Commonwealth v. Messenger
Massachusetts Supreme Judicial Court
This cause originated in a complaint instituted by one jFrancis Jleare, before a justice of the peace for this county, October 23, 1805, charging that the defendant “ did, at Egremont, in said county, on the 13th day of the same October, being Sunday, or Lord’s day, with force and arms, do and perform labor, work, or business, (not work of necessity or charity,) to wit, did travel to and upon the turnpike called the twelfth Massachusetts turnpike, near the dwelling-house of…
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This cause originated in a complaint instituted by one jFrancis Jleare, before a justice of the peace for this county, October 23, 1805, charging that the defendant “ did, at Egremont, in said county, on the 13th day of the same October, being Sunday, or Lord’s day, with force and arms, do and perform labor, work, or business, (not work of necessity or charity,) to wit, did travel to and upon the turnpike called the twelfth Massachusetts turnpike, near the dwelling-house of George Messenger in said Egremont, and near the [ * 463 ] turnpike gate erected across said turnpike there, and * did…
1Opinion of the CourtParsons, C. J.
This prosecution was commenced before a justice of the peace against the defendant, upon the statute of *4061791, c. 58, and on the additional statute of 1796, c. 88, to recover a penalty therein provided.
By the first statute, it is enacted that no person shall travel, or shall, upon land or water, do any manner of labor, business, or work, on the Lord’s day, (works of necessity and charity excepted,) on a penalty not exceeding twenty shillings, nor less than ten shillings, for every offence; and that the Lord’s day shall extend from the midnight preceding to the sun-setting of that day.
By…
2Cited by10 opinions
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