Legal Opinion

Commonwealth v. Plaisted

Massachusetts Supreme Judicial Court

Decided January 5, 1889PublishedCited by 115 opinions

Complaint to the Municipal Court of the city of Boston, dated October 6,1887, alleging that the defendant, on October 5,1887, “ at Boston aforesaid, and within the judicial district of said court, in a public street of said city within said district, and called Washington Street, did then and there perform on a certain musical instrument, to wit, a cornet; he, the said Plaisted, not being licensed by the board of police for said city so then and there to do, against the…

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Complaint to the Municipal Court of the city of Boston, dated October 6,1887, alleging that the defendant, on October 5,1887, “ at Boston aforesaid, and within the judicial district of said court, in a public street of said city within said district, and called Washington Street, did then and there perform on a certain musical instrument, to wit, a cornet; he, the said Plaisted, not being licensed by the board of police for said city so then and there to do, against the peace of said Commonwealth and the form of the statute of said Commonwealth, and the rules and regulations of the board of…

1Opinion of the CourtMorton, C. J.

The defendant contends that the rules of the board of police, which he is charged with having violated, are not within the terms of the authority conferred upon that board. But we think this ground of objection cannot be maintained. The St. of 1885, c. 323, § 2, conferred upon and vested in the board of police all the power theretofore vested in the board of police commissioners, except as otherwise therein provided. The St. of 1878, c. 244, established the board of police commissioners, and in § 2, after mentioning other powers, proceeded to enact that “ said board may also be empowered by…

2Cases cited11 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. In re FrazerMichigan Supreme Court · 1886
  3. Birdsall v. . ClarkNew York Court of Appeals · 1878
  4. City of Taunton v. TaylorMassachusetts Supreme Judicial Court · 1874
  5. City of Brooklyn v. . BreslinNew York Court of Appeals · 1874

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3Cited by115 opinions

  1. General Outdoor Advertising Co. v. Department of Public WorksMassachusetts Supreme Judicial Court · 1935
  2. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
  3. Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
  4. Bradley v. Board of Zoning AdjustmentMassachusetts Supreme Judicial Court · 1926
  5. Duffy v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1919

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