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· 5/15/1896

Gray v. Mayor of Wilmington

Citations

  • 16 Del. 257

Syllabus

<p>Municipal Corporation. License.—The power to demand a license from persons engaged in the sale of milk is not necessarily implied from authority granted by a municipal charter to provide against its adulteration and for its inspection.</p> <p>Same.—-The City Council of Wilmington has no authority under its charter either expressly granted or necessarily implied to impose or require a license from persons engaged in the milk trade.</p> <p>Same, Ordinance,—When a municipal charter provides that the Council shall not have power to pass any ordinance exempting any person from the operation of any ordinance or municipal regulation a municipal ordinance requiring payment of a license fee by all persons engaged in the milk trade, but exempting those who sell less than twenty quarts per day, is invalid.</p>

Judges: Lore

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