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27 Mass. 153

Slater v. Bates

Massachusetts Supreme Judicial Court

Decided October 15, 1830

Massachusetts Supreme Judicial Court · decided 1830-10-15

This was a petition for a writ of certiorari to a justice of the peace, by whom the petitioner had been fined in November 1828, upon a complaint for neglect of militia duty subsequently to the 1st of April in the same year.

Decided 1830-10-15

The Court

¶1were of opinion that the clause, exempting “ postmasters, post-riders and stage-drivers who are employed in the care and transportation of the mail,” does not include assistant postmasters ; and that taking this clause in connexion with the 42d section of the statute of 1825, in which assistant postmasters are named and precluded from being concerned in any contract for the conveyance of the mail, it was clear that they were not intended to be exempted from militia duty.1

¶2Petitioner takes nothing.

¶3 See Revised Stat. c. 12, § 1.

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