Commonwealth v. Ruggles
Massachusetts Supreme Judicial Court
The defendant was indicted, for that “ on the 10th day of May, 1811, and on divers other days, &c., with force and- arms, at Brighton, &c., in and across the channel of Charles River, he did set, make, and erect, a certain disturbance and encumbrance, commonly called a seine, or net, thereby stopping, obstructing, and straitening, the natural and usual course of the fish in said river, in their seasons, up and down the same, without the allowance and approbation of the Court…
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The defendant was indicted, for that “ on the 10th day of May, 1811, and on divers other days, &c., with force and- arms, at Brighton, &c., in and across the channel of Charles River, he did set, make, and erect, a certain disturbance and encumbrance, commonly called a seine, or net, thereby stopping, obstructing, and straitening, the natural and usual course of the fish in said river, in their seasons, up and down the same, without the allowance and approbation of the Court of General Sessions in said county, or any other legal authority first had and obtained by said Ruggles, against the…
1Opinion of the Court
* Sewall, J.,
delivered the opinion of the Court. [ * 393 ]
The charge against the defendant in this indictment is of facts which do not, at common law, import a crime or punishable offence. But an ancient provincial statute prohibits the setting, erecting, or making, on or across any river any wears or other disturbances or encumbrance, &c., unless by a license, to be obtained as in the statute is directed; and enacts and declares that all wears, &c., or other encumbrance, which shall be set up or made on or across any river, to the straitening or obstructing of the fish, &c., without the…
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