Ex parte Taylor

Citations

• 87 Cal. 91
• 25 P. 258
• 1890 Cal. LEXIS 1099

Syllabus

<p>Municipal Ordinance — Regulation of Streets — Obstruction of Sidewalk— Constitutional Law. —An ordinance of the city of San José forbidding the obstruction of a sidewalk, and prescribing a penalty for refusal to remove the obstruction upon notice prescribed to be given by certain municipal authorities, such penalty being of the same character, though less in degree, as that prescribed by the general law, is valid, and not in conflict with the constitution or with the general law.</p> <p>Id. —Legalization of Obstruction — Revocation of Authority — Public Offense. —Municipal corporation'may legalize a partial obstruction of street or sidewalk which would otherwise be a public nuisance; but when it changes its ordinance so as to revoke the authority, and declare the obstruction unlawful, the obstruction is no longer legal, and the continuation of it thereafter constitutes a public offense, for which the party persisting therein is amenable to law.</p> <p>Id. — Habeas Corpus — Jurisdiction of Justice’s Court.—When the complaint for the violation of a municipal ordinance states facts which constitute a public offense, both under the ordinance and under the general statute, and both the offense and the penalty are within the jurisdiction of the justice’s court, and the judgment is not in excess of that authorized by the general statute, the prisoner committed for such offense cannot he discharged on habeas corpus, whether the ordinance is valid or not.</p> <p>Prescription — Obstruction of Sidewalk.— No right can he acquired by prescription to maintain an obstruction to a sidewalk in a street of a town or city.</p>