174 Pa. 19 | Pa. | 1896
Opinion by
This was an action brought before a justice of the peace under the act of May 21, 1885, to recover a penalty for the unlawful .sale of oleomargarine. It was so proceeded in that judgment was regularly rendered against the defendent for the statutory penalty of $100. He then appealed to the court of common pleas of Allegheny county, and filed a transcript of the proceedings had before the justice in the office of the prothonotary of that court. The appeal so taken and filed was subsequently •struck off for the reason that it had not been allowed, for cause shown, by either the said court or a judge thereof. This action •of the court of common pleas is what is now complained of. Prior to the adoption of the present constitution this appeal from •a judgment for a penalty would have been regular. The question had been so decided in several cases, among the earliest of which is Commonwealth v. Bennett, 16 S. & B. 243. But there were many cases in which the judgment of the justice whether upon a summary conviction or in an action for a penalty was final. No review was possible except upon certiorari, and then only of the regularity of the proceeding. This want of uniformity in
Whatever effect the words “to be recovered as debts of like amount are by law recoverable ” had, or were entitled to have, prior to the adoption of the present constitution when there was no constitutional provision relating to the subject of appeals and no general statutory regulation applicable to summary convictions and judgments for penalties, they cannot now be allowed to override the express provisions to which we have referred. They give the form of procedure before the magistrate of the judgment and of the execution process, but they cannot give by implication what the constitution has expressly denied.
The assignments of error are overruled and the judgment affirmed.