111 Mass. 407 | Mass. | 1873
The principal question raised in this case is disposed of by the decision of this court in Commonwealth v. Fahey, 5 Cush. 408. That case arose under the St. of 1849, c. 211, § 7, which provided that “ all fines and forfeitures, incurred under the general laws, or the special laws applicable to any town or city, or the ordinances, by-laws, and regulations of any town or city, relating to health, shall enure to the use of such town or city; and may be recovered by complaint in the name of the treasurer.”. It was held by the court in that case, substantially, that the word “may” was equivalent to “shall” and that the power to collect such fines was vested exclusively in the treasurer.
As this objection goes to the jurisdiction, it cannot be said to have been waived by the plea of not guilty. The complaint must therefore be Dismissed.