Bearce v. Fossett
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shepley, O. J. presiding. Trespass against seven defendants for an injury done to the plaintiff’s dam across a stream in,Bristol, by making an opening in it, through which fish might pass.
Read the full summary
On Exceptions from Nisi Prius, Shepley, O. J. presiding. Trespass against seven defendants for an injury done to the plaintiff’s dam across a stream in,Bristol, by making an opening in it, through which fish might pass. The defendants, under appropriate brief statements, justified, alleging that three of their number had been duly chosen by the town of Bristol, a fish committee, and that the acts, done by them, and the other defendants acting under them, in opening the plaintiff’s dam, were done in the rightful discharge of the duties of such fish committee. The defendants showed from the…
1Opinion of the CourtAppleton, J.
A warrant for a town meeting, duly issued by the competent authorities, and a return showing that the inhabitants have been notified in conformity with the provisions of law, by one duly authorized, are essential preliminaries to a legal town meeting. They are to be returned and preserved among the archives of the town. It is the duty of the town clerk to record the doings of the town at its regular meetings, and proof of these prerequisites is indispensable to the validity of its proceedings. Their removal would be inconvenient, and they would seem to fall within the rule, that every…
2Cases cited1 opinion
- Commonwealth v. RugglesMassachusetts Supreme Judicial Court · 1813