Commonwealth v. Newcomb
Massachusetts Supreme Judicial Court
This was a writ of certiorari, upon which were returned the proceedings had before a justice of the peace for this county, upon the complaint of a clerk of a company of militia, charging the respondent, Newcomb, with unnecessarily neglecting to appear at a muster of the company; for which offence the justice had adjudged him to pay a fine of two dollars.
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This was a writ of certiorari, upon which were returned the proceedings had before a justice of the peace for this county, upon the complaint of a clerk of a company of militia, charging the respondent, Newcomb, with unnecessarily neglecting to appear at a muster of the company; for which offence the justice had adjudged him to pay a fine of two dollars. It was agreed by the parties before the justice, that the respondent was lawfully subject to the fine, unless, from the following facts, which were admitted or- proved, he was exempted from militia duty. At the time when the supposed neglect…
1Opinion of the CourtParker, C. J.
The provision, under which the respondent claims an exemption from duty under the militia laws of the United States and of this commonwealth, is thus expressed: “ all mariners actually employed in the sea service of any citizen or merchant within the United States.” He claims to be such a mariner, on the ground that he is master of a vessel or lighter of thirty-three tons, enrolled and licensed, and as having paid hospital money.
The exemption is to be determined by the occupation of the' person claiming to be a mariner, and not by the character of the vessel; for a small vessel may be…
2Cases cited1 opinion
- Commonwealth v. DouglasMassachusetts Supreme Judicial Court · 1820
3Cited by1 opinion
- Cousins v. CowingMassachusetts Supreme Judicial Court · 1839