York City v. Hatterer

Citations

• 48 Pa. Super. 216
• 1911 Pa. Super. LEXIS 357

Syllabus

<p>Municipalities — Markets—Police regulation — Forestalling.</p> <p>1. It is the common law of Pennsylvania that every municipal, corporation which has power to make by-laws and establish ordinances to promote the general welfare and preserve the peace of the town or city, may fix the time or places of holding public markets for the sale of food, and make such other regulations concerning them as may conduce to the public interest.</p> <p>2. An ordinance imposing a penalty for purchasing in the public market, during market hours, provisions for the purpose of selling the same provisions again in the same market, is a valid exercise of municipal authority.</p> <p>Municipalities — Violation of ordinances — Arrest without warrant — Act of May 16,1901, P. L. 224, sec. 21.</p> <p>3. Where a person has been arrested without warrant or summons for the violation of a municipal ordinance and has raised no question touching the legality of her arrest upon a proceeding to be discharged from custody, but has voluntarily come into court and presented a petition for the allowance of an appeal, she is not in a position to question the constitutionality of the act under which she was arrested.</p>