Thе only question now before us is, whether the police court in Cаmbridge had jurisdiction of this action,. By §2 of the act establishing that court, (St. 1854, c. 335,) it has jurisdiction, concurrent with justices of the peace in the county of Middlesex, of all suits and actions within the jurisdiction of thosе justices; and by § 13 it is declared that its jurisdiction shall not be limited by reason of any interest on the part of the justices of said court “ in the payment of fines and costs into the treasury” of Cambridge or оf the county.
This action is brought by an inhabitant of Cambridge on St. 1820, c. 67, § 4, (5 Special Laws, 414,) in connection with St. 1788, c. 68, (1 Special Laws, 238,) to recover a forfeiture or penalty, one half of which, by the first mentioned of these stаtutes, § 7, is to the use of the plaintiff, and the other half to the use of the town where he belongs. The justice of the police сourt, being an inhabitant of Cambridge, and a taxpayer there, is interested in a moiety of the forfeiture or penalty sought to bе recovered in this action, and therefore would not havе jurisdiction, were it not for the above provision in § 13 of the aсt establishing the court. Commonwealth v. McLane,
We think it would be inconsistent with the manifest intent of the legislature, if we were to construe “ fines,” in the statute before us, in the rеstricted and technical sense for which the defendant contends. We therefore g:ve it a construction which shall include nоt only one of its technical meanings, but also its meaning “ acсording to the common and approved usage of the language.” Rev. Sts. c. 2, § 6. Indeed, this construction is as well warranted by the estаblished rules of interpretation, as by the revised statutes. Bac. Ab. Stаtute, I. 5. Dwarris on Sts. (2d ed.) 567, 573, 578, 582, 583. Story on U. S. Constitution, § 453. 1 Kent Com. (6th ed.) 461 & seq. And upon examining the subject matter of St. 1854, c. 335, and the object and intention of the legislature in passing it, and comparing all its various provisions, we are of opinion that it was intended to give tо the court thereby established jurisdiction of a suit like this, notwithstanding the trifling intеrest of the justice in the sum sought to be recovered ; and that the word “ fines ” means forfeitures and penalties recoverable in civil actions, as well as pecuniary punishments inflicted by sеntence.
The court of common pleas, to which this cаse was taken by appeal, having dismissed it, on the ground that the police court had not jurisdiction thereof, the order of dismissal is reversed.
Case remitted to the cowrt of common pleas to be proceeded in.