Boutelle v. Nourse
Massachusetts Supreme Judicial Court
This was an action of debt upon the statute of 1797, c. 70, in which the plaintiff, one of the fish wardens of the town of Water-ville, who sues as well for the county of Kennebeck as for himself, alleges that the defendant, at Winslow, in said county, on the 31st day of May, 1807, the same being Sunday, took seven thousand and two hundred alewives in the River Sebasticook, running through the said town of Winslow, contrary to said statute, whereby he has forfeited twenty…
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This was an action of debt upon the statute of 1797, c. 70, in which the plaintiff, one of the fish wardens of the town of Water-ville, who sues as well for the county of Kennebeck as for himself, alleges that the defendant, at Winslow, in said county, on the 31st day of May, 1807, the same being Sunday, took seven thousand and two hundred alewives in the River Sebasticook, running through the said town of Winslow, contrary to said statute, whereby he has forfeited twenty cents for each of said fish, amounting, in the whole, to the sum of eighteen hundred dollars. Yet though requested, &c.…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
This action is debt qui tam on the fourth section of the statute of 1797, c. 70, against the defendant for taking, in Sebasticook River, 7200 alewives. The defendant pleads that he is not guilty, but with one Jedidiah Morrill; and that the plaintiff* had formerly impleaded the said Morrill for the same offence, had recovered judgment, and that judgment has been satisfied. To this bar there is a demurrer and joinder.
As the statute imposes a penalty for every alewive taken, to be paid by the offender, we are satisfied that but…
2Cited by6 opinions
- Burnham v. WebsterMassachusetts Supreme Judicial Court · 1809
- Smith v. Village of AdrianMichigan Supreme Court · 1850
- State v. DowSupreme Judicial Court of Maine · 1978
- Frost v. RowseSupreme Judicial Court of Maine · 1822
- Howes v. ShedSupreme Judicial Court of Maine · 1824
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