Commonwealth v. Feeney
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the East Boston District Court on September 8, 1914, charging the defendant under B. L. c. 91, §§ 113, 114, with taking clams from flats in the city of Boston from which the taking of clams was prohibited by the commissioners on fisheries and game at the request in writing of the State board of health. The case was tried before Dana, J., upon an agreed statement of facts, material portions of which are described in the opinion.
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Complaint, received and sworn to in the East Boston District Court on September 8, 1914, charging the defendant under B. L. c. 91, §§ 113, 114, with taking clams from flats in the city of Boston from which the taking of clams was prohibited by the commissioners on fisheries and game at the request in writing of the State board of health. The case was tried before Dana, J., upon an agreed statement of facts, material portions of which are described in the opinion. The defendant offered to prove that the flats from which he took clams were not contaminated, and that the clams so taken were…
1Opinion of the CourtBraley, J.
The facts not being in controversy, the question of the defendant’s guilt or innocence depends upon the validity and meaning of R. L. c. 91, §§ 113, 114.
The general right of the inhabitants from the earliest times to take, within the flats and tidal waters of the Commonwealth, shell fish for the use of their families, while made subject to legislative regulations as to quantity, has never been denied. Dill v. Wareham, 7 Met. 438,446, 447. Commonwealth v. Bailey, 13 Allen, 541. Williams v. Delano, 155 Mass. 10. R. L. c. 91, §§ 100, 101, 102. *325But when in the course of time the density of…
2Cases cited2 opinions
- Commonwealth v. SissonMassachusetts Supreme Judicial Court · 1905
- Williams v. DelanoMassachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Ayer v. Commissioners on Height of BuildingsMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. SlocumMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. ClossonMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. St. JohnMassachusetts Supreme Judicial Court · 1928
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