Commonwealth v. Wilkins
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Essex, alleging that the defendant, on October 9, 1875, did, with a certain vehicle, occupy a stand within the limits of the market of the city of Salem; and, after being ordered by the clerk of the market to remove therefrom, refused so to do, and remained therein for the ¿pace of an hour thereafter.
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Complaint to the First District Court of Essex, alleging that the defendant, on October 9, 1875, did, with a certain vehicle, occupy a stand within the limits of the market of the city of Salem; and, after being ordered by the clerk of the market to remove therefrom, refused so to do, and remained therein for the ¿pace of an hour thereafter. The complaint was founded upon an ordinance of the city of Salem, passed August 17, 1853, the third section of which is aa follows: “ The clerk of the market, under the direction of the mayor and aldermen, shall have the control of all carts, wagons and…
1Opinion of the CourtGray, C. J.
The power conferred by the Legislature upon
the city council to pass by-laws and ordinances is limited to such as are reasonable, and the penalties prescribed by which do not exceed twenty dollars for one offence. Austin v. Murray, 16 Pick. 121. St. 1836, c. 42, § 20. Gen. Sts. c. 18, § 11; c. 19, § 2. A by-law or ordinance, imposing a penalty which may exceed this limit, is beyond the power conferred by the Legislature, un ■ reasonable, and wholly void. The ordinance before us undertakes to authorize the imposition of a penalty of not less than one dollar, nor more than five dollars, for…
2Cases cited1 opinion
- Mayor of New-York v. OrdrenanNew York Supreme Court · 1815
3Cited by3 opinions
- Cox v. SegeeMassachusetts Supreme Judicial Court · 1910
- State v. . JohnsonSupreme Court of North Carolina · 1894
- Commonwealth v. BraskMassachusetts Supreme Judicial Court · 1968