Oyster

The right to take shell fish low high water mark from natural beds tide waters is common to all citizens of state, except as restrained by positive or grants from the state; Brown v. De 50 N. J. L. 409, 14 Atl. 219, 7 Am. St. 794; Allen v. Allen, 19 R. I. 114, 32 Atl. 20 L. It. A. 497, 61 Am. St. Rep. 738; v. Raymond, GG Conn. 285, 33 Atl. 100G. natural oyster-bed” is one not ifianted man; State v. Willis, 104 N. C. 7G4, 10 S. the ble waters, in spots designated by stakes or etc., otherwise; State v. Taylor, 27 N. J. L. 117. party, 72 Am. Dec. 347; Mc Carty v. Holman, 22 in Hun (N. Y.) 53; the owner must clearly profert. mark out and define his beds; Brinckerhoff by v. Starkins, 11 Barb. (N. Y.) 248; this right is is in the nature of a license from the state, forth which the state may revoke; Fleet v. liegestate- man, 14 Wend. (N. Y.) 42; Hess v. Muir, G5 com- Md. 58G, 5 Atl. 540, G Atl. G73. 1 A state has power to regulate the oyster 304. industry although carried on under its tidal or waters; Lee v. New Jersey, 207 U. S. 67, 28 all Sup. Ct. 22, 52 L. Ed. 106. It may forbid the testa- lease of oyster beds lying under certain tidal like, waters within the state to any person not plead a citizen and resident of such state unless But he was using such bed at the time of the does passage of the act, the right to cultivate and Salk. plant oysters not being a privilege or imwhen munity, hut a property right; State v. Corof son, 67 N. J. L. 178, 50 Atl. 780; but it was for held that an act making it a misdemeanor Reed, for one not a citizen of the United States par- and a resident and tax payer of the state to court take oysters was invalid as in violation of in the Texas bill of rights; Gustafson v. State, may 40 Tex. Cr. R. 07, 43 S. W. 717, 4S S. W. strike 518, 43 L. R. A. G15. oy- An act requiring everyone engaged in Abr. packing oysters to pay a tax, which applies the to oysters taken in and shipped from another oyer, state, is within the police power of the state. Lev. It is not an interference with interstate commerce; Applegarth v. State, 89 Md. 140, 42 set Atl. 941. Deepening the channel, by which at oyster beds were injured, is not a taking of may the oyster beds within the fifth amendment any of the United States constitution; Lewis B. Stra. P. O. C. Co. v. Briggs, 229 U. S. 82, 33 Sup. ma- Ct. 679, 57 L. Ed. 1083. and The state, subject to the paramount right of navigation, is the owner of the oyster- (F), beds in its waters and can prohibit their 2890. taking by any but its own citizens, and pre- Assize; scribe the times, instruments, and conditions of taking them; Dize v. Lloyd, 36 Fed. 652; to Boggs v. Com., 76 Va. 989. public One who plants oysters on a natural bed opening cannot recover against one who removes them with the natural growth; Cook v. Raymond, G6 Conn. 285, 33 Atl. 1006. One who plants a bed of oysters in a bay be- on v an arm of the sea, designating the bed, in does not interfere with the common right of the fishing, and may maintain trespass for an law invasion of his property; Robins v. Ackerly, Groff, 91 N. Y. 98; 7 Q. B. D. 106. Oysters deposit- Rep. ed artificially may obstruct navigation and 1GG, be a nuisance; 7 Q. B. 339. Cook An act requiring oyster packers to pay a “A tax is constitutional, though they are shipby ped from another state; Applegarth v. State, E. 89 Md. 140, 42 Atl. 941. boats entitled to engage in oyster planting in certain tidal waters within the state according to the tonnage measurement of the boats does not violate the constitutional prohibition against levying tonnage duties, the tax being imposed on the business of oyster planting and not on the ship as an instrument of commerce; State v. Corson, 07

See Fishery; Impeovement. P. P. As an abbreviation, denotes page. Parliament, part, patent, penal, people, perpetual, placitum, pleas, jjoor, practice, precedents, president (judge), private, privy, probate, protest, public: P. C Patent cases; penal code; pleas of the crown; political code: pracfice cases; precedents in chancery. P. h. V. Pro hac vice, for this occasion. See Peg, etc. P. J. President judge. See Judge. P. L. Pamphlet laws; poor laws; public laws. P. M. Post meridiem, after midday. See Afternoon; Day. P. P. Propria persona, in his own person. See Peopeius. > Suydam v. Williamson, 20 How. 436 (1857), Clifford, J.; 58N. H. 313., = Mealey v. Metropolitan Lite Ins. Co., 23 F. E. 25 (18S5), in which case the court refused to direct the defendant to file the application and the medical examination in the clerk's office. See also Sneed v. Wister, 8 Wheat. 695 (1823); 1 Chitty, PI. '»430. » 4 Bl. Com. 269. P. &. Public statutes.