8 Conn. 247 | Conn. | 1830
There are a number of errors assigned; but as the Court is satisfied, that the judgment must be reversed for the third and fourth errors assigned, those only will be considered.
The by-law of the borough of Killingworth was inoperative without the act of the town of Killingworth assenting to it. This was provided for, expressly, in the charter incorporating the borough. When then the vote of the borough was offered in evidence, in support of the plaintiffs’ declaration, it was essential to show, that it hadbeen assented to, by the town. This was attempted to be shown, by a vote of the town, passed at a town meeting holden at Killingworth, on the 2nd of October, 1820. The defendant objected to the reading of that vote, unless it further appeared, by legal testimony, that the town-meeting at which the vote was passed, was specially warned for that purpose. The objection was overruled, by the justice ; and the vote was read. This is, in substance, the matter stated in the third and fourth assignment of errors.
Here, it is admitted, by the counsel on both sides, that according to the doctrine of this Court, in Hayden v. Noyes, 5 Conn. Rep. 391. any act of a borough or town, abridging the right of any portion of the people of this state, except its own inhabitants, to take shell fish in any free and common fishery, was void, unless it appeared, that the meeting, at which the act was passed, was specially warned for that purpose. I feel no disposition to disturb that decision.
But, it is insisted, by the defendants in error, that the plaintiff in error was bound to show, that no such warning was given. The plaintiff, on the other hand, contends, that it became the
Judgment to be reversed.