Washington v. Wheat, 5 U.S. (1 Cranch) 410 (1807)

.Case No. 17,238.

June Term, 1807.

Cokpokate By-Law — Burning Bricks.

Burning bricks in a clamp is not a violation of a by-law, making it penal to bum bricks in a kiln.

Debit for penalty of one hundred dollars under a by-law of the corporation of 20th September, 1S03, for using a brickkiln without license. The evidence was, that Wheat had agreed with one Weeding that Weeding should make and bum fifteen thousand bricks, to be delivered to Wheat, when burnt That Weeding made the bricks and burnt them in a clamp, and not in a kiln.

THE COURT directed the jury that if they believed the facts to be so, the defendant had committed no offence under the by-law. That it was no offence, under the by-law, to bum bricks in a clamp.