Gaul v. Brown

By c. 313, §§ 1 and 2, of the Acts of 1865, the taking of menhaden or pogies by seine, within three miles of the shore in any waters, is prohibited under a penalty of " not less than four hundred nor more than one thousand dollars.”

This action is brought to recover such penalty, but, since its commencement, the penalty has been reduced by an Act approved Feb. 21, 1866, c. 30, § 1, "to not less than one hundred nor more than five hundred dollars,” and by § 6, " all Acts and parts of Acts inconsistent with this Act are repealed.”

Gould, for plaintiff. Hubbard, for defendant.

Upon the above facts,…