
    No. 8417.
    Police Jury Parish of Jefferson, Right Bank, vs. J. B. Arleans.
    A person cannot be arrested under a warrant issued by a justice of the peace charging him with violating an ordinance of the Police Jury of the Parish of Jefferson, relative to juries, and sentenced to fine, and, in default of payment, to imprisonment by such justice.
    He cannot be thus summarily punished. Heither the law organizing the parish, nor the general laws of the State authorize such a proceeding. A party, for such an offense, can only be proceeded against by information, or indictment, or civil suit provided in the statute.
    APPEAL from the First Justice’s Court, Parish of Jefferson, Right Bank. Berthoud, 3d Justice of the Peace, acting in place of Gardere, 1st Justice of the Peace, absent.
    N. 8. Ga/rlisle, for Plaintiff and Appellee:
    1. Proceedings by affidavit, warrant and arrest, to recover flues for violation of municipal ordinances, are neither, strictly speaking, civil or criminal in their character, hut, paw taking of the nature of both, are called quasi criminal. Dillon, Corp., 3d Ed. § 411.
    
      2. 'Where tlie legislature has conferred authority on a municipal corporation over a certain subject, the act of the corporation will be supported by every fair intendment and presumption. Their ordinances are entitled to a reasonable construction, and their terms should not be strictly scrutinized for the purpose of mating them void. Dillon, Corp., § 420, notes.
    The power to pass ordinances and appoint offioers to enforce them, includes all necessary power to malee sucli ordinances effectual; hence, municipal corporations have implied powers to impose reasonable and proper fines upon those who violate their ordinances. Boone, Corp., § 292.
    
      A. JEJ. Billings, for Defendant and Appellant:
    Proceedings by affidavit, warrant and arrest to recover fines for violation of police jury ordinances, are unauthorized by law ¡ tbe proper proceeding is by civil suit, brought by the Distiict Attorney, in the name of the Parish, for its benefit. Acts 1834, Sec. 7, p. 18; 33 A. 983.
    The power to enforce a municipal ordinance by imprisonment in default of payment of a fine must be expressly given. 14 A. 37; 30 A. 497; Dillon on Municipal Corporations, 3d Ed., § 3D3, and note.
   Tlie opinion of tlie Court was delivered by

Todd, J.

Tbe defendant is appellant from a judgment condemning him to pay a fine of ten dollars, and in default of its payment, to be imprisoned for ten days in tbe parish prison.

He was charged, by affidavit, with the violation of an Ordinance of tlie Police Jury of said Parish relative to ferries ; that is, in ferrying persons across the river for hire, in contravention of said Ordinance. A warrant was issued by the Justice of the Peace before whom the complaint was made, -under which he was arrested and brought before the Justice, and sentenced as stated.

The Ordinance offered in evidence directed such a proceeding and punishment. It is, however, urged by the defendant, that this Ordinance was unwarranted by law, and the proceeding complained of under it, was therefore, illegal, null and void.

The authority of the Police Jury to pass the Ordinance is claimed to be derived from an Act of 1834, to define the authority, duties and functions of the Police Jury of the Parish of Jefferson, and Sec. 2750 of the Revised Statutes.

We fail to perceive any authority, conferred by either of the Acts cited, or by any other law, on this Police Jury, to justify the passing of an ordinance prescribing- such a proceeding.

The first Act referred to, whilst it confers authority to pass regulations and ordinances to promote the peace and welfare of the Parish, and to establish a police to enforce said regulations and ordinances, and whilst providing for punishment by fine, expressly declares that the same may he recovered by suit, brought in the name of the Parish, before the Parish Court, in any Justice of the Peace. Acts of 1834, p. 18-

Sec. 2750, Rev. Sfcat., gives the power to tho Police Juries of all the Parishes in the State, to pass all ordinances deemed necessary, relative to roads, bridges and ditches, and to impose fines and penalties to enforce the same; hut, it makes special provision that such fines and penalties are to he recovered and enforced by indictment or information in the name of the State, or by ordinary process before any court of competent jurisdiction.

The law is silent as to any other process or remedy. Police Juries can exercise such powers only as are clearly delegated to them, or snch as inay he required to carry into effect tho powers expressly conferred. There being no such delegation of power in this case to warrant the proceeding complained of, the ordinance is null and the proceeding and sentence illegal. Town of Plaquemines vs. Ruff, 30 A. 497; 14 A. 37: Dillon Mun. Cor. §351.

It is, therefore, ordered, adjudged and decreed, that tho judgment appealed from be annulled, avoided and reversed, and the proceedings quashed, and tho defendant, discharged; plaintiff to pay costs of both Courts.

Levy, J., absent.  