Brown v. Commonwealth

Tilghman C. J.

Humphrey Brown was indicted and convicted in the Court of Quarter Sessions of Bradford county, of a nuisance, in the erection of a dam, across Wyalusing creek, which had been declared a public highway, by an act passed 4th April, 1805. Judgment was given, that the defendant should remove the. nuisance, and pay a fine of 100 dollars for the use of the Commonwealth. ■ .

The error assigned is, that the proceedings and judgment on this indictment were according to the common law, whereas they ought to have been according to the directions of the act of 23d March, 1803, (4 Sm. Laws,…