Smith v. Look
Massachusetts Supreme Judicial Court
Tort for a penalty under the St. of 1869, e. 384, §§ 31, 33, for taking smelt with a net on March 21, 1870, “in the waters of Tyesquin Brook in Tisbury Great Pond.” The declaration alleged that the action accrued to the plaintiff to recover the penalty, one half to his own use as prosecutor, and the other half to the Commonwealth; and that he sued to recover it as well for the Commonwealth as for himself.
Read the full summary
Tort for a penalty under the St. of 1869, e. 384, §§ 31, 33, for taking smelt with a net on March 21, 1870, “in the waters of Tyesquin Brook in Tisbury Great Pond.” The declaration alleged that the action accrued to the plaintiff to recover the penalty, one half to his own use as prosecutor, and the other half to the Commonwealth; and that he sued to recover it as well for the Commonwealth as for himself. At the trial in the superior court, before Putnam, J., • it appeared that the plaintiff was not a commissioner on inland fisheries nor a deputy of such a commissioner, and the defendants…
1Opinion of the CourtAmes, J.
The statute which these defendants are charged with having violated provides that “ one half of the money recovered as a penalty, in any case arising under the laws relating to inland fisheries, shall be paid to the person making the complaint in the case in which the same is recovered, and the remainder to the Commonwealth.” St. of 1869, e. 384, § 33. Any person may make the complaint, but the statute does not necessarily import that he is, for that reason, to superintend and control the prosecution. On the contrary, the statute strongly implies that his rights begin when the penalty is…
2Cases cited1 opinion
- Lynn v. BradleyCourt of Appeals of Kentucky · 1858
3Cited by7 opinions
- School Committee of the City of Lowell v. Mayor of LowellMassachusetts Supreme Judicial Court · 1928
- O'Connell v. O'LearyMassachusetts Supreme Judicial Court · 1887
- Bryant v. Rich's GrillMassachusetts Supreme Judicial Court · 1914
- Shea v. ParkerMassachusetts Supreme Judicial Court · 1920
- Inhabitants of Dexter v. BlackdenSupreme Judicial Court of Maine · 1900
2 more not listed; retrieve them via the Exa API.