Legal Opinion

Burke v. Bell

Supreme Judicial Court of Maine

Decided July 1, 1853PublishedCited by 2 opinions

On Report from Nisi Prius, Tenney, J., presiding. Trespass. The defendant was a police officer of the town of Eastport. He arrested the plaintiff and confined him two days in the house of correction of that town. For that arrest and imprisonment this action is brought.

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On Report from Nisi Prius, Tenney, J., presiding. Trespass. The defendant was a police officer of the town of Eastport. He arrested the plaintiff and confined him two days in the house of correction of that town. For that arrest and imprisonment this action is brought. The defendant justified under the twenty-second article of the by-laws of the town, approved by the County Commissioners, as follows: — “ If any person shall be found intoxicated or brawling or fighting in any of the streets or other public places within the town, the police officer or his deputies shall have power to commit…

1Opinion of the Court

Appleton, J. —

The R. S. c. 5, § 22, provides that the inhabitants of a town at a legal town meeting may make such orders and by-laws for managing the prudential concerns of the town as they may judge conducive to the good order and peace of the same and annex penalties not exceeding five dollars for any offence, provided such orders and by-laws shall be approved by the County Commissioners.” By R. S., c. 178, § 31, concerning houses of correction, the overseers of any such town house of correction “may commit thereto for a term not exceeding forty-eight hours, any person publicly appearing in…

2Cited by2 opinions

  1. Leach v. BettersSupreme Judicial Court of Maine · 1991
  2. Von Arx v. ShaferCourt of Appeals for the Ninth Circuit · 1917

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