110 Pa. 297 | Pa. | 1885
delivered the opinion of the court,' October 5th, 1885.
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 Act, to ascertain the legislative intent. The magistrate is named, and the Act does not clothe the burgesswitli the general jurisdiction of such magistrate, nor does it' expressly authorize proceedings before him for the recovery offices and penalties. Not contending that the burgess has the civil jurisdiction of a justice of the peace, the plaintiff urges-that he is vested with the criminal jurisdiction, and therefore-this proceeding was begun before the proper officer. In support of the claim reference is made to the third paragraph of section 5 of the Act: The burgess shall have power “to exercise the powers, jurisdiction and authority of justices of the peace, within the borough, for the suppression of riots, tumults, disorderly meetings; and in all criminal cases for the punishment of vagrants and disorderly persons he shall be entitled to the same fees for like services.” This is quoted as printed in the pamphlet laws; it is differently punctuated in Purdon’s
The Statute makes the burgess the chief conservator of the public peace, and to the end that he may maintain order and peace in the borough, he is empowered to act as a justice of the peace to suppress disorder and to punish vagrants and disorderly persons. This accords with the twenty-first paragraph of the second section, which authorizes the proper corporate officers, or justices of the peace within the borough, to commit persons to the lock-up house for temporary detention not exceeding the period of forty-eight hours at one time. It is the duty of the burgess to enforce the ordinances, hear complaints, remove nuisances, exact faithful performance of duties by appointed officers, and exercise jurisdiction in all disputes between the corporation and individuals arising under the ordinances and regulations. These duties are executive. However extensive the authority entrusted to him, taking into view the entire Statute, it is plain that the burgess has no jurisdiction as an inferior court to .adjudge civil causes. The corporate officer who is to take care that the by-laws and ordinances shall be faithfully executed and enforced, is not made the judge to hear and determine suits for fines and penalties imposed for violations of the ordinances.
At the argument reference was made to the case of Reid v. Wood, 102 Pa. St., 312, where the proceeding was to recover a fine for violation of an ordinance of the borough of West Chester. The judgment was reversed because the record did not show that the defendant had done anything prohibited by law or ordinance. But the decision has no tendency to support the proposition that under the Borough Law of 1851, suits for fines and penalties may be brought before the burgess, or
Judgment affirmed.