Melvin v. Bridge
Massachusetts Supreme Judicial Court
This was a writ of error upon a judgment of the Court of Common Pleas for this county. The defendant in error filed a complaint or information against the plaintiff in error before a justice of the peace, for this county, for taking certain fish in Merrimack river, contrary to the statute of 1789, c. 51 (1 Mass. Spec.
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This was a writ of error upon a judgment of the Court of Common Pleas for this county. The defendant in error filed a complaint or information against the plaintiff in error before a justice of the peace, for this county, for taking certain fish in Merrimack river, contrary to the statute of 1789, c. 51 (1 Mass. Spec. Laws, 272), all the forfeitures imposed by said act being appropriated, one moiety to the poor of the town where the offence is committed, and the other moiety to the informant. The justice adjudged Melvin to pay a fine of five dollars and costs. Upon the appeal to the Court of…
1Opinion of the Court
Curia.
This suit is a criminal prosecution for an offence created by a statute. It was originated by a complaint to a justice of the peace, who issued his warrant, on which the plaintiff in error was apprehended, and, on trial before the justice, was convicted. Upon conviction, besides the pecuniary fine, there is a judgment of forfeiture of the engine used in taking the fish. On appeal to the Court of Common Pleas, exercising the criminal jurisdiction formerly vested in the Sessions, he was acquitted by verdict of a jury.
These proceedings are given by statute, and are not according to the…
2Cases cited2 opinions
- Commonwealth v. Blue-Hill Turnpike Corp.Massachusetts Supreme Judicial Court · 1809
- Edgar v. DodgeMassachusetts Supreme Judicial Court · 1808
3Cited by6 opinions
- Diatchenko v. District Attorney for the Suffolk District Commonwealth v. RoberioMassachusetts Supreme Judicial Court · 2015
- Bacon v. WardMassachusetts Supreme Judicial Court · 1813
- Beale v. DoughertySupreme Court of Pennsylvania · 1811
- Diatchenko v. District Attorney for the Suffolk District Commonwealth v. RoberioMassachusetts Supreme Judicial Court · 2015
- Inhabitants of Bridgton v. BennettSupreme Judicial Court of Maine · 1844
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