
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