Commonwealth v. Thompson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Warren county: Of January Term 1885, No. 847. This was in the court below a certiorari to the Burgess of Clarendon Borough.
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Error to the Court of Common Pleas of Warren county: Of January Term 1885, No. 847. This was in the court below a certiorari to the Burgess of Clarendon Borough. The record disclosed the following facts : On July 12th, 1884, L. L. Thompson was arrested, and at the hearing before the burgess pleaded guilty, and was sentenced to pay one hundred dollars fine, and costs of prosecution, for keeping nitro-glycerine within said borough, contrary to an ordinance providing, inter alia, as follows: Sec. 18. it shall not be lawful for any person or persons to store, house, convey, transport, carry or…
1Opinion of the CourtJustice Trunkey
It is admitted that the principal question is “ whether the burgess of a borough has jurisdiction to impose fines foroffences arising from violation of borough ordinances, under the general borough law of April 3rd, 1851, P. L. 320.” If he has not, there is no occasion to consider the validity of the ordinance ; nor whether the remedy for recovery of the penalty may be by a summary proceeding.
Section 32 of said Act provides that “fines and penalties under the ordinances of the borough shall be recoverable before any justice of the peace of the borough.” This should be noted iu reading the…
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