Nickerson v. Brackett
Massachusetts Supreme Judicial Court
This is an action brought by the plaintiff, as treasurer of the town of Orrington, to recover a penalty supposed to be incurred by the defendant, by a breach of .the third section of the private statute of 1806, c. 33, entitled “An Act to prevent the destruction of the fish called shad and alewives in their passage up and down the river, and other streams in the town of Orrington, in the county of Hancock, and for regulating the taking and disposing of the said fish.”
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This is an action brought by the plaintiff, as treasurer of the town of Orrington, to recover a penalty supposed to be incurred by the defendant, by a breach of .the third section of the private statute of 1806, c. 33, entitled “An Act to prevent the destruction of the fish called shad and alewives in their passage up and down the river, and other streams in the town of Orrington, in the county of Hancock, and for regulating the taking and disposing of the said fish.” The cause was tried on the general issue, and, a verdict being returned for the defendant, the plaintiff moved that it be set…
1Opinion of the Court
The first section of the act, on which the action is brought, authorizes the inhabitants to appoint a committee to regulate the fishery within the town of Orrington, and to dispose of the fish taken.
* The second section gives certain necessary powers to [ * 213 ] such committee.
The third section provides that, if any person or persons, other than said committee, or persons authorized by them, shall take am *220of the said fish in the river, or in any part of any of the streams in the said town, at any time, or by any ways or means whatever, he shall forfeit and pay a sum not exceeding twenty-five…
2Cited by11 opinions
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. HiltonMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1871
- State v. LeavittSupreme Judicial Court of Maine · 1909
- State v. . GallopSupreme Court of North Carolina · 1900
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