Fossett v. Bearce
Supreme Judicial Court of Maine
Debt by the plaintiffs, as a fish committee of the town of Bristol, to recover the penalty provided in the seventh section of an act to regulate the alewive fishery in Bristol, passed March 4, 1826. The penalty was alleged to have been incurred by the acts of the defendant on May 10, 1845. At the trial before Redington, District J. the plaintiffs proved, that they were chosen and sworn as a fish committee of the town of Bristol; that they notified the defendant, that he had…
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Debt by the plaintiffs, as a fish committee of the town of Bristol, to recover the penalty provided in the seventh section of an act to regulate the alewive fishery in Bristol, passed March 4, 1826. The penalty was alleged to have been incurred by the acts of the defendant on May 10, 1845. At the trial before Redington, District J. the plaintiffs proved, that they were chosen and sworn as a fish committee of the town of Bristol; that they notified the defendant, that he had no sufficient fish way in his dam; that the defendant neglected and refused to open one ; that they proceeded upon the…
1Opinion of the Court
The opinion of the Court was drawn up by
TenNey J.
This is an action by the plaintiffs, as a fish committee of the town of Bristol, against the defendant, for an alleged resistance and opposition to them in the performance of their duties, in an attempt to open a sluice way through his dam for the passage of Alewives. The sluice way, which the defendant had previously prepared, was not good and sufficient. The plaintiffs introduced evidence of a notice to the defendant to make a passage way; and that on his failing to comply with the requirement, proceeded to prepare one themselves, and therein…
2Cited by1 opinion
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