Commonwealth v. Knowlton
Massachusetts Supreme Judicial Court
The indictment in this case was found at the Court of General Sessions of the Peace for this county, May term, 1803. It alleges that there is a certain river or stream in this county, which empties itself into the River Kennebeck, called Sandy River, up and through which said Sandy River, salmon, shad, and alewives, have been wont to pass to the ponds adjacent, to cast their spawn, and which river ought by law to be free from all obstructions whatever; yet that the…
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The indictment in this case was found at the Court of General Sessions of the Peace for this county, May term, 1803. It alleges that there is a certain river or stream in this county, which empties itself into the River Kennebeck, called Sandy River, up and through which said Sandy River, salmon, shad, and alewives, have been wont to pass to the ponds adjacent, to cast their spawn, and which river ought by law to be free from all obstructions whatever; yet that the defendant, not ignorant of the premises, at Farmington, in said county, on the first day of June, 1801, with force and arms,…
1Opinion of the Court
Curia.
The defendant moves in arrest of judgment, on two grounds. The first is that the offence, as described in the indictment, h not alleged to be a common nuisance: the second is that the indictment is found at the Sessions, which has no jurisdiction of the offence.
The indictment is for an offence against a statute, passed in 1798, for the preservation of salmon, shad, and alewives, in the rivers in the counties of Lincoln and Cumberland. The first sec tian, on which the indictment is framed, provides that no person shall erect any mill-dam, or, being interested or concerned therein, shall…
2Cited by24 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Goodridge v. Department of Public HealthMassachusetts Supreme Judicial Court · 2003
- Stonehill College v. Massachusetts Commission Against DiscriminationMassachusetts Supreme Judicial Court · 2004
- Clement v. GrahamSupreme Court of Vermont · 1906
- Department of Revenue v. JarvenpaaMassachusetts Supreme Judicial Court · 1989
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