Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1892-09-17
The 0yster Question.
Review of the Claim of Maryland Of
the right Of her citizens to fish in
the waters Of Pocolnoke Sound.

Review of the Claim of Maryland Of
the right Of her citizens to fish IL
the waters Of Pocolnoke Sound.
The claim OF right in the citizens
of Maryland to fish in the waters OF
Pocomoke Sound, in common with
the citizensof Virginia, is based upon
still another ground,-that is, the
right acquired by prescription. Mr..
Elligood says, it is conceded that
the citizens of Maryland and Vir-
sinia have exercised from time i'm
memorial the common right of ia king
oysters in this Sound, both North
and South of the boundary line, I'M
| til 1884, since which Virginia has by
her oyster police deprived us of it. +"
"Now laying aside the Compact, we
have this right by i'm memorial usage
and prescription" He then argues
that "the length Of time which
creates right by prescription in a
private party raises a presumption in
favor OF State. that is to say twenty
years. The same principle is applied
to the exercise OF privilege, the pre-.
scription OF q profit or the enjoyment
OF what the common law calls an
:, easement. Now If Maryland has ex-
ercised the right of fishing in the Vir-
einia waters of the Pocomoke from
time immemorial, then on the appli-
cation of the foregoing principles she
has acquired, aside from the Com
poet. the perception of q profit and
an eaeement.n Senator Hayes, in
/ his closing argument, says, is con
coded by the Virginia com nittee that
the common right of cate hing oysters
md fish in this Pocomoke was en-
iov 4 by Maryland until 1884.
That gives us a right to the
eascm mt by prescription II
the concession here mentioned was
made by the Virginia committee, it
does not appear in any speech made
by u member of that committee as
reported; and Furthermore, if made
it shows lamentable Ignorance on
their part of the legislation of their
State. Mr.. Elligood claims the right
to take oysters in Pocomoke Sound
by prescription on two grounds; first,
upon the exercise of this right from
time imnemorial,-and second, upon
q presumption in favor of the State
of Maryland arising from the exer-
else of the privilege for twenty years.
The gentleman is too good lawyer
not to know that these two kinds Of
prescription rest upon entirely differ
emit. grounds. The first rests upon
the presumption that grant was
onceemade, and by lapse Of time the
evidc zee of such grant has been lost;
and therefore, The exercise Of the
right must have been from time i'm
memorial, that is time whereof mem
Iory Of MN runneth not to the con-
trary, which is from the beginning of
the reign Of King Richard 1. AS all
of the Colonies were settled long
after this time, it has been deter
mined by the Courts in this Country.
over and over again, that prescription
of this first class does not exist with
us. The other kind is the prescrip.
ton arising out of the several acts of
Limitation barring the recovery of
property after a continual possession
for certain number Of years. 1t is
upon the last kind the gentleman
must rely. The possession necessary
;, to constitute a title by such pre-
scription must have been uninter.
rupted, peaceable and adverse, if not
exclusive. An examination of the
oyster legislation of Virginia will
throw light upon the claim of Mary
land to take oysters in the waters OF
! Pocomoke Sound. These bivalves
were considered of such little value
that prior to 1919 the Virginia waters
were open to the whole world; nc
ncrson, resi- 1entor nonresident, being
intscdicted from taking them, ex.
cept prohibition against the taking
for the purpose of being converted
into lime. In 1919 the Virginia Leg.
islature passed an Act prohibiting
any person WHO was not citizen
and resident of the State from taking
oysters in any of the waters thereof
except fr I'M the waters OF the Poto.
MI: and Pocomoke, WHERE THOSE
RIVERS ARE COMMON TERRITORY to
the States of Maryland and Virginia
In 1881, an Act was passed which
forbids ell except actual inhabitants
and residents of Virginia, from TAX
ing oysters in the waters of Virginia,
except IN SUCH RIVERS AND SUCH
PORTIONS THEREOF AS ARE COMMON
PROPERTY to this and some other
State. The Act of 1916 forbids all
perso Is, other than actual residents
and inhabitants of Virginia, from
taking oysters in the waters of ACco
MAC COUNTY, except IN SUCH RIVERS
AND PORTIONS THEREOF AS ARE COM.
: MON to Virginia and other States.
The Virginia Code of 1S49 forbids
any person other than citizen OF
Virginia from taking oysters and
terrapins in the waters thereof, or in