Commonwealth v. Smith
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court for the Southern District of the city of Boston, by Benjamin Merriam, a constable of said city, for a violation of the Gen. Sts. c. 26, § 47, relating to the public health, by neglecting to give notice to the board of health of Boston that a person within the family of the defendant, who lived in Boston, was taken sick of small-pox.
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Complaint to the Municipal Court for the Southern District of the city of Boston, by Benjamin Merriam, a constable of said city, for a violation of the Gen. Sts. c. 26, § 47, relating to the public health, by neglecting to give notice to the board of health of Boston that a person within the family of the defendant, who lived in Boston, was taken sick of small-pox. At the trial, on appeal, in the Superior Court, before Bacon, J., the defendant pleaded not guilty, and after the Commonwealth had rested its case, he requested the judge to rule that the complaint could not be maintained, inasmuch…
1Opinion of the CourtAmes, J.
The principal question raised in this case is disposed of by the decision of this court in Commonwealth v. Fahey, 5 Cush. 408. That case arose under the St. of 1849, c. 211, § 7, which provided that “ all fines and forfeitures, incurred under the general laws, or the special laws applicable to any town or city, or the ordinances, by-laws, and regulations of any town or city, relating to health, shall enure to the use of such town or city; and may be recovered by complaint in the name of the treasurer.”. It was held by the court in that case, substantially, that the word “may” was equivalent…
2Cited by6 opinions
- Commonwealth v. HaddadMassachusetts Supreme Judicial Court · 1974
- State v. NeunerSupreme Court of Connecticut · 1881
- Breault v. Town of AuburnMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. MekelburgMassachusetts Supreme Judicial Court · 1920
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
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