Liquor laws — State stores — Location — Borough of Media — Act of March 11, 1850, P. L. 778 — Commonwealth as person — Repeal — Act of November 29, 1933, P. L. 15 — Powers of municipal corporations.
1. The Commonwealth is not a person within the meaning of section 34 of the special Act of March 11, 1850, P. L. 1851, page 778, incorporating the Borough of Media, which provides that it shall not be lawful for any person or persons to sell vinous, spirituous or other intoxicating liquors within the limits of the borough. [230-36]
2. Section 34 of the Act of March 11, 1850, P. L. 778, is repealed by the Act of November 29, 1933, P. L. 15, which prohibits transactions in liquor in the State except by and under the control of the liquor control board, and authorizes the board to determine the municipalities and the locations therein, within which stores for the sale of liquor shall be established. [233-6]
3. Municipal corporations are created, governed and the extent of their powers determined by the legislature and subject to change, repeal or total abolition at its will. [226-7]
Constitutional law — Statutes — Title — Sufficiency — Specification — Notice — Repeal — Act of November 29, 1933, P. L. 15.
4. Where a general title, sufficient to cover all the provisions of an act is followed by specifications of the particular branches of the subject with which it proposes to deal, the scope of the act is not limited, nor the validity of the title impaired except as to such portions of the general subject as legislators and others would naturally and reasonably be led by the qualifying words to suppose would not be affected by the act. [235-6]
5. It is sufficient if the title fairly gives notice of the subject of the act so as reasonably to lead to an inquiry into the body of the bill. [234]
6. Where a general act is passed, covering a subject, which repeals inconsistent acts on the same subject, the repealing clause is always germane to the subject and it is not necessary under article III, section 3, of the Constitution, to refer in the title to the repealing clause. [234]
7. The repeal clause of the Act of November 29, 1933, P. L. 15, is not unconstitutional because of its failure to express the subject of repeal in the title of the act. [235-6] Constitutional law — Statutes — Repeal of local law — Notice.
8. Under article III, section 8, of the Constitution, an act is a general one which impliedly intends to operate throughout the State and to supersede all inconsistent legislation, though it removes a barrier which would prevent its operation in particular localities. [235]
Statutes — Construction — Words — Ordinary meaning — Rights of Commonwealth.
9. In construing a statute, words are to be taken in their ordinary sense, unless, from a consideration of the whole act, it appears that a different meaning was intended. [231, 232]
10. Where the rights of the Commonwealth are to be transferred or affected, the intention must be plainly expressed or necessarily implied. [231-2]
Argued November 27, 1934.
PER CURIAM, January 7, 1935:
The decree of the court below is affirmed on the comprehensive and convincing opinion of President Judge FRONEFIELD; costs to be paid by appellant.