Commonwealth v. Alger
Massachusetts Supreme Judicial Court
This was an indictment against the defendant for an alleged breach of the statutes of this commonwealth establishing the commissioners’ lines, so called, in the harbor of Boston, by erecting, building, and maintaining a wharf over and beyond those lines into said harbor.
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This was an indictment against the defendant for an alleged breach of the statutes of this commonwealth establishing the commissioners’ lines, so called, in the harbor of Boston, by erecting, building, and maintaining a wharf over and beyond those lines into said harbor. The indictment was found and returned into the municipal court of the city of Boston at June term, 1849. It set forth the following statutes for fixing and limiting the lines of the harbor of Boston: “ An act to preserve the harbor of Boston, and to prevent encroachments therein,” passed April 19,1837, (Si. 1837, c. 229, 7…
1Opinion of the Court
The opinion was delivered at March term, 1853.
Shaw, C. J.
In proceeding to give judgment in the present case, the court are deeply impressed with the importance of the principles which it involves, and the magnitude and extent of the great public interests, and the importance and value of the private rights, directly or indirectly to be affected by it. It affects the. relative rights of the public and of individual proprietors, in the soil lying on tide waters, between high and low water mark, over which the sea ebbs and flows, in the ordinary action of the tides.
The defendant has been…
2Cases cited15 opinions
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