Pittsburgh v. Brace Bros.
Pittsburgh v. Brace Bros.
Opinion of the Court
Opinion by
The general proposition on which the appellants seek to rest their defence, that the powers of a municipal corporation are confined to its own territorial limits, is too plain for controversjn It can exercise no extra-territorial jurisdiction without some special provision authorizing it: Gilchrist’s Appeal, 109 Pa. 600. But when such special provision exists the act authorized by it may be lawfully done. Within its boundaries a municipal government may undertake to supply its citizens with water or light. When it does so it may enforce the collection of the water rents by the entry of a lien therefor against the real estate upon which the water was furnished; and this lien may be proceeded upon, and the property bound by it brought to sale, in the same manner that is practiced in the case of other municipal liens. By the act of March 7, 1843, sec. 4, it is provided that “ The mayor, aldermen and citizens of Pittsburgh,
The parties were therefore competent to contract upon this subject. They did actually contract, upon the same terms and conditions in use in contracts between the city and its citizens. The water has been furnished by the city and used by the defendants. A lien for the unpaid rents has been entered under the authority of the act of 1843 and the contract between the parties. The defendants stand on the same ground they would occupy if their laundry was inside the city, and can make no defence that would not be open to them in that case.
If the price charged for the water had been properly fixed under general ordinances, and the proceedings have been regu
Reference
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- Municipalities — Power to enforce lien for water outside of limits of city— Act of March 7, 1843, sec. 4. Under the act of March 7, 1843, § 4, P. L. 47, which empowers the city of Pittsburgh “ to recover water rents due and unpaid beyond the limits of the city, as well as within the same, in the same way as city taxes are now recoverable,” the city may furnish water to property outside of the municipal limits, and enforce the collection of the water rents by the entry of a lien therefor against the real estate upon which the water was furnished, according to the contract made with the customer.