Barclay v. Commonwealth
Supreme Court of Pennsylvania
Error, to the Quarter Sessions of Bedford county. This was an indictment for erecting and maintaining a nuisance. The town of Bedford was laid out by the Penns in 1766, and on the 9th January, 1793, they conveyed a number of lots adjoining the town to Hugh Barclay, with the following reservation: “ excepting and reserving nevertheless out of the said 7J acres, 1 acre thereof, including the springs, for the use and benefit of the inhabitants of the town of Bedford,…
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Error, to the Quarter Sessions of Bedford county. This was an indictment for erecting and maintaining a nuisance. The town of Bedford was laid out by the Penns in 1766, and on the 9th January, 1793, they conveyed a number of lots adjoining the town to Hugh Barclay, with the following reservation: “ excepting and reserving nevertheless out of the said 7J acres, 1 acre thereof, including the springs, for the use and benefit of the inhabitants of the town of Bedford, particularly for supplying their general pump with water.” The authorities never laid off the acre until 1853 or 1854; but they…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
After much consideration it was settled in Taggart’s Case, 9 Harris 527, that, on conviction for a continuing nuisance, the defendant, besides being sentenced to fine and imprisonment, should be ordered also to abate the nuisance; and that if he failed to do so, a writ, founded on such a judgment, might issue to the sheriff, requiring Mm to abate the nuisance, at the costs of the defendant.
The Court in this case entered no judgment against the defendant that the nuisance should be abated, but ordered the sheriff to abate it by removing the…
2Cited by15 opinions
- State v. EhrlickWest Virginia Supreme Court · 1909
- Commonwealth Ex Rel. Shumaker v. New York & Pennsylvania Co.Supreme Court of Pennsylvania · 1951
- Groff v. Borough of SellersvilleCommonwealth Court of Pennsylvania · 1974
- Pennsylvania R. R. v. Sagamore Coal Co.Supreme Court of Pennsylvania · 1924
- Coyne v. PrichardSupreme Court of Pennsylvania · 1922
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