Shafer v. Mumma

Le Grand, C. J., delivered the opinion of this court. This is an action of trespass and false imprisonment, instituted by the wife of George Shafer, whilst a feme sole, against the appellee. To the declaration the defendant pleaded specially, in substance alleging, that at the time of the alleged trespass, he was mayor of Hagerstown, duly elected and qualified, and that the appellant, Elmira, was brought before him and proceeded against under an ordinance of the mayor and council of Hagerstown, passed the 26th day of June 1858, the first section of which provides that the mayor, on information, shall “cause to be brought before him all vagrant, loose and disorderly persons, lewd women, keepers of bawdy houses, and persons having no visible means of livelihood, who may be found within the corporate limits of the town, and if found guilty, to fine such person not exceeding $20.” ³³⁵ The pleas set out in full the Acts of Assembly and ordinances under which the defendant, as mayor of Hagerstown, justifies the trespass and imprisonment complained of. By the 4th section of the Act of 1823, ch. 155, entitled, an Act “to alter and change the name of Elizabethtown, in-Washington county, to Hagerstown, and to incorporate the same,” the moderator and commissioners of Hagerstown are-authorized and empowered to provide by ordinance “for taking up, fining, or committing to the work-house in Hagerstown, all vagrant, loose and disorderly persons, lewd women, keepers of bawdy houses,”' &c.; and by the 1st section of the-Act of 1847, ch. 198’, it is provided, that the mayor and council of Hagerstown shall have “all the powers and immunities heretofore granted to the moderator and commissioners of said town.” A statement, of facts was agreed upon between the parties.

From this it appears that the plaintiffs admit, that at the time of the alleged trespass, the defendant was acting as mayor of Hagerstown, having been duly elected and qualified; that the appellant, Elmira, was brought before him, charged with being a lewd woman, found within the limits of Hagerstown, and that, after hearing of witnesses, she was adjudged by him to be such, and fined accordingly. It is also admitted, on the part of the plaintiffs, “that the said Elmira was a lewd woman and public prostitute, but, well behaved on the streets of said town, and never known to disturb any person upon said streets, or at any other place.” It thus appears that, under the statute law, the municipal authorities of Hagerstown had the right to pass the ordinance under which Elmira was arrested, &c., and also that it is an undisputed fact in the case, that at the time of the grievanceseomplained of, she was “a lewd woman and public