Commonwealth v. Douglas
Massachusetts Supreme Judicial Court
The respondent having been adjudged by a justice of the peace for this county to pay a fine for neglecting to attend a muster of a militia company in which he had been enrolled as a private soldier, sued a writ of certiorari, to procure the proceedings before the justice to be quashed. *It was agreed, at the trial before the justice, that [ * 50 ] Douglas was duly notified to appear on the muster day, which was the 4th of May, 1819; that the captain and clerk of the company…
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The respondent having been adjudged by a justice of the peace for this county to pay a fine for neglecting to attend a muster of a militia company in which he had been enrolled as a private soldier, sued a writ of certiorari, to procure the proceedings before the justice to be quashed. *It was agreed, at the trial before the justice, that [ * 50 ] Douglas was duly notified to appear on the muster day, which was the 4th of May, 1819; that the captain and clerk of the company were duly qualified; that Douglas was, at the time he was notified, and at the time of the muster, master of a schooner…
1Opinion of the CourtParker, C. J.
If Douglas was, at the time the militia service was required of him, “a mariner actually employed in the sea service of any citizen or merchant of the United States,” he was exempt from militia duty. He was the master or skipper of a vessel of more than twenty tons burden, duly licensed to carry on the cod fishery; and he had entered into an agreement with his crew, conformably to the law of the United States. He was actually at sea, on the day when the muster was held, having been duly warned to attend on that day. He returned within less than eight days after.
It is said he should have…
2Cited by6 opinions
- Horton v. StateSupreme Court of Alabama · 1875
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1814
- In re ScottDistrict Court, S.D. Alabama · 1918
- The CometDistrict Court, W.D. Washington · 1913
- Commonwealth v. NewcombMassachusetts Supreme Judicial Court · 1817
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