Taylor v. State

Bryan, J., delivered the opinion of the Court. Greenleaf Taylor was indicted in the Circuit Court for Anne Arundel county on the charge that he, not having been licensed according to law, did employ a certain boat called a bugeye in taking oysters with an instrument called a “ scoop,” within the waters of Chesapeake Bay, and not within the body of any county. He pleaded to the jurisdiction of thei Court, and averred in his plea that he was, and for eighteen years had been, a citizen of Talbot county, and had been a resident thereof for more than twelve months next preceding the taking of the oysters, and that the place where they were taken was within the waters of Talbot county, opposite and to the westward of Tilghman’s island, and not more than a mile and a half therefrom, and inland from a line drawn from Sharp’s island to Poplar island, and that he was duly licensed according to law by the clerk of the Circuit Court of Talbot county to take oysters at the place aforesaid with scrapes and dredges. The State demurred to this plea, and the Court sustained the demurrer, and1 overruled the plea.

Thereupon the traverser pleaded not guilty, and after conviction and sentence, took an appeal to this Court, having first taken an exception to a ruling of the Court at the trial. He also filed a petition and obtained an order for the transmission of the record to this Court as upon a writ of error. The traverser is not amenable to the jurisdiction of the Circuit Court for Anne Arundel county for an offense committed within the body of Talbot county. The plea to ¹³³ the jurisdiction avers that the boat was employed in taking oysters within the limits of this county, east of its western boundary.

The boundaries of the county are defined by legislative enactment. The Act of 1706, chapter 3, reads as follows: “From and after the 1st of May, 1707, the bounds of Talbot county shall contain Sharp’s island, Choptank island and all the land on the north side of Great Choptank river, and extend itself tip said river to Tuckahoe bridge; and from thence with a straight line to the Mill, commonly called and known by the name of 'Swetman’s Mill’; and from thence down the south side of Wye river to the mouth thereof, and from thence down the Bay (including Poplar island) to the first beginning; also Brufl’s island in Wye river.” We are at present more particularly concerned with the boundary from the mouth of Wye river; it is described as running thence “ down the- Bay (including Poplar island) to the first beginning.” According to its literal terms, it must be run so as to include Poplar island;, that is, it must be run on its outer or western side. In this way, only, can the waters between Poplar island and the mainland be comprehended within the territory of Talbot county. But that they are so comprehended ought not to be regarded as a matter of doubt.

The Act of 1884, chapter 468 (codified as section 155 of the Public Local Laws of Talbot county), requires the clerk of the Circuit Court for Talbot county to issue a license to any person who had been a resident of the county for twelve months next preceding his application, which license authorizes him to employ any boat of the capacity of ten tons or less in taking-oysters with dredge, scoop or scrape in the waters of Chop-tank river; and it then provides that the waters of Talbot county lying between Black Walnut point and a line drawn from Tilghman’s point to the southwest point of Parson’s island shall be open to the citizens of Talbot county, licensed as above mentioned. It excepts, however, from these ¹³⁴ waters of Talbot county, a. certain designated portion of tbe body of water between. Poplar -island and' tbe mainland; and-it further provides-that the waters of Ohoptank river .lying north of a straight line running from Benonispoint to Olora’s point are reserved- for tongmen, and. that it shall not be lawful to catch oysters with-scoop, scrape, dredge or similar instrument northward of said-line. - Row, this legislation shows three things which are important in this investigation: First, that the territory of Talbot.county includes the water, between Poplar island and the mainland; secondly, that it -also includes, other waters between Black Walnut point.-and:a line drawn from.-Tilghman’s point to, the southwest .point .of Parson’s island; and,