Chapman v. Chapman

1 Root 52

Opinion

Upon a writ of error it was adjudged — That in a prosecution upon the statute for the penalty of five shillings per week, for overflowing the lands of another. The penalty for one week only, may he sued for at a time; as the penalty is given for continuing the nuisance each week, and to oblige him to remove it; it doth not appear but, that, if it had beeu prosecuted for the first week, it would have produced the effect which the law intended.