Phillips v. Allen
| Decision Date | 04 February 1862 |
| Citation | 41 Pa. 481 |
| Parties | Phillips <I>versus</I> Allen. |
| Court | Pennsylvania Supreme Court |
There was no enactment by the legislature expressly authorizing the forfeiture of the baskets, or other articles not stamped or marked according to the provisions of an ordinance of the city of Philadelphia, of the 1st October 1858; and this being the case, the Select and Common Councils have no power to inflict any such punishment in this form. They may impose fines, or penalties, or pecuniary forfeitures, which are simply penalties, and their recovery is authorized by the Acts of the 15th April 1835, 29th June 1839, and 11th March 1846.
A corporation, created by act of parliament, cannot make such a law, unless the power be especially given by the act: 2 Kyd on Corporations 110; and in general the rule is, that a by-law, without an express act of parliament, can only be enforced by a pecuniary penalty, which must be certain: Grant on Corporations 84. We think this power should be given to the city of Philadelphia.
Judgment affirmed.
To continue reading
Request your trial
-
Jackson s v. South Omaha Live Stock Exchange
...City of Detroit, 31 Mich. 458; State v. Chamber of Commerce of the City of Milwaukee, 20 Wis. 63; Williams v. Lowe, 4 Neb. 382; Phillips v. Allen, 41 Pa. 481; Barter Commonwealth, 3 Pen. & W. [Pa.] 253; Benson v. Mayor of the City of New York, 10 Barb. [N.Y.] 224; State v. Doherty, 60 Me. 5......
-
Village of Ashley v. Ashley Lumber Co.
...Finnegan v. Allen, 46 Ill.App. 553; 2 McQuillin, Mun. Corp. § 806; High, Inj. § 788, 4th ed. 748; Hudson v. Thorn, 7 Paige, 261; Phillips v. Allen, 41 Pa. 481; Eden, Inj. Schuster v. Board of Health, 49 Barb. 450; Grant, Corp. 84; Lake View v. Letz, 44 Ill. 81; Ottumwa v. Chinn (Iowa) 39 N.......
-
Dennis v. Mayor and City Council of Rockville
...forfeiture of Property or rights without express legislative authority,' citing State v. Ferguson, 33 N.H. 424, and Phillips v. Allen, 41 Pa. 481, 82 A.M.Dec. 486, JUDGE DILLON states the law in the same way, in his work on Municipal Corporations, Vol. 1, sec. 336; and McQuillan on Ordinanc......
-
Fischer v. American Legion of Honor
...Fund v. Allen, 106 Indiana, 593; Com. v. Gill, 3 Wharton, 228; The Case of Philadelphia Savings Institution, 1 Wharton, 461; Phillips v. Allen, 41 Pa. 481; Kentucky Mut. Life Ins. Co. v. Miller, 13 Bush (Ky.), 489; Legion of Honor v. Perry, 140 Mass. 580; People v. Kip, 4 Cowen (N.Y.), 382.......