Town of Smithtown v. Jewell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lewis Jewell, from a judgment of the County Court of Suffolk county in favor of the plaintiff, entered in the office of the clerk of said county on the 14th day of February, 1917, affirming a judgment of a Justice’s Court of the town of Smithtown for sixteen dollars and ninety cents, a penalty for violation of, a local ordinance of said town prohibiting non-residents from taking fish from the waters of St. James or Stony Brook harbor.
1Opinion of the Court
Putnam, J.:
On September 25, 1915, defendant took from Beach channel in the waters of Stony Brook harbor, about half a bushel of escallops. He stood in the water up to his knees and picked them with his hands. The town had passed a local ordinance:
Fourth. “ Section 1. It shall not be lawful for any person, who has not been for at least six months immediately prior thereto an actual inhabitant and resident of this Town, to *658gather clams, oysters, or other shellfish or jingle quarterdeck or other shells, from their beds of natural growth in any such waters, on his own account or for his own…
2Cases cited2 opinions
- Village of Stamford v. . FisherNew York Court of Appeals · 1893
- State v. . WillisSupreme Court of North Carolina · 1889