McCandlish v. Commonwealth

Citations

• 76 Va. 1002
• 1882 Va. LEXIS 99

Syllabus

<p>JÚBISDICTION—Construction of statutes—Caryoes—Case at bar.—On board vessels seized whilst employed in violating the act of 6th March, 1SS0 (Acts, 1879-80, p. 197), were cargoes of oysters. These, the justices, examining the captains, who were prisoners, ordered the sheriff to sell and hold the net proceeds until the decision of the cases. These prisoners in writing directed the sheriff to pay the proceeds to their attorney, M, for his services. After the prisoners had been convicted in the county court, M petitioned that court to order the sheriff to pay him the proceeds. The Commonwealth resisted, hut the county court entered the order; which, on error, the circuit court reversed, and adjudged the Commonwealth entitled to receive the money. On error to this court—</p> <p>Held :</p> <p>1. The State can he sued only in the tribunals designated by her, and she has not designated the county courts; but the State instituted these proceedings in the county court, and the demand made by M’s petition is in the nature of a counter claim, and is not a direct, original suit against the State.</p> <p>2. As that act does not attempt to forfeit the cargoes of vessels employed in violating its provisions, the Commonwealth acquired no title to the oysters by forfeiture.</p> <p>3. As the oyster beds belonging to the Commonwealth are common to all her citizens, subject to certain restrictions as to the mode of taking them, and it does not appear affirmatively that the oysters were tortuously taken, the Commonwealth acquired no right of detention as upon recaption. Mere seizure gave no right of property.</p> <p>4. As the Commonwealth had no title to the oysters, she could not of course be entitled to receive the proceeds.</p>