Similar  observations  in  relation  to  making

sidewalks,  by  Fun/,  .].,  in  Paxson  v.  Swi  et,
1  J.  S.  Green  (N.  J.),  200  (1832).  So,  in
New  Hampshire,  a  public  prosecution  for
an  offence  made  penal  by  a  city  ordinance
lieeau.se  of  its  supposed  evil  COnseiplcli'  s
to  society  —  as,  for  example,  the  offence
of  unlawfully  keeping  a  howling-alley  —
is  considered  to  be  a  criminal,  and  not  a
civil,  proceeding.  State  v.  Stearns,  11
Fost.  (31  N.  II.)  106  (1855).  In  Ala-
i  such  a  prosecution  is  considered
quasi  criminal,  and  the  defendant  cannot
testify  in  his  own  behalf  as  he  may  in  a
civil  action.  Mobile  v.  Jones,  42  Ala.
630  (1868);  Fink  v.  Milwaukee,  17  Wis.
26  (1S63),  is  decided  upon  the  basis  that
a  prosecution  of  a  party  for  the  violation
of  a  city  ordinance,  where  the  penalty  is  a
fine,  is  a  criminal  prosecution  to  which
the  Bill  of  Rights  applies,  which  declares
thai  "in  all  criminal  prosecutions,  the
accused  shall  he  entitled  to  demand  the
nature  and  cause  of  the  accusation  against
him."  But  a  principle  so  broad,  it  is  be-
lieved  by  the  author,  can  hardly  be  main-
tained where  the  act  charged  is  not  a  crime
at  common  law  or  in  its  essential  nature.
See  chapter  on  Municipal  Courts,  post.
