Commonwealth v. Hilton
Massachusetts Supreme Judicial Court
Complaint to the justices of the Second District Court of Essex, alleging that the defendant, on November 21, 1898, at Salisbury, “ did take from their beds a certain quantity of shell fish, to wit, five bushels of clams, he, the said Albion P. Hilton, did not then and there take said shell fish for his own family use, and he, the said Albion P. Hilton, did not then and there have permit from the selectmen of said Salisbury to take said shell fish, said selectmen being then…
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Complaint to the justices of the Second District Court of Essex, alleging that the defendant, on November 21, 1898, at Salisbury, “ did take from their beds a certain quantity of shell fish, to wit, five bushels of clams, he, the said Albion P. Hilton, did not then and there take said shell fish for his own family use, and he, the said Albion P. Hilton, did not then and there have permit from the selectmen of said Salisbury to take said shell fish, said selectmen being then and there duly instructed to control and regulate or prohibit the taking of said shell fish in said Salisbury, by a vote…
1Opinion of the CourtKnowlton, J.
At a legal meeting of the inhabitants of the town of Salisbury it was voted unanimously, under a proper article in the warrant, “ that the selectmen be instructed to control or regulate, or prohibit the taking of eels, clams, quahogs, and scallops within the town, and make such regulations concerning the taking of eels and said shell fish as they may deem expedient.” Subsequently, in accordance with this vote, the selectmen made a regulation “ prohibiting all persons from digging clams on Salisbury Flats to sell, except those having a permit from the selectmen, the permit only to be granted…
2Cases cited12 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- McCready v. VirginiaSupreme Court of the United States · 1877
- Blake v. McClungSupreme Court of the United States · 1898
- Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
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3Cited by40 opinions
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- Harper v. GallowaySupreme Court of Florida · 1909
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- Davis v. Zoning Board of ChathamMassachusetts Appeals Court · 2001
- Graham v. RobertsMassachusetts Supreme Judicial Court · 1908
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