Commonwealth v. Wilkins
Cases that cite this one
3 later published cases cite this decision.
- Commonwealth v. Brask (Mass. 1968)
- Cox v. Segee (Mass. 1910)
- State v. . Johnson (N.C. 1894)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The power conferred by the Legislature upon the city council to pass by-laws and ordinances is limited to such as are reasonable, and the penalties prescribed by which do not exceed twenty dollars for one offence. Austin v. Murray, 16 Pick. 121. St. 1836, c. 42, § 20. Gen. Sts. c. 18, § 11; c. 19, § 2. A by-law or ordinance, imposing a penalty which may exceed this limit, is beyond the power conferred by the Legislature, un ■ reasonable, and wholly void. The ordinance before us undertakes to authorize the imposition of a penalty of not less than one dollar, nor more than five dollars, for every hour that a person shall keep his wagon in the market, without authority of the clerk of the market, after notice to remove and until actual removal. The offence thus punished is a single continuous offence; and the ordinance, affixing a penalty which, computed according to its terms, may exceed twenty dollars for a single offence upon one and the same day, is void. Mayor, ¿-a. of New York v. Ordrenan, 12 Johns. 122. It is therefore unnecessary to consider the other objections to the conviction.
Verdict set aside.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.