Colburn v. Swett
Massachusetts Supreme Judicial Court
Trespass upon the case, to recover of the defendant the forfeiture incurred under St. 1837, c. 99, for violation of the provisions of St. 1833, c. 151, and of the rules and regulations of the board of engineers of the fire department of the city of Boston, respecting the keeping, having, and possessing of gunpowder.
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Trespass upon the case, to recover of the defendant the forfeiture incurred under St. 1837, c. 99, for violation of the provisions of St. 1833, c. 151, and of the rules and regulations of the board of engineers of the fire department of the city of Boston, respecting the keeping, having, and possessing of gunpowder. By the fourth section of said statute of 1833, one moiety of the sums forfeited by violating said provisions and regulations, accrued to the use of any person or persons who should prose cute for the same, and the other moiety to the use of the poor of the city. By St. 1837, c.…
1Opinion of the CourtShaw, C. J.
Several points were argued in this case, upon which the court give no opinion, because they are of opinion that the action cannot be maintained by this plaintiff. The suit is brought to recover a penalty, upon St. 1833, c. 151, being an act in regard to the storage, &c. of gunpowder in Boston. The plaintiff is described, as “ clerk of the chief engineer of the city of Boston, and acting and prosecuting in this behalf under a vote of the engineers, &c., passed on the 20th of May, 1839, authorizing and directing him to prosecute and collect the fine hereinafter menuoned, incurred by said Swett…
2Cited by1 opinion
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