Ayers v. Knox
Massachusetts Supreme Judicial Court
This was an action of debt, brought upon the statute of 1796, c. 85, $ 3, to recover of the defendant the penalty of fifty dollars, for undertaking, as a pilot, to carry out of the harbor of Boston the United States frigate Chesapealc, he being commissioned as a pilot for the inward division of pilotage in said harbor, and not for the outward division.
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This was an action of debt, brought upon the statute of 1796, c. 85, $ 3, to recover of the defendant the penalty of fifty dollars, for undertaking, as a pilot, to carry out of the harbor of Boston the United States frigate Chesapealc, he being commissioned as a pilot for the inward division of pilotage in said harbor, and not for the outward division. The cause came before the Court upon a statement of facts, m which the parties agreed, that, on the 1st of July, 1809, the plaintiff was a branch pilot for the outward division of pilotage for the harbor of Boston, duly commissioned and sworn;…
1Opinion of the Court
The opinion of the Court (absente Parsons, C. J.) was after-wards delivered by
Parker, J.
The only question, which arises in this case, is whether the provisions of the statute of 1796, c. 85, are applicable to vessels of war of the United States. If they are, then the facts clearly show a violation of those provisions by the defendant, and the penalty ought to be adjudged against him; if they are not, then the defendant was not prohibited from the act of pilotage complained of in this action, and he cannot be charged with the penalty.
When it is considered that before the passing of the…
2Cited by6 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- City of Los Angeles v. United StatesDistrict Court, C.D. California · 1972
- Friedenwald v. Mayor of BaltimoreCourt of Appeals of Maryland · 1891
- United States v. The ReindeerU.S. Circuit Court for the District of Rhode Island · 1848
- Jordan, Ellis & Co. v. JamesOhio Supreme Court · 1831
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