Homer & Son v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia county : Of January Term, 1884, No. 169½. This case was, in the court below, an appeal from the judgment of a magistrate of the city of Philadelphia.
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Error to the Court of Common Pleas No. 2, of Philadelphia county : Of January Term, 1884, No. 169½. This case was, in the court below, an appeal from the judgment of a magistrate of the city of Philadelphia. Matthias Homer, Sr., and John Homer, who for years had been trading as M. Homer & Son, engaged in the manufacture‘ and sale of fireworks at No. 47 South Second street, in said city, were arrested, and fined by the magistrate under the fourth section of the Act passed August 26, 1721, entitled, “ An Act for preventing accidents that may happen by fire” (1 Smith’s Laws, 129), which provides…
1Opinion of the CourtJustice Trunkey
Upon the facts admitted and points reserved the real question is, whether or not section 4 of the Act of August 26, 1721, entitled “An Act for preventing accidents that may happen by fire,” has been repealed. The purpose of the Act is stated thus: — “Whereas much mischief may happen by shooting of guns, throwing, casting and firing of squibs, serpents, rockets, aud other fireworks, within the city of Philadelphia, if not speedily prevented: Be it therefore enacted, &o.,” 1 Cary & B. Laws, 157. By the Act of February 9, 1751, provisions similar to those in the Act of 1721, were enacted for all…
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