53 Pa. 280 | Pa. | 1867
The opinion of the court was delivered, by
This was an amicable action and case stated for the purpose of determining whether the defendant was liable to the borough under the Ordinance of the 23d of August 1853, to pay for grading and paving the sidewalks or footway in front of her lot in said borough. It is presumable that many pavements have been laid down under the authority of this ordinance before the dispute arose in this case; but we do not learn that the power of the borough authorities to pass such an ordinance has heretofore been disputed. We have no trace of it in judicial proceedings at all events.
The case stated finds that Greensburg was incorporated by Act of Assembly of February 9th 1799, “ with full power and authority (to the burgesses and assistant burgesses, or a majority) to make such ordinances, rules and regulations as may be necessary for improving and keeping in order the streets and alleys within said borough, and removing nuisances or obstructions therefrom * * * * * and also to assess, levy and collect a tax for such purposes, and shall have all other powers necessary for the well ordering and better government of said borough:” “ Provided, that the said ordinances shall not be repugnant to the constitution and laws of the Commonwealth.”
The jurisdiction of the authorities of this borough over its streets and alleys for the purposes of improvement and repair is thus clearly defined and ample. But it is asserted by the defendant in error that this is all to be accomplished at the general expense, by means of taxation, and that no part may be done by force of ordinances operating on individual property-owners. I do not agree to this. The burgesses and assistant burgesses have the express right corporate to make such ordinances, rules and
The assessment or charge against the defendant for the grading and paving in question was not a tax, Pray v. The Northern Liberties, 7 Casey 69, and does not conflict with the limit upon the authorities as to the extent of tax they may lay in any one year.
The judgment must therefore be reversed, and judgment be entered for the plaintiff. ■ >
And now, to wit, January 7th 1867, the judgment entered in the Court of Common Pleas of Westmoreland county in favor of the defendant on the case, stated in this case is reversed and set aside; and judgment is now here entered on the same in favor of the plaintiff for $185.15, with interest from the 15th day of June 1865, and costs of suit.