
    The Commissioners of the district of Southwark against William Neil.
    In proceedings on a bye law, it must appear that the special authority of the corporation was strictly pursued.
    
      On a certiorari to Ebenezer Ferguson, esq. a justice of the peace of the county of Philadelphia, he returned, that he had fined the defendant 15s. for selling three fourths of a cord of wood, contrary to the ordinance of the district of Southwark, together with 2s. 6d. costs.
    The ordinance was passed on the 10th June 1800, to restrict the cording of all wood to the public corder. It directs, that “ all cord-wood, which shall be brought to and exposed for sale, “ at any of the landings or wharves on the river Delaware with- “ in the district of Southwark, shall be corded and measured by “the corder or corders appointed by the commissioners and no “ others. And if any person or persons shall sell on any of the “wharves or landings within the said district any cord-wood, “ unless the same shall have been corded or measured by the “proper corder appointed as aforesaid, every person so offend- “ ing and being duly convicted before any competent tribunal, “shall forfeit fifteen shillings and the costs.”
    The district of Southwark was incorporated by an act of assembly passed on the 18th April 1794, the 12th section whereof directs, that “the commissioners shall have power “ *to make such laws, ordinances, &c. as shall be neces- r* “ sary and convenient for the purpose of ascertaining the [*55 “ toll and rates of wharfage of all articles brought to public land- “ ings in the said district; for directing the conduct of all per- “ sons concerned in buying; selling or acting on any part of the “estate belonging to the said district, &c. 3 Dali. Laws 499.”
    Mr. Dallas, pro quer. Mr. Rawle, pro def.
    
   By the Court.

The bye laws of the corporation, so far as it respects private wharves, are invalid. Their powers in this particular are limited by the act of incorporation to public landings and their public estate. Their special authority, affecting the property of individuals, must appear on the face of the proceedings to be strictly pursued. Cowp. 29.

Judgment reversed.  