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1 Grant 438

Chess v. Birmingham

Supreme Court of Pennsylvania

Decided November 23, 1857

Supreme Court of Pennsylvania · decided 1857-11-23

The plaintiffs in error were defendants below. This was an action of debt commenced before Wm. Symmes, Esq., on the 6th June, 1856, by the burgess and town council of the borough of Birmingham, against David Chess, Robert Wilson and Thompson Hull, to recover $6 license on three one-horse carts, and penalty of $5, for violation of the hereinafter recited ordinance of said borough.

Decided 1857-11-23

¶1The opinion of the court was delivered

by Lewis, C. J.

¶2— The legislature have as much power to authorize municipal corporations to levy a tax, or take toll for the purpose of keeping the streets in repair, as they have to authorize a turn-' pike company to do the same thing. In this case, it is clear that the plaintiffs in error are within the meaning of the ordinance, and that the ordinance is in strict conformity with the act of assembly. We are equally clear that the act is constitutional.

¶3Judgment affirmed.

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