Sawyer v. Beal
Supreme Judicial Court of Maine
On report. Judgment for defendants. Action of debt to recover the penalty provided for in 11. S., c. 3, § 63, as amended by Stat. 1885, c. 334. The plaintiff claimed that the defendants had erected and maintained a fish weir in tide waters below low water mark in front of his shore or flats at Green Island so-called in Jonesport, in Washington County, without plaintiff’s consent and contrary to the statute.
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On report. Judgment for defendants. Action of debt to recover the penalty provided for in 11. S., c. 3, § 63, as amended by Stat. 1885, c. 334. The plaintiff claimed that the defendants had erected and maintained a fish weir in tide waters below low water mark in front of his shore or flats at Green Island so-called in Jonesport, in Washington County, without plaintiff’s consent and contrary to the statute. The plaintiff further claimed that the weir interfered with his rights as owner of the island. The plea was the general issue. The facts are stated in the opinion.
1Opinion of the CourtWiswell, C. J.
The plaintiff, the owner of a' small island known as Green Island in the town of Jonesport, brings this action to *357recover the penalty provided by B.. S., c. 3, § 63, as amended by chap. 334, Public Laws of 1885, which section as amended is as follows: “No fish weir or wharf shall be extended, erected or maintained except in accordance with this chapter; and no fish weir shall be erected or maintained in tide waters below low water mark in front of the shore or flats of another without the owner’s consent, under a penalty of fifty dollars for each offense to be recovered in an action of debt…
2Cited by11 opinions
- Opinion of the JusticesSupreme Judicial Court of Maine · 1981
- Blaney v. RittallSupreme Judicial Court of Maine · 1973
- McGarvey v. WhittredgeSupreme Judicial Court of Maine · 2011
- Britton v. Department of ConservationSupreme Judicial Court of Maine · 2009
- In re HadlockSupreme Judicial Court of Maine · 1946
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