State v. . Willis
Supreme Court of North Carolina
Oysters — Statute, Construction of. This was a criminal actioN, tried on appeal from a Justice of the Peace, before Shipp, J, at Spring Term, 1889, of Carteret Superior Court. The trial was on the warrant of a Justice of the Peace, issued under section 3393, last clause of said section, contained in ch. 43, vol.
Read the full summary
Oysters — Statute, Construction of. This was a criminal actioN, tried on appeal from a Justice of the Peace, before Shipp, J, at Spring Term, 1889, of Carteret Superior Court. The trial was on the warrant of a Justice of the Peace, issued under section 3393, last clause of said section, contained in ch. 43, vol. II, of The Code, entitled, “Oysters and other Fish,” charging the defendant with taking oysters from the oyster-gardens of one John D. Chadwick, on or about the 20th day of February, 1888, without permission of said Chadwick first had. The defendant pleaded “Not guilty,” contending…
1Opinion of the CourtShepherd, J.
— after stating the facts: As early as 1822 the attention of our Legislature was directed to the protection of the oyster interests in the waters of this State, and a statute was enacted inflicting a penalty upon “masters and skippers” from transporting oysters out of the State, and also prohibiting the use of any instrument except tongs in their taking.
In those days the natural oyster-beds were considered amply sufficient to meet the demands of the public, and it was only deemed necessary to extend to them the protection of the law as above stated.
In 1858 the law-makers, appreciating the…
2Cited by5 opinions
- State Ex Rel. Rohrer v. CredleSupreme Court of North Carolina · 1988
- Jones v. OemlerSupreme Court of Georgia · 1900
- State Ex Rel. Blount v. SpencerSupreme Court of North Carolina · 1894
- State v. . WillisSupreme Court of North Carolina · 1890
- Town of Smithtown v. JewellAppellate Division of the Supreme Court of the State of New York · 1917